BILL 12 – 2008
MUSQUEAM RECONCILIATION, SETTLEMENT AND BENEFITS AGREEMENT
IMPLEMENTATION ACT
HER MAJESTY, by and with the
advice and consent of the Legislative Assembly of the Province of
British Columbia, enacts as follows:
Definitions
1
In this Act:
"agreement"
means the Reconciliation, Settlement and Benefits Agreement between the
Musqueam Indian Band and Her Majesty the Queen in right of the Province
of British Columbia dated for reference March 11, 2008;
"Block F"
means those lands legally described as PID 013-763-938,
Block F, District Lot 140, Group 1, New Westminster District;
"Block K"
means those lands legally described as PID 013-764-021,
Block K, District Lot 140, Group 1, New Westminster District;
"charge"
has the same meaning as in the Land Title Act and
includes any notations against an indefeasible title and, in section 3
(1) (a), includes covenants described in section 17 of the University
Endowment Land Act;
"designated company"
means a corporation specified by regulation of the minister under
section 11 for the purposes of sections 2 and 3 (1);
"effective date"
means the date that is specified as the effective date by regulation of
the minister under section 11;
"instrument"
has the same meaning as in the Land Title Act;
"land title office"
has the same meaning as in the Land
Title Act;
"lease"
means the lease in favour of UGCC Holdings Inc. dated May 17, 1985 and
registered in the land title office under number N40074, as modified by
those instruments registered in the land title office under numbers
GB125274, GD98736 and BV92595;
"minister"
means the Minister of Aboriginal Relations and Reconciliation;
"Musqueam Indian Band"
means the band, as defined in the Indian Act
(Canada), named the Musqueam Indian Band, and the Musqueam Nation or
Musqueam First Nation, all of which must be interpreted to refer to the
same collective group of traditional aboriginal peoples;
"registrar"
has the same meaning as in the Land Title Act;
"UBC Golf Course lands"
means those lands legally described as
(a) PID 006-707-289, Block A,
District Lot 3900, Group 1, NWD, Plan 20266, and
(b) PID 006-707-483, Block B,
District Lot 3900, Group 1, NWD, Plan 20266.
Vesting of
UBC Golf Course Lands
2
On the effective date, and despite sections 27, 46.1, 50 (2) (a) and 53
of the University Act and any other enactment or
law to the contrary,
(a) a fee simple estate in the UBC
Golf Course lands is vested in the applicable designated company free
and clear of all charges other than the following:
(i) the statutory right of way
registered against the title to Block A in the land title office in
favour of Her Majesty the Queen in right of the Province of British
Columbia under number N31664;
(ii) the lease;
(iii) the mortgage of the lease
registered against the title to Block B in the land title office in
favour of the Bank of British Columbia under number P1480;
(iv) the sub-lease of the lease
registered against the title to Block A in the land title office in
favour of The British Columbia Golf House Society under
number GB143237;
(v) the mortgage of the lease
registered in the land title office in favour of Hongkong Bank of
Canada under number GD44966, as modified by those instruments
registered in the land title office under numbers BP77824 and
BB253596;
(vi) the undersurface rights and
other reservations and exceptions registered in the land title office
under number BW194454;
(vii) any other charges added by
regulation under section 11, and
(b) the benefit of all covenants in
the lease in favour of the lessor are vested in the applicable
designated company.
Vesting of
Block F and Block K
3
(1) On the effective date, and despite any other enactment or law to
the contrary,
(a) a fee simple estate in Block F
is vested in the applicable designated company free and clear of all
charges other than the following:
(i) all exceptions and
reservations set out in section 50 (1) of the Land Act,
as if the vesting referred to in this paragraph were a disposition of
Crown land under that Act;
(ii) the statutory right of way
registered in the land title office in favour of Her Majesty the Queen
in right of the Province of British Columbia under number GC51902;
(iii) the statutory right of way
registered in the land title office in favour of BC Gas Inc. under
number BE313681;
(iv) any conditional or final
water licence or substituted water licence issued or given under the Water
Act, or any prior enactment of
the Province of British Columbia of like effect, and the rights of the
holder of it as of April 21, 1989, to enter on the land and to
maintain, repair and operate any works permitted on the land under the
licence;
(v) any other charges added by
regulation under section 11, and
(b) a fee simple estate in Block K
is vested in the applicable designated company free and clear of all
charges other than the following:
(i) all exceptions and
reservations set out in section 50 (1) of the Land Act,
as if the vesting referred to in this paragraph were a disposition of
Crown land under that Act;
(ii) the statutory right of way
registered in the land title office in favour of Her Majesty the Queen
in right of the Province of British Columbia under number GC51902;
(iii) any conditional or final
water licence or substituted water licence issued or given under the Water
Act, or any prior enactment of
the Province of British Columbia of like effect, and the rights of the
holder of it as of April 21, 1989, to enter on the land and to
maintain, repair and operate any works permitted on the land under the
licence;
(iv) any other charges added by
regulation under section 11.
(2) On the effective date, Block F
and Block K cease to be a regional park within the meaning of the Local
Government Act, and, without limitation, the vestings
referred to in this section take effect free of any dedication to the
public.
(3) On the effective date, and
despite the University Endowment Land Act, the
minister responsible for the administration of that Act may, on behalf
of the government, indicate in writing his or her support for the
addition of Block K to Musqueam Indian Reserve No. 2.
Land Use,
Building and Community Administration
Bylaw and the Official Community Plan
4
(1) In this section:
"Land Use, Building and
Community Administration Bylaw" means the Land Use,
Building and Community Administration Bylaw as confirmed and validated
by section 4 of the University Endowment Land Amendment
Act, 1989, S.B.C. 1989, c. 41, and amended under
the University Endowment Land Act;
"Official Community
Plan" means the University Endowment Lands Official
Community Plan, adopted on October 4, 2005 by the minister responsible
for the administration of the University Endowment Land Act.
(2) On the effective date, despite
the University Endowment Land Act and
section 8 of the Land Use, Building and Community Administration Bylaw
and subject to subsection (3) of this section,
(a) Schedule 1 to the Land Use,
Building and Community Administration Bylaw is conclusively deemed to
be amended to include Block F in the Multiple Dwelling District,
Low-Rise (MF-1) Land Use District, and
(b) the Official Community Plan is
conclusively deemed to be amended in
(i) section 2.2 to include Block
F in the description of Area D,
(ii) Figure 1 to include Block F
in Area D,
(iii) Figure 2 to include Block
F in RMF1: MULTI-FAMILY (low rise), and
(iv) Figure 3 to exclude Block F
from Pacific Spirit Regional Park.
(3) Subsection (2) does not operate
and must not be interpreted to prevent the enactment or variation of a
bylaw under the authority of the University Endowment Land
Act after the effective date, including, without limitation,
a bylaw or variation of a bylaw that applies to Block F.
Minister's
direction to the registrar
5
(1) On making a regulation under section
11 (1) (a), (b) or (c), the minister may issue and file with the
registrar a certificate that certifies the following:
(a) the legal descriptions of the
UBC Golf Course lands, Block F and Block K;
(b) in accordance with section 11,
the name of the designated company in which the fee simple estate to
each of the UBC Golf Course lands, Block F and Block K is
vested;
(c) the charges set out in sections
2 (a) and 3 (1) (a) and (b) against the title to each of the UBC Golf
Course lands, Block F and Block K.
(2) The certificate referred to in
subsection (1) constitutes conclusive evidence to the registrar that
the designated company named in the certificate is entitled to a good
safe holding and marketable title in fee simple in respect of the UBC
Golf Course lands, Block F or Block K, as the case may be, subject only
to the charges set out in the certificate.
(3) On receiving a certificate of
the minister under subsection (1), the registrar must
(a) cancel any charges that are not
set out in the certificate and any instruments registrable in the same
manner as a charge registered against the title to the UBC Golf Course
lands, Block F or Block K before cancellation of the
indefeasible titles under paragraph (c),
(b) register an indefeasible title
to each of the UBC Golf Course lands, Block F and Block K in
the name of the designated company subject to the charges referred to
in subsection (1) (c), and
(c) cancel the existing
indefeasible titles to the UBC Golf Course lands, Block F and
Block K.
Section 23
(2) of the Land Title Act
6
Section 23 (2) (a) of the Land Title Act does not
apply to the indefeasible titles to Block F or Block K
registered in accordance with section 5 (3) (b) or any indefeasible
title derived from them and the registrar must endorse each
indefeasible title to which this section applies with a notation to
this effect.
Compensation
7
(1) On the effective date, the amount of $20.8 million is payable to
the University of British Columbia by the government as compensation
for the vesting referred to in section 2.
(2) The compensation payable under
subsection (1) constitutes full and final settlement of any and all
claims by the University of British Columbia in relation to the vesting
referred to in section 2.
(3) No compensation is payable to
the Greater Vancouver Regional District as a consequence of the
vestings referred to in section 3 and any and all claims by the Greater
Vancouver Regional District in relation to the vestings referred to in
section 3 are extinguished.
No legal
proceeding
8
No legal proceeding for damages or compensation lies or may be
commenced or maintained against the government, the Musqueam Indian
Band or a designated company in respect of a matter referred to in
section 2, 3 or 4.
Appropriation
9
(1) Despite section 21 (3) of the Financial Administration
Act, the minister may pay out of the consolidated revenue
fund amounts required for the purposes of
(a) implementing the agreement and
this Act, and
(b) fulfilling the obligations of
the government under the agreement and this Act.
(2) For the purposes of subsection
(1),
(a) a circumstance, a transaction,
a matter or an event that occurs and gives rise to a payment under that
subsection, and
(b) a payment made under that
subsection
are conclusively deemed in relation
to the government to have occurred or been made on the earlier of the
date of the occurrence or payment and March 31, 2008.
Balanced
Budget and Ministerial Accountability Act
10
Amounts of money required to be provided or paid under section 9 (1)
are not to be taken into account for the purposes of calculating the
actual amounts of operating expenses under section 5 (1) of the Balanced
Budget and Ministerial Accountability Act.
Power to
make regulations
11
(1) The minister may by regulation
(a) specify a date as the effective
date for the purposes of this Act,
(b) designate a corporation for the
purposes of sections 2 and 3 (1),
(c) add one or more charges to
section 2 (a) or 3 (1) (a) or (b), and
(d) correct or update a reference to
(i) one or more charges referred
to in section 2 (a) or 3 (1) (a) or (b), or
(ii) one or more legal
descriptions referred to in this Act.
(2) Under subsection (1) (b), the
minister may designate one or more corporations and specify the
purposes for which each corporation is designated.
(3) Subsection (1) (c) is repealed
on the day after the effective date.
(4) The minister may not make a
regulation under subsection (1) (d) that comes into force later than 30
days after the effective date.
This Act
prevails
12
In the event of a conflict or an inconsistency between this Act or an
enactment made under this Act and any other enactment, this Act
prevails.
Consequential Amendment
Expropriation Act
13
Section 2 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended
by adding the following subsection:
(6) This Act does not apply to an
expropriation under the Musqueam Reconciliation, Settlement
and Benefits Agreement Implementation Act.
Commencement
14
This Act comes into force on the date of Royal Assent.