BILL 74 – 2004
MISCELLANEOUS STATUTES AMENDMENT ACT (No. 3), 2004

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Community Charter

1 Section 220 (1) (j) of the Community Charter, S.B.C. 2003, c. 26, is amended by striking out "except a private hospital under that Act,".

2 Section 224 (2) (j) is repealed and the following substituted:

(j) land or improvements owned or held by a person or organization and operated as a private hospital licensed under the Hospital Act or as a licensed community care facility, or registered assisted living residence, under the Community Care and Assisted Living Act; .

3 Section 224 (2) (j) is amended by striking out "as a private hospital licensed under the Hospital Act or".

 
Community Charter Interim Regulations

4 Sections 6 and 7 of the Community Charter Interim Regulations, B.C. Reg. 429/2003, are repealed.

 
Community Charter Transitional Provisions, Consequential Amendments and
Other Amendments Act, 2003

5 Sections 41 (a), 42 (b) and 550 (4) of the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, S.B.C. 2003, c. 52, are repealed.

 
Court Rules Act

6 Section 2 of the Supplement to the Court Rules Act, R.S.B.C. 1996, c. 80, is repealed.

 
Environmental Management Act

7 Section 109 (3) (b) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by striking out ", and section 24 of the Offence Act applies in respect of anything taken away".

 
Gaming Control Act

8 Section 18 of the Gaming Control Act, S.B.C. 2002, c. 14, is amended

(a) in subsection (1) (b) by adding "gaming" before "facility", and

(b) in subsection (3) by striking out "or to develop, use or operate a gaming facility at another location," and substituting "to relocate an existing gaming facility,".

9 Section 19 (1) (a) (ii) is amended by adding "gaming" before "facility".

10 Section 20 is amended by striking out "existing facility" and substituting "existing gaming facility".

11 Section 67 (2) is amended by striking out "is 3 years" and substituting "is not to exceed 3 years".

12 Section 79 (1) is amended by adding the following paragraph:

(c.1) make inquiries the inspector considers necessary, .

13 Section 80 (1) is amended by adding "individual suitability and" after "inquiries as to".

14 Section 95 (d) (i) is repealed and the following substituted:

(i) a registrant or licensee and is acting in accordance with the conditions of registration or of the licence, or .

 
Medicare Protection Act

15 The Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended

(a) by adding the following Part heading after section 40:

Part 8 -- Appeals , and

(b) by adding the following section to Part 8:

Appeals -- practitioners and diagnostic facilities

43 (1) A practitioner, an owner of a diagnostic facility or a representative of a professional corporation in respect of whom an order was made under section 15 (2) or 37 (1) may appeal the order to the Supreme Court not more than 30 days after the date of the order or cancellation.

(2) An appeal from a decision of the Supreme Court on appeal under subsection (1) lies to the Court of Appeal with leave of a justice of the Court of Appeal.

(3) An appeal under this section does not operate to stay the order appealed from unless the court to which the appeal is made otherwise orders.

 
Miscellaneous Statutes Amendment Act, 2004

16 Section 44 (2) of the Miscellaneous Statutes Amendment Act, 2004, S.B.C. 2004, c. 23, is amended by striking out "section 8 (1) (d)," and substituting "section 43 (1) (d),".

17 Section 45 is amended

(a) in Column 1 of Item 10 by striking out ", 43 and 44", and

(b) by adding the following Item:

 
Motor Vehicle Act

18 Section 60 (11) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(11) Subsections (9) and (10) and this subsection are repealed on December 31, 2006, or on an earlier date specified by regulation of the Lieutenant Governor in Council.

 
Municipalities Enabling and Validating Act (No. 3)

19 Section 15 (1) and (2) of the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by striking out "section 29" and substituting "section 26".

 
Personal Information Protection Act

20 Section 6 (2) (b) of the Personal Information Protection Act, S.B.C. 2003, c. 63, is amended by striking out "authorized the collection, use or disclosure is authorized" and substituting "authorizes the collection, use or disclosure".

21 Section 8 (2) is repealed and the following substituted:

(2) An individual is deemed to consent to the collection, use or disclosure of personal information for the purpose of his or her enrollment or coverage under an insurance, pension, benefit or similar plan, policy or contract if he or she

(a) is a beneficiary or has an interest as an insured under the plan, policy or contract, and

(b) is not the applicant for the plan, policy or contract.

22 Section 22 is amended by adding ", without the consent of the individual," after "may disclose".

23 Section 23 is amended

(a) in subsection (3) by striking out "personal information under subsection (1)" and substituting "personal information and other information under subsection (1) or (2)",

(b) in subsection (3) (a) to (e) by striking out "personal",

(c) in subsection (3) (c) by adding "or disclosed" after "collected" and by adding "or 18" after "section 12",

(d) by repealing subsection (3) (d),

(e) by adding the following subsection:

(3.1) A credit reporting agency is not required to disclose the names of the individuals and organizations to whom the personal information was last disclosed by the agency in a credit report more than 12 months before the request under subsection (1) was made. , and

(f) in subsection (4) by striking out "personal information under subsection (1)" and substituting "personal information and other information under subsection (1) or (2)".

24 Section 28 (c) is amended by striking out "section 23 (3) or (4)" and substituting "section 23 (3), (3.1) or (4)".

25 Section 30 is amended

(a) in subsection (1) by striking out "tell the applicant," and substituting "tell the applicant", and

(b) in subsection (2) by striking out "subsection (1) (c)" and substituting "subsection (1) (a)".

26 Section 36 (1) is amended by adding the following paragraphs:

(k) exchange information with any person who, under legislation of another province or of Canada, has powers and duties similar to those of the commissioner;

(l) enter into information-sharing agreements for the purposes of paragraph (k) and into other agreements with the persons referred to in that paragraph for the purpose of coordinating their activities and providing for mechanisms for handling complaints.

27 Section 41 is amended

(a) in subsection (1) by striking out "(2) to (5)" and substituting "(2) to (6)", and

(b) by adding the following subsection:

(6) The commissioner may disclose, or may authorize anyone acting for or under the direction of the commissioner to disclose, information in accordance with an information-sharing agreement entered into under section 36 (1) (l).

28 Section 51 is repealed and the following substituted:

Burden of proof

51 At an inquiry into a decision to refuse an individual

(a) access to all or part of an individual's personal information,

(b) information respecting the use or disclosure of the individual's personal information, or

(c) the names of the sources from which a credit reporting agency received personal information about the individual,

it is up to the organization to prove to the satisfaction of the commissioner that the individual has no right of access to his or her personal information or no right to the information requested respecting the use or disclosure of the individual's personal information or no right to the names of the sources from which a credit reporting agency received personal information about the individual.

29 Section 52 (2) (a) is amended by striking out "or" at the end of subparagraph (ii), by adding "or" at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) if the organization is a credit reporting agency, to disclose to the individual the names of the sources from which it received personal information about the individual, .

30 Section 58 (2) is amended by adding the following paragraph:

(a.1) permitting prescribed categories of applicants to make requests under this Act orally instead of in writing; .

 
Police Act

31 Section 68.1 of the Police Act, R.S.B.C. 1996, c. 367, is amended

(a) in subsection (1) by adding the following definitions:

"designated service provider" means a corporation that

(a) is providing an information management system to a law enforcement service, and

(b) is designated by order of the Lieutenant Governor in Council for the purposes of subsection (7);

"protected person" means

(a) a designated service provider,

(b) a current or former member of a designated service provider, and

(c) a current or former director or employee of a designated service provider. , and

(b) by adding the following subsections:

(7) No action lies and no proceedings may be brought against a protected person, and a protected person is not liable for any loss or damages suffered by any person, in respect of anything done or omitted to be done by the protected person in relation to the provision or operation of an information management system provided by a designated service provider.

(8) As an exception, the immunity from legal action otherwise provided to a protected person by subsection (7) does not apply if the protected person has been guilty of malice or wilful misconduct in relation to the subject matter of the action.

 
Protected Areas of British Columbia Act

32 Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended

(a) in the description of Adams Lake Marine Park -- Spillman Beaches Site by striking out "except the Forest Service Road identified as Road 7562.02." and substituting "except the Forest Service Road identified as Road 9865.01.",

(b) in the description of Adams Lake Marine Park by striking out "The whole park containing approximately 278 hectares." and substituting "The whole park containing approximately 262 hectares.",

(c) in the description of Cultus Lake Park by striking out the paragraph beginning "Secondly:" and substituting the following:

Secondly: commencing at the northwest corner of Fractional Section 25, Township 22, ECM;
thence due West a distance of 402.3 metres;
thence due South a distance of 402.3 metres;
thence due West a distance of 402.3 metres;
thence due South a distance of 402.3 metres;
thence due West a distance of 402.3 metres;
thence due South a distance of 804.7 metres;
thence due West a distance of 402.3 metres;
thence due South a distance of 1.207 kilometres;
thence due West a distance of 402.3 metres;
thence due South a distance of 402.3 metres;
thence due West a distance of 402.3 metres;
thence south a distance of approximately 804.7 metres to the most westerly northwest corner of Lot F, New Westminster Land Title Office Plan 23152, being the southwest corner of Legal Subdivision 10, Sub-Lot 10, Section 15, Township 22, New Westminster District;
thence easterly, northerly and easterly along the northerly boundary of Lot F, New Westminster Land Title Office Plan 23152, to the westerly shore natural boundary of Cultus Lake;
thence in a general northeasterly direction along the westerly shore natural boundary of Cultus Lake to the southwest corner of Fractional Section 25, Township 22, ECM;
thence northerly along the westerly boundary of Fractional Section 25, Township 22, ECM to the southeast corner of Block A of Legal Subdivision 16 of Section 26, Township 22, ECM, being a point on the westerly boundary of Fractional Section 25;
thence westerly, northerly, and easterly along the southerly, westerly and northerly boundaries of Block A of Legal Subdivision 16 of Section 26 to the northeast corner of Section 26, being a point on the westerly boundary of Fractional Section 25, Township 22, ECM;
thence northerly along the westerly boundary of Fractional Section 25, Township 22, ECM to the northwest corner of Section 25, being the point of commencement. ,

(d) in the description of Golden Ears Park at the end of the paragraph beginning "Firstly:" by striking out "and the point of commencement." and substituting "and the point of commencement; except Block A, District Lot 2722 and District Lot 8028 as shown on Crown Land Registry Plan 24 Tube 1937." and at the end of the description by striking out "approximately 62 540 hectares." and substituting "approximately 62 539 hectares.",

(e) in the description of Goldstream Park by striking out "The whole park containing approximately 379 hectares (356 hectares of upland and 23 hectares of foreshore)." and substituting "The whole park containing approximately 477 hectares (454 hectares of upland and 23 hectares of foreshore).",

(f) in the description of Kitimat River Park by striking out "Plan 15 Tube 1855." and substituting "Plan 15 Tube 1885.",

(g) by repealing the description of Mount Elphinstone Park and substituting the following:

MOUNT ELPHINSTONE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in New Westminster District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 1940.

The whole park containing approximately 141 hectares. ,

(h) by repealing the name "MUSKET ISLAND MARINE PARK" and substituting "HARDY ISLAND MARINE PARK",

(i) by repealing the description of Sargeant Bay Park and substituting the following:

SARGEANT BAY PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Group 1, New Westminster District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1940.

The whole park containing approximately 146 hectares (143 hectares of upland and 3 hectares of foreshore). ,

(j) by repealing the description of Shannon Falls Park and substituting the following:

SHANNON FALLS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in New Westminster District and contained within the following described boundaries:

That part of District Lot 608 as shown on an unregistered plan, Drawing No. D-626 (J. 83511) produced by Hermon, Bunbury, & Oke, B.C.L.S., and dated March 2, 1983; except the land required for the widening of Garibaldi Highway No. 99 as shown on Ministry of Transportation Reference Plan No. R10447-65 on file in Ministry of Transportation Regional Office, New Westminster;
Reference Plan No. R10447-51 on file in Ministry of Transportation Regional Office, New Westminster.

Parcel B of District Lot 608, Explanatory Plan 7565;
That part of Parcel C of District Lot 608, Explanatory Plan 7565, lying east of the Squamish Highway;
Parcel H of District Lot 608, Explanatory Plan 7565; except (1) the Crown land that is the subject of that part included in the unregistered plan Drawing No. D-626 (J. 83511); and (2) the land required for the widening of Garibaldi Highway No. 99 as shown on Ministry of Transportation Reference Plan No. R10447-65 on file in Ministry of Transportation Regional Office, New Westminster;
District Lot 3538; except the Crown land that is the subject of Plans 2624, 10597 and 20152.

The whole park containing approximately 87 hectares. , and

(k) in the description of Tahsish-Kwois Park by striking out "Plan 3 Tube 1910." and substituting "Plan 2 Tube 1939."

33 Schedule D is amended

(a) by repealing the description of God's Pocket Marine Park and substituting the following:

GOD'S POCKET MARINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Rupert District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 12 Tube 1940.

The whole park containing approximately 2 036 hectares (550 hectares of upland and 1 486 hectares of foreshore). , and

(b) in the description of Wells Gray Park at the end of the paragraph beginning "Fourthly:" by striking out "and (4) the surveyed road as shown on Plan 4 Tube 1432 on file with the Surveyor General of British Columbia." and substituting "(4) the surveyed road as shown on Plan 4 Tube 1432 on file with the Surveyor General of British Columbia; and (5) 1.845 hectares described as WGPP on Ministry of Transportation (File #2021, Project 21924) Drawing R2-600-101-RW."

 
Securities Act, 2004

34 Section 24 of the Securities Act, S.B.C. 2004, c. 43, is amended by striking out "within the prescribed time." and substituting "in accordance with the regulations."

35 Section 44 (2) and (3) is repealed and the following substituted:

(2) If, within 6 months of the effective date of an order made under subsection (1),

(a) all records required to be filed under this Act or the regulations, whether or not mentioned in the order, are filed,

(b) all records, whether or not mentioned in the order, are completed in accordance with this Act and the regulations, and

(c) all fees required to be paid under this Act or the regulations, whether or not mentioned in the order, are paid,

the commission must revoke the order as soon as practicable.

(3) If an order made under subsection (1) is in effect 6 months or more after the effective date of the order, on application and payment of all fees required under this Act or the regulations, the commission must revoke the order unless the commission considers it prejudicial to the public interest to do so.

(3.1) Before the commission refuses to revoke an order under subsection (3), it must provide an opportunity to be heard.

36 Section 170 (2) is amended

(a) by repealing paragraph (aa) (ii) and substituting the following:

(ii) conditions that refer to

(A) a person or a class of persons,

(B) a code, standard, bylaw, rule or regulatory instrument referred to in paragraph (s),

(C) a law or regulatory instrument referred to in subparagraph (i) of this paragraph, or

(D) a jurisdiction or another regulator,

designated by the commission for the purposes of the rule, , and

(b) by adding the following paragraph:

(cc.1) in relation to the records used for determining the percentage of a class of securities a person holds, owns or controls; .

 
Strata Property Act

37 Section 173.1 (1) of the Strata Property Act, S.B.C. 1998, c. 43, is amended by adding "or the written consent of an owner under section 172 (1) (a)" after "172 (1) (b)".

 
Vancouver Charter

38 Section 2.1 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following subsection:

(2.1) The definitions in the Local Government Act and the Community Charter apply to the city in relation to the application of the provisions referred to in subsections (1) and (2).

Retroactive effect -- Medicare Protection Act

39 (1) Section 15 is deemed to have come into force on January 30, 2004, and is retroactive to the extent necessary to give full force and effect to its provisions on and after that date and must not be construed as lacking this retroactive force and effect in relation to any matter, including an appeal brought or continued under section 43 of the Medicare Protection Act on or after January 30, 2004, merely because it makes no specific reference to that matter.

(2) Despite subsection (1), if an appeal brought or continued under section 43 of the Medicare Protection Act on or after January 30, 2004 has not been decided on or before the date this Act receives Royal Assent, the calculation of any time period that applies to the appeal must exclude the period

(a) beginning January 30, 2004, and

(b) ending on the date that is 2 weeks after the date this Act receives Royal Assent.

(3) Despite subsection (1), an appeal that

(a) could have been brought under section 43 of the Medicare Protection Act on or after January 30, 2004, and

(b) has not been brought on or before the date this Act receives Royal Assent

may be brought within 30 days after the date this Act receives Royal Assent.

Retroactive effect -- Miscellaneous Statutes Amendment Act, 2004

40 Sections 16 and 17 come into force as provided in Item 5 of section 41 and are retroactive to the extent necessary to bring section 43 of the Miscellaneous Statutes Amendment Act, 2004, S.B.C. 2004, c. 23, and section 44 of that Act as amended by section 16 of this Act, into force on July 23, 2004.

Commencement

41 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: