BILL 35 – 2007
MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2007

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

 
Coastal Forest Industry Dispute Settlement Act

1 The Coastal Forest Industry Dispute Settlement Act, S.B.C. 2003, c. 103, is amended by adding the following section:

Repeal

12 This Act may be repealed by regulation of the Lieutenant Governor in Council.

 
Community Charter

2 Section 165 of the Community Charter, S.B.C. 2003, c. 26, is amended by adding the following subsection:

(3.1) The financial plan must set out the objectives and policies of the municipality for the planning period in relation to the following:

(a) for each of the funding sources described in subsection (7), the proportion of total revenue that is proposed to come from that funding source;

(b) the distribution of property value taxes among the property classes that may be subject to the taxes;

(c) the use of permissive tax exemptions.

3 Section 197 is amended by adding the following subsection:

(3.1) In relation to tax rates established for the purposes of subsection (1) (a), before adopting the bylaw, the council must consider the tax rates proposed for each property class in conjunction with the objectives and policies set out under section 165 (3.1) (b) [property value tax distribution] in its financial plan.

4 Section 226 is repealed and the following substituted:

Revitalization tax exemptions

226 (1) In this section:

"exemption agreement" means an agreement under subsection (7);

"exemption certificate" means a revitalization tax exemption certificate issued under subsection (8);

"revitalization program bylaw" means a bylaw under subsection (4).

(2) A council may, for the purpose of encouraging revitalization in the municipality, provide tax exemptions for land or improvements, or both, in accordance with this section.

(3) For a revitalization tax exemption under this section to apply to a particular property,

(a) the exemption must be in accordance with a revitalization program bylaw under subsection (4),

(b) an exemption agreement under subsection (7) must apply to the property, and

(c) an exemption certificate for the property must have been issued under subsection (8).

(4) A revitalization tax exemption program must be established by a bylaw that includes the following:

(a) a description of the reasons for and the objectives of the program;

(b) a description of how the program is intended to accomplish the objectives;

(c) a description of the kinds of property, or related activities or circumstances, that will be eligible for tax exemptions under the program;

(d) the extent of the tax exemptions available;

(e) the amounts of tax exemptions that may be provided under the bylaw, by specifying amounts or by establishing formulas by which the amounts are to be determined, or both;

(f) the maximum term of a tax exemption that may be provided under the bylaw, which may not be longer than 10 years.

(5) A revitalization program bylaw

(a) may include other provisions the council considers advisable respecting the program including, without limiting this,

(i) the requirements that must be met before an exemption certificate may be issued,

(ii) conditions that must be included in an exemption certificate, and

(iii) provision for a recapture amount that must be paid by the owner of the property to the municipality if the conditions specified in the exemption certificate are not met, and

(b) may be different for

(i) different areas of the municipality,

(ii) different property classes under the Assessment Act,

(iii) different classes of land or improvements, or both, as established by the bylaw,

(iv) different activities and circumstances related to a property or its uses, as established by the bylaw, and

(v) different uses as established by zoning bylaw.

(6) A revitalization program bylaw may be adopted only after

(a) notice of the proposed bylaw has been given in accordance with section 227 [notice of permissive tax exemptions], and

(b) the council has considered the bylaw in conjunction with the objectives and policies set out under section 165 (3.1) (c) [use of permissive tax exemptions] in its financial plan.

(7) The council may enter into an agreement with the owner of a property respecting

(a) the provision of a revitalization tax exemption under this section,

(b) any requirements that must be met before an exemption certificate is issued, and

(c) any conditions on which the tax exemption is to be provided.

(8) Once

(a) all requirements established in the revitalization program bylaw, and

(b) any additional requirements established in the exemption agreement

have been met, a revitalization tax exemption certificate must be issued for the property in accordance with the exemption agreement.

(9) An exemption certificate must specify the following in accordance with the revitalization program bylaw and the exemption agreement:

(a) the extent of the tax exemption;

(b) the amount of the tax exemption or the formula for determining the exemption;

(c) the term of the tax exemption;

(d) if applicable, the conditions on which the tax exemption is provided;

(e) if applicable, that a recapture amount is payable if the exemption certificate is cancelled, and how that amount is to be determined.

(10) So long as an exemption certificate has not been cancelled, the land or improvements, or both, subject to the exemption certificate are exempt from taxation under section 197 (1) (a) [municipal property taxes] as provided in the exemption certificate.

(11) An exemption certificate may be cancelled by the council

(a) on the request of the property owner, or

(b) if any of the conditions specified in the exemption certificate are not met.

(12) An exemption certificate or cancellation does not apply to taxation in a calendar year unless the exemption certificate is issued or cancelled, as applicable, on or before October 31 in the preceding year.

(13) The designated municipal officer must

(a) provide a copy of an exemption certificate to the relevant assessor as soon as practicable after it is issued, and

(b) if applicable, notify that assessor as soon as practicable after an exemption certificate is cancelled.

(14) The authority to provide a tax exemption under this section is not subject to section 25 (1) [prohibition against assistance to business].

5 Section 227 (3) is repealed and the following substituted:

(3) In the case of a bylaw under section 226 (4) [revitalization program bylaw], the notice under subsection (1) of this section must include a general description of each of the following:

(a) the reasons for and the objectives of the program;

(b) how the proposed program is intended to accomplish the objectives;

(c) the kinds of property, or related activities or circumstances, that will be eligible for a tax exemption under the program;

(d) the extent, amounts and maximum terms of the tax exemptions that may be provided under the program.

 
Dike Maintenance Act

6 Section 6.1 (1) (e) of the Dike Maintenance Act, R.S.B.C. 1996, c. 95, is repealed and the following substituted:

(e) directing the person or diking authority to pay an amount of money the court considers appropriate to

(i) the trustee under Part 3 of the Wildlife Act for inclusion in the trust property, as that term is defined in section 118 of that Act, or

(ii) any other prescribed trust fund; .

7 Section 8 (2) (b) (iv) is amended by striking out "that of the Habitat Conservation Trust Fund." and substituting "the trust purposes within the meaning of section 118 of the Wildlife Act."

 
Environmental Management Act

8 Section 127 (1) (e) of the Environmental Management Act, S.B.C. 2003, c. 53, is repealed and the following substituted:

(e) directing the person to pay an amount of money the court considers appropriate to the trustee under Part 3 of the Wildlife Act for inclusion in the trust property, as that term is defined in section 118 of that Act; .

 
Farm Practices Protection (Right to Farm) Act

9 The Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended by adding the following section:

Enforcement of board's orders

6.1 (1) A party in whose favour the board makes an order under section 6 (1) (b), or a person designated in the order, may file a certified copy of the order with the Supreme Court.

(2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.

 
Insurance (Vehicle) Act

10 Section 1 (1) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by adding the following definitions:

"leased motor vehicle" means a motor vehicle leased or rented to a lessee under an agreement in writing and in the ordinary course of the owner's or lessor's business;

"lessee" has the same meaning as in section 86 (3) of the Motor Vehicle Act;

"lessor" has the same meaning as in section 86 (3) of the Motor Vehicle Act; .

11 Section 11 (3), as amended by section 10 (c) of the Insurance (Motor Vehicle) Amendment Act, 2003, S.B.C. 2003, c. 94, is amended by striking out "every driver or owner of a vehicle" and substituting "every driver or owner, or, in the case of a leased motor vehicle, the lessee, of a vehicle".

12 Section 20 (1) is amended by adding the following definition:

"owner", in relation to a motor vehicle, includes a lessee; .

13 Section 24 is amended by adding the following subsection:

(13) In this section, "owner", in relation to a motor vehicle, includes a lessee.

14 Section 45 (2) is amended

(a) in paragraphs (j) (i) and (k) by striking out "the owner or driver" and substituting "the owner, lessee or driver",

(b) in paragraph (j) (ii) by striking out "and the owner is not liable;" and substituting "and neither the owner nor the lessee is liable;",

(c) in paragraph (l) by striking out "the owner of every uninsured motor vehicle" and substituting "the owner or lessee of every uninsured motor vehicle", and

(d) in paragraph (m) by striking out "by an uninsured motor vehicle owned or operated by a person in British Columbia," and substituting "by an uninsured motor vehicle owned or operated by a person, or leased to a lessee, in British Columbia,".

15 Section 60, as enacted by section 41 of the Insurance (Motor Vehicle) Amendment Act, 2003, is amended by striking out "an accident resulting from the ownership, use or operation of a vehicle in respect of which insurance is provided" and substituting "an accident resulting from the ownership, use or operation of a vehicle, or, in the case of a leased motor vehicle, from the possession of the leased motor vehicle by the lessee or the use or operation of the motor vehicle, in respect of which insurance is provided".

16 Section 61 (1.2) (a), as enacted by section 41 of the Insurance (Motor Vehicle) Amendment Act, 2003, as that section 41 was amended by section 37 of the Public Safety and Solicitor General Statutes Amendment Act, 2006, S.B.C. 2006, c. 28, is repealed and the following substituted:

(a) prohibit a person who is living with and as a member of the family of

(i) the owner of the vehicle, and

(ii) in the case of a leased motor vehicle, if the policy was purchased by the lessee, of the lessee of the motor vehicle,

from using or operating the vehicle, or .

17 Section 73, as enacted by section 41 of the Insurance (Motor Vehicle) Amendment Act, 2003, is amended

(a) in paragraph (e) by striking out "with owners of vehicles who are unable to enter into optional insurance contracts" and substituting "with owners of vehicles, or, in the case of leased motor vehicles, lessees of leased motor vehicles, who are unable to enter into optional insurance contracts", and

(b) in paragraph (f) by striking out "that an owner is unable to enter into an optional insurance contract" and substituting "that an owner or lessee is unable to enter into an optional insurance contract".

18 Section 76 (6) (c), as enacted by section 41 of the Insurance (Motor Vehicle) Amendment Act, 2003, is amended by striking out "by the owner or driver of the vehicle" and substituting "by the owner, lessee or driver of the vehicle".

19 The following section is added:

Liability limited for classes of owners

82.1 (1) In an action to recover for loss or damage to persons or property arising out of the use or operation of a leased motor vehicle on a highway in British Columbia, the maximum amount for which the lessor of the motor vehicle is liable, in that lessor's capacity as lessor of the motor vehicle, in respect of any one incident is the amount determined under subsection (2).

(2) The maximum amount for the purposes of subsection (1) is the greatest of the following amounts:

(a) $1 000 000;

(b) the amount established, or determined in the manner prescribed, by regulation;

(c) the amount of third party liability insurance coverage required by law to be carried in respect of the motor vehicle.

(3) Subsection (1) does not apply

(a) in respect of amounts payable by a lessor other than by reason of vicarious liability imposed under section 86 of the Motor Vehicle Act, or

(b) to prescribed lessors or motor vehicles, or prescribed classes of lessors or motor vehicles.

(4) This section applies only in relation to loss or damage sustained on or after the date this section comes into force.

20 Section 91 (1) (b), as enacted by the Insurance (Motor Vehicle) Amendment Act, 2003, is amended by striking out "without the consent of the owner." and substituting "without the consent of the owner, and, in the case of a leased motor vehicle, the lessee."

21 Section 94, as enacted by the Insurance (Motor Vehicle) Amendment Act, 2003, is amended

(a) in subsection (2) by adding the following paragraphs:

(e) establishing an amount, or prescribing the manner of determining an amount, for the purposes of section 82.1 (2) (b);

(f) prescribing lessors or motor vehicles, or classes of either, for the purposes of section 82.1 (3) (b). , and

(b) by adding the following subsection:

(4) In making regulations under subsection (2) (f), the Lieutenant Governor in Council may make different regulations in relation to lessors and motor vehicles, or classes of either, in different circumstances.

 
Integrated Pest Management Act

22 Section 31 (1) (e) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is repealed and the following substituted:

(e) directing the person to pay an amount of money the court considers appropriate to the trustee under Part 3 of the Wildlife Act for inclusion in the trust property, as that term is defined in section 118 of that Act; .

 
Land Act

23 Section 1 of the Land Act, R.S.B.C. 1996, c. 245, is amended by repealing the definition of "registry" and substituting the following:

"registry", except in Part 1.1, means the Crown land registry continued under section 7; .

24 The following Part is added:

Part 1.1 -- Integrated Land and Resource Registry

Definitions

7.1 In this Part:

"integrated registry" means the Integrated Land and Resource Registry referred to in section 7.2 (1);

"tenure" means

(a) any interest in Crown land that is granted or otherwise established under a prescribed instrument, or

(b) a prescribed designation or other status that, under an enactment, is given to, conferred on, or made or otherwise established in relation to Crown land;

"tenure authority", in relation to a tenure, means a prescribed person.

Integrated Land and Resource Registry

7.2 (1) The minister must maintain the electronic database known as the Integrated Land and Resource Registry established by the ministry of the minister.

(2) A tenure authority must submit prescribed information in respect of a tenure to the integrated registry

(a) in the form and manner and within the time period required by the minister, and

(b) in accordance with the standards established by the minister.

(3) The minister may include in the integrated registry information other than information submitted under subsection (2) to the integrated registry.

(4) For the purpose of facilitating the identification of information in the integrated registry, the minister may

(a) assign a unique number to identify information submitted to or included in the integrated registry, and

(b) include in a record of information in the integrated registry the unique number assigned to that information.

(5) The minister may delete or correct information in the integrated registry.

No notice or knowledge of information in integrated registry

7.3 The inclusion of information in the integrated registry does not constitute

(a) express, constructive or implied notice of the information to any person, or

(b) express, constructive or implied knowledge of the information on the part of any person.

Public access to integrated registry

7.4 (1) Subject to this section, the minister must make information in the integrated registry accessible to the public by electronic means and on conditions satisfactory to the minister.

(2) The minister may suspend one or more of the services provided in relation to the integrated registry if the minister is satisfied that circumstances are such that it is not practicable to provide those services.

(3) The minister may restrict access to designated information in the integrated registry.

(4) For the purposes of subsection (3), the minister may do one or more of the following:

(a) designate information in the integrated registry;

(b) define classes of persons or designated information;

(c) make different restrictions for different classes of persons or designated information.

Personal liability protection

7.5 (1) No legal proceeding for damages lies or may be commenced or maintained against the government, the minister or an individual acting on behalf of or under the direction of the minister

(a) because of anything done or omitted

(i) in the performance or intended performance of any duty under this Part, or

(ii) in the exercise or intended exercise of any power under this Part, or

(b) for loss or damage caused by reliance on the information in the integrated registry for any reason or purpose including, without limitation, reliance for the purpose of establishing priorities of interest or reliance on the completeness of the information in the integrated registry.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Fees

7.6 (1) The Lieutenant Governor in Council may, by regulation, prescribe fees for services provided by electronic means by the minister in relation to the integrated registry.

(2) A person must pay to the minister at the time services are provided any fees prescribed under subsection (1) for those services.

Offences

7.7 Section 5 of the Offence Act does not apply to this Part or the regulations made under this Part.

Power to make regulations

7.8 (1) The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing instruments for the purposes of the definition of "tenure";

(b) prescribing designations or other statuses for the purposes of the definition of "tenure";

(c) prescribing persons in relation to a tenure for the purposes of the definition of "tenure authority";

(d) prescribing information that must be submitted to the integrated registry in respect of a tenure.

(2) In making regulations under this Part, the Lieutenant Governor in Council may

(a) define classes of persons or things, and

(b) make different regulations for different classes of persons or things.

25 The heading to Part 7.2 is repealed and the following substituted:

Part 7.2 -- Deposit of Electronic Plans
in Crown Land Registry .

 
Land Title Act

26 The Land Title Act, R.S.B.C. 1996, c. 250, is amended by adding the following section:

Lease of part of a parcel of land enforceable

73.1 (1) A lease or an agreement for lease of a part of a parcel of land is not unenforceable between the parties to the lease or agreement for lease by reason only that

(a) the lease or agreement for lease does not comply with this Part, or

(b) an application for the registration of the lease or agreement for lease may be refused or rejected.

(2) This section does not apply to an airport lease, as defined in section 41 of the Municipalities Enabling and Validating Act (No. 2).

27 Section 294.6 (h) is amended by striking out "the government, or an agent or employee of the government," and substituting "the registrar, or a person acting under the registrar's direction,".

28 The following section is added:

Transitional -- removal of notations made under
the Forest Land Reserve Act

394 A registrar may cancel, with or without an application, a notation that was endorsed on the title of land under section 12.1 of the Forest Land Reserve Act before the repeal of that Act.

29 Item 7 of the Schedule is amended by adding the following as indicated:

30 Item 12 of the Schedule is amended by striking out "government office" in both places and substituting "land title office or government office".

31 Items 14 to 16 of the Schedule are repealed and the following substituted as indicated:

32 Item 15 of the Schedule is amended in Column 2 opposite paragraph (b) by striking out "$5.71" and substituting "$4.71".

33 Item 17 of the Schedule is amended in Column 1

(a) in paragraph (a) by striking out "by a non-government employee" and substituting "at a land title office by a person who is not, for that purpose, acting under the registrar's direction", and

(b) in paragraph (b) by adding at the beginning "at a land title office by a person who is, for that purpose, acting under the registrar's direction, or".

34 Items 18 and 19 of the Schedule are amended in Column 1 by striking out "government office" wherever it appears and substituting "land title office or government office".

35 Item 21 of the Schedule is amended in Column 1 by striking out "at a government office by a person who is for that purpose a government employee," and substituting "at a land title office by a person who is, for that purpose, acting under the registrar's direction, or at a government office by a person who is, for that purpose, a government employee,".

36 Item 23 of the Schedule is amended in Column 2 by striking out "$18.12 per lot to a maximum of $181.20" and substituting "$17.25 per lot to a maximum of $172.50".

 
Land Title and Survey Authority Act

37 Section 8 (5) of the Land Title and Survey Authority Act, S.B.C. 2004, c. 66, is amended by adding "and that ends on March 31 of the year in which the term expires" after "3 years".

38 Section 9 (2) (d) is repealed and the following substituted:

(d) an officer of the Authority, other than the chair or vice chair of the board of directors, .

39 Section 15 (1) is amended by striking out "chair" and substituting "chair and as vice chair".

40 Section 20 (1) is amended by striking out "subsection (7)," and substituting "subsection (8),".

41 Section 41 is amended by adding the following subsection:

(4) For the purposes of section 2, an administrator appointed under this section is deemed to be the board of directors.

 
Local Government Act

42 Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following definition:

"financial plan" means the current financial plan for a regional district under section 815 [financial plan]; .

 
Motor Vehicle Act

43 Section 86 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

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

(1) In the case of a motor vehicle that is in the possession of its owner, in an action to recover for loss or damage to persons or property arising out of the use or operation of the motor vehicle on a highway, a person driving or operating the motor vehicle who

(a) is living with, and as a member of the family of, the owner, or

(b) acquired possession of the motor vehicle with the consent, express or implied, of the owner,

is deemed to be the agent or servant of, and employed as such by, that owner and to be driving or operating the motor vehicle in the course of his or her employment with that owner.

(1.1) In the case of a motor vehicle that is in the possession of its lessee, in an action to recover for loss or damage to persons or property arising out of the use or operation of the motor vehicle on a highway, a person driving or operating the motor vehicle who

(a) is living with, and as a member of the family of, the lessee, or

(b) acquired possession of the motor vehicle with the consent, express or implied, of the lessee,

is deemed to be the agent or servant of, and employed as such by, that lessee and to be driving or operating the motor vehicle in the course of his or her employment with that lessee.

(1.2) In the case of a motor vehicle that is in the possession of its lessee, in an action to recover for loss or damage to persons or property arising out of the use or operation of the motor vehicle on a highway, a person driving or operating the motor vehicle who acquired possession of the motor vehicle with the consent, express or implied, of its lessor is deemed to be the agent or servant of, and employed as such by, that lessor and to be driving or operating the motor vehicle in the course of his or her employment with that lessor.

(1.3) The liability under subsection (1.2) of a lessor is subject to the applicable limit established under section 82.1 of the Insurance (Vehicle) Act. ,

(b) in subsection (2) by striking out "deemed to be the agent or servant of the owner" and substituting "deemed to be the agent or servant of the owner or lessee", and

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

(3) In this section:

"lessee" means a person who leases or rents a motor vehicle from a lessor for any period of time;

"lessor" means the following:

(a) subject to paragraph (b), a person who, under an agreement in writing and in the ordinary course of the person's business, leases or rents a motor vehicle to another person for any period of time;

(b) if the lessor referred to in paragraph (a) has assigned the agreement, the assignee;

"owner"

(a) includes a purchaser of a motor vehicle who is in possession of the motor vehicle under a contract of conditional sale by which title to the motor vehicle remains in the seller, or the seller's assignee, until the purchaser takes title on full compliance with the contract,

(b) if a purchaser of a motor vehicle is in possession of the motor vehicle, does not include the seller of that motor vehicle under a contract of conditional sale described in paragraph (a) or the assignee of that seller, and

(c) does not include a lessee of a motor vehicle who is in possession of the motor vehicle under an agreement in writing with the owner, whether or not the lessee may become its owner in compliance with the agreement.

(4) This section, as amended by section 43 of the Miscellaneous Statutes Amendment Act (No. 2), 2007, applies only in relation to loss or damage sustained on or after the date that section comes into force.

 
Pacific Coast University for Workplace Health Sciences Act

44 The Pacific Coast University for Workplace Health Sciences Act is amended by adding the following section:

Provision of personal information

6.1 (1) In this section:

"personal education number" means a unique identification number for a student assigned or identified under section 170.3 (2) of the School Act;

"student" means a person who is, or is applying to be, a student of the university.

(2) The board of governors must require a student to provide the university with

(a) the student's personal education number, or

(b) the personal information necessary to obtain a personal education number for the student.

(3) The board of governors must submit the personal information collected under subsection (2) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for a student.

(4) The board of governors may use a student's personal education number for the purposes of carrying out its responsibilities in respect of operating a program or activity of the university.

(5) The board of governors must provide to the minister responsible for post-secondary education the personal information about a student that is in the possession of the board of governors if the minister responsible for post-secondary education requests that information and provides the board of governors with a valid personal education number for that student.

(6) The minister responsible for post-secondary education must provide to the minister responsible for the administration of the School Act the personal information about a student that is in the possession of the minister responsible for post-secondary education if the minister responsible for the administration of the School Act requests that information and provides the minister responsible for post-secondary education with a valid personal education number for that student.

 
Passenger Transportation Act

45 Section 57 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended

(a) by adding the following subsection:

(2.1) A driver of a passenger directed vehicle commits an offence if the driver conveys, in the motor vehicle as a passenger, a person who boarded the motor vehicle at a location that is outside of the geographical area that, under the terms and conditions of the licence issued in respect of the motor vehicle, is the geographical area from which transportation of passengers may originate. , and

(b) in subsection (3) by adding "or (2.1)" after "(j)".

 
Vancouver Charter

46 Section 219 of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:

Director of Finance to report on revenue
and expenditure

219. (1) As soon as practicable in each year and in any event by April 30, the Director of Finance must prepare and submit to the Council a report setting out the Director of Finance's estimates in detail of the anticipated revenues and expenditures of the city for that year.

(2) In the report under subsection (1), or in another report or reports submitted to the Council by April 30, the Director of Finance must set out objectives and policies for that year in relation to the following:

(a) for each revenue source identified under subsection (1), the proportion of total revenue that is proposed to come from that revenue source;

(b) the distribution of rates of levy among the property classes that may be subject to taxes under section 373 [annual rating by-law];

(c) the use of tax exemptions under sections 396A [exemptions for heritage property], 396C [exemptions for riparian property] and 396E [revitalization tax exemptions].

47 Section 373 is repealed and the following substituted:

Annual rating by-law

373. (1) As soon as the estimates for the year have been adopted, the Council must adopt a rating by-law for that year based on those estimates.

(2) The rating by-law must, subject to the limitations provided in this Act, establish a rate of levy on every parcel of real property liable to taxation on the real property assessment roll prepared under the Assessment Act to raise the amount by way of real property taxes that, added to the estimated revenue of the city from other sources, will be sufficient to pay all debts and obligations of the city falling due within the year that are not otherwise provided for.

(3) Before adopting the rating by-law, the Council must consider the rates of levy proposed for each property class in conjunction with the objectives and policies set out in the report under section 219 (2) (b) [property tax distribution].

48 The following section is added:

Revitalization tax exemptions

396E. (1) In this section:

"exemption agreement" means an agreement under subsection (9);

"exemption certificate" means a revitalization tax exemption certificate issued under subsection (10);

"owner", in relation to a property, means the registered owner or the owner under agreement;

"revitalization program by-law" means a by-law under subsection (4).

(2) Despite section 396 [liability to taxation], the Council may, for the purpose of encouraging revitalization in the city, provide tax exemptions for land or improvements, or both, in accordance with this section.

(3) For a revitalization tax exemption under this section to apply to a particular property

(a) the exemption must be in accordance with a revitalization program by-law under subsection (4),

(b) an exemption agreement under subsection (9) must apply to the property, and

(c) an exemption certificate for the property must have been issued under subsection (10).

(4) A revitalization tax exemption program must be established by a by-law that includes the following:

(a) a description of the reasons for and the objectives of the program;

(b) a description of how the program is intended to accomplish the objectives;

(c) a description of the kinds of property, or related activities or circumstances, that will be eligible for tax exemptions under the program;

(d) the extent of the tax exemptions available;

(e) the amounts of tax exemptions that may be provided under the by-law, by specifying amounts or by establishing formulas by which the amounts are to be determined, or both;

(f) the maximum term of a tax exemption that may be provided under the by-law, which may not be longer than 10 years.

(5) A revitalization program by-law

(a) may include other provisions the Council considers advisable respecting the program including, without limiting this,

(i) the requirements that must be met before an exemption certificate may be issued,

(ii) conditions that must be included in an exemption certificate, and

(iii) provision for a recapture amount that must be paid by the owner of the property to the city if the conditions specified in the exemption certificate are not met, and

(b) may be different for

(i) different areas of the city,

(ii) different property classes under the Assessment Act,

(iii) different classes of land or improvements, or both, as established by the by-law,

(iv) different activities and circumstances related to a property or its uses, as established by the by-law, and

(v) different uses or occupancies as established by zoning by-law.

(6) Before adopting a revitalization program by-law, the Council must

(a) give notice of the proposed by-law in accordance with subsections (7) and (8), and

(b) consider the by-law in conjunction with the objectives and policies set out in the report under section 219 (2) (c) [use of permissive tax exemptions].

(7) The notice required under subsection (6) must

(a) be published in a newspaper once each week for 2 consecutive weeks, and

(b) from the date on which the notice is first published under paragraph (a) of this subsection, be posted for public inspection in the City Hall during its regular office hours.

(8) The notice required under subsection (6) must include a general description of each of the following:

(a) the reasons for and the objectives of the program;

(b) how the proposed program is intended to accomplish the objectives;

(c) the kinds of property, or related activities or circumstances, that will be eligible for a tax exemption under the program;

(d) the extent, amounts and maximum terms of the tax exemptions that may be provided under the program.

(9) The Council may enter into an agreement with the owner of a property respecting

(a) the provision of a revitalization tax exemption under this section,

(b) any requirements that must be met before an exemption certificate is issued, and

(c) any conditions on which the tax exemption is to be provided.

(10) Once

(a) all requirements established in the exemption program by-law, and

(b) any additional requirements established in the exemption agreement

have been met, a revitalization tax exemption certificate must be issued for the property in accordance with the exemption agreement.

(11) An exemption certificate must specify the following in accordance with the exemption program by-law and the exemption agreement:

(a) the extent of the tax exemption;

(b) the amount of the tax exemption or the formula for determining the exemption;

(c) the term of the tax exemption;

(d) if applicable, the conditions on which the tax exemption is provided;

(e) if applicable, that a recapture amount is payable if the exemption certificate is cancelled, and how that amount is to be determined.

(12) So long as an exemption certificate has not been cancelled, the land or improvements, or both, subject to the exemption certificate are exempt from taxation under section 373 [annual rating by-law] as provided in the exemption certificate.

(13) An exemption certificate may be cancelled by the Council

(a) on the request of the property owner, or

(b) if any of the conditions specified in the exemption certificate are not met.

(14) An exemption certificate or cancellation does not apply to taxation in a calendar year unless the exemption certificate is issued or cancelled, as applicable, on or before October 31 in the preceding year.

(15) The Director of Finance, or another city employee authorized by the Director of Finance, must

(a) provide a copy of an exemption certificate to the assessor as soon as practicable after it is issued, and

(b) if applicable, notify the assessor as soon as practicable after an exemption certificate is cancelled.

(16) In each year,

(a) no later than the adoption of the rating by-law under section 373 (1), the Director of Finance must prepare and submit to the Council a report for the previous year that includes, for each tax exemption provided under this section, the amount of real property taxes that would have been imposed on the property in that previous year if it were not exempt for that year, and

(b) as soon as practicable after receiving the report, the Council must consider the report and make it available to the public.

 
Water Act

49 Section 95 (1) (e) of the Water Act, R.S.B.C. 1996, c. 483, is repealed and the following substituted:

(e) directing the person to pay an amount of money the court considers appropriate to the trustee under Part 3 of the Wildlife Act for inclusion in the trust property, as that term is defined in section 118 of that Act; .

 
Wildlife Act

50 Section 84.1 (1) (e) (ii) of the Wildlife Act, R.S.B.C. 1996, c. 488, is repealed and the following substituted:

(ii) the trustee under Part 3 for inclusion in the trust property, as that term is defined in section 118, or .

51 Part 2 is repealed.

52 The following Part is added:

Part 3 -- Habitat Conservation Trust

Definitions

118 In this Part:

"society" means the Habitat Conservation Trust Foundation, a society incorporated under the Society Act;

"trust property" means the property referred to in section 119;

"trust purposes" means the purposes, referred to in section 122 (1) (a) to (d), for which the trust property may be used;

"trustee" means the society.

Trust property

119 (1) The trust property consists of the following:

(a) all of the assets that were included in the Habitat Conservation Trust Fund immediately before the coming into force of this section;

(b) surcharges collected under this Act and paid to the trustee under section 120;

(c) revenue derived by the trustee from

(i) fund raising, or

(ii) the disposition of promotional, educational or other materials, goods, programs or services under section 122 (2) (j);

(d) property received by the trustee by

(i) gift, donation or bequest, or

(ii) disposition of any trust property;

(e) property acquired by the trustee under

(i) an enactment or court order, or

(ii) without limiting subparagraph (i), subsections (3) and (4);

(f) revenue derived from lands administered by the minister for the benefit of fish or wildlife and paid to the trustee under section 120;

(g) property received by the trustee as contributions

(i) under an appropriation or a requisition, or

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

(h) any interest and other income earned by the trustee on the trust property.

(2) The trustee may accept, as part of the trust property, gifts, donations or bequests that are subject to conditions, unless the conditions are inconsistent with section 122.

(3) A reference in any record, including, without limitation, in any security agreement, commercial paper, lease, licence, permit, contract, instrument, document, certificate, will or other testamentary document, court order or enactment, to the Habitat Conservation Trust Fund, or to the trustee of the Habitat Conservation Trust Fund, is deemed to be a reference to the trustee.

(4) Without limiting subsection (3),

(a) any payment or transfer of property that must be made to the Habitat Conservation Trust Fund, or to the trustee of the Habitat Conservation Trust Fund, under any of the records referred to in subsection (3) must be made to the trustee, and

(b) any payment or transfer of property that may be made to the Habitat Conservation Trust Fund, or to the trustee of the Habitat Conservation Trust Fund, under any of the records referred to in subsection (3) may be made to the trustee.

Government as agent

120 (1) Any surcharge under this Act, and any revenue derived from lands administered by the minister for the benefit of fish or wildlife, that is received by the government after the coming into force of this section

(a) is received by the government as agent of the trustee, and

(b) must be paid into the consolidated revenue fund.

(2) The surcharges and revenue referred to in subsection (1) must be paid out of the consolidated revenue fund to the trustee in accordance with section 124.

(3) Section 27 (1) (a) of the Financial Administration Act does not apply to the appropriation under subsection (2) of this section.

Holding of trust property

121 (1) The society is the trustee of the trust property.

(2) Without limiting subsection (1), the trust property

(a) is deemed to be provided to the trustee for the trust purposes and to be held in trust by the trustee for those purposes,

(b) must be used by the trustee for the trust purposes, and

(c) if not immediately required for the trust purposes, may be invested by the trustee as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.

(3) The trust property

(a) may be converted into money or other forms of property, and

(b) must, in its original or converted form, be used by the trustee for the trust purposes.

Use of trust property

122 (1) The trustee may use the trust property for one or more of the following purposes and for no other purpose:

(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 existence and purpose of the society, by way of promotional, educational or other materials, goods, programs or services;

(d) any other related charitable purpose prescribed under the regulations made under section 125.

(2) For the purposes of subsection (1) of this section but without limiting that subsection, the trustee may pay out, or dispose of, trust property in full or partial satisfaction of any payment, cost or expense reasonably required to give effect to, or to facilitate the achievement of, one or more of the trust purposes, including, without limitation, any of the following payments, costs and expenses:

(a) administrative costs for services and supplies provided in relation to the trustee's operations and management of the trust property;

(b) any obligation imposed on the trustee under a federal, provincial or municipal legislative enactment, including, without limitation, taxes of the trustee;

(c) payments, costs and expenses required to comply with any obligation imposed on the trustee under this Part, including reporting and auditing;

(d) costs for insurance for the directors and officers of the society;

(e) reasonable travelling and out-of-pocket expenses incurred by the directors, officers and employees of the society and by persons advising the trustee on matters relating to the trust property;

(f) reasonable remuneration for services rendered by directors of the society;

(g) reasonable remuneration for employees of the trustee and money reasonably payable under contracts for services;

(h) grants to other charitable organizations;

(i) payments, costs and expenses required to engage agents, partners and contractors;

(j) payments, costs and expenses required for the development, preparation and disposition, by sale or otherwise, of promotional, educational or other materials, goods, programs and services related to the trust purposes;

(k) payments, costs and expenses required for fundraising activities.

Trustee reporting requirements

123 (1) The trustee must, within 6 months after the end of each fiscal year of the trustee,

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

(b) 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.

(2) The trustee must provide to the minister, on request of the minister,

(a) any record that the minister may require relating to the trust property, including, without limitation, any record relating to the receipt, retention, use or disposition of the trust property, and

(b) without limiting paragraph (a), any record that the minister may require relating to the assets that were at any time included in the Habitat Conservation Trust Fund before the repeal of Part 2 of this Act, including, without limitation, any record relating to the receipt, retention, use or disposition of those assets.

Government reporting requirements

124 (1) The minister must report to the trustee in respect of any surcharges referred to in section 120 (1) that

(a) are payable to the trustee, and

(b) have not yet been referred to in a report made under this section.

(2) The minister must

(a) report under subsection (1) not less frequently than monthly,

(b) provide, concurrently with each report, payment of the total amount of the surcharges for which the report is made, and

(c) provide in each report the financial information that indicates the portion of the payment referred to in paragraph (b) of this subsection that is attributable to each type of applicable transaction.

(3) The minister must report to the trustee in respect of any revenue, derived from lands administered by the minister for the benefit of fish or wildlife, referred to in section 120 (1) that

(a) is payable to the trustee, and

(b) has not yet been referred to in a report made under this section.

(4) The minister must

(a) report under subsection (3),

(i) in the case of the first report to be made under this subsection, on or before March 31, 2008, and

(ii) for each subsequent report, annually within 3 months after the end of the society's fiscal year,

(b) provide, concurrently with each report, payment of the revenue amount for which the report is made, and

(c) provide in each report the financial information that indicates the portion of the payment referred to in paragraph (b) of this subsection that is attributable to each type of revenue and land.

Regulations

125 The minister may, on the request of the trustee, prescribe one or more charitable purposes, related to the purposes referred to in section 122, for which the trust property may be used.

Transitional Provisions and Repeal

Transitional -- financial planning obligations
for Community Charter municipalities

53 (1) For the 2007 fiscal year of a municipality other than the City of Vancouver, the following provisions of the Community Charter do not apply:

(a) section 165 (3.1) [objectives and policies required to be included in annual financial plan];

(b) section 197 (3.1) [consideration of objectives and policies in relation to annual property tax bylaw].

(2) For the 2008 fiscal year of a municipality other than the City of Vancouver,

(a) the obligation under section 165 (3.1) of the Community Charter is met by a municipality's financial plan including general statements regarding each of the matters referred to in paragraphs (a) to (c) of that provision, and

(b) the obligation under section 197 (3.1) of the Community Charter, in relation to section 165 (3.1) (b) [property value tax distribution] of that Act, is met by the council considering the comparable general statement included under paragraph (a) of this subsection.

(3) In relation to a revitalization program bylaw under section 226 (4) of the Community Charter,

(a) if the bylaw is adopted before the annual financial plan for 2008 is adopted, section 226 (6) (b) [consideration of objectives and policies in relation to revitalization program bylaw] of that Act does not apply, and

(b) if the bylaw is adopted after the annual financial plan for 2008 is adopted but before the annual financial plan for 2009 is adopted, the obligation under section 226 (6) (b) of that Act, in relation to section 165 (3.1) (c) [use of permissive tax exemptions] of that Act, is met by the council considering the comparable general statement included under subsection (2) (a) of this section.

Transitional -- financial planning obligations
for the City of Vancouver

54 (1) For the year 2007 for the City of Vancouver, the following provisions of the Vancouver Charter do not apply:

(a) section 219 (2) [objectives and policies in relation to annual estimates of revenue and expenditure];

(b) section 373 (3) [consideration of objectives and policies in relation to annual rating by-law].

(2) For the year 2008 for the City of Vancouver,

(a) the obligation under section 219 (2) of the Vancouver Charter is met by a report or reports that include general statements regarding each of the matters referred to in paragraphs (a) to (c) of that provision, and

(b) the obligation under section 373 (3) of the Vancouver Charter, in relation to section 219 (2) (b) of that Act [property tax distribution], is met by the council of the City of Vancouver considering the comparable general statement included under paragraph (a) of this subsection.

(3) In relation to a revitalization program by-law under section 396E (4) of the Vancouver Charter,

(a) if the by-law is adopted before the estimates for 2008 are adopted under section 372 of that Act, section 396E (6) (b) [consideration of objectives and policies in relation to revitalization program by-law] of that Act does not apply, and

(b) if the by-law is adopted after the estimates for 2008 are adopted but before the estimates for 2009 are adopted, the obligation under section 396E (6) (b) of that Act, in relation to section 219 (2) (c) [use of permissive tax exemptions] of that Act, is met by the council of the City of Vancouver considering the comparable general statement included under subsection (2) (a) of this section.

Transitional -- existing revitalization tax exemption programs

55 (1) In this section:

"existing revitalization program" means a program established by a bylaw under the previous section 226 (4) [revitalization tax exemption program bylaw] of the Community Charter that

(a) was adopted before the repeal and replacement of that section and is currently in force, or

(b) was given first reading before that repeal and replacement, was subsequently adopted under subsection (2) (a) of this section and is currently in force;

"new section 226" means section 226 [revitalization tax exemptions] of the Community Charter enacted by this Act as it is currently in force;

"previous section 226" means section 226 [revitalization tax exemptions] of the Community Charter as it read immediately before its repeal and replacement by this Act.

(2) Despite the repeal and replacement of the previous section 226 by this Act,

(a) a municipality that has given first reading to a bylaw under the previous section 226 (4) may proceed to adopt the bylaw, so long as this is done by October 31, 2007, and the previous section 226 continues to apply for these purposes, and

(b) subject to subsection (3) of this section,

(i) a municipality that has an existing revitalization program may continue to operate the program in accordance with the previous section 226 and the applicable bylaw under subsection (4) of that section, and

(ii) for these purposes the previous section 226 continues to apply.

(3) The following apply in relation to a bylaw under the previous section 226 (4) establishing an existing revitalization program:

(a) if the bylaw is to be amended,

(i) it may be amended only in accordance with the new section 226, and

(ii) it must be amended to meet the requirements of the new section 226;

(b) once amended in accordance with paragraph (a) of this subsection, the bylaw is deemed to be a bylaw under the new section 226;

(c) subject to paragraph (f) of this subsection, the previous section 226 no longer applies in relation to the amended bylaw;

(d) agreements under the previous section 226 (6) in relation to the amended bylaw are deemed to be agreements under the new section 226 (7);

(e) certificates issued under the previous section 226 (7) in relation to the amended bylaw are deemed to be issued under the new section 226 (8);

(f) in relation to a certificate referred to in paragraph (e) of this subsection,

(i) the term of the tax exemption is as specified in the certificate when it was issued,

(ii) the tax exemption may be renewed only if provided for in, and renewed in accordance with, a bylaw provision under the previous section 226 (5) (e), and

(iii) if the certificate specified recapture provisions under the previous section 226 (8) (d), the recapture amount determined in accordance with the certificate is payable to the municipality by the owner of the property if the certificate is cancelled under the new section 226 (11) (b).

Transitional -- term of office of first directors of
the Land Title and Survey Authority of British Columbia

56 Despite sections 6 (2) and 44 (6) of the Land Title and Survey Authority Act, if the term of office of a director holding office on the date this section comes into force does not expire on March 31 of the year in which the term expires, the term of office of the director is extended to March 31 following the date when the director's term of office would have expired but for this section.

Transitional -- Wildlife Act

57 (1) In this section:

"ongoing trust property" has the same meaning as "trust property" in section 118 of the Wildlife Act;

"original trust property" means all of the assets that were included in the trust fund immediately before the coming into force of this section;

"replaced trustee" means the person who was trustee for the trust fund immediately before the coming into force of this section;

"replacement trustee" means the Habitat Conservation Trust Foundation, a society incorporated under the Society Act;

"trust fund" means the Habitat Conservation Trust Fund as it existed immediately before the coming into force of this section.

(2) The replaced trustee must, promptly after the coming into force of this section,

(a) do any and all such acts, including, without limitation, executing any and all such documents, as may be necessary to immediately provide, to the replacement trustee, full access to and control of the original trust property, and

(b) provide to the replacement trustee all records relating to the trust fund that are in the possession or under the control of the replaced trustee, on such terms and conditions respecting privacy and disclosure of those records as the replaced trustee considers appropriate.

(3) Nothing in subsection (2) precludes the replaced trustee from providing, to the minister, copies of any documents provided to the replacement trustee under subsection (2) (b).

(4) The replacement trustee must do any and all such acts, including, without limitation, executing any and all such documents, as may be necessary to

(a) immediately move all of the original trust property out of the possession and control of the replaced trustee and assume possession and control of that original trust property, and

(b) establish at a financial institution one or more accounts in the name of the trustee in which to deposit any money that is part of the ongoing trust property.

(5) The replacement trustee must satisfy the following liabilities in accordance with the terms of those liabilities:

(a) all liabilities referred to in section 122 (2) of the Wildlife Act;

(b) all liabilities that were incurred by the replaced trustee in relation to the original trust property before the Habitat Conservation Trust Foundation became the trustee of the ongoing trust property.

(6) Despite section 122 of the Wildlife Act, for the purposes of subsection (5) of this section, the replacement trustee may pay out, or dispose of, the ongoing trust property, in full or partial satisfaction of any liability the replacement trustee is obligated to satisfy under subsection (5) of this section.

(7) The appointment of the replaced trustee as trustee of the Habitat Conservation Trust Fund is revoked.

Repeal

58 The British Columbia Wine Act, R.S.B.C. 1996, c. 39, is repealed.

Commencement

59 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: