MISCELLANEOUS STATUTES AMENDMENT ACT, 2006 (First Reading)

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BILL
NUMBER

TITLE

DATE
INTRODUCED

MISCELLANEOUS STATUTES AMENDMENT ACT, 2006
(First Reading)

March 23/06

Explanatory Notes

Employee Investment Act
(Ministry of Economic Development)

SECTION 1: [Employee Investment Act, section 10] requires the inclusion of or provision for a corporate governance plan within an employee venture capital plan.

SECTION 2: [Employee Investment Act, section 41.1] provides liability protection for a protected person in relation to the performance of duties and exercise of powers under the Act.

Environmental Management Act
(Ministry of Environment)

SECTION 3: [Environmental Management Act, section 1] amends the definition of "conservation officer" as a consequential amendment to the amendment to section 106 of the Act by this Bill.

SECTION 4: [Environmental Management Act, section 99] adds the refusal to amend a permit, approval or operational certificate to the list of matters that are appealable decisions under the Act.

SECTION 5: [Environmental Management Act, section 106] clarifies the Chief Conservation Officer's authority to designate another member of the Conservation Officer Service to exercise his or her powers and duties under section 106 (3) of the Act.

SECTION 6: [Environmental Management Act, section 107]

repeals subsections (6) and (7), which are moved into a separate section by this Bill;
adds subsection (8) to authorize conservation officers to carry out a search of any real or personal property without a warrant if the conditions for obtaining a warrant are met and exigent circumstances such that delay in carrying out the search would result in danger to humans or the destruction of evidence exist;
adds a definition of "exigent circumstances" for the purposes of subsection (8).

SECTION 7: [Environmental Management Act, sections 107.1 and 108.1]

adds section 107.1, replacing section 107 (6) and (7), repealed by this Bill, to do the following:
- set out the application of Offence Act provisions to things seized by a conservation officer;
- vary the application of section 24 (2) (a) of that Act;
- limit the application of the Offence Act in relation to things seized that the Chief Conservation Officer considers to be pollutants, environmental hazards or to be contaminated with a pollutant;
- clarify the Chief Conservation Officer's authority to designate another member of the Conservation Officer Service to exercise his or her powers and duties under subsection (3);
adds section 108.1 which provides authority for the chief conservation officer to provide certificate evidence in relation to the chief conservation officer's exercise of powers and duties that, in the absence of evidence to the contrary, is proof of the certified statements.

SECTION 8: [Environmental Management Act, section 109] repeals and replaces the section to do the following:

make it consistent with the inspection provisions in other environmental enactments;
expand inspection powers;
add general inspection powers;
add inspection powers in relation to specified persons who have performed functions for the subject of an inspection.

SECTION 9: [Environmental Management Act, section 111]

changes the trigger for the inspection of a motor vehicle to a reasonable belief that the vehicle is being used to transport waste from a reasonable belief that the vehicle is being used to transport hazardous waste;
imposes a requirement on the driver of a vehicle to stop and produce identification to an officer when signalled to do so by a person readily identifiable as a conservation office or a peace officer.

SECTION 10: [Environmental Management Act, section 112] repeals and replaces the section to do the following:

require reasonable grounds for the officer's belief that an offence has been or is being committed;
set out the application of Offence Act provisions to things seized by an officer;
vary the application of section 24 (2) (a) of that Act;
limit the application of that Act in relation to things seized that a director considers to be pollutants, environmental hazards or to be contaminated with a pollutant.

Financial Information Act
(Ministry of Finance)

SECTION 11: [Financial Information Act, Schedule 1] is consequential to the renaming of the Innovation and Science Council Act by this Bill.

Freedom of Information and Protection of Privacy Act
(Ministry of Labour and Citizens' Services)

SECTION 12: [Freedom of Information and Protection of Privacy Act, Schedule 2] is consequential to the renaming of the Innovation and Science Council Act by this Bill.

Greater Vancouver Transportation Authority Act
(Ministry of Transportation)

SECTION 13: [Greater Vancouver Transportation Authority Act, section 34] allows the Lieutenant Governor in Council to exempt, by order, persons from liability for taxation under specified statutes for land or improvements that the person acquires or uses for certain projects and that are described or are of the type characterized in the order.

Human Resource Facility Act
(Ministry of Children and Family Development)

SECTION 14: [Human Resource Facility Act, section 1] adds grants and other financial assistance provided under section 1.2 to the definition of "assistance", and adds services funded under section 1.2 to the definition of "human resource facility".

SECTION 15: [Human Resource Facility Act, section 1.2] permits the minister to provide grants and other financial assistance under a human resource facility agreement to persons who conduct research related to a human resource purpose or provide administrative support services to a human resource operator.

SECTION 16: [Human Resource Facility Act, section 2] provides authority for the Lieutenant Governor in Council to make dispositions of land or structures for purposes under both sections 1.1 and 1.2.

SECTION 17: [Human Resource Facility Act, section 3] corrects cross-references to other provisions of the Act.

Innovation and Science Council Act
(Ministry of Advanced Education)

SECTION 18: [Innovation and Science Council Act, title of Act] changes the title of the Act to reflect the current operating name of the council.

SECTION 19: [Innovation and Science Council Act, section 1] replaces the definition of "council" to reflect the current operating name of the council and repeals the definition of "former Act" consequential to the amendments to sections 7 and 8 of the Act by this Bill.

SECTION 20: [Innovation and Science Council Act, section 2] changes a reference to reflect the current operating name of the council.

SECTION 21: [Innovation and Science Council Act, section 7] replaces the reference with the citation of the former Act consequential to the amendments to section 8 of the Act by this Bill.

SECTION 22: [Innovation and Science Council Act, section 8] updates the section since there are no longer any officers or employees of the council appointed or employed by the secretariat under the former Act.

Integrated Pest Management Act
(Ministry of Environment)

SECTION 23: [Integrated Pest Management Act, section 16] corrects a drafting error.

SECTION 24: [Integrated Pest Management Act, section 17] expands the circumstances in which an inspector may exercise the inspection powers under the section to other inspections authorized by the Act and expands those inspection powers.

SECTION 25: [Integrated Pest Management Act, section 18] clarifies that the warrant authorized by the section is only for inspection purposes.

SECTION 26: [Integrated Pest Management Act, section 19] makes the section consistent with the equivalent section, section 111, of the Environmental Management Act.

SECTION 27: [Integrated Pest Management Act, section 20] makes this section parallel to the equivalent section, section 112, of the Environmental Management Act.

Motor Vehicle Act
(Ministry of Transportation)

SECTION 28: [Motor Vehicle Act, section 205] repeals the statutory requirement for clearance between motor vehicles and the road.

SECTION 29: [Motor Vehicle Act, section 210] allows regulations to be made regarding the requirements for clearance between motor vehicles and the road.

SECTION 30: [Motor Vehicle Act, section 212] specifies that road safety codes or regulations may be adopted as amended.

Protected Areas of British Columbia Act
(Ministry of Environment)

SECTION 31: [Protected Areas of British Columbia Act, Schedule A] adds a description for Ambrose Lake Ecological Reserve and amends the description for Gladys Lake Ecological Reserve.

SECTION 32: [Protected Areas of British Columbia Act, Schedule B] removes the reference to Ambrose Lake Ecological Reserve consequential to that reserve's description being moved to Schedule A by this Bill.

SECTION 33: [Protected Areas of British Columbia Act, Schedule C]

(a) repeals the descriptions of Barkerville Park and Sudeten Park,

(b) repeals the description of Kledo Creek Park,

(d) amends the description of Spatsizi Plateau Wilderness Park, and

(e) amends the description of Strathcona Park.

SECTION 34: [Protected Areas of British Columbia Act, Schedule D]

(a) adds descriptions for Enderby Cliffs Park,

(b) amends the description of Indian Arm Park, and

Small Business Venture Capital Act
(Ministry of Economic Development)

SECTION 35: [Small Business Venture Capital Act, section 14] removes the prohibition on a venture capital corporation making or holding an investment in a small business as long as no major shareholder of the venture capital corporation is or was at the relevant time in a specified relationship with the small business.

SECTION 36: [Small Business Venture Capital Act, section 15] provides for aggregate limits on venture capital corporation investment in a small business

to be set by regulation;
to be a separate limit for each venture capital corporation and for all venture capital corporations collectively, with a period for the collective limit specified in the regulations.

SECTION 37: [Small Business Venture Capital Act, section 28.1] excludes venture capital corporations from the meaning of "eligible investor" to prevent venture capital corporations from claiming an eligible business corporation tax credit.

SECTION 38: [Small Business Venture Capital Act, section 28.3] removes the requirement that additional equity capital of an eligible business corporation consist of equity shares that are without par value.

SECTION 39: [Small Business Venture Capital Act, section 28.6] authorizes the administrator to suspend or revoke the registration of an eligible business corporation if, in the opinion of the administrator, the corporation has not raised any additional equity capital within 2 years of its registration.

SECTION 40: [Small Business Venture Capital Act, section 28.9] authorizes the administrator to reduce, on account of investment losses, the amount payable to the Minister of Finance by an eligible business corporation that requests its registration be cancelled.

SECTION 41: [Small Business Venture Capital Act, section 28.91]

if an eligible business corporation redeems, acquires or cancels a share for which a tax credit certificate was issued, makes that corporation (rather than the person who previously held the redeemed, acquired or cancelled share) liable to pay an amount equal to the tax credit and interest on the amount owing;
authorizes the administrator to reduce, on account of investment losses, the amount payable under this section of the Act.

Transportation Act
(Ministry of Transportation)

SECTION 42: [Transportation Act, section 8] amends subsection (2) of the section to allow the minister to exercise the powers referred to in subsection (1) for purposes related to an improvement or other work of public utility, whether or not the purpose relates to transportation.

SECTION 43: [Transportation Act, section 86] amends the section to include employees and agents of the government as those protected from liability, and specifies the sections under which persons may be authorized to commit acts or omissions that may lead to loss or damage.

University Act
(Ministry of Advanced Education)

SECTION 44: [University Act, section 20]

(a) sets 3 year terms of office for elected board members as specified and allows board members appointed by the Lieutenant Governor in Council to hold office for terms of up to 3 years, and

(b) corrects a cross-reference error and clarifies the term of office for students elected to a university board.

SECTION 45: [University Act, section 23] removes Canadian citizenship and residency requirements for university board members so that international students, faculty members and employees may participate in university governance.

SECTION 46: [University Act, section 36] clarifies the term of office for students elected to the Vancouver and Okanagan senates of the University of British Columbia.

SECTION 47: [Transitional -- Employee Investment Act] provides a time frame for the alteration of existing employee venture capital plans to include or make provision for a corporate governance plan.

SECTION 48: [Validation -- Greater Vancouver Transportation Authority Act] confirms and validates Order in Council 418/2005, made under section 34 (3) of the Greater Vancouver Transportation Authority Act.

BILL 15 – 2006
MISCELLANEOUS 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:

Employee Investment Act

1 Section 10 (1) of the Employee Investment Act, R.S.B.C. 1996, c. 112, is amended by adding the following paragraph:

(n.1) a corporate governance plan that includes

(i) any prescribed governance policies and practices, and

(ii) any other governance policies and practices established by the corporation; .

2 The following section is added:

Liability protection

41.1 (1) In this section, "protected person" means any of the following:

(a) the government;

(b) an employee, agent or minister of the government;

(d) a person designated or appointed under this Act by the administrator;

(e) a person acting on behalf of or under the direction of the administrator.

(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected person because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(3) Subsection (2) does not apply to a protected person in relation to anything done or omitted by that person in bad faith.

Environmental Management Act

3 Section 1 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended in the definition of "conservation officer" by striking out "section 106 (3) (d)" and substituting "section 106 (3) (b) (iv)".

4 Section 99 (d) is amended by striking out "refusing or cancelling a permit," and substituting "refusing, cancelling or refusing to amend a permit,".

5 Section 106 is amended

(a) in subsection (2) by striking out "under subsection (3) (a)." and substituting "under subsection (3) (b) (i)." , and

(b) by repealing subsection (3) and substituting the following:

(3) Subject to the direction of the minister,

(a) the chief conservation officer has general supervision over the Conservation Officer Service, and

(b) the chief conservation officer, or a member of the Conservation Officer Service designated by the chief conservation officer for the purpose, may do all the following:

(i) designate persons employed in the ministry, each of whom the chief conservation officer considers suitable, as members of the Conservation Officer Service;

(ii) designate persons, or a class of persons, employed in the ministry as auxiliary conservation officers;

(iii) designate persons, or a class of persons, as special conservation officers;

(iv) impose and confer on an auxiliary or a special conservation officer, or on a class of auxiliary or special conservation officers, any of the duties imposed and powers conferred on a member of the Conservation Officer Service under this Act or another enactment;

(v) establish standards and procedures, including, but not limited to, establishing training and retraining standards and specifying operational procedures for the efficient discharge of duties and functions by the Conservation Officer Service and its members;

(vi) specify equipment, including, but not limited to, uniform apparel, vehicles and firearms to be used by members of the Conservation Officer Service;

(vii) establish rules for the prevention of neglect and abuse by members of the Conservation Officer Service.

6 Section 107 is amended

(a) by repealing subsections (6) and (7), and

(b) by adding the following subsections:

(8) Despite subsection (2), a member of the Conservation Officer Service may

(a) search real or personal property, including premises or a part of premises occupied solely as a private residence, and

(b) seize and remove anything that the member has reasonable or probable grounds for believing may provide evidence of the commission of an offence under an enactment referred to in section 106 (5) (b),

without a warrant, if the conditions for obtaining a warrant exist but because of exigent circumstances it is not practicable to obtain the warrant.

(9) For the purposes of subsection (8), "exigent circumstances" means circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

7 The following sections are added to Division 1 of Part 9:

Disposition of items seized by a conservation officer

107.1 (1) The forms referred to in section 21 of the Offence Act, and sections 22 to 24.2 of that Act, apply to a warrant under section 107 (2) of this Act, and to a search and anything seized by a conservation officer under section 107 (2) or (8) or 112 (1) of this Act.

(2) If, under section 24 (2) (a) of the Offence Act, a justice orders that something referred to in subsection (1) of this section be detained, despite section 24 (3) of the Offence Act, the thing may be detained for up to one year before an order under section 24 (5) of that Act, authorizing its continued detention, is required.

(3) Despite subsections (1) and (2) or anything to the contrary in the enactment authorizing the inspection, if the chief conservation officer, or a member of the Conservation Officer Service designated by the chief conservation officer for the purpose, considers anything seized in a search under section 107 (2) or (8) or in an inspection under an enactment referred to in section 106 (5) (b)

(a) to be a pollutant or an environmental hazard, it must not be returned and the person claiming it is not entitled to compensation, or

(b) to be contaminated by a pollutant, it must not be returned unless it is decontaminated at the expense of the person entitled to it.

Certificate evidence of the chief conservation officer

108.1 A certificate purporting to have been signed by the chief conservation officer certifying

(a) the manner and content of an exercise of the chief conservation officer's powers under section 106 (3),

(b) a decision of the chief conservation officer under section 107.1 (3), or

(c) the content of an agreement the chief conservation officer has entered into under section 135 [interagency agreements],

is admissible in a proceeding in relation to, or in a prosecution under, an enactment referred to in section 106 (5) (b) without proof of the signature or official character of the person appearing to have signed the certificate and is proof of the certified matters.

8 Section 109 is repealed and the following substituted:

Inspections

109 (1) For the purposes of ensuring compliance with this Act and the regulations, an officer may enter land or premises, except premises or a part of premises occupied solely as a private residence, at any reasonable time and inspect any process, works or activity that

(a) produces or is capable of producing waste,

(b) causes or is capable of causing pollution, or

(2) An officer may exercise powers under this section in respect of premises used as a private residence only

(a) with the consent of the occupant, or

(b) under the authority of a warrant under subsection (3) or another enactment.

(3) If satisfied by evidence on oath that access to premises or a part of premises, used solely as a private residence, is necessary for the purposes of this Act, a justice may issue a warrant authorizing a person named in the warrant to enter the premises and conduct an inspection.

(4) An officer who enters on land or premises under subsection (1), with consent under subsection (2) or under a warrant under subsection (3), may do any of the following:

(a) inspect, analyze, measure, sample or test land, and any article, substance or waste located on or in the land, and premises to ascertain

(i) whether pollution is present,

(ii) the quantity of waste produced, treated, stored, handled, transported or discharged, or

(iii) the characteristics of waste produced, treated, stored, handled, transported or discharged;

(b) take away samples of land, articles, substances or waste;

(i) the production, treatment, storage, handling, transportation and discharge of waste, and

(ii) the characteristics of the waste produced, treated, stored, handled, transported or discharged;

(d) require that anything related to the production, treatment, storage, handling, transportation or discharge of waste be operated, used or set in motion under conditions specified by the officer;

(e) use a computer system at the place that is being inspected to examine data, contained in or available to the computer system, related to the production, treatment, storage, handling, transportation or discharge of waste;

(f) record or copy by any method any information related to the production, treatment, storage, handling, transportation or discharge of waste;

(g) use any machine, structure, material or equipment in the place that is being inspected as is necessary to carry out the inspection;

(h) use copying equipment located at the place that is being inspected to make copies to take away;

(i) take photographs or make audio or video records.

(5) An officer who enters land or premises in accordance with this section

(a) may take with him or her the persons and equipment that may be necessary for the purposes of the inspection, and

(b) on request, must provide proof of identity to a person present on the land or premises entered.

(6) A person who is or was a director, receiver, receiver manager, officer, employee, banker, auditor or agent of a person who is the subject of an inspection under this section must, on request of the inspecting officer,

(a) produce, without charge or unreasonable delay, for examination by the inspecting officer

(i) any approval, licence, order, permit or waste management plan related to waste produced, treated, stored, handled, transported or discharged on or from the land or premises, and

(ii) any other record that touches on any matter relating to the production, treatment, storage, handling, transport or discharge of waste on or from the land or premises, and

(b) provide the inspecting officer with information relevant to the purposes of the inspection.

9 Section 111 (2) and (3) is repealed and the following substituted:

(2) For the purposes of ensuring compliance with this Act or the regulations, including with a permit, licence, order, waste management plan or approval, if an officer has reasonable grounds for believing that a vehicle is being used for the transportation or handling of waste, the officer may, at any reasonable time,

(a) require a person operating the vehicle to stop the vehicle and provide identification, and

(b) carry out an inspection in accordance with this section.

(2.1) When requested or signalled to do so by an officer who is readily identifiable as a conservation officer, or as a peace officer as defined in the Motor Vehicle Act, the operator of a motor vehicle must immediately

(a) stop the vehicle, and

(b) provide identification and the information that the officer or peace officer considers necessary to determine whether this Act and the regulations are being complied with.

(2.2) For the purposes of carrying out an inspection under this section, an officer may

(a) require that any compartment of the vehicle or any container in or on the vehicle be opened, and

(b) exercise any of the powers under section 109 (4) [inspections].

(3) If, as a result of an inspection or a test carried out under this section, it appears to the officer that the vehicle is transporting hazardous waste in a manner that creates a risk of harm to the public or the environment, the officer may require the driver to drive the vehicle to a place the officer specifies and the officer may do one or more of the following:

(a) order one or more of the following persons to deal with the hazardous waste in accordance with the officer's directions:

(i) the owner of the hazardous waste;

(ii) the person operating the vehicle;

(iii) the owner of the vehicle;

(b) seize and, in accordance with the regulations, dispose of

(i) the hazardous waste, and

(ii) any package or container holding the hazardous waste;

(c) detain the vehicle for any period that the officer considers necessary in order to exercise his or her powers under paragraphs (a) and (b).

10 Section 112 is repealed and the following substituted:

Seizures and prevention orders

112 (1) If an officer concludes in the course of an inspection under this Act that the officer has reasonable grounds to believe that a person has contravened or is contravening this Act or the regulations, the officer may

(a) order a person to do anything the officer considers necessary to stop the contravention or prevent another contravention, and

(b) seize anything validly inspected by the officer that the officer believes on reasonable grounds

(i) was used or is being used in the contravention, or

(ii) will afford evidence of the contravention.

(2) Sections 23 (4) and 24 to 24.2 of the Offence Act apply in respect of anything seized under subsection (1) of this section and, for the purposes of section 23 (4) of the Offence Act, an officer is deemed to be a peace officer.

(3) If, under section 24 (2) (a) of the Offence Act, a justice orders that something referred to in subsection (2) of this section be detained, despite section 24 (3) of the Offence Act, the thing may be detained for up to one year before an order under section 24 (5) of that Act, authorizing its continued detention, is required.

(4) If a director considers that a thing seized in an inspection or, despite subsections (2) and (3), under subsection (1), is

(a) a pollutant or an environmental hazard, it must not be returned, or

(b) contaminated by a pollutant, it must not be returned unless it is decontaminated at the expense of the person entitled to it.

(5) Compensation is not payable by the government in respect of anything lawfully seized, detained or destroyed under this Act.

(6) Sections 23 to 24.2 of the Offence Act do not apply in relation to anything taken in the course of an inspection under section 109 or 111 of this Act unless subsection (1) of this section applies.

Financial Information Act

11 Schedule 1 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out "Innovation and Science Council Act" and substituting "British Columbia Innovation Council Act".

Freedom of Information and Protection of Privacy Act

12 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:

	Public Body:	Innovation and Science Council of British Columbia
	Head:	Minister of Advanced Education

and substituting the following:

	Public Body:	British Columbia Innovation Council
	Head:	Minister of Advanced Education and Minister Responsible for Research and Technology .

Greater Vancouver Transportation Authority Act

13 Section 34 (3) of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended

(a) by striking out "the Lieutenant Governor in Council designates in the order as owned or used by that person for the purpose of the construction, acquisition or operation of", and

(b) by repealing paragraphs (a) to (c) and substituting the following:

(a) the person acquires or uses for the purpose of the construction, acquisition or operation of

(i) the Rapid Transit Project,

(ii) another rail transportation system, or

(iii) a designated project, and

(b) are described or are of a type characterized in the order.

Human Resource Facility Act

14 Section 1 of the Human Resource Facility Act, R.S.B.C. 1996, c. 209, is amended

(a) in the definition of "assistance" by striking out "or 2;" and substituting ", 1.2 or 2;", and

(b) in the definition of "human resource facility" by striking out "section 1.1," and substituting "section 1.1 or 1.2,".

15 The following section is added:

Financial assistance -- research and administrative support services

1.2 (1) In this section, "human resource operator" means a person who operates a facility for a human resource purpose.

(2) In addition to assistance provided under section 1.1, the minister may, out of money appropriated by the Legislature and subject to the regulations, provide a grant or other assistance to a person for the purpose of acquiring, developing or operating facilities by means of a human resource facility agreement if the person, to the extent specified by the minister in the human resource facility agreement,

(a) conducts research related to a human resource purpose, or

(b) provides administrative support services under contract to a human resource operator.

16 Section 2 is amended by striking out "section 1.1." and substituting "section 1.1 or 1.2.".

17 Section 3 (2) is amended

(a) in paragraph (a) by striking out "section 2.1 (1)" and substituting "section 1", and

(b) in paragraph (d) by striking out "section 1 (e)" and substituting "section 1.1 (e)".

Innovation and Science Council Act

18 The title of the Innovation and Science Council Act, R.S.B.C. 1996, c. 415, is repealed and the following substituted:

BRITISH COLUMBIA INNOVATION COUNCIL ACT .

19 Section 1 is amended by repealing the definitions of "council" and "former Act" and substituting the following:

"council" means the British Columbia Innovation Council continued under this Act; .

20 Section 2 (1) is amended by striking out "Innovation and Science Council of British Columbia" and substituting "British Columbia Innovation Council".

21 Section 7 is amended by striking out "former Act" and substituting "Science Council Act, R.S.B.C. 1979, c. 379,".

22 Section 8 is repealed and the following substituted:

Public service seniority

8 An officer or employee of the council who elects or has elected to be a public service employee under the Public Service Act, within 12 months after appointment or employment by the council, retains service seniority in the public service for the period of office or employment with the council.

Integrated Pest Management Act

23 Section 16 (2) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is amended by striking out "unreasonable adverse affect." and substituting "unreasonable adverse effect."

24 Section 17 is amended

(a) in subsection (2) by striking out everything before paragraph (a) and substituting "An inspector who enters land or premises under subsection (1), with consent under section 18 (1) or with a warrant under section 18 (2) may do any of the following:",

(b) in subsection (2) by repealing paragraphs (f) and (g) and substituting the following:

(f) for the purposes of paragraphs (a) and (e), take away a sample of anything;

(g) require that anything related to the use, manner of application, storage, sale, transport or disposal of a pesticide be operated, used or set in motion under conditions specified by the inspector;

(h) use a computer system at the place that is being inspected to examine data related to the use, manner of application, storage, sale, transport or disposal of a pesticide contained in or available to the computer system;

(i) record or copy any information related to the use, manner of application, storage, sale, transport or disposal of a pesticide by any method;

(j) use a machine, a structure, material or equipment in the place that is being inspected as is necessary to carry out the inspection;

(k) use copying equipment located at the place that is being inspected to make copies to take away;

(l) take photographs or make audio or video records. , and

(c) by repealing subsection (4) and substituting the following:

(4) A person who is or was a director, receiver, receiver manager, officer, employee, banker, auditor or agent of a person who is the subject of an inspection under this section must, on the request of the inspector,

(a) produce, without charge or unreasonable delay, for examination by the inspector

(i) any licence, certificate, permit, pest management plan, confirmation or record of pesticide use or sale, and

(ii) any other record that touches on any matter relating to the use, handling, transporting, storage, disposal, purchase or sale of pesticides by the person who is the subject of the inspection, and

(b) provide the inspector with information relevant to the purposes of the inspection.

25 Section 18 (2) is amended by striking out "or take any other action as authorized in the warrant".

26 Section 19 is amended

(a) in subsection (2) (a) by striking out "stop the vehicle," and substituting "stop the vehicle and provide identification," ,

(b) by repealing subsection (3) and substituting the following:

(3) When requested or signalled to do so by an inspector who is readily identifiable as a conservation officer, the operator of a motor vehicle must immediately

(a) stop the vehicle, and

(b) provide identification and the information that the inspector considers necessary to determine whether this Act and the regulations are being complied with. , and

(c) in subsection (4) (a) by striking out "request" and substituting "require".

27 Section 20 is amended

(a) by repealing subsections (1) to (3) and substituting the following:

(1) If an inspector concludes in the course of an inspection under this Act that the inspector has reasonable grounds to believe that a person has contravened or is contravening this Act or the regulations, the inspector may

(a) order a person to do anything the inspector considers necessary to stop the contravention or prevent another contravention, and

(b) seize anything validly inspected by the inspector that the inspector believes on reasonable grounds

(i) was used or is being used in the contravention, or

(ii) will afford evidence of the contravention.

(3) If, under section 24 (2) (a) of the Offence Act, a justice orders that something referred to in subsection (2) of this section be detained, despite section 24 (3) of the Offence Act, the thing may be detained for up to one year before an order under section 24 (5) of that Act, authorizing its continued detention, is required. ,

(b) in subsection (4) by striking out "Despite section 24.2 of the Offence Act," and substituting "Despite subsections (2) and (3),", and

(c) by adding the following subsection:

(8) Sections 23 to 24.2 of the Offence Act do not apply in relation to anything taken in the course of an inspection under section 17, 18 or 19 of this Act unless subsection (1) of this section applies.

Motor Vehicle Act

28 Section 205 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed.

29 Section 210 (2) is amended by adding the following paragraph:

(t) establishing the minimum clearance from the surface of a level roadway that is required of a vehicle, or of a part of a vehicle, operated on a highway.

30 Section 212 (4) (a) is amended by striking out "any or all of the provisions of any code or regulation respecting road safety" and substituting "any or all of the provisions of any code or regulation respecting road safety as they may be amended from time to time before or after the making of the regulation,".

Protected Areas of British Columbia Act

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

(a) by adding the following description:

AMBROSE LAKE ECOLOGICAL RESERVE

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 13 Tube 1961.

The whole ecological reserve containing approximately 295 hectares. , and

(b) by repealing the description of Gladys Lake Ecological Reserve and substituting the following:

GLADYS LAKE ECOLOGICAL RESERVE

The whole ecological reserve containing approximately 40 541 hectares.

32 Schedule B is amended by striking out "Ambrose Lake Ecological Reserve, established by Order in Council 2817/71".

33 Schedule C is amended

(a) by repealing the descriptions of Barkerville Park and Sudeten Park,

(b) by repealing the description of Kledo Creek Park,

(c) 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 the Ministry of Transportation Regional Office, New Westminster, and preliminary Land Title Office plan from Bunbury & Associates land surveyor file W-3286-2 and on deposit in Victoria, Ministry of Environment.

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 7665, 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 the 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 86 hectares. ,

(d) by repealing the description of Spatsizi Plateau Wilderness Park and substituting the following:

SPATSIZI PLATEAU WILDERNESS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 1962; except (1) Mineral Claim "Al 5" 221994; (2) Mineral Claim "Al 6" 221995; (3) Mineral Claim "Bull" 222123; (4) Mineral Claim "Hyuk 1 Fr" 222360; (5) Mineral Claim "Hyuk 3 Fr" 222362; (6) Mineral Claim "A1 42" 302923; (7) Mining Lease 314708; (8) Coal Lease "12" 389292; (9) any land that was subject to forfeited Mining Lease 306619; (10) any land over which the following forfeited mineral claims were located: Mineral Claim "A1 1" 221814, Mineral Claim "A1 7" 222088, Mineral Claim "A1 8" 222089, Mineral Claim "Metsantan #2" 238253, Mineral Claim "Surprise" 238476, Mineral Claim "Wankle" 238473, Mineral Claim "Mets 4" 311918, Mineral Claim "Met 8" 340458, Mineral Claim "New 2" 357276, Mineral Claim "Mets 5" 357277, and Mineral Claim "Met 1" 360359; and (11) Gladys Lake Ecological Reserve as shown on the Official Plan deposited in the Crown Land Registry as Plan 14 Tube 1961.

The whole park containing approximately 698 659 hectares. , and

(e) by repealing the description of Strathcona Park and substituting the following:

STRATHCONA PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Clayoquot, Comox, Nelson, Nootka and Sayward Districts and contained within the following described boundaries:

Firstly: Commencing at the northwest corner of District Lot 660, Nootka District, being a point on the height of land and the 50th parallel north;

thence southerly following the height of land through Mount Evelyn along the westerly boundaries of District Lots 660, 661, 672, and 673 to the northwest corner of District Lot 674:

thence southerly and easterly along the westerly and southerly boundaries of District Lot 674 to the northwest corner of District Lot 684, being also the summit of Mount Flannigan:

thence southerly along the westerly boundary of District Lot 684 to the southwest corner of District Lot 684, Nootka District, being a point on the westerly boundary of the Esquimalt and Nanaimo Land Grant and the northerly boundary of Comox District;

thence westerly along the northerly boundary of Comox District to the northeast corner of Lot A of Block 1336, Comox District, being an unregistered plan as surveyed by Colin Burridge on December 2, 2004:

thence southwesterly along the southeasterly boundary of Lot A to the westerly boundary of the Esquimalt and Nanaimo Land Grant as shown on Plan 4 Tube 41 and being also the easterly boundary of Nootka District;

thence southeasterly along the westerly boundary of the Esquimalt and Nanaimo Land Grant to the most northerly corner of District Lot 677, Nootka District;

thence southerly, southeasterly and northeasterly along the westerly, southwesterly and southeasterly boundaries of District Lot 677 to the westerly boundary of the Esquimalt and Nanaimo Land Grant;

thence southeasterly along the westerly boundary of the Esquimalt and Nanaimo Land Grant to the northeast corner of District Lot 2156, Clayoquot District;

thence westerly, southerly, southwesterly, southerly and westerly along the northerly, westerly, northwesterly, westerly and northerly boundaries of District Lot 2156 to the most easterly, northeast corner of District Lot 2155;

thence westerly, northerly, westerly, northwesterly, southerly, southeasterly and southwesterly along the northerly, easterly, northerly, northeasterly and westerly boundaries of District Lot 2155 to the southerly, southwest corner of District Lot 2155, being a point on the easterly boundary of the watershed of Drinkwater Creek;

thence southwesterly along the southeasterly boundary of the watershed of Drinkwater Creek to UTM North 5473973 metres, more or less, East 325536 metres;

thence on a bearing of 240° a distance of 1.25 kilometres, more or less, to the southwesterly natural boundary of Great Central Lake;

thence due West a distance of 164 metres, more or less, to a point on a line lying 20 metres perpendicularly distant from the centreline of Forest Road, Permit R-07663;

thence westerly and southwesterly along a line 20 metres perpendicularly distant from the centreline of Forest Road, Permit R-07663 to UTM North 5472316 metres, more or less, East 322204 metres;

thence on a bearing of 290° a distance of 990 metres, more or less, to the southwesterly watershed of McBride Creek;

thence in a general northwesterly direction along the southwesterly boundary of the watershed of McBride Creek to UTM North 5476561 metres, more or less, East 310523;

thence due West to the easterly boundary of the watershed of Cotter Creek;

thence northerly, westerly and southwesterly along the easterly, northerly and northwesterly boundaries of the watershed of Cotter Creek to a point due North of District Lot 1935, Clayoquot District, being "Creek Mineral Claim";

thence due South to a point lying due East of the southwest corner of Strathcona Park as shown on Field Book 301/59, Clayoquot District;

thence due West to the southwest corner of Strathcona Park;

thence due North to the southerly boundary of the watershed of Shelter Creek;

thence westerly and northwesterly along the southerly and southwesterly boundaries of the watershed of Shelter Creek and continuing westerly along the southerly boundary of the watershed of an unnamed creek flowing westerly into Shelter Inlet to UTM North 5481380 metres, more or less, East 280143 metres;

thence southeasterly on a bearing of 155° 30' a distance of 2.045 kilometres;

thence southwesterly in a straight line to a point lying 1.0 kilometre due South and 650 metres, more or less, due East from the most northerly, northwest corner of District Lot 663, being the most easterly corner of Sulphur Passage Park;

thence northwesterly in a straight line along the northerly boundary of Sulphur Passage Park to Belcher Point;

thence northwesterly in a straight line along the northeasterly boundary of Sulphur Passage Park to a point being the intersection of a line 300 metres perpendicularly distant from the natural boundary of Shelter Inlet with the southwesterly boundary of the watershed of Megin River;

thence in general southwesterly, northwesterly and easterly directions along the southwesterly and northerly boundaries of the watershed of Megin River to the westerly boundary of Strathcona Park as shown on Plan 1 Tube 170;

thence due North to the northeasterly boundary of the watershed of Pamela Creek;

thence northwesterly along the northeasterly boundary of the watershed of Pamela Creek to a point lying due South of the westerly outlet of Kunlin Lake;

thence due North a distance of 2.85 kilometres, more or less, to the southeasterly boundary of an unnamed creek flowing into a southerly flowing tributary of Ucona River;

thence northeasterly along the southeasterly boundary of said unnamed creek to the northerly boundary of the watershed of Ucona River, being also the southerly boundary of White Ridge Park, and continuing along the northerly boundary of the watershed of Ucona River to a point lying due South of Post 10M+79.5CH as shown on Plan 1 Tube 146, being a survey of the West boundary of Strathcona Park;

thence due North passing through Post 10M+79.5CH to the southerly boundary of District Lot 181, Nootka District;

thence easterly, northerly, easterly, northerly and westerly along the southerly, easterly and northerly boundaries of District Lot 181 to the easterly boundary of District Lot 678, Nootka District;

thence northerly along the easterly boundary of District Lot 678 to the northeast corner of District Lot 678, being a point on the easterly boundary of the watershed of Heber River;

thence northerly along the easterly boundary of the watershed of Heber River to the summit of Mount Judson and continuing northwesterly along the northeasterly boundaries of the watersheds of Heber River and Horseshoe Creek to the summit of Mount Horseshoe;

thence southwesterly in a straight line on a bearing of 257° a distance of 4.3 kilometres;

thence northwesterly in a straight line on a bearing of 350° a distance of 3 kilometres, more or less, to the easterly boundary of the watershed of Elbow Creek;

thence northerly along the easterly boundary of the watershed of Elbow Creek to the northerly boundary of the watershed of Gold River;

thence easterly and southerly along the northerly and easterly boundaries of the watershed of Gold River to the northerly boundary of Strathcona Park as shown on Plan 1 Tube 146, being also a point on the Nootka-Sayward District boundary;

thence easterly in a straight line along the northerly boundary of Strathcona Park as shown on Plan 1 Tube 146 to the northwest corner of District Lot 660, Nootka District, being the point of commencement;

save and except thereout: (1) Strathcona-Myra Park as described in Order in Council 1418/1990; (2) Gold River Highway No. 28; (3)the 30 metre road within Gold River drainage shown on plan titled "Elimination from Kyuquot Forest 920-3-12 dated October 16, 1980 with Ministry of Forests; (4) the Ash River Private Forest Road; (5) Moyehai Indian Reserve No. 23; (6) Watta Indian Reserve No. 25; (7) Wappook Indian Reserve No. 26.

Secondly: in Comox District, at the North end of Buttle Lake:

(1) Blocks 122 to 126 (inclusive);

(2) Block 1012;

(3) Lots 1 to 9 (inclusive) of Block 121, Plan 13634 except the Statutory Right of Way Plan over part of Lot 1 shown on Plan VIP80052;

(4) Lot A, Block 121, Plan VIP72195, except Buttle Lake Bridge approaches as shown on Ministry of Trans-portation Drawing 64-04-01 dated December 8, 1983;

(5) Lot A, Blocks 121, 127 and 1275, Comox District, Plan VIP78554.

Thirdly: in Comox and Nelson Districts in Forbidden Plateau Area:

(1) Lot A, Blocks 1109, 1356 and 1467 in Comox District, Plan VIP 71655;

(2) Block 1465, Plan 41883, Comox District;

(3) District Lots 254 and 255, Comox District;

(4) Block 1348, Comox and Nelson Districts except the most easterly 935 metres thereof.

The whole park containing approximately 245 848 hectares.

34 Schedule D is amended

(a) by adding the following description:

ENDERBY CLIFFS PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kamloops Division, Yale District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 5 Tube 1962; except a 100 metre by 100 metre parcel centred on the TM Mobile Inc. communication site, Licence 336024, on British Columbia Assets and Land Corporation file 03407670.

The whole park containing approximately 2 246 hectares. ,

(b) in the description of Indian Arm Park by striking out "6 822 hectares" and substituting "6 849 hectares", and

(c) by adding the following descriptions:

KISKATINAW RIVER PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Peace River District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 7 Tube 1961; except the Crown lands that are the subject of Petroleum and Natural Gas tenures 10410 and 7665.

The whole park containing approximately 154 hectares.

KLIN-SE-ZA PARK

The whole park containing approximately 2 689 hectares.

SIKANNI CHIEF CANYON PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Peace River District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1961; except the Crown lands that are the subject of Petroleum and Natural Gas tenures 8723, 45095 and 13753.

The whole park containing approximately 4 641 hectares.

Small Business Venture Capital Act

35 Section 14 (1) of the Small Business Venture Capital Act, R.S.B.C. 1996, c. 429, is amended by striking out "person" and substituting "major shareholder".

36 Section 15 (1) is repealed and the following substituted:

(1) A venture capital corporation must not make an investment in a small business if, as a result of that investment, the aggregate of all amounts received by that small business, and any affiliates of that small business,

(a) from the venture capital corporation, directly or indirectly, would be greater than the prescribed amount, or

(b) from the venture capital corporation and any other venture capital corporation or corporations, directly or indirectly, would be greater than the prescribed amount for the prescribed period.

37 Section 28.1 is amended in paragraph (a) of the definition of "eligible investor" by striking out "applies," and substituting "applies, except a venture capital corporation,".

38 Section 28.3 (1) (a) is repealed.

39 Section 28.6 (1) is amended by striking out "or" at the end of paragraph (d), by adding ", or" at the end of paragraph (e) and by adding the following paragraph:

(f) has not raised any additional equity capital within 2 years of the eligible business corporation's registration under section 28.2.

40 Section 28.9 is amended by adding the following subsection:

(3) If the administrator considers that an eligible business corporation that makes the request under subsection (1)

(a) has conducted its business and affairs in a manner consistent with this Act, and

(b) has incurred investment losses,

the administrator may reduce the amount that would otherwise be payable under subsection (1) in order to take the investment losses into account.

41 Section 28.91 is amended

(a) in subsection (1) by striking out "the person who held the share immediately before the redemption, acquisition or cancellation" and substituting "the eligible business corporation",

(b) in subsection (2) by striking out "persons" and substituting "eligible business corporations", and

(c) by adding the following subsection:

(4) If the administrator considers that an eligible business corporation

(a) has conducted its business and affairs in a manner consistent with this Act, and

(b) has incurred investment losses,

the administrator may reduce the amount that would otherwise be payable under this section in order to take the investment losses into account.

Transportation Act

42 Section 8 (2) (a) of the Transportation Act, S.B.C. 2004, c. 44, is amended by striking out "provincial public undertaking," and substituting "any improvement or other work of public utility, including, without limitation, improvements or works referred to in paragraphs (a) to (d) of the definition of "provincial public undertaking" in section 1,".

43 Section 86 (1) is amended

(a) by striking out "the government or the minister" and substituting "the government or any employee or minister of the government",

(b) in paragraph (a) by striking out "or",

(c) in paragraph (b) by striking out "of the minister." and substituting "of the minister under section 49, 51 or 62, or", and

(d) by adding the following paragraph:

University Act

44 Section 20 of the University Act, R.S.B.C. 1996, c. 468, is amended

(a) by repealing subsection (1) and substituting the following:

(1) Each member of the board elected under section 19 (1) (c) and (f) and (2) (c), (d), (h) and (i) holds office for 3 years and after that until a successor is elected.

(1.1) Each member of the board appointed under section 19 (1) (d) and (2) (e) holds office for a term of up to 3 years and after that until a successor is appointed. , and

(b) in subsection (2) by striking out "section 19 (e)" and substituting "section 19 (1) (e) or (2) (f) or (g)".

45 Section 23 (1) (c) is repealed.

46 Section 36 is amended

(a) in subsections (1) and (2) by striking out "section 35 (2) (h)" and substituting "section 35 (2) (h) or 35.1 (2) (h) or (3) (h)", and

(b) in subsection (3) by striking out "section 35" in both places and substituting "section 35 or 35.1".

Transitional and Validation Provisions

Transitional -- Employee Investment Act

47 If an employee venture capital plan is validly registered under the Employee Investment Act on the date that this section comes into force, section 10 (1) (n.1) of that Act applies to the plan on and after January 1, 2007.

Validation -- Greater Vancouver Transportation Authority Act

48 Order in Council 418/2005 is confirmed and validated, effective on March 30, 2005, and the designations made by section 3 of that Order are to be read as descriptions of land and improvements acquired or used for the purposes of section 34 (3) of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, as amended by this Act.

Commencement

49 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:

Item	Column 1 Provisions of Act	Column 2 Commencement
1	Anything not elsewhere covered by this table	The date of Royal Assent
2	Section 13	March 30, 2005
3	Sections 28 and 29	By regulation of the Lieutenant Governor in Council
4	Section 33 (a) and (e)	By regulation of the Lieutenant Governor in Council
5	Section 43	December 31, 2004
6	Section 48	March 30, 2005