BILL 6 – 2005
BUDGET MEASURES IMPLEMENTATION ACT, 2005

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

 
Financial Administration Act

1 Section 1 of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended in the definition of "public money" by striking out everything after "government corporation" and substituting "unless that money is payable to the government under an enactment;".

2 Section 25 (1) is amended by striking out everything after "made by the government," and substituting "a minister responsible for the Act, agreement or undertaking may, unless otherwise directed by the Treasury Board, authorize payment for those government expenditures out of the consolidated revenue fund of an amount equal to the amount payable to or received by the government."

 
Freedom of Information and Protection of Privacy Act

3 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

 
Insurance for Crops Act

4 Section 3 of the Insurance for Crops Act, R.S.B.C. 1996, c. 229, is repealed and the following substituted:

Expenses

3 The government may pay any money the government becomes liable to pay in carrying out the terms of an agreement entered into under a scheme of crop insurance established under section 4 (2) (a) of this Act, including any expenses incurred in carrying out the terms of the agreement, out of the consolidated revenue fund unless money is available for that payment

(a) in the Production Insurance Account established under section 9.2 of the Special Accounts Appropriation and Control Act, or

(b) under a special vote of the Legislature.

 
South Moresby Implementation Account Act

5 Section 1 of the South Moresby Implementation Account Act, R.S.B.C. 1996, c. 435, is amended in the definition of "agreement" by striking out "agreement on or before March 31, 2000;" and substituting "agreement;".

 
Special Accounts Appropriation and Control Act

6 Section 6 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is repealed.

7 The following section is added:

Production Insurance Account

9.2 (1) In this section:

"contract of insurance" has the same meaning as in the Continuous Crop Insurance Regulation, B.C. Reg. 546/95;

"minister" means the Minister of Agriculture, Food and Fisheries;

"special account" means the Production Insurance Account established under subsection (2).

(2) A special account to be known as the Production Insurance Account is established.

(3) The special account consists of the following:

(a) an opening balance, being the closing balance in the Crop Insurance Fund within the meaning of the Continuous Crop Insurance Regulation, B.C. Reg. 546/95, on March 31, 2005;

(b) all premiums and other income received by the government under a contract of insurance;

(c) all premiums received by the government from the government of Canada under an agreement made under section 1 of the Insurance for Crops Act;

(d) all indemnities payable by, and received by the government from, reinsurers of contracts of insurance;

(e) any money payable by the government for premiums that is transferred from a vote, as defined in the Financial Administration Act;

(f) any interest credited to the special account under subsection (5).

(4) Despite section 21 (3) of the Financial Administration Act, the minister may pay money out of the special account for any of the following purposes:

(a) indemnities and other amounts payable by the government under contracts of insurance;

(b) money payable by the government to repay the government of Canada, under an agreement made under section 1 of the Insurance for Crops Act, for any money paid or advanced by the government of Canada for the payment of indemnities under contracts of insurance;

(c) transfers to the general account of the consolidated revenue fund of money to repay to the government payments or advances made by the government from the general account for the payment of indemnities under contracts of insurance;

(d) premiums payable by the government for reinsurance in relation to contracts of insurance.

(5) The government must, on 2 occasions in each fiscal year, as that term is defined in the Financial Administration Act, credit interest to the special account so that the total amount of interest credited for that year equals the interest calculated under subsection (6) of this section.

(6) Interest under subsection (5) must be calculated

(a) for each calendar month in the fiscal year,

(b) at a rate determined by the government, and

(c) on the minimum cash balance held in the special account in that month.

 
Wildlife Act

8 The Wildlife Act, R.S.B.C. 1996, c. 488, is amended by adding the following heading before section 1:

Part 1 -- General Provisions .

9 Section 111 is repealed and the following substituted:

Part 2 -- Habitat Conservation Trust Fund

Definitions

111 In this Part:

"board" means the Habitat Conservation Trust Board established under section 112 (3);

"trust fund" means the Habitat Conservation Trust Fund continued under section 112 (1);

"trustee" means the trustee appointed under this Part.

Trust fund and board

112 (1) The Habitat Conservation Trust Fund is continued.

(2) Unless a trustee has been appointed by the board under section 115 (1), the Lieutenant Governor in Council may appoint a public officer as trustee for the purposes of this Part.

(3) The Habitat Conservation Trust Board is established for the purposes of this Part.

(4) Subject to subsection (5), the members of the board are

(a) two individuals appointed by the minister,

(b) two individuals appointed by the British Columbia Wildlife Federation,

(c) one individual appointed by the Guide Outfitters Association of British Columbia,

(d) one individual appointed by the British Columbia Trappers Association, and

(e) four additional members appointed by the board.

(5) For the purposes of subsection (4),

(a) of the 2 members appointed under subsection (4) (b), one is to have demonstrated experience in fisheries and one is to have demonstrated experience in wildlife management, and

(b) each of the members appointed under subsection (4) (e) is to have demonstrated experience in one or more of the following:

(i) conservation science;

(ii) fish, wildlife or habitat conservation or management;

(iii) financial management;

(iv) business;

(v) law;

(vi) education;

(vii) communications.

Replacement of members of the board

113 (1) Subject to this section, the term of office of a member of the board is

(a) in the case of a member of the board referred to in section 112 (4) (a), (b), (c) or (d), 3 years from

(i) in the case of the first members of the board, the coming into force of this section, and

(ii) in the case of other members of the board, the expiry of the term of the member that he or she replaces, and

(b) in the case of a member of the board referred to in section 112 (4) (e), 2 years from

(i) in the case of the first members of the board, the coming into force of this section, and

(ii) in the case of other members of the board, the expiry of the term of the member that he or she replaces.

(2) A member of the board ceases to hold office when

(a) the member's term of office expires,

(b) the member dies or resigns, or

(c) the member's appointment is revoked under subsection (5) or (6).

(3) If one of the members of the board ceases to hold office, a replacement for that member must be appointed in the same manner as that member was appointed.

(4) A replacement member appointed under subsection (3) holds office until the end of the term of the member he or she replaces.

(5) The person who appointed a member of the board referred to in section 112 (4) (a), (b), (c) or (d) may revoke that appointment at any time, and, if the appointment of such a member of the board is revoked or if such a member of the board otherwise ceases to be a member of the board for any reason, the person who appointed that member may appoint a replacement.

(6) The board may revoke an appointment of a member referred to in section 112 (4) (e) at any time, and, if the appointment of such a member of the board is revoked or if such a member of the board otherwise ceases to be a member of the board for any reason, the board may appoint a replacement.

(7) Any member of the board, including a first member, may be reappointed.

Proceedings of the board

114 (1) A resolution of the board may be passed

(a) at a meeting of the board, or

(b) without a meeting if each of the board members consents to it in writing.

(2) A board member may participate in, including vote at, a meeting of the board

(a) in person, or

(b) by telephone or other communications medium if all members of the board participating in the meeting, whether by telephone, by other communications medium or in person, are able to communicate with each other.

(3) Notice of the date, time and location of any meeting of the board must be given to each board member at least the prescribed number of days before the meeting.

(4) The accidental omission to send notice of any meeting to, or the non-receipt of any notice by, any of the persons entitled to notice does not invalidate any proceedings at that meeting.

(5) The acts done by the board are not invalid merely because the board is not at the time composed of the number of board members required under section 112 (4).

(6) Subject to this Part, the board may

(a) establish its own procedures, and

(b) provide or obtain services and supplies for the purposes of exercising its powers and performing its duties under this Part.

Replacement of trustee

115 (1) On and after March 31, 2006, the board may appoint a trustee for the trust fund on the terms and conditions that, subject to this Act, it considers appropriate.

(2) If the board wishes to appoint a trustee under subsection (1) to replace a trustee appointed under section 112 (2), the board must give at least 6 months' notice to the trustee who is to be replaced.

(3) A trustee appointed by the board under subsection (1) must, within 4 months after the end of each fiscal year,

(a) prepare, in accordance with generally accepted accounting principles, financial statements for the trust fund for that fiscal year and have those financial statements audited,

(b) provide a copy of those audited financial statements to the board and to each of the persons who has the ability to appoint a member of the board under section 112 (4), and

(c) publish a copy of those audited financial statements in a manner that can reasonably be expected to bring those financial statements to the attention of the public.

(4) If a trustee is replaced by a trustee appointed under subsection (1), the replaced trustee must provide to the replacement trustee

(a) the trust fund's assets, and

(b) all financial records in the possession or under the control of the replaced trustee relating to the payments into and out of the trust fund

(i) in the fiscal year in relation to which the replacement trustee is required to prepare audited financial statements, and

(ii) if requested by the replacement trustee, in the previous fiscal year,

on such terms and conditions respecting privacy and disclosure of those records as the replaced trustee considers appropriate.

Payments out of the trust fund

116 (1) Subject to subsection (2), the trustee may make payments out of the trust fund for one or more of the following:

(a) the conservation or enhancement of biological diversity, fish, fish habitat, wildlife or wildlife habitat;

(b) the acquisition and management of land for the conservation or enhancement of a population of a species of fish or wildlife and its habitat;

(c) the furthering, stimulation and encouragement of knowledge and awareness of fish or wildlife and their habitat, or of the trust fund, by way of promotional, educational or other programs;

(d) the reasonable travelling and out of pocket expenses incurred by members of the board, and by persons advising the trustee or the board, on matters relating to the trust fund, if those persons are not entitled to payment for those expenses from the government;

(e) remuneration for members of the board, other than members who are appointed under section 112 (4) (a), which remuneration is to be paid to a member for each day that the member is engaged in meetings of the board for the purposes of exercising the board's powers and performing its duties under this Part, in the amount prescribed under the regulations;

(f) if the trustee is appointed under section 115 (1), remuneration for the trustee;

(g) services and supplies provided in relation to matters referred to in section 114 (6) (b) and paragraphs (a) to (f) of this subsection or provided to otherwise manage the trust fund.

(2) Subject to subsection (4), the trustee must comply with any direction provided to the trustee by the board respecting the payments to be made under subsection (1) and must not make any payments under subsection (1) unless directed or authorized to do so by the board.

(3) The board may provide a direction or an authorization to the trustee under subsection (2) if it is authorized to do so by a resolution of the board.

(4) A trustee need not comply with a direction of the board under subsection (2) if that direction is contrary to law.

(5) A payment that the trustee is directed or authorized to make under subsection (2) is not contrary to law merely because a person who may appoint members to the board may or does receive some or all of that payment.

(6) In addition to the payments referred to in subsection (1), the trustee may make payments out of the trust fund that the trustee is obligated to make under an enactment.

(7) The trustee must, on request of the board, provide to the board financial records respecting all of the money paid into or out of the trust fund.

Payments into the trust fund

117 The following must be paid into the trust fund:

(a) surcharges collected on licences or applications for licences issued under this Act;

(b) revenue derived from fund raising and the sale of promotional, educational or other materials, goods or services under section 116 (1) (c);

(c) money acquired by gift, donation or bequest or by disposition of any land acquired for the purposes of the trust fund;

(d) revenue derived from lands administered by the minister for the benefit of fish or wildlife;

(e) money received as contributions

(i) under an appropriation or a requisition, or

(ii) from the government of Canada, municipalities or others;

(f) any interest and other income of the trust fund.

 
Wildlife Amendment Act, 1999

10 Section 28 of the Wildlife Amendment Act, 1999, S.B.C. 1999, c. 24, is amended by striking out "Section 111 (2) (b) and (3) (c) is" and substituting "Sections 116 (1) (b) and 117 (c) are".

Commencement

11 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: