BILL 54 – 2002
MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2002

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

 
Assessment Act

1 Section 21 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended

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

(b.1) may, within the rates, make an allowance for a decline in the cost of constructing or installing a similar improvement of the same or similar functional utility, ,

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

(3) For the purposes of subsection (2):

"average current cost" means the cost to construct or install the existing improvements

(a) including all materials, labour, overhead and indirect costs, and

(b) assuming the improvements were to be constructed or installed

(i) on July 1 in the year previous to the year in which the assessment roll is prepared, and

(ii) at a location that has average construction and installation difficulty;

"functional utility" means the ability of an improvement to meet market standards. ,

(c) by adding the following subsections:

(4.1) If, in the opinion of the commissioner, the rate prescribed for the purposes of subsection (1) is substantially different in a taxation year than it was in the previous taxation year, the commissioner, by regulation, may order that the rate change be phased in as directed in the regulation.

(4.2) For the purposes of subsection (4.1), the commissioner may make regulations specifying types of improvements or rights of way for which rate changes are to be phased in over a period of up to 3 years and for that purpose may make regulations

(a) prescribing the manner in which the rate changes are to be phased in, and

(b) prescribing different rates and periods of time for the phasing in of rate changes for different types of improvements or rights of way. , and

(d) in subsection (6) by striking out "with subsection (2) (a) or (b), or both." and substituting "with one or more of subsection (2) (a), (b) or (b.1)."

 
Constitution Act

2 Section 26 (2) of the Constitution Act, R.S.B.C. 1996, c. 66, is amended by striking out "is a Crown corporation as defined in the Crown Corporation Reporting Act, R.S.B.C. 1979, c. 84, or".

 
Ecological Reserve Act

3 Section 5 of the Ecological Reserve Act, R.S.B.C. 1996, c. 103, is amended by adding the following subsection:

(3) Subsection (1) does not apply to a disposition by permit under section 5.1.

4 The following section is added:

Permits for scientific research and educational purposes

5.1 (1) In accordance with the regulations, the minister may issue a permit to a person authorizing use and occupation of an ecological reserve for ecological scientific research or educational purposes under section 2.

(2) A permit under subsection (1) may be limited to one entry or may cover a specified period of time.

(3) It is a condition of a permit issued under subsection (1) that the permittee comply with this Act and the regulations.

(4) If necessary and incidental to the scientific research or educational purpose for which a permit is issued, the minister may authorize in the permit one or more of the following uses or activities:

(a) entry to and access through the ecological reserve by specified means of conveyance or transportation;

(b) introduction of a specified plant or animal species.

(5) A permit issued under this section must include terms and conditions that the minister considers advisable to protect the ecological reserve and the natural resources in it.

(6) In accordance with the regulations, the minister may cancel or modify a permit issued under this section if the minister considers it advisable for the protection of the ecological reserve or its natural resources.

(7) Subject to the regulations, the minister may delegate to any person or class of persons any of the minister's powers, duties and functions under this section.

5 Section 7 (2) is amended by adding the following paragraphs:

(c.1) respecting permits under section 5.1, including, without limitation, providing for their issue, suspension, modification or cancellation;

(c.2) requiring and prescribing a fee payable for a permit under section 5.1 and for a permit application;

(c.3) respecting the delegation of the powers, duties and functions of the minister under section 5.1; .

 
Freedom of Information and Protection of Privacy Act

6 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:

 
Greater Nanaimo Water District Act

7 Section 82 of the Greater Nanaimo Water District Act, S.B.C. 1953 (2nd Session), c. 41, is repealed.

8 Section 84 (1) is repealed and the following substituted:

(1) Land, improvements and works owned or held by the Corporation within the area of the district are exempt from property taxation under the Local Government Act and the Taxation (Rural Area) Act if the land, improvements or works are used for the purposes of the Corporation.

 
Greater Vancouver Sewerage and Drainage District Act

9 Section 6 of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by adding the following subsections:

(1a) In addition to the objects under subsection (1), the Corporation has as objects to acquire, hold, manage and dispose of all or part of the land, improvements, personal property or other property, and any interest or right in or with respect to Ashcroft Ranch.

(1b) The Lieutenant Governor in Council, by regulation, may define "Ashcroft Ranch" for the purposes of subsection (1a) and section 7 (2a).

10 Section 7 is amended by adding the following subsection:

(2a) In addition to the other powers under this section, the Corporation has the power to carry on the business of ranching and any other agricultural business ancillary to ranching, and to carry out agricultural research, on all or any part of Ashcroft Ranch.

11 Section 62 is repealed.

12 Section 65 is repealed and the following substituted:

Exemption from property taxes

65 Land, improvements and works owned or held by the Corporation within the area of the Corporation are exempt from taxation under the Local Government Act, the Taxation (Rural Area) Act and the Vancouver Charter if the land, improvements or works are used for the purposes of the objects of the Corporation.

 
Greater Vancouver Water District Act

13 Section 76 of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is repealed.

14 Section 81 (1) and (3) is repealed and the following substituted:

(1) Land, improvements and works owned or held by the Corporation within the area of the district are exempt from taxation under the Local Government Act, the Taxation (Rural Area) Act or the Vancouver Charter if the land, improvements or works are used for the purposes of the Corporation.

 
Highway Act

15 The Highway Act, R.S.B.C. 1996, c. 188, is amended by adding the following section to Part 1:

Authorization of activities on highway

13.2 (1) The minister may authorize, in writing, on terms and conditions the minister considers advisable, the use and occupation of a portion of a highway for any purpose including, without limitation, a commercial purpose.

(2) Terms and conditions under subsection (1) may

(a) be different for each authorization, and

(b) establish and require payment of a fee.

(3) An authorization under subsection (1) may be given in respect of

(a) a highway outside a municipality, or

(b) an arterial highway.

 
Job Protection Act

16 The Schedule to the Job Protection Act, R.S.B.C. 1996, c. 240, is repealed.

 
Land Surveyors Act

17 Section 1 of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is amended by adding the following definitions:

"artificial" means manufactured;

"artificial feature" includes survey monuments, posts and other designated objects;

"boundary" means a natural or artificial line on land, below land, in airspace or in or on any structure, the purpose of which is to indicate the limits of an interest in the land, airspace, natural resources or structure;

"land" includes foreshore and land covered by water;

"practice of land surveying" means

(a) the measurement of land or airspace to

(i) determine, locate, define, describe, establish or re-establish boundaries, or

(ii) determine the location of any natural or artificial feature on land or in airspace relative to a boundary for the purpose of certifying in writing the location of the natural or artificial feature,

and without limiting subparagraphs (i) and (ii), may include

(iii) integrating any monument that defines a boundary, either directly or indirectly, with a network of geodetic points of any order of precision and determining coordinate values for the monument when those values are used in the development or maintenance of a geographic information system that will be used in whole or in part for determining or establishing boundaries,

(iv) establishing control points for the purpose of carrying out the activities in subparagraphs (i) to (iii),

(v) preparing maps, plans and documents in any format with respect to determining or establishing boundaries, and

(vi) giving advice with respect to land surveying, determining and establishing boundaries and spatial relationships and the rules and regulations pertaining to land surveying, and

(b) advising on, reporting on or supervising any of the activities listed in paragraph (a); .

18 Section 4 (1) is amended by adding the following paragraph:

(k) establishing a professional practice review program for members, including establishing a means to fund the professional practice review program.

19 Section 5 (4) is repealed and the following substituted:

(4) A bylaw or a bylaw amendment of the corporation takes effect when

(a) it has been passed under subsection (1) or (2),

(b) it has been filed under subsection (5), and

(c) the 45 days referred to in subsection (6) have expired, and it has not been disallowed by the Lieutenant Governor in Council.

(5) The board must file with the minister a certified copy of all bylaws or bylaw amendments passed under this section.

(6) A bylaw or bylaw amendment filed with the minister under subsection (5) may be disallowed by the Lieutenant Governor in Council within 45 days of the bylaw or bylaw amendment being filed.

20 Section 10 (1) is amended by striking out "in January of each year" and substituting "once in each calendar year on a date and".

21 Section 14 (3) is amended by striking out "standing, and was a member in good standing on October 15 in the year preceding the year of the election." and substituting "standing and has been a member in good standing continuously for the 3 month period before the annual general meeting."

22 Section 15 is repealed and the following substituted:

Nomination of candidates by the board

15 (1) The board must act as a nominating committee and each year prepare a list of nominees to the board who are members in good standing.

(2) A member is not eligible to be a board nominee for election to the board unless the member has consented in writing to the nomination before the list is mailed under subsection (3).

(3) A copy of the list of board nominees to the board must be mailed to each member in good standing at least 3 months before the date of the annual general meeting.

23 Section 16 (2) is amended by striking out "not later than November 15 in that year," and substituting "at least 2 months before the date of the annual general meeting,".

24 Section 17 is repealed and the following substituted:

Withdrawal of consent to nomination

17 A candidate for the board nominated under section 15 or 16 may withdraw a consent to nomination

(a) by providing the secretary with a written notice of the withdrawal at least 2 months before the date of the annual general meeting, or

(b) at any other time, with the permission of the president.

25 Section 18 is amended by striking out "Not later than December 1 in each year, the secretary" and substituting "At least 6 weeks before the date of the annual general meeting, the secretary".

26 Section 21 (1) is repealed and the following substituted:

(1) Except at an election held at an extraordinary general meeting, ballot papers must be delivered to the secretary before the closing of the ballot box at the annual general meeting.

27 Section 51 (1) is amended

(a) in paragraph (b) by striking out "in good standing," and substituting "in good standing or by a land surveying company,",

(b) in paragraph (c) (ii) by striking out "a shareholder," and substituting "a shareholder in the company or in a land surveying company that is a shareholder in the company,", and

(c) by repealing paragraph (c) (iv) and (v) and substituting the following:

(iv) a child of

(A) a shareholder in the company,

(B) a shareholder in a land surveying company that is a shareholder in the company, or

(C) the spouse of a shareholder referred to in clause (A) or (B),

(v) any other relative of a member who is a shareholder in the company or in a land surveying company that is a shareholder in the company,

(vi) a land surveying company that is a voting shareholder,

(vii) a company, all the shares of which are beneficially owned by one or more of the individuals referred to in subparagraphs (i) to (v), or

(viii) a trust, all the beneficiaries of which are individuals referred to in subparagraphs (i) to (v).

28 Section 51 (1.1) is amended by striking out "In subsection 1 (c) (ii)," and substituting "In subsection (1),".

29 Section 59 is repealed and the following substituted:

Practice of land surveying and use of titles

59 (1) A person must not

(a) engage in the practice of land surveying, or

(b) hold himself or herself out, or be held out, to the public as being a land surveyor or as authorized under this Act to engage in the practice of land surveying

unless the person

(c) is a member in good standing, or

(d) practises as authorized by this Act through a land surveying company.

(2) This Act does not affect or interfere with the right of

(a) a lawyer to engage in the practice of law under the authority of the Legal Profession Act,

(b) a notary public to provide notary services under the authority of the Notaries Act,

(c) an architect to engage in the practice of professional architecture under the authority of the Architects Act,

(d) a professional engineer to engage in the practice of professional engineering under the authority of the Engineers and Geoscientists Act,

(e) a professional geoscientist to engage in the practice of professional geoscience under the authority of the Engineers and Geoscientists Act, or

(f) a person entitled to use the designation "applied science technologist" or "certified technician" under the authority of the Applied Science Technologists and Technicians Act to perform the work usual to such designations,

if that practice or work or those services do not involve the determination or certification of a boundary or natural or artificial features in relation to a boundary.

(3) Subject to subsection (4), a person must not use or display the designation "B. C. Land Surveyor", "British Columbia Land Surveyor", "land surveyor", "Professional Land Surveyor" or "Provincial Land Surveyor" or the initials "B.C. L. S." unless the person is a member in good standing.

(4) A member whose name has been placed on a list of nonpractising members, on application by the member to the corporation, may use the designations or initials, the use of which is restricted by subsection (3), if the designation or initials are followed by the designation "Not Practising" or "Retired" or the abbreviation "N.P." or "Ret."

(5) A person who contravenes subsection (1) or (3) commits an offence.

(6) This section does not apply to a land surveying company.

 
Legislative Assembly Management Committee Act

30 Section 1 of the Legislative Assembly Management Committee Act, R.S.B.C. 1996, c. 258, is amended

(a) by adding the following definitions:

"Confederation Garden Park" means the park described in the Schedule;

"legislative grounds" means the area bounded by Belleville, Menzies, Superior and Government Streets in the City of Victoria, British Columbia; , and

(b) in the definition of "Legislative Precinct" by adding the following paragraph:

(a.1) the legislative grounds and Confederation Garden Park, .

31 Section 3 (1) (b) is amended by striking out "security,".

32 Section 4 is amended by adding the following subsection:

(1.1) In accordance with the regulations, the Speaker is responsible for the

(a) provision of security within the Legislative Precinct, and

(b) management of the use and enjoyment of the Legislative Precinct by the public and by other persons.

33 Section 6.1 is amended by striking out "and adequate" and substituting "an adequate".

34 The following section is added:

Power to make regulations

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

(a) providing for the security of the Legislative Precinct;

(b) regulating, permitting or prohibiting use of the Legislative Precinct by the public or by other persons.

(2) The Lieutenant Governor in Council may make regulations establishing penalties for failure to comply with the regulations made under this section.

35 The following Schedule is added:

Schedule

CONFEDERATION GARDEN PARK

All those parcels of land in the City of Victoria with the following legal descriptions:

Parcel Identifier: 009-386-980
Lot 890, Victoria City

Parcel Identifier: 009-387-021
Lot 891, Victoria City

Parcel Identifier: 009-387-030
Lot 894, Victoria City

Parcel Identifier: 009-387-056
Lot 995, Victoria City .

 
Liquor Control and Licensing Act

36 Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by repealing the definition of "appeal board".

37 Section 20 is amended

(a) by repealing subsection (4) (d), and

(b) by adding the following subsections:

(4.1) For the purposes of any hearing referred to in subsection (2), the general manager, by summons, may require a person

(a) to attend as a witness, at a place and time mentioned in the summons, which time must be a reasonable time from the date of the summons, and

(b) to bring and produce before the general manager all documents, writings, books, deeds and papers in the person's possession, custody or power touching, or in any way relating to, the subject matter of the hearing.

(4.2) A person named in and served with a summons referred to in subsection (4.1) must attend before the general manager and answer on oath, unless the general manager directs otherwise, all questions touching the subject matter of the hearing, and produce all documents, writings, books, deeds and papers in accordance with the summons.

(4.3) When the general manager exercises a power under subsection (4.1), a person who fails or refuses to comply with subsection (4.2) is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

38 Sections 30 and 31 are repealed.

39 Section 84 (2) (n) is repealed.

 
Liquor Distribution Act

40 The Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended by adding the following section:

Definitions

10.1 (1) In this section and sections 11 to 11.5:

"applicant" means a person who applies for approval under section 11.3 (1);

"approved operator" means a person approved under section 11.3 (1);

"associate", in relation to an applicant or an approved operator means

(a) any person, or any person in one or more classes of persons that may be prescribed for this definition, that has a financial interest in the applicant's or approved operator's business or in the premises in which non duty paid packaged liquor is or is intended to be stored,

(b) if the applicant or approved operator is an individual or a partnership in which one or more of the partners is an individual,

(i) the spouse of the individual,

(ii) any relative of the individual or the spouse referred to in subparagraph (i) if the relative has the same residence as the individual,

(iii) any corporation controlled by the individual, any of the corporation's officers and directors and any person that has a financial interest in the corporation, and

(iv) any corporation that is affiliated with the corporation referred to in subparagraph (iii), the affiliated corporation's officers and directors and any person having a financial interest in the affiliated corporation, or

(c) if the applicant or approved operator is a partnership in which one or more of the partners is a corporation, or is a corporation, any other corporation that is affiliated with the applicant or approved operator, any of the affiliated corporation's officers and directors and any person that has a financial interest in the affiliated corporation;

"duty" means the duty imposed under the Excise Act, 2001 (Canada) and the duty levied under section 21.1 or 21.2 of the Customs Tariff (Canada), but does not include "special duty" as defined in section 2 of the Excise Act, 2001 (Canada);

"non duty paid" means the duty payable has not been paid;

"packaged liquor" means liquor, other than beer and malt liquor, that is packaged in a container of a capacity of not more than 100L that is ordinarily sold to consumers without the liquor being repackaged.

(2) For the definition of "associate" in subsection (1), a corporation is affiliated with another corporation if it is an affiliate of the other corporation within the meaning of the Company Act.

41 Section 11 is amended

(a) in subsections (2) (a) and (4) by striking out "or independent importer" wherever it appears and substituting ", independent importer, applicant, approved operator or a director, officer, employee or associate of an applicant or approved operator", and

(b) in subsection (4) (j) by adding "and 11.1 to 11.5" after "sections 4 to 10".

42 The following sections are added:

Movement and storage of packaged liquor

11.1 (1) A person may move non duty paid packaged liquor, or cause non duty paid packaged liquor to be moved, from

(a) the location in the Province where it is packaged as packaged liquor,

(b) the location where it comes within the boundaries of the Province, or

(c) a location where it is stored

to another location only if the premises at the new location meet the requirements established by the general manager under section 11.2 and are operated by an approved operator.

(2) A person may store non duty paid packaged liquor at premises or a portion of those premises only if

(a) the portion of the premises where it is stored meets the requirements established by the general manager under section 11.2, and

(b) an approved operator operates the premises.

(3) Only an approved operator may operate premises where non duty paid packaged liquor is stored.

Requirements of the general manager

11.2 (1) The general manager may establish requirements respecting

(a) the physical structure, operation and security measures of premises that are, or are intended to be, used to store non duty paid packaged liquor,

(b) information, affidavits and documents that

(i) an applicant for approval under section 11.3, and

(ii) the approved operator of premises

must create, keep and provide to the general manager at the times required by the general manager, and

(c) bonding that must be held by a person described in paragraph (b).

(2) The requirements under subsection (1) (b) may include

(a) requirements relating to the creation, transmission and keeping of records in an intangible form by electronic, magnetic, optical or other means, and

(b) if the general manager considers it necessary in order to make a decision under sections 11.3 to 11.5, requirements relating to background information respecting

(i) the applicant or approved operator, and

(ii) employees, partners and associates of the applicant or approved operator.

Granting of approval

11.3 (1) Subject to subsection (2), the general manager may, with or without conditions, approve a person to operate premises that store non duty paid packaged liquor if

(a) the general manager has received

(i) an application from the person who operates or intends to operate the premises,

(ii) the information, affidavits and documents required by the general manager under section 11.2, and

(iii) any additional information or documents that the general manager requests for the application,

(b) the applicant has submitted to a background investigation and a written report of it is on file with the general manager, and

(c) the general manager considers it appropriate to grant approval taking into account the application and the information referred to in paragraphs (a) (ii) and (iii) and (b).

(2) The general manager may refuse to approve a person who has applied under subsection (1) if

(a) the requirements of the general manager established under section 11.2 are not met,

(b) the applicant has breached or is in breach of a provision of this Act,

(c) the applicant has made a material misrepresentation, omission or misstatement in the application for approval,

(d) the applicant has been convicted of an offence, inside or outside British Columbia, that in the opinion of the general manager calls into question the honesty or integrity of the applicant,

(e) the applicant or any person who is a director, officer, employee or associate of the applicant is considered by the general manager, on reasonable grounds, to be a detriment to the lawful operation or management of premises where non duty paid liquor is intended to be stored, or

(f) the applicant

(i) has been refused permission in another jurisdiction in Canada to operate premises in which non duty paid liquor was to be stored, or

(ii) held in another jurisdiction in Canada a similar approval or permission to operate premises where non duty paid liquor was or was to be stored, and that similar approval or permission was suspended or cancelled.

Suspension, cancellation and termination of approval

11.4 (1) For any of the reasons stated in section 11.3 (2), the general manager may issue a warning to a person who has been approved or may cancel, suspend for a period of time, impose new conditions on or vary existing conditions of an approval granted under section 11.3.

(2) For the purpose of subsection (1), section 11.3 (2) applies as if an approved operator is an applicant.

(3) The approval for an approved operator to operate premises automatically terminates if

(a) the approved operator ceases to operate the premises, or

(b) the approved operator operates the premises with a person who is not approved under section 11.3.

Powers of general manager

11.5 (1) The general manager may conduct inspections for the purposes of

(a) assessing applications for approval under section 11.3, and

(b) monitoring an approved operator's compliance with this Act.

(2) For the purposes of subsection (1), the general manager may conduct background investigations, including but not limited to criminal record checks and inquiries as to financial integrity, of the following:

(a) applicants;

(b) approved operators;

(c) directors, officers employees or associates of applicants or approved operators.

43 Section 15 is amended

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

(1) The minister or person designated in writing by the minister for the purposes of this subsection must appoint a listing committee to consist of members appointed by the minister or person designated in writing by the minister for the purposes of this subsection. , and

(b) by repealing subsection (5).

44 Section 16 is repealed.

 
Local Government Act

45 Section 287.2 (7) of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

(7) This section applies to a council, a board, a greater board, the trust council under the Islands Trust Act, the Okanagan-Kootenay Sterile Insect Release Board or a library board under the Library Act in relation to any person referred to in section 287 (1) [immunity for individual municipal public officers] as though that person were an officer or employee of the applicable corporation, if the action, prosecution or inquiry relates to duties performed or powers exercised by the person for or on behalf of that corporation.

46 Section 341 (2) is amended by repealing paragraphs (a), (e), (e.1) and (f) and substituting the following:

(a) land or improvements owned or held by a regional district, another municipality or a greater board if used by the applicable local government or greater board for its purposes; .

47 Section 809 is amended

(a) in subsection (1) by striking out "owned or held by a regional district are exempt" and substituting "owned or held by a regional district within the boundaries of the regional district are exempt", and

(b) in subsection (4) by adding the following paragraph:

(g) land or improvements owned or held by a municipality, another regional district or a greater board and used by the applicable local government or greater board for its purposes.

 
Mental Health Act

48 Section 1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by adding the following definitions:

"review panel" means a review panel established under section 24.1;

"senior chair" means the senior chair appointed under section 24.1; .

49 The following section is added:

Review panels

24.1 (1) The minister may appoint

(a) the senior chair, and

(b) a board of persons from which review panels may be established by the senior chair.

(2) The senior chair may establish one or more review panels by, for each review panel,

(a) specifying the number of its members,

(b) appointing its members from the board under subsection (1) (b), and

(c) appointing a member to conduct hearings as its chair.

(3) A review panel must include

(a) a medical practitioner,

(b) a member in good standing of the Law Society of British Columbia or a person with equivalent training, and

(c) a person who is not a medical practitioner or a lawyer.

(4) For matters heard under this Act by review panels, the senior chair may

(a) schedule the times the matters will be heard,

(b) assign a matter for hearing to a review panel,

(c) reassign a matter for hearing from one review panel to another review panel, or

(d) schedule 2 or more review panels to hear separate matters at the same time.

(5) A review panel has the power, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

(6) A determination of a review panel under this Act is final and conclusive and is not open to

(a) review in a court except on a question of law or excess of jurisdiction, or

(b) appeal to any body.

(7) A person appointed under this section may be reimbursed for reasonable travelling or out of pocket expenses necessarily incurred in discharging duties under this Act, and, in addition, may be paid the remuneration set by the minister for those duties.

50 Section 25 is amended

(a) in subsection (1.1) by striking out "a chair appointed under subsection (7)" and substituting "the senior chair appointed under section 24.1 (1)",

(b) by adding the following subsection:

(2.2) Despite any defect or apparent defect in the authority for the initial or continued detention of a patient detained under section 22, a review panel must conduct a hearing and determine whether the detention should continue because the factors in section 22 (3) (a) (ii) and (c) continue to describe the condition of the patient. ,

(c) in subsection (3) by striking out "A chair appointed under subsection (7)" and substituting "The senior chair appointed under section 24.1 (1)", and

(d) by repealing subsections (4) and (5) to (8).

 
Mineral Tenure Act

51 Section 14 of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended by adding the following subsection:

(5) Unless the location is one of the following, a land use designation or objective does not preclude application by a recorded holder for any form of permission, or approval of that permission, required in relation to mining activity by the recorded holder:

(a) an area in which mining is prohibited under the Environment and Land Use Act;

(b) a park under the Park Act or the Park (Regional) Act;

(c) a park or ecological reserve under the Protected Areas of British Columbia Act;

(d) an ecological reserve under the Ecological Reserve Act;

(e) a protected heritage property.

52 Section 19 is amended by adding the following subsections:

(7) If an owner of private land opposes entry on the land by a recorded holder on the grounds that the intended activity would obstruct or interfere with an existing operation or activity on the land or with the construction or maintenance of a building, structure, improvement or work on the land, the Mediation and Arbitration Board must determine the impact of the intended entry and must determine which parts of the land would be affected by that entry.

(8) If, under subsection (7), the Mediation and Arbitration Board determines that it is not possible to enter the land or a part of it without obstruction or interference, in addition to any other order it makes, the board must make an order

(a) specifying conditions of entry that will minimize the obstruction to or interference with the existing circumstances of the land, and

(b) specifying compensation for obstruction to or interference with enjoyment of the land.

(9) Without limiting the factors that the board may consider in making a decision under this section, in making a determination under subsections (7) and (8) the board must take into account the extent of the obstruction or interference with respect to the following:

(a) land occupied by a building;

(b) the curtilage of a dwelling house;

(c) orchard land;

(d) land under cultivation.

53 Section 20 is repealed.

54 The following section is added:

Restoration of leases or claims forfeited because of expiry of time for compliance

67 Even if a claim is forfeited or a lease expires under this Act because the recorded holder fails to comply with a requirement of this Act within a time limit, the chief gold commissioner may set aside the forfeiture or the effect of the expiry and allow a further period of time for compliance.

 
Mines Act

55 Section 10 of the Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following subsections:

(2.1) In addition to the powers of the chief inspector under subsection (2), on an application by the owner, agent or manager for a permit under subsection (1) the chief inspector, in writing, may exempt the owner, agent or manager from further compliance with subsection (1) in respect of the proposed work if the proposed work meets the prescribed requirements for exemption.

(2.2) If an application is made under subsection (1) and the applicant claims that subsection (2.1) applies, the chief inspector must make available to the applicant a response to that application in the manner specified in the regulations.

(11) Subsection (1) does not apply to an aggregate mine that meets the prescribed requirements for exemption under this subsection if the aggregate mine is

(a) used exclusively for the construction, maintenance or deactivation of a forest service road or a road authorized under the Forest Act by

(i) a road permit,

(ii) a cutting permit, or

(iii) a timber sale licence that does not provide for cutting permits,

(b) used exclusively for oil and gas activities and pipelines as defined in the Oil and Gas Commission Act and authorized by the Oil and Gas Commission, or

(c) used exclusively for the construction, maintenance or deactivation of a bridge, road, rail, trail, utility or other structure or work under the Ministry of Energy and Mines Act, unless the minister requires a permit for the aggregate mine.

(12) Subsection (1) does not apply to an aggregate mine if the aggregate mine is used exclusively for the construction, maintenance or deactivation of a highway as defined in the Highway Act and the aggregate mine

(a) is owned or operated by the minister responsible for the Highway Act, or

(b) is operated by a person under an agreement for an aggregate mine owned or leased by that minister.

56 Section 38 (2) is amended by adding the following paragraphs:

(j) setting the requirements for exemptions for the purposes of section 10;

(k) defining a word or phrase used but not defined in this Act.

 
Ministry of Transportation and Highways Act

57 Section 34 of the Ministry of Transportation and Highways Act, R.S.B.C 1996, c. 311, is amended by adding the following subsection:

(2.1) Subsection (1) does not apply in respect of the Legislative Precinct as defined in section 1 of the Legislative Assembly Management Committee Act.

 
Motor Vehicle Act

58 Section 189 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(a) in subsection (1) (j) by striking out "on a highway" and substituting "subject to subsection (4), on a highway", and

(b) by adding the following subsection:

(4) Subsection (1) (j) does not apply to a person acting under and in accordance with an authorization given under section 13.2 of the Highway Act.

 
Municipalities Enabling and Validating Act (No. 3)

59 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following section:

Authorization and validation of GVSDD purchase of Ashcroft Ranch

5 (1) In this section:

"Act" means the Greater Vancouver Sewerage and Drainage District Act;

"Ashcroft Ranch" has the same meaning as in the Act;

"GVSDD" means the Greater Vancouver Sewerage and Drainage District.

(2) The GVSDD is conclusively deemed to have had the objects under section 6 (1a) and the powers under section 7 (2a) of the Act on and after September 1, 1999 and any resolution, bylaw or other action of the GVSDD in relation to the Ashcroft Ranch is conclusively deemed to have been validly adopted or taken as of the date that it was adopted or taken, to the same extent that the resolution, bylaw or action would have been valid had sections 6 (1a) and 7 (2a) of the Act been in force on the date the resolution, bylaw or action was adopted or taken.

(3) This section is retroactive to September 1, 1999 and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

60 The following section is added:

Port leases

6 (1) In this section:

"port authority" means a municipality, regional district or prescribed community port authority that has assumed a port lease;

"port lease" means a lease of a part of a parcel of land, if the lease

(a) is assumed by a port authority in relation to an agreement for the transfer of port property to it by the government of Canada, and

(b) has a term exceeding 3 years;

"renew" includes the making of a subsequent lease in relation to the same property between the parties to a port lease or their successors, heirs or assigns.

(2) Despite section 73 (1) (b) of the Land Title Act, a port lease is confirmed and validated as an effective contract between the parties as of the date on which the lease is assumed by the port authority.

(3) If a port lease has been assumed by a port authority before the coming into force of this section, the port authority may continue and renew the lease as if subsection (2) had come into force before the assumption of that lease.

(4) For the purposes of subsection (2), a port authority is deemed to have had the authority to assume a port lease and become the lessor under the lease at the time of the assumption and to have had and to continue to have the authority to carry out and to renew that lease in accordance with its terms.

(5) The Lieutenant Governor in Council may prescribe an organization to be a community port authority for the purposes of this section, and, on being prescribed, this section applies to the port authority retroactively to the date on which the port lease was assumed.

(6) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

 
Protected Areas of British Columbia Act

61 The Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended

(a) in Schedule C by repealing the descriptions of Ed Bird -- Estella Lakes Park, Garibaldi Park, Hesquiat Peninsula Park and Premier Lake Park and substituting the following:

120 ED BIRD -- ESTELLA LAKES 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 2 Tube 1873; except a 30 metre right of way centred on Ministry of Forests' Road Finlay-Russel No. 7829-00.

The whole park containing approximately 5 568 hectares.

149 GARIBALDI 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 Lillooet District and contained within the following described boundaries:

Commencing at the southeast corner of District Lot 7224, Group 1, New Westminster District;

thence westerly along the southerly boundary of District Lot 7224 to the southwest corner of District Lot 7224, and continuing westerly along the westerly prolongation of the southerly boundary of District Lot 7224 a distance of 2.72 kilometres;

thence southerly in a straight line to a point lying 1.65 kilometres due East and 1.85 kilometres due South of the southeast corner of District Lot 3113;

thence northwesterly in a straight line to the most easterly southeast corner of District Lot 6421;

thence westerly, southerly and westerly along the southerly boundary of District Lot 6421 to the easterly boundary of District Lot 3116;

thence southerly along the easterly boundary of District Lot 3116 to the southeast corner of District Lot 3116;

thence southeasterly in a straight line to a point lying 1.65 kilometres due East and 4.45 kilometres due South of the southeast corner of District Lot 3113;

thence due South a distance of 7.23 kilometres;

thence due East a distance of 4.83 kilometres;

thence due South a distance of 9.65 kilometres;

thence due West a distance of 980 metres;

thence due South a distance of 985 metres;

thence due West to a point lying due North of the northeast corner of District Lot 7132;

thence due South a distance of 1.42 kilometres;

thence due West a distance of 200 metres;

thence due South to the northerly boundary of District Lot 7132;

thence westerly along the northerly boundary of District Lot 7132 to the northwest corner of District Lot 7132;

thence due West a distance of 200 metres;

thence due South a distance of 480 metres;

thence southeasterly in a straight line to a point lying 502 metres due South of the southeast corner of District Lot 7132;

thence due South a distance of 300 metres;

thence due East a distance of 804 metres;

thence due South a distance of 342 metres;

thence due East a distance of 3.23 kilometres;

thence due North a distance of 1.81 kilometres and being at the starting point of legal survey 14 Tube 1733 on file with the Surveyor General of British Columbia;

thence easterly, northerly, easterly and northerly along legal survey Plan 14 Tube 1733;

thence due North a distance of 999.995 metres;

thence due East a distance of 3.5 kilometres;

thence due South a distance of 4.83 kilometres;

thence due East a distance of 38.5 kilometres;

thence due North a distance of 10.49 kilometres, of which the most northerly portion is surveyed under Plan 15 Tube 1693 on file with the Surveyor General of British Columbia;

thence due West to a point lying due South of the southeast corner of District Lot 5533, being "Glazier Creek" Indian Reserve No. 12, of which the most easterly portion is surveyed under Plan 15 Tube 1693 on file with the Surveyor General of British Columbia;

thence due North to the southeast corner of District Lot 5533;

thence westerly along the southerly boundary of District Lot 5533 to the southwest corner of District Lot 5533;

thence in a general northerly and easterly direction along the westerly and northerly boundaries of District Lot 5533 to the northeast corner of District Lot 5533, being a point on the southerly shore natural boundary of Glacier Lake;

thence in a general northerly, westerly and southerly direction along the easterly, northerly and westerly shore natural boundaries of Glacier Lake to a point on the westerly shore lying 5.02 kilometres due North and approximately 935 metres due East of the southeast corner of District Lot 5533, being "Glazier Creek" Indian Reserve No. 12;

thence due West a distance of 3.2 kilometres;

thence due North a distance of 7.24 kilometres;

thence due West a distance of 6.44 kilometres;

thence due North approximately 30 kilometres to the 50°14´ parallel of North latitude;

thence westerly along the 50°14´ parallel of North latitude a distance of 19.31 kilometres, of which the portion crossing Ure Creek is surveyed under Plan 12 Tube 1693 on file with the Surveyor General of British Columbia;

thence due South a distance of 9.25 kilometres;

thence due West a distance of 4.71 kilometres;

thence due South to the left bank natural boundary of Blackcomb Creek, and continuing due South to a point on a line drawn parallel to and 50 metres perpendicularly distant from the natural boundary of Blackcomb Creek;

thence in a general southeasterly direction along a line drawn parallel to and 50 metres perpendicularly distant from the left bank natural boundary of Blackcomb Creek to UTM North 5550951 metres UTM Zone 10;

thence to UTM North 5550951 metres East 508717 metres;

thence to UTM North 5548647 metres East 509730 metres;

thence to UTM North 5547678 metres East 509730 metres;

thence to UTM North 5547678 metres East 508630 metres;

thence to UTM North 5546978 metres East 508630 metres;

thence to UTM North 5546978 metres East 506130 metres;

thence to UTM North 5545478 metres East 506130 metres;

thence to UTM North 5545325 metres East 506553 metres;

thence to a point offset 100 metres easterly of the easterly boundary of the watershed of Flute Creek at UTM North 5544934 metres:

thence southwesterly along a line offset 100 metres easterly and southerly of the said Flute Creek watershed boundary to a point due South 100 metres of the summit of Flute Summit;

thence to UTM North 5542977 metres East 504822 metres;

thence to UTM North 5543455 metres East 504398 metres;

thence to the summit of Piccolo Summit;

thence to UTM North 5544841 metres East 502733 metres;

thence to UTM North 5544873 metres East 501366 metres (a point lying approximately 4.02 kilometres due South and 200 metres due East of the southeast corner of District Lot 5316);

thence due South a distance of 3.25 kilometres;

thence due West a distance of 5.63 kilometres;

thence due South to a point lying due East of the southeast corner of District Lot 7224;

thence due West to the southeast corner of District Lot 7224, being the point of commencement;

except Block A of District Lot 7132.

The whole park containing approximately 194 676 hectares.

172 HESQUIAT PENINSULA PARK

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

Commencing at Escalante Point on the northerly shore natural boundary of Hesquiat Peninsula lying due North 20 metres and due West approximately 1.68 kilometres from the northeast corner of the south 1/2 of Section 30, Township 2;

thence in a general easterly direction along the natural boundary of Hesquiat Peninsula to the intersection with the northerly boundary of the south 1/2 of Section 30;

thence easterly along the northerly boundary a distance of approximately 1.04 kilometres to the southwesterly boundary of the watershed of Escalante River (as established on TRIM Digital Elevation Model 092E058);

thence in a general southeasterly direction along the southwesterly boundary of the watershed of Escalante River to the intersection with the northerly boundary of Section 20;

thence westerly along the northerly boundary of Section 20 to a point lying 800 metres due East of the northwest corner of Section 20;

thence due South a distance of approximately 8.0 kilometres to a point lying due East 800 metres from the northeast corner of Section 30, Township 1;

thence southeasterly in a straight line to a point of intersection with the westerly boundary of Section 28, Township 1, lying due West of the northwest corner of "Teahmit" Indian Reserve No. 3;

thence due East to the northwest corner of "Teahmit" Indian Reserve No. 3;

thence northeasterly on a bearing of 37° to the intersection with the northerly boundary of Section 35, Township 1;

thence easterly along the northerly boundaries of Sections 35 and 36 to the southwest corner of "Maahpe" Indian Reserve No. 4;

thence northerly along the westerly boundaries of "Maahpe" Indian Reserve No. 4 and District Lot 1598 to the northwest corner of the Lot;

thence easterly along the northerly boundary of District Lot 1598 to the westerly limit of Pacific Forest Products road right of way R01008, Section 38;

thence in a general southeasterly direction along the westerly limit of Pacific Forest Products road right of way R01008, Sections 38 and 18, to UTM North 5482729 metres in UTM Zone 9;

thence southwesterly in a straight line to the northeast corner of District Lot 1146;

thence westerly along the northerly boundary of District Lot 1146 to the northwest corner of District Lot 1146, being a point on the easterly shore natural boundary of Hesquiat Harbour;

thence due West to a point lying parallel to and 500 metres perpendicularly distant from the easterly shore natural boundary of Hesquiat Harbour;

thence in a general northerly, westerly, southerly and westerly direction along a line drawn parallel to and perpendicularly distant 500 metres from the natural boundary of the Hesquiat Peninsula on the easterly, southerly and westerly shores of Hesquiat Harbour, to a point lying South of Estevan Point Lighthouse;

thence due North to the southerly shore natural boundary of Hesquiat Peninsula;

thence in a general northwesterly direction along the natural boundary of Hesquiat Peninsula, on the westerly shore of Hesquiat Harbour, to the southeast corner of "Homais" Indian Reserve No. 2;

thence northerly and westerly along the easterly and northerly boundaries of "Homais" Indian Reserve No. 2 to the southeast corner of Section 18A, Township 1;

thence northerly along the easterly boundary of Section 18A to the natural boundary of Hesquiat Peninsula, on the westerly shore of Hesquiat Harbour;

thence in a general northerly direction along the natural boundary of Hesquiat Peninsula, on the westerly shore of Hesquiat Harbour, to Escalante Point, being the point of commencement;

except (1) "Hesquiat" Indian Reserve No. 1; (2) "Teahmit" Indian Reserve No. 3; (3) "Maahpe" Indian Reserve No. 4; (4) the south 1/2 of Fractional Section 11, Township 1; and (5) the foreshore area defined by commencing at UTM North 5482806 metres East 687631 metres in UTM Zone 9, thence clockwise to UTM North 5482798 metres East 687523 metres, thence to UTM North 5482760 metres East 687442 metres, thence to UTM North 5482656 metres East 687413 metres, thence to UTM North 5482486 metres East 687400 metres, thence to UTM North 5482415 metres East 687272 metres, thence to UTM North 5482522 metres East 687140 metres, thence to UTM North 5482840 metres East 687319 metres, thence to UTM North 5482938 metres East 687417 metres, thence to UTM North 5482960 metres East 687559 metres, thence to the point of commencement.

The whole park containing approximately 7 888 hectares (6 689 hectares of upland and 1 199 hectares of foreshore).

311 PREMIER LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kootenay District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 14 Tube 1809; except (1) a 30 metre right of way centred on Ministry of Forests' Road Premier Lake No. 7612.01; and (2) Ministry of Transportation and Highways Premier Lake road right of way shown on District Plan 23-24.

The whole park containing approximately 837 hectares. , and

(b) in Schedule D by repealing the descriptions of Arrowstone Park and Indian Arm Park and substituting the following:

3 ARROWSTONE 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 6 Tube 1849; except a 30 metre right of way centred on Ministry of Forests' Road Indian Hills Main No. 5482-01.

The whole park containing approximately 6 153 hectares.

41 INDIAN ARM PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in New Westminster District, Group 1 and contained within the following described boundaries:

Firstly: commencing at the southwest corner of District Lot 1352, NWD, Group 1;

thence easterly along the southerly boundary of District Lot 1352 to the southeast corner of District Lot 1352, being the westerly shore natural boundary of Indian Arm;

thence northeasterly in a straight line to the northwest corner of Lot 8, Section 15, Township 5, Range 7, W7M, Plan 3415 and the easterly shore natural boundary of Indian Arm;

thence easterly along the northerly boundary of Lot 8 to the northeast corner of Lot 8;

thence in a southerly direction along the easterly boundary of Lot 8 to the northwest corner of Parcel A, Section 15, Township 5, Range 7, W7M, Plan 10989;

thence easterly along the northerly boundary of Parcel A to the northwest corner of Lot 6, Township 5, Range 7, W7M, Plan 3415;

thence easterly along the northerly boundary of Lot 6 to the northeast corner of Lot 6;

thence southerly along the easterly boundaries of Lots 1 to 6 inclusive, Section 15, Township 5, Range 7, W7M, Plan 3415 to the northeast corner of Legal Subdivision 16, Section 10, Township 5;

thence southerly along the easterly boundaries of Legal Subdivisions 16, 9, 8 and 1 of Section 10, Township 5, Range 7, W7M, to the northwest corner of Legal Subdivision 13, Section 2, Township 5;

thence easterly along the northerly boundary of Legal Subdivision 13, Section 2, Township 5, Range 7, W7M, to the northeast corner of Legal Subdivision 13, Section 2, Township 5;

thence southerly along the easterly boundaries of Legal Subdivisions 13, 12, 5 and 4 of Section 2, Township 5, Range 7, W7M, to the northeast corner of Legal Subdivision 13 of Section 35, Township 4, Range 7, W7M;

thence southerly along the easterly boundary of Legal Subdivision 13 to the northerly boundary of Legal Subdivision 15, Section 32, Township 39, WCM;

thence easterly along the northerly boundary of Legal Subdivision 15 to the northeast corner of Legal Subdivision 15;

thence southerly along the easterly boundaries of Legal Subdivisions 15, 10, 7 and 2, of Township 39, to the southwest corner of Legal Subdivision 1, Section 32, Township 39, WCM;

thence easterly along the southerly boundaries of Sections 32 and 33, to the southeast corner of Section 33;

thence northerly along the easterly boundary of Section 33 to a point, being the intersection with the westerly boundary of the watershed of Coquitlam Lake;

thence in a general northerly direction along the Coquitlam Lake watershed boundary to a point, lying due North 700 metres and approximately 200 metres due East of the intersection of the right bank natural boundaries of Grand Creek and the westerly shore of Grand Lake;

thence due West a distance of 1.8 kilometres;

thence due North a distance of 300 metres;

thence due West a distance of 1.23 kilometres;

thence due South a distance of 3.9 kilometres to a point lying due North 400 metres and due East approximately 1.4 kilometres of the southeast corner of "Inlailawatash" Indian Reserve No. 4;

thence due West in a straight line a distance of approximately 1.4 kilometres to the easterly boundary of "Inlailawatash" Indian Reserve No. 4;

thence northerly and westerly along the easterly and northerly boundaries of "Inlailawatash" Indian Reserve No. 4 to the left bank natural boundary of Indian River;

thence due West across Indian River to the right bank natural boundary of Indian River;

thence northerly along the right bank natural boundary of Indian River to the southeast corner of "Inlailawatash" Indian Reserve No. 4A;

thence westerly, northerly and easterly along the southerly, westerly and northerly boundaries of "Inlailawatash" Indian Reserve No. 4A to the right bank natural boundary of Indian River;

thence northerly along the natural boundary of Indian River to the northeast corner of District Lot 819;

thence westerly along the northerly boundary of District Lot 819 to the northwest corner;

thence approximately 1.9 kilometres due West to the westerly boundary of the watershed of Indian River;

thence in a general southerly direction along the westerly boundary of the watershed of Indian River and the westerly boundary of the watershed of those creeks flowing easterly into Indian Arm, including Wigwam and Clementine Creeks, to a point lying approximately 1.0 kilometre due West of the southwest corner of District Lot 1027;

thence due East to the southwest corner of District Lot 1027;

thence easterly along the southerly boundary of District Lot 1027 to the northwest corner of District Lot 824;

thence southerly along the westerly boundary of District Lot 824 to the northeast corner of District Lot 1350;

thence westerly and southerly along the northerly and westerly boundaries of District Lot 1350 to the northwest corner of District Lot 1460;

thence southerly and easterly along the westerly and southerly boundaries of District Lot 1460 to the northwest corner of District Lot 872;

thence southerly along the westerly boundary of District Lot 872 to the northerly boundary of District Lot 1404;

thence westerly and southerly along the northerly and westerly boundaries of District Lot 1404 to the northwest corner of District Lot 873;

thence southerly and easterly along the westerly and southerly boundaries of District Lot 873 to the northwest corner of District Lot 1351;

thence southerly along the westerly boundaries of District Lots 1351 and 1352, to the northwest corner of District Lot 1352, being the point of commencement;

except (1) the bed and foreshore of a portion of Burrard Inlet shown on Plan 9 Tube 1565, on file with the Surveyor General of British Columbia; (2) that portion of Plan 11 Tube 1562, on file with the Surveyor General of British Columbia, west and north of a line commencing at the iron pin at approximately UTM North 5478887 metres East 509046 metres, Zone 10, thence to the rock post at approximately UTM North 5478868 metres East 509032 metres, Zone 10, thence due South to the natural boundary of Indian Arm, being the boundary of Plan 11 Tube 1562; and (3) Parcel "B" shown on Lease Plan No. 2000-016, Vancouver Port Authority.

Secondly: commencing at the northeast corner of Legal Subdivision 15, Section 3, Township 4, Range 7, W7M;

thence westerly along the northerly boundary of Legal Subdivision 15 to the northeast corner of Legal Subdivision 14, Section 3, of Township 4;

thence southerly along the easterly boundary of Legal Subdivision 14 to the northeast corner of Legal Subdivision 11, Section 3, Township 4, Range 7, W7M;

thence westerly along the northerly boundaries of Legal Subdivisions 12 and 11 to the natural boundary of Indian Arm;

thence southwesterly along the natural boundary of Indian Arm to the westerly boundary of Section 33, Township 39, WCM;

thence southerly along the westerly boundary of Section 33 to the northerly boundary of Legal Subdivision 13, Section 31, Township 39, WCM;

thence westerly along the northerly boundary of Legal Subdivision 13 to the natural boundary of Indian Arm;

thence southwesterly along the natural boundary of Indian Arm to the southerly boundary of Legal Subdivision 9, Section 36, Township 39, WCM;

thence easterly along the southerly boundary of Legal Subdivision 9 to the southwest corner of Legal Subdivision 12, Section 31, Township 39, WCM;

thence easterly along the southerly boundaries of Legal Subdivisions 12 and 11 to the southwest corner of the northeast 1/4 of Section 31, Township 39, WCM;

thence easterly along the southerly boundary of the northeast 1/4 section of Section 31 to the southeast corner of the northeast 1/4 of Section 31;

thence northerly along the easterly boundary of the northeast 1/4 section of Section 31 to the southerly boundary of Section 34, Township 4, W7M;

thence easterly along the southerly boundary of Section 34 to the southwest corner of Legal Subdivision 16, Section 34, Township 4, Range 7, W7M;

thence northerly along the westerly boundary of Legal Subdivision 16 to the southwest corner of Legal Subdivision 1, Section 3, Township 4, W7M;

thence northerly along the westerly boundaries of Legal Subdivisions 1, 8, 9 and 16 to the point of commencement.

Thirdly: the unsurveyed Crown islands, situated in Indian Arm, known as Twin Islands (containing approximately 3 hectares) and Racoon Island (containing approximately 2 hectares).

The whole park containing approximately 6 822 hectares.

 
Public Sector Employers Act

62 Section 8 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is repealed.

63 The following section is added:

Minister may require that bylaws and constitution be revised

8.1 (1) Despite the Society Act, the minister may request an employers' association to

(a) amend or repeal an existing bylaw or rule or make a new bylaw or rule, or

(b) amend or repeal a provision of its constitution or make a new provision of its constitution.

(2) If an employers' association does not comply with the minister's request under subsection (1) within 60 days after the date of the request, the Lieutenant Governor in Council, in accordance with the request, may

(a) amend or repeal the existing bylaw or rule or make the new bylaw or rule, or

(b) amend or repeal the existing provision of the constitution or make the new provision of the constitution.

(3) A bylaw or rule may not be made, amended or repealed under subsection (2) (a) unless notice of the proposed bylaw, rule, amendment or repeal is given to the employers' association

(a) at least 30 days before the bylaw, rule, amendment or repeal comes into force, or

(b) within a period shorter than that set out in paragraph (a) that the minister considers appropriate in the circumstances.

(4) A provision of the constitution of an employers' association may not be made, amended or repealed under subsection (2) (b) unless notice of the proposed provision, amendment or repeal is given to the employers' association

(a) at least 30 days before the provision, amendment or repeal comes into force, or

(b) within a period shorter than that set out in paragraph (a) that the minister considers appropriate in the circumstances.

64 The following section is added to Division 1:

Appointment of public administrator

9.1 (1) The Lieutenant Governor in Council may appoint a public administrator to discharge the powers, duties and functions of a board of directors of an employers' association if the Lieutenant Governor in Council considers this necessary in the public interest.

(2) On appointment of a public administrator, the members of the board of directors cease to hold office unless otherwise ordered by the Lieutenant Governor in Council.

(3) The Lieutenant Governor in Council may specify

(a) the powers, duties and responsibilities of a public administrator appointed under this section,

(b) the terms and conditions for management of the property and affairs of the employers' association by a public administrator, or

(c) how the employers' association will operate after the termination of the appointment of a public administrator.

 
Public Sector Pension Plans Act

65 Section 19 of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is amended

(a) by adding the following subsection:

(2.1) In this section, "minister" means the minister charged with administration of the Financial Administration Act. ,

(b) in subsection (3) by striking out "On the coming into force of this subsection, the investment management board must have 7 directors as follows:" and substituting "The investment management board is continued and has 7 directors as follows:",

(c) in subsection (3) (e) by striking out "Minister of Finance and Corporate Relations" and substituting "minister",

(d) by repealing subsection (3) (f) and substituting the following:

(f) one other director appointed by the minister. ,

(e) in subsection (4) by striking out "Deputy Minister of Finance and Corporate Relations" and substituting "director appointed under subsection (3) (f)",

(f) by repealing subsection (5) and substituting the following:

(5) Each director appointed under subsection (3) has one vote on the board. ,

(g) in subsections (6) and (7) by striking out "subsection (3) (a) to (e)" and substituting "subsection (3) (a) to (f)",

(h) in subsection (8) by striking out "Despite subsection (1) (a) to (e) or (3) (a) to (e)" and substituting "Despite subsection (3) (a) to (f)",

(i) in subsection (9) (b) by striking out "subsection (1) or (3)" and substituting "subsection (3)",

(j) by repealing subsection (11.1) and substituting the following:

(11.1) The chair may appoint one of the other directors to act, in the chair's absence, as chair of the investment management board, but the appointment may be made only if

(a) a quorum has been established under subsection (11) consisting of fewer than the number of directors required under subsection (10), and

(b) the chair's presence is not necessary for constituting the quorum. , and

(k) in subsection (11.2) by striking out "Deputy Minister of Finance and Corporate Relations" and substituting "director appointed under subsection (3) (f)".

 
Public Service Labour Relations Act

66 Section 1 of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in the definition of "employee" by adding the following paragraph:

(f.1) a person employed as an industrial relations officer or employment standards officer of the Employment Standards Branch; .

 
Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000

67 Section 14 of the Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000, S.B.C. 2000, c. 11, is repealed.

 
Social Service Tax Act

68 Section 29 (3) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is repealed and the following substituted:

(3) In each calendar year in which tax is payable under subsection (1), the tax rate in respect of the vehicle is the rate shown opposite the applicable calendar year as follows:

69 Section 33 (3), (4) and (5) is repealed.

 
Waste Management Act

70 Section 3 (5) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by adding the following paragraph:

(n) an owner, agent or manager as defined in the Mines Act from carrying out an activity related to mineral and coal exploration if that activity is exempted under section 10 (2.1) of that Act.

Transitional -- Liquor Appeal Board

71 (1) Despite sections 38, 43 (b) and 44 of this Act, the Liquor Appeal Board is continued for the sole purpose of hearing and deciding appeals of

(a) matters in respect of which a written notice of appeal was delivered in accordance with section 31 (5) of the Liquor Control and Licensing Act before the coming into force of section 38 of this Act, and

(b) decisions that were appealed under section 16 of the Liquor Distribution Act before the coming into force of sections 43 (b) and 44 of this Act.

(2) For the purposes of subsection (1), sections 30 and 31 of the Liquor Control and Licensing Act, as those sections read before the coming into force of section 38 of this Act, continue to apply to any matter referred to in subsection (1) (a) of this section, and sections 15 and 16 of the Liquor Distribution Act, as those sections read before the coming into force of sections 43 (b) and 44 of this Act, continue to apply to any matter referred to in subsection (1) (b) of this section.

(3) Subject to subsections (1) and (2), the Liquor Appeal Board is dissolved and the appointments of the chair and the other members of that board are terminated.

Validation of actions requiring oath under the Police Act

72 (1) If a person took an oath or affirmation under the Police Oath/Solemn Affirmation Regulation, B.C. Reg. 204/98, or under the Oath Regulation, B.C. Reg. 113/76 on or after July 1, 1989, an assumption of office, an exercise of a power or a performance of a duty by the person after taking the oath is not invalid by reason only that the person did not take an oath or affirmation in the prescribed form.

(2) On its coming into force, subsection (1) has the retroactive effect necessary to give the provision effect.

Commencement

73 (1) Sections 6, 8 to 10, 12, 14, 30 to 36, 39 to 42, 46 to 57, 59, 65 and 70 come into force by regulation of the Lieutenant Governor in Council.

(2) Section 68 comes into force on October 1, 2002.