Explanatory Notes

Land Act

SECTION 1: [Land Act, section 59] is consequential to the enactment of section 97 (1.1) of the Act by this Bill.

SECTION 2: [Land Act, section 97] expands the minister's capacity under section 97 (1) to delegate the minister's powers or functions under the Act to include delegation to other ministers. If a delegation is made to another minister, that minister is given a limited capacity to subdelegate to his or her ministry's officials, to a government corporation or to the Surveyor General.

SECTION 3: [Land Act, section 105] is consequential to the enactment of section 97 (1.1) of the Act by this Bill.

Ministry of Lands, Parks and Housing Act

SECTION 4: [Ministry of Lands, Parks and Housing Act, section 3] expands the minister's capacity under section 3 (3) to delegate the minister's powers or functions under the Act to include delegation to other ministers. If a delegation is made to another minister, that minister is given a limited capacity to subdelegate to his or her ministry's officials or to a government corporation.

BILL 4 – 2006
AGRICULTURE AND LANDS STATUTES AMENDMENT ACT, 2006

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

Land Act

1 Section 59 (4) of the Land Act, R.S.B.C. 1996, c. 245, is amended by striking out "section 97 (1)" and substituting "section 97 (1) or (1.1)".

2 Section 97 (1) is repealed and the following substituted:

(1) The minister may delegate in writing, on the terms and conditions the minister considers appropriate, the power to act on the minister's behalf respecting any of the minister's powers or functions under this Act to

(a) a public officer in the minister's ministry,

(b) a government corporation as defined in the Financial Administration Act, or

(c) another member of the Executive Council.

(1.1) A member of the Executive Council to whom a minister's delegation is made under subsection (1) (c) may, subject to the terms and conditions specified in the minister's delegation, delegate powers or functions under this Act that are covered by the minister's delegation to

(a) a public officer in the member's ministry, or

(b) a government corporation as defined in the Financial Administration Act.

(1.2) The minister or a member of the Executive Council to whom the minister's delegation is made under subsection (1) (c) may delegate in writing to the Surveyor General, on terms and conditions the minister considers appropriate, the powers to act on the minister's or member's behalf under sections 6 (1) and (2), 52, 53, 58 and 103.

3 Section 105 (c.1) is amended by striking out "to which the minister has delegated a power under section 97 (1)" and substituting "to which a power is delegated under section 97 (1) or (1.1)".

Ministry of Lands, Parks and Housing Act

4 Section 3 (3) of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is repealed and the following substituted:

(3) The minister may delegate in writing, on the terms and conditions the minister considers appropriate, the power to act on the minister's behalf respecting any of the minister's powers or functions under this Act, except those under section 2 (2) or (3), to

(a) a public officer in the minister's ministry,

(b) a government corporation as defined in the Financial Administration Act, or

(c) another member of the Executive Council.

(4) A member of the Executive Council to whom a minister's delegation is made under subsection (3) (c) may, subject to the terms and conditions specified in the minister's delegation, delegate powers or functions under this Act that are covered by the minister's delegation to

(a) a public officer in the member's ministry, or

(b) a government corporation as defined in the Financial Administration Act.

Commencement

5 This Act comes into force on the date of Royal Assent.

Explanatory Notes

Land Act

SECTION 1: [Land Act, section 59] is consequential to the enactment of section 97 (1.1) of the Act by this Bill.

SECTION 2: [Land Act, section 97] expands the minister's capacity under section 97 (1) to delegate the minister's powers or functions under the Act to include delegation to other ministers. If a delegation is made to another minister, that minister is given a limited capacity to subdelegate to his or her ministry's officials, to a government corporation or to the Surveyor General.

SECTION 3: [Land Act, section 105] is consequential to the enactment of section 97 (1.1) of the Act by this Bill.

Ministry of Lands, Parks and Housing Act

SECTION 4: [Ministry of Lands, Parks and Housing Act, section 3] expands the minister's capacity under section 3 (3) to delegate the minister's powers or functions under the Act to include delegation to other ministers. If a delegation is made to another minister, that minister is given a limited capacity to subdelegate to his or her ministry's officials or to a government corporation.