BILL 43 – 2008
MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2008
HER
MAJESTY, by and with the
advice and consent of the Legislative Assembly of the Province of
British Columbia, enacts as follows:
Attorney
General Statutes
Amendment Act, 2007
1
Section
47 (c) of the Attorney General Statutes Amendment Act, 2007, S.B.C.
2007, c. 14, as it enacts section 26 (1) (g) of the Motor
Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the
following substituted:
(g) is
refused a driver's licence
in another province for failure to pay maintenance, support or alimony
in that province.
Builders Lien Act
2
Section
1.1 (a) of the Builders Lien Act, S.B.C. 1997, c. 45, is amended by
adding "the Transportation Investment
Corporation," after "Minister
of Transportation,".
Community Charter
3
Section
119 of the Community Charter, S.B.C. 2003, c. 26, is amended by adding
the following subsection:
(1.1)
Subject to subsections (3) and
(4), the term of office for a council member appointed to office ends
immediately before the first council meeting date referred to in
section 125 (1) that follows the next general local election.
4
Section
279 is amended by striking out "the
Lieutenant Governor in Council may not issue letters patent
incorporating the new municipality" and
substituting "letters patent incorporating
the new municipality may not be issued".
Employment Standards Act
5
The
Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by adding
the following section:
Reservists' leave
52.2
(1) In this section:
"Canadian
Forces"
has the same meaning as in section 14 of the National
Defence Act (Canada);
"reservist"
means a member of the reserve force, as defined in section 2 (1) of the
National Defence Act (Canada).
(2)
Subject to the regulations, an
employee who is a reservist and who requests leave under this section
is entitled to unpaid leave, for the period described in subsection
(3), if
(a) the
employee is deployed to a
Canadian Forces operation outside Canada or is engaged, either inside
or outside Canada, in a pre-deployment or post-deployment activity
required by the Canadian Forces in connection with such an operation,
(b) the
employee is deployed to a
Canadian Forces operation inside Canada that is or will be providing
assistance in dealing with an emergency or with its aftermath, or
(c) the
prescribed circumstances
apply.
(3) An
employee who is a reservist
is entitled to take leave under this section for the prescribed period
or, if no period is prescribed, for as long as
subsection (2) (a), (b) or (c) applies to
the employee.
(4)
Subject to subsection (5), a
request for leave must
(a) be
in writing,
(b) be
given to the employer,
(i)
unless subparagraph (ii) or
(iii) applies, at least 4 weeks before the employee proposes to begin
leave,
(ii)
in the case of leave under
subsection (2) (a) or (b), if the employee receives notice of the
deployment less than 4 weeks before it will begin, as soon as
practicable after the employee receives the notice, or
(iii)
in the case of leave under
subsection (2) (c), within the prescribed period, and
(c)
include the date the employee
proposes to begin leave and the date the employee proposes to return to
work.
(5) If
circumstances require leave
to be taken beyond the date specified in the request under subsection
(4) (c), the employee must
(a)
notify the employer of the need
for the extended leave and of the date the employee now proposes to
return to work, and
(b)
provide the notice referred to
in paragraph (a),
(i)
unless subparagraph (ii) or
(iii) applies, at least 4 weeks before the date the employee had
proposed, in the request under subsection (4), to return to work,
(ii)
in the case of leave under
subsection (2) (a) or (b), if the employee receives notice of the
extended deployment less than 4 weeks before the date referred to in
subparagraph (i), as soon as practicable after the employee receives
the notice, or
(iii)
in the case of a leave
under subsection (2) (c), within the prescribed period.
(6) If
an employee who is a
reservist proposes to return to work earlier than specified in the
request submitted under subsection (4) or the notice provided under
subsection (5), if applicable, the employee must notify the employer of
this proposal at least one week before the date the employee proposes
to return to work.
(7) An
employer may require an
employee who takes leave under this section to provide further
information respecting the leave.
(8) If
an employer requires an
employee to provide further information under subsection (7), the
employee must
(a)
provide the prescribed
information in accordance with the regulations, or
(b) if
no information is
prescribed, provide information reasonable in the circumstances to
explain why subsection (2) (a), (b) or (c) applies to the employee and
provide it within a reasonable time after the employee learns of the
requirement under subsection (7).
6
Section
56 is amended by adding the following subsection:
(5)
Subsection (2) does not apply to
an employee on leave under section 52.2.
7
Section
127 (2) is amended by adding the following paragraph:
(u) for
the purposes of section
52.2,
(i)
restricting the number of
leaves within a specified period of time to which an employee who is a
reservist is entitled,
(ii)
prescribing circumstances
for the purposes of subsection (2) (c) of that section and periods of
time for the purposes of subsections (3), (4) (b) (iii)
and (5) (b) (iii) of that section, and
(iii)
respecting information to
be provided for the purposes of subsection (8) of that section.
Environmental Management Act
8
Section
31 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is
amended by striking out "or supplementary
letters patent".
Final Agreement Consequential
Amendments Act, 2007
9
Section
13 (c) of the Final Agreement Consequential Amendments Act, 2007,
S.B.C. 2007, c. 36, as it amends section 2 of the Assessment Act is
repealed and the following substituted:
(c)
in paragraph (b) by striking out "in the
municipality" and substituting "in
the municipality or treaty lands".
10
Sections
82 to 87 are repealed.
11
Section
90 as it enacts section 6.1 of the Home Owner Grant Act is amended by
striking out "low income grant supplement"
and substituting "low-income grant supplement".
12
Section
113 is amended as it enacts Schedule 1 of the Land Title Act
(a)
by
adding the following subsection to section 3 of Schedule 1:
(3) If
the registrar receives notice
under section 28 (4) or (5) of this Schedule indicating that section 28
(1) of this Schedule no longer applies in relation to a parcel referred
to in subsection (1) of this section, the registrar must cancel the
notation under subsection (1) (c) of this section in
relation to the parcel. ,
(b)
by
adding the following section to Schedule 1:
Approving officer approval
not required
25.1
(1) For the purpose of registering the indefeasible title to treaty
lands under section 25,
(a)
sections 83 and 91 of the Act
do not apply in relation to subdivision or reference plans that include
those treaty lands and are required for that registration, and
(b) a
plan referred to in paragraph
(a) must be certified by the minister charged with the administration
of the Treaty Commission Act as a plan to which
this section applies. ,
(c)
in
section 28 (1) of Schedule 1 by striking out everything after paragraph
(a) and substituting the following:
(b) the
registrar
(i)
has received a notice under
subsection (4) of the enactment of such a law and, according to the
notice, that law is in force, and
(ii)
has not received notice
under subsection (5) of the repeal of that law or the repeal of that
law, according to a notice under that subsection, is not in force
the
registrar must not register the
indefeasible title to a parcel of the treaty lands to which that law
applies in a name other than the treaty first nation unless the
application is accompanied by a certificate of the treaty first nation
certifying that
(c) the
certificate is issued in
accordance with the laws of the treaty first nation, and
(d) the
person named in the
certificate as transferee of the parcel is a permitted transferee under
those laws. ,
(d)
in
section 28 of Schedule 1 by adding the following subsections:
(4) On
or before the effective date
of a law described in subsection (1) (a), or an amendment to the law
changing the treaty lands to which it applies, the treaty first nation
must give written notice to the registrar of the law or its amendment,
setting out
(a) a
legal description of the
parcels of treaty lands to which the law applies sufficient for the
registrar to identify those lands in the records,
(b) a
legal description of the
parcels of treaty lands to which the law no longer applies sufficient
for the registrar to identify those lands in the records, and
(c) the
date the law or amendment
comes into force.
(5) If a
treaty first nation has
given notice under subsection (4), on or before the effective date of
the repeal of the entirety of a law of the treaty first nation enacted
under the authority referred to subsection (1) (a), the treaty first
nation must give written notice to the registrar of the repeal setting
out
(a) a
legal description of the
parcels of treaty lands to which the repeal applies sufficient for the
registrar to identify those parcels in the records, and
(b) the
date the repeal comes into
force. , and
(e)
by
adding the following Part to Schedule 1:
Part
4 — Treaty First Nation Fee Simple Lands
Definition
32
In this Part, "treaty first nation fee simple lands"
means lands that on the effective date of a treaty first nation's final
agreement
(a)
will be owned in fee simple by
the treaty first nation in accordance with the final agreement, and
(b)
will not form any part of the
treaty lands of that treaty first nation.
Approving officer approval
not required
33
For the purpose of registering the indefeasible title to treaty first
nation fee simple lands in the name of the treaty first nation on the
effective date of the treaty first nation's final agreement,
(a)
sections 83 and 91 of the Act
do not apply in relation to subdivision or reference plans that include
those treaty first nation fee simple lands and are required for that
registration, and
(b) a
plan referred to in paragraph
(a) must be certified by the minister charged with the administration
of the Treaty Commission Act as a plan to which
this section applies.
13
Section
126 is repealed.
14
The
following section is added in numerical order under the Motor Vehicle
Act heading:
132.1
Section 169.1 (4) (b) is amended by striking out "operated
by or on behalf of a person or municipality"
and substituting "operated by or on behalf of
a person, municipality or treaty first nation".
15
Section
155 as it enacts section 2.2 (1) (a) of the Property Transfer Tax Act
is amended by striking out "under the chapter
of the final agreement that sets out" and
substituting "under the chapter of the treaty
first nation's final agreement that sets out".
16
Section
163 as it enacts section 82.11 (1) (a) of the Social Service Tax Act is
amended by striking out "under the chapter of
the final agreement that sets out" and
substituting "under the chapter of the treaty
first nation's final agreement that sets out".
17
The
following sections are added:
South
Coast British Columbia
Transportation Authority Act
164.1
Section 208 of the South Coast British Columbia Transportation
Authority Act, S.B.C. 1998, c. 30, is amended by striking out "who
is a mayor of a municipality in the transportation service region."
and substituting "who is a mayor of a
municipality in the transportation service region or the head of a
treaty first nation whose treaty lands are in the transportation
service region."
164.2
Section 210 (3) is amended by striking out "If
a mayor is unable to attend a meeting of the mayors' council on
regional transportation, the mayor may appoint, as a delegate, a member
of his or her municipal council to attend and act on that mayor's
behalf at that meeting," and substituting "If
a member is unable to attend a meeting of the mayors' council on
regional transportation, the member may appoint, as a delegate, a
member of his or her municipal council or, in the case of a treaty
first nation, a member of the governing body of the treaty first
nation, to attend and act on his or her behalf at that meeting,".
164.3
Section 211 (2) is repealed and the following substituted:
(2)
Subject to section 177 (2), 179
(3) or 217 (2), each member of the mayors' council on regional
transportation has, in relation to any issue that is voted on by the
mayors' council on regional transportation, the right to cast one vote
for every 20 000, or portion of that number, of the
population, as applicable, of
(a) the
municipality of which the
member is the mayor, or
(b) the
treaty lands of the treaty
first nation of which the member is the head,
as that
population is determined in
the most recently available Census of Canada.
164.4
Section 212 (1) is amended by striking out "provided
to any mayor who is a member" and substituting "provided
to any member".
164.5
Section 212 (2) is amended by striking out "A
mayor who receives a record under subsection (1) must promptly provide
a copy of it to every other mayor who is a member"
and substituting "A member who receives a
record under subsection (1) must promptly provide a copy of it to every
other member".
Home Owner Grant Act
18
Section
17 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended
(a)
in
subsections (1) (c) and (2) by striking out "grant
administrator" wherever it appears and
substituting "minister",
(b)
by
adding the following subsection:
(1.1) A
request for review under
subsection (1) (c) must
(a) be
in writing,
(b) be
addressed to the minister at
Victoria, and
(c) set
out clearly the reasons for
the review and all facts relative to it. , and
(c)
in
subsection (2) by adding "in writing"
after "notify the person".
19
Section
18.1 (3) (k) is repealed.
Insurance (Vehicle) Act
20
Section
27 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed
and the following substituted:
Accident report
27
A person receiving an accident report under section 67.1 of the Motor
Vehicle Act or a police officer who makes an accident report
under section 249 of that Act must, as soon as reasonably practicable
after a request for it by the corporation, mail or deliver a copy to
the corporation.
Interpretation Act
21
Section
29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended in the
definition of "justice" by adding "a
judicial justice or" before "a
judge of the Provincial Court;".
Judicial Compensation Act
22
Section
9 of the Judicial Compensation Act, S.B.C. 2003, c. 59, is amended
(a)
by
renumbering the section as section 9 (1),
(b)
in
subsection (1) by striking out "A judicial
justice" and substituting "A
full time judicial justice", and
(c)
by
adding the following subsection:
(2) A
part time judicial justice
must be paid, out of the consolidated revenue fund, a per diem rate
(a)
recommended by a report laid
before the Legislative Assembly under section 6 (1), or
(b) if
a resolution is passed by
the Legislative Assembly under section 6 (2), set by the resolution.
23
Section
11 is amended by adding "full time"
before "judicial justices."
24
Section
12 is amended by adding "full time"
before "judicial justice"
wherever it appears.
25
Section
13 is amended by striking out "A judge or
judicial justice" and substituting "A
judge or full time judicial justice" and by
striking out "judges or judicial justices"
and substituting "judges or full time
judicial justices".
26
Section
15 is amended by adding "full time"
before "judicial"
wherever it appears.
27
Section
16 (1) is amended by adding the following definitions:
"actuary"
means an actuary retained by the board in accordance with the Public
Service Pension Plan Joint Trust Agreement;
"board"
has the same meaning as "public service board" in section 1 (1) of the Public
Sector Pension Plans Act; .
28
Section
18 is amended
(a)
by
repealing subsection (1) and substituting the following:
(1) The
board
(a)
must, based on the
recommendations of an actuary, determine the total amount of the
contributions required to fund the pension benefits provided under this
Act, and
(b) may
change the amount
determined under paragraph (a) if the board receives a recommendation
by an actuary that a change in the amount is required to fund the
pension benefits provided under this Act.
(1.1)
The total amount of the
contributions required to fund the pension benefits provided under this
Act, as determined under subsection (1), must be paid as follows:
(a) the
active members must
contribute 24% of that amount;
(b) the
government must contribute
76% of that amount.
(1.2)
Instead of the contributions
required by the pension plan rules,
(a) the
government must deduct
8.38%, or, if subsection (6) applies, the percentage determined under
subsection (6) (a) (i), from each payment of salary made to an active
member and pay that amount to the pension fund, as a contribution from
the member, and
(b)
each time the government
deducts and pays an active member's contributions in accordance with
paragraph (a), the government must pay to the pension fund, as a
contribution from the government, 26.55%, or, if subsection (6)
applies, the percentage determined under
subsection (6) (a) (ii), of the active
member's salary. ,
(b)
in
subsection (2) by striking out "subsection
(1) (a)." and substituting "subsection
(1.2) (a) or (6) (a) (i), as applicable.",
(c)
in
subsection (3) by striking out "subsection
(1) (a)," and substituting "subsection
(1.2) (a) or (6) (a) (i)," and by striking out "subsection
(1) (b) or (6)." and substituting "subsection
(1.2) (b) or (6) (a) (ii), as applicable.", and
(d)
by
repealing subsection (6) and substituting the following:
(6) If
the board changes the total
amount of the contributions required to fund the pension benefits
provided under this Act under subsection (1) (b), the board must,
(a)
based on a recommendation by an
actuary,
(i)
determine the percentage
amount the government must, under subsection (1.2) (a), deduct from
each payment of salary made to an active member and pay to the pension
fund, and
(ii)
determine the percentage
amount the government must, under subsection (1.2) (b), contribute to
the pension fund, and
(b)
ensure the percentage amounts
determined under paragraph (a) (i) and (ii) are consistent with
subsection (1.1).
29
Section
26 is repealed.
30
Section
27 is amended by striking out "before this
section comes into force," and substituting "before
October 23, 2003," and by striking out "and
judicial justices".
31
Section
28 is amended by striking out "before this
section came into force." and substituting "before
October 23, 2003."
Legal Profession Act
32
The
Legal Profession Act, S.B.C. 1998, c. 9, is amended by adding the
following section:
Application
1.1
This Act does not apply to a person who is both a lawyer and a part
time judicial justice, as that term is defined in section 1 of the Provincial
Court Act, in the person's capacity as a part time judicial
justice under that Act.
33
The
following section is added:
Written notification to
chief judge
26.1
If an investigation is conducted in accordance with the rules
established under section 26 (2) of this Act respecting a
lawyer or former lawyer who is also a "part time judicial justice", as
that term is defined in section 1 of the Provincial Court Act,
the society must, as soon as practicable, provide a written
notification to the chief judge designated under section 10 of the Provincial
Court Act that includes the following information:
(a) the
name of the lawyer or
former lawyer;
(b)
confirmation that an
investigation is being conducted with respect to that lawyer or former
lawyer.
Local Government Act
34
Section
5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a)
by
adding the following definitions:
"chief
election officer"
means the election official appointed under
section 41 (1) or under letters patent;
"election
official"
means a person appointed under section 41 and a chief election officer
and deputy chief election officer appointed under letters patent;
"general
voting
day" means the day referred to in section 36
(2) or set under section 12.2 (1) (a), 37 (5),
38 (1) or (3), 142 (5), 162 (1) or
167 (5) (b); , and
(b)
by
repealing the definition of "letters patent".
35
Part 1
is amended by adding the following section:
Application of Escheat
Act
6.9
Section 4 of the Escheat Act does not apply to
land in British Columbia transferred under this Act on dissolution of a
municipality, development district, water users' community, improvement
district or regional district.
36
Section
7 (3) is amended by striking out "or
improvement district" in both places and by
striking out "repealing"
and substituting "revoking, by order,".
37
Section
11 (4) is repealed.
38
Section
12 (2) is amended by striking out "The
Lieutenant Governor in Council must not issue letters patent under this
section" and substituting "Letters
patent under this section may not be issued".
39
The
following sections are added:
What must be included in
letters patent
12.1
Letters patent incorporating a municipality
must specify the municipality's name, boundaries, area and class.
First election for
municipality
12.2
(1) Letters patent incorporating a municipality may do one or more of
the following:
(a) set
the general voting day for
the first election or authorize a person to do this;
(b)
appoint the chief election
officer and deputy chief election officer for the first election or
authorize a person or body to do this;
(c)
apply to the first election for
the municipality all or part of one or more of the following bylaws of
another local government:
(i)
a bylaw under Part 3 [Electors
and Elections];
(ii)
a bylaw under section 551 [regulation
of signs and advertising];
(iii)
a bylaw under section 8
(4) [fundamental powers — signs and advertising]
of the Community Charter;
(d)
make, to a bylaw applied under
paragraph (c), any modifications the Lieutenant Governor in Council
considers necessary or advisable in order to apply the bylaw to the
first election for the municipality.
(2) The
general voting day set under
subsection (1) (a)
(a)
must be on a Saturday, and
(b) may
be before the date the
municipality is incorporated.
(3) If
the general voting day set
under subsection (1) (a) is before the date the municipality is
incorporated, Part 3 [Electors and Elections]
applies, subject to the letters patent, as if the municipality were
incorporated.
First council and
neighbourhood constituencies
12.3
(1) Letters patent incorporating a municipality may do one or more of
the following:
(a) set
the terms of office for
first council members, if these are to be different from the terms
otherwise established by the Community Charter;
(b)
appoint or provide for the
appointment of an interim council, which must consist of a mayor and an
even number of councillors;
(c) if
the letters patent appoint
or provide for the appointment of an interim council, despite
section 36.1 (1) to (4) [bylaw providing
for neighbourhood constituencies], provide that all or some
of the councillors be appointed on a neighbourhood constituency basis
until the next general local election;
(d)
despite
section 36.1 (1) to (4) [bylaw providing
for neighbourhood constituencies], provide that all or some
of the councillors be elected on a neighbourhood constituency basis
until the general local election specified in the letters patent;
(e) for
the purposes of paragraph
(c) or (d), establish the areas that are to be neighbourhood
constituencies for the municipality;
(f) for
the purposes of paragraph
(d), make provisions the Lieutenant Governor in Council considers
appropriate for an election on the basis of neighbourhood
constituencies for the municipality.
(2)
Section 118 (3) [size
of council] of the Community Charter
does not apply to an interim council.
First regular council
meeting
12.4
(1) Letters patent incorporating a municipality may do one or more of
the following:
(a)
despite section 125 (1) [council
meetings] of the Community Charter,
set the date for the first regular council meeting and authorize a
person to set the time and place for that meeting;
(b)
require the council to adopt a
procedure bylaw at the first regular council meeting;
(c)
require the council to adopt a
financial plan at the first regular council meeting;
(d) if
a requirement is imposed
under paragraph (c), require a person to prepare a proposed
financial plan for the first regular council meeting;
(e) if
a requirement is imposed
under paragraph (c), establish, for the financial plan to be
adopted at the first regular council meeting, a planning period that is
different than the planning period established by section 165
(3) of the Community Charter;
(f) if
a requirement is imposed
under paragraph (c), provide that
section 166 [public process for development
of financial plan] of the Community Charter
does not apply in respect of the proposed financial plan that the
council must adopt at the first regular council meeting.
(2)
Section 135 (3) [requirements for passing
bylaws] of the Community Charter does
not apply to a procedure bylaw or a bylaw adopting a financial plan
that the council is required to adopt at the first regular council
meeting following the incorporation of the municipality.
(3)
Section 165 (3.1) [objectives and policies
set out in financial plan] of the Community
Charter does not apply to the financial plan that the
council is required to adopt at the first regular council meeting
following the incorporation of the municipality.
Transfer of assets and
obligations and continuation of
bylaws
12.5
(1) In this section:
"dissolved
municipality"
means a municipality dissolved on the incorporation of a new
municipality;
"new
municipality"
means the municipality incorporated by the letters patent referred to
in subsection (2).
(2)
Letters patent incorporating a
municipality may do one or more of the following:
(a)
transfer to and vest in the new
municipality any of the dissolved municipality's rights, property and
assets;
(b)
transfer to and declare as
assumed by the new municipality any of the dissolved municipality's
obligations;
(c)
continue in force any bylaws or
resolutions of the dissolved municipality as bylaws or resolutions of
the new municipality applicable to the area of the new municipality to
which they applied as bylaws or resolutions of the dissolved
municipality until those bylaws or resolutions are amended or repealed
by the council of the new municipality;
(d)
require the council of the new
municipality to amend or repeal by a specified date a bylaw or
resolution continued under paragraph (c);
(e)
deem a reference to the
dissolved municipality in any commercial paper, lease, licence, permit
or other contract, instrument or document to be a reference to the new
municipality.
40
Section
13 is amended
(a)
by
repealing subsections (1) and (2) (a) to (d), (g), (h) and (j),
(b)
in
subsection (3) by striking out "In addition
to the matters referred to in subsections (1) and (2), letters
patent" and substituting "Letters
patent",
(c)
in
subsection (3.1) by striking out "In addition
to the matters referred to in subsections (1) and (2), the
letters patent" and substituting "Letters
patent",
(d)
by
repealing subsection (3.1) (d) and substituting the following:
(d)
transfer to and vest in the
island municipality any rights, property or assets of the local trust
committee or trust council;
(e)
transfer to and declare as
assumed by the island municipality any obligations of the local trust
committee or trust council;
(f)
continue in force any bylaws or
resolutions of the trust council as bylaws or resolutions of the island
municipality applicable to the area of the island municipality to which
they applied as bylaws or resolutions of the trust council until those
bylaws or resolutions are amended or repealed by the council of the
island municipality;
(g)
continue in force any
resolutions of the local trust committee as resolutions of the island
municipality applicable to the area of the island municipality to which
they applied as resolutions of the local trust committee until those
resolutions are amended or repealed by the council of the island
municipality;
(h)
require the council of the
island municipality to amend or repeal by a specified date a bylaw
continued under section 24 (2) or paragraph (f) of this subsection or a
resolution continued under paragraph (f) or (g) of this subsection;
(i)
deem a reference to the local
trust committee or trust council in any commercial paper, lease,
licence, permit or other contract, instrument or document to be a
reference to the island municipality. ,
(e)
in
subsection (5) by striking out "When issuing
letters patent," and substituting "In
letters patent,", and
(f)
by
repealing subsections (6) and (8).
41
The
following sections are added:
Interim corporate officer
13.1
(1) If letters patent incorporating a municipality are issued, the
minister may appoint a person as the interim corporate officer of the
municipality.
(2) An
interim corporate officer's
term ends when a corporate officer is appointed for the municipality.
(3)
Words in an enactment, other
than this section, referring to a corporate officer, by name or
otherwise, also apply to an interim corporate officer.
Appointment of additional
councillors if boundary
extended
13.2
(1) Letters patent extending the area of a municipality may do one or
more of the following:
(a)
provide for the election or
appointment of an even number of additional councillors for the
municipality until the general local election specified in the letters
patent;
(b)
despite
section 36.1 (1) to (4) [bylaw providing
for neighbourhood constituencies], provide that the
additional councillors be elected or appointed on a neighbourhood
constituency basis until the general local election specified in the
letters patent;
(c) for
the purposes of paragraph
(b), establish the areas that are to be neighbourhood constituencies
for the municipality until the general local election specified in the
letters patent;
(d) for
the purposes of paragraph
(b), make provisions the Lieutenant Governor in Council considers
appropriate for an election on the basis of neighbourhood
constituencies for the municipality.
(2) If
letters patent under this
section are issued for a municipality, section 118 (3) [size
of council] of the Community Charter
ceases to apply in relation to the council until January 1 in the year
of the general local election specified in the letters patent.
42
Section
14 is repealed and the following substituted:
Tax rate limits
14
(1) Letters patent incorporating a municipality or extending the area
of a municipality may do the following:
(a)
designate an area that is
(i)
in the case of an
incorporation of a municipality, all or part of the municipality, or
(ii)
in the case of an extension
of the area of a municipality, all or part of the area that forms the
extension of the municipality;
(b)
establish a limit on the tax
rate under section 197 (1) (a) [municipal
property taxes] of the Community Charter
that may be established for a property class by an annual property tax
bylaw and imposed on land and improvements in the area designated under
paragraph (a) of this subsection.
(2) A
tax rate limit established
under subsection (1) (b) may be established by doing one or more of the
following:
(a)
specifying a limit on the tax
rate;
(b)
specifying a limit on the
relationship between tax rates;
(c)
establishing formulas for
calculating the limit referred to in paragraph (a) of this subsection
or the limit on the relationship referred to in paragraph (b) of this
subsection;
(d)
adopting as the tax rate limit
a tax rate set by another authority having taxing powers in respect of
land or land and improvements.
(3)
Different tax rate limits may be
established under subsection (1) (b) for different taxation years.
(4)
Section 197 (3) [establishment
of tax rates] of the Community Charter
does not apply in relation to the tax rate
(a)
applicable to an area
designated under subsection (1) (a) of this section, and
(b)
established for a property
class in accordance with a limit established under subsection (1) (b).
(5) If
there is a conflict between a
tax rate limit established under subsection (1) (b) and a regulation
under section 199 [property tax rates regulations]
of the Community Charter, the regulation prevails.
(6) If a
tax rate limit is
established under subsection (1) (b) for property class 1 or 6, the
Lieutenant Governor in Council must, by letters patent, specify the
time period during which the tax rate limit applies.
(7) The
time period specified under
subsection (6) may not be more than 20 taxation years.
43
The
following sections are added:
Municipal revenue sharing
14.1
Letters patent incorporating a municipality or extending the area of a
municipality may do one or more of the following:
(a) for
the purposes of paragraph
(b), designate one or more of the following:
(i)
a revenue source of the
municipality;
(ii)
property in the
municipality;
(iii)
an area that is all or
part of the municipality;
(b)
require the municipality to
share revenue with another municipality or with a regional district
(i)
from a designated revenue
source, or
(ii)
from a designated revenue
source and from the designated property or designated area;
(c)
establish ratios or formulas
for calculating the amount of revenue to be shared or designate the
amount of revenue to be shared;
(d)
specify the period for which
the revenue is to be shared.
Establishment of local area
service
14.2
(1) Letters patent incorporating a municipality or extending the area
of a municipality may provide for the establishment of a local area
service by
(a)
describing the service, and
(b)
defining the boundaries of the
local service area.
(2) In
addition, letters patent
under subsection (1) may do one or both of the following:
(a)
require the council of the
municipality, by a specified date, to
(i)
establish a reserve fund for
a specified purpose for the local area service, and
(ii)
credit an amount of money
to the reserve fund in respect of money transferred to the municipality
from a reserve fund of a regional district, improvement district or
another municipality established for a similar purpose;
(b)
specify a date for the purposes
of subsection (6).
(3) If
letters patent provide for
the establishment of a local area service, the council of the
municipality must adopt a bylaw to establish the local area service.
(4) The
bylaw establishing the local
area service must
(a)
subject to subsection (5), meet
the requirements of Division 5 [Local Service Taxes]
of Part 7 of the Community Charter, and
(b) be
consistent with the letters
patent.
(5)
Sections 210 (2) [services
that may be provided as local area services] and
211 (1) [requirement to adopt local area service
bylaw] of the Community Charter do not
apply to the initial adoption of a bylaw under subsection (3) of this
section.
(6) A
bylaw under subsection (3)
must be adopted on or before the date specified under subsection (2)
(b) or, if no date is specified, within a reasonable period after the
letters patent come into effect.
(7) If
no date is specified under
subsection (2) (b), the Lieutenant Governor in Council may, by order,
specify a date and, if this is done, a bylaw under subsection (3) must
be adopted on or before the date specified.
Advisory body
14.3
Letters patent incorporating a municipality or extending the area of a
municipality may do one or more of the following:
(a)
require the council to
establish an advisory body for the municipality;
(b)
specify the role of the
advisory body;
(c)
require the council to consult
with the advisory body on specified matters;
(d)
provide for the composition of
and the manner of appointing members to the advisory body;
(e)
specify a date before which the
council may not dissolve the advisory body.
Additional powers
14.4
(1) Despite this or any other Act, the Lieutenant Governor in Council
may, by letters patent, do one or more of the following in relation to
the incorporation of a municipality or the extension or reduction of
the area of a municipality:
(a)
impose requirements on the
municipality;
(b)
restrict the powers of the
municipality;
(c)
make provisions the Lieutenant
Governor in Council considers appropriate for the purpose of
preventing, minimizing or otherwise addressing any transitional
difficulties;
(d) in
respect of a provision
included in the letters patent under paragraphs (a) to (c),
provide an exception to or a modification of a requirement or condition
established by an enactment.
(2)
Despite this or any other Act,
letters patent of a municipality or an order of the Lieutenant Governor
in Council under this Part may establish any terms and conditions the
Lieutenant Governor in Council considers appropriate in respect of any
matter related to the letters patent or order.
(3) As
restrictions, in exercising a
power under this section, the Lieutenant Governor in Council may not do
the following:
(a)
override an absolute
prohibition contained in an enactment;
(b)
eliminate a requirement for
obtaining the assent of the electors, unless that requirement is
modified by replacing it with a requirement for obtaining the approval
of the electors by alternative approval process.
44
Section
15 (1) is amended by striking out "by the
Lieutenant Governor in Council".
45
Section
18 is amended
(a)
by
repealing subsection (1) and substituting the following:
(1) On
request of the council, the
Lieutenant Governor in Council may, by letters patent, change the
classification of the municipality in accordance with
section 17 (1) [classification of
municipalities]. ,
(b)
by
repealing subsection (3), and
(c)
in
subsection (4) by striking out "for
reincorporation".
46
Section
20 (3) to (5) is repealed and the following substituted:
(3)
Before the minister makes a
recommendation referred to in subsection (1),
(a) the
minister must
(i)
notify the council of the
proposed recommendation, or
(ii)
have received from the
council a request for the extension,
(b) the
council must give public
notice of the proposed extension once in the Gazette, and
(c) the
council must obtain the
approval of the electors of the municipality in relation to the
proposed extension.
47
Section
24 (2) is repealed and the following substituted:
(2)
Despite subsection (1) but
subject to section 782 (4.1) and letters patent, if a municipality is
incorporated or the area of a municipality is extended, a provision of
a bylaw
(a)
other than an establishing
bylaw, adopted by a regional district, or
(b)
adopted by a local trust
committee under the Islands Trust Act
that
applies to the area continues in
force as if it were a bylaw of the municipality until it is amended or
repealed by the council.
48
Section
28 is repealed.
49
Section
29 is amended
(a)
in
subsection (1) by striking out "by order
published in the Gazette, set aside" and
substituting "by order, revoke"
and by striking out "and disincorporate the
municipality",
(b)
in
subsection (2) by striking out "A
municipality must not be disincorporated" and
substituting "The Lieutenant Governor in
Council may not exercise the power under subsection (1)",
(c)
by
repealing subsection (3) and substituting the following:
(3) On
the revocation under
subsection (1) of the letters patent,
(a) the
municipality is dissolved,
(b) all
of the municipality's
property vests in the Provincial government, and
(c) all
taxes imposed by the
municipality that remain unpaid are taxes imposed under the Taxation
(Rural Area) Act as of the date of the imposition. , and
(d)
in
subsection (4) by striking out "is
disincorporated" and substituting "is
dissolved under this section", by striking out "disincorporation"
and substituting "dissolution"
and by striking out "disincorporated
municipality" and substituting "dissolved
municipality".
50
Section
30 is repealed.
51
Section
31 is amended
(a)
by
striking out "If letters patent are
surrendered or revoked and others issued under this Act,"
and substituting "If letters patent that
incorporate a municipality are revoked and others issued,",
(b)
in
paragraph (a) by striking out "surrender,"
and by striking out "surrendered or"
in both places, and
(c)
in
paragraph (c) by striking out "or
supplementary letters patent".
52
Section
32 (1) (a) (i) to (iii) is repealed and the following substituted:
(i)
incorporated or dissolved as
a municipality, or
(ii)
added to or excluded from
an existing municipality, and .
53
Section
33 is amended by repealing the definitions of "chief
election officer", "election official"
and "general voting day".
54
Section
41 (6) is amended by striking out "a person
appointed under this section as deputy or alternate"
and substituting "a person
appointed as deputy chief election officer or appointed under this
section as alternate".
55
Section
287 (1) (m) is amended by striking out "within
the meaning of Part 3".
56
Section
731 (3) is repealed and the following substituted:
(3) If
it appears to the Lieutenant
Governor in Council that an improvement district will undertake the
functions of an existing development district or a water users'
community, the Lieutenant Governor in Council may dissolve the
development district or water users' community.
(4.1)
The Lieutenant Governor in
Council may do one or more of the following, effective on the
dissolution of a development district or water users' community under
subsection (3):
(a)
transfer to and vest in an
improvement district any of the rights, property and assets of the
development district or water users' community;
(b)
transfer to and declare as
assumed by an improvement district any of the obligations of the
development district or water users' community;
(c)
continue in force any bylaws or
resolutions of the development district or water users' community as
bylaws or resolutions of an improvement district applicable to the area
of the improvement district to which they applied as bylaws or
resolutions of the development district or water users' community until
those bylaws or resolutions are amended or repealed by the board of
trustees of the improvement district;
(d)
require the board of trustees
of the improvement district to amend or repeal by a specified date a
bylaw or resolution continued under paragraph (c);
(e)
deem a reference to the
development district or water users' community in any commercial paper,
lease, licence, permit or other contract, instrument or document to be
a reference to the improvement district.
57
Section
732 (4) is repealed and the following substituted:
(4) If
it appears to the Lieutenant
Governor in Council that a mountain resort improvement district will
undertake the functions of an existing water users' community, the
Lieutenant Governor in Council may dissolve the water users' community.
(5.1)
The Lieutenant Governor in
Council may do one or more of the following, effective on the
dissolution of a water users' community under subsection (4):
(a)
transfer to and vest in a
mountain resort improvement district any of the rights, property and
assets of the water users' community;
(b)
transfer to and declare as
assumed by a mountain resort improvement district any of the
obligations of the water users' community;
(c)
continue in force any bylaws or
resolutions of the water users' community as bylaws or resolutions of a
mountain resort improvement district applicable to the area of the
mountain resort improvement district to which they applied as bylaws or
resolutions of the water users' community until those bylaws or
resolutions are amended or repealed by the board of trustees of the
mountain resort improvement district;
(d)
require the board of trustees
of the mountain resort improvement district to amend or repeal by a
specified date a bylaw or resolution continued under paragraph (c);
(e)
deem a reference to the water
users' community in any commercial paper, lease, licence, permit or
other contract, instrument or document to be a reference to the
mountain resort improvement district.
58
Section
734 is repealed and the following substituted:
Amendment of letters patent
734
(1) The Lieutenant Governor in Council may, by regulation, authorize
the minister to make orders amending letters patent of an improvement
district, subject to any restrictions and conditions established by the
regulation.
(2)
Sections 31 [rights
and liabilities not affected by revocation and reissue of letters
patent] and 32 [existing licences preserved]
apply in respect of improvement districts.
59
Section
735 is repealed and the following substituted:
Dissolution of improvement
districts
735
(1) The Lieutenant Governor in Council may, by order, revoke the
letters patent that incorporated or continued an improvement district.
(2) If
an improvement district is
located in a municipality incorporated under section 7 (1),
the Lieutenant Governor in Council must exercise the power under
subsection (1) of this section to revoke the letters patent of the
improvement district no later than January 1 of the year that is 4
years after the year in which the municipality was incorporated.
(3) If
an improvement district is
located in a mountain resort municipality incorporated under section 11
(3), the Lieutenant Governor in Council must exercise the power under
subsection (1) of this section to revoke the letters patent of the
improvement district effective at the time the mountain resort
municipality is incorporated.
(4) On
the revocation of the letters
patent that incorporated or continued an improvement district, the
improvement district is dissolved.
Transition on dissolution
of improvement district or
if area or object of improvement district changed
735.1
(1) If an improvement district is
dissolved or the letters patent of an improvement district are amended
to reduce the area of the improvement district or to modify or repeal
an object of the improvement district, the Lieutenant Governor in
Council may, by order, do one or more of the following:
(a)
transfer to and vest in a
municipality, a regional district or another improvement district any
of the improvement district's rights, property and assets;
(b)
transfer to and declare as
assumed by a municipality, a regional district or another improvement
district any of the improvement district's obligations;
(c) if
all or part of the
improvement district is located in a municipality,
(i)
continue a service of the
improvement district as a local area service of the municipality and
exercise any power under section 14.2 (1) and (2) that may be
exercised by letters patent, or
(ii)
continue a service of the
improvement district as a service of the municipality;
(d)
continue in force any bylaws or
resolutions of the improvement district as bylaws or resolutions of a
municipality, a regional district or another improvement district
applicable to the area of the municipality, regional district or other
improvement district to which they applied as bylaws or resolutions of
the improvement district until those bylaws or resolutions are amended
or repealed by the council of the municipality, the board of the
regional district or the board of trustees of the other improvement
district;
(e)
require the council of the
municipality, the board of the regional district or the board of
trustees of the improvement district to amend or repeal by a specified
date a bylaw or resolution continued under paragraph (d);
(f) for
the purposes of subsection
(4), specify a date, which may not be more than 3 years after the date
the bylaw is continued under paragraph (d) of this subsection;
(g)
deem a reference to the
improvement district in any commercial paper, lease, licence, permit or
other contract, instrument or document to be a reference to a
municipality, a regional district or another improvement district.
(2) If
an order under subsection (1)
(c) (i) provides for the establishment of a local area service, section
14.2 (3) to (7) applies for the purposes of this section.
(3) The
requirement in section 13
(1) (a) and (b) of the Community Charter to first
obtain the consent of a local government does not apply in relation to
a service if
(a) the
service is continued under
subsection (1) (c) on dissolution of an improvement district, and
(b) the
service is to be provided
by the municipality in an area outside the municipality to which the
service was provided by the improvement district at the time the
improvement district was dissolved.
(4) If a
municipality or regional
district does not have the power to adopt a provision of a bylaw that
is continued under subsection (1) (d) as a provision of a bylaw of the
municipality or regional district, the municipality or regional
district is deemed to have the power to adopt that provision of the
bylaw until the earlier of
(a) the
repeal of that provision of
the bylaw, and
(b) the
date specified under
subsection (1) (f) in respect of that bylaw.
Additional powers
735.2
(1) Despite this or any other Act, the Lieutenant Governor in Council
may, by letters patent or by order, do one or more of the following in
relation to the incorporation of an improvement district, the extension
or reduction of the area of an improvement district or the addition,
modification or repeal of an object of an improvement district:
(a)
impose requirements on the
improvement district;
(b)
restrict the powers of the
improvement district;
(c)
make provisions the Lieutenant
Governor in Council considers appropriate for the purpose of
preventing, minimizing or otherwise addressing any transitional
difficulties;
(d) in
respect of a provision
included in the letters patent or order under paragraphs (a)
to (c), provide an exception to or a modification of a requirement or
condition established by an enactment.
(2)
Despite this or any other Act,
letters patent of an improvement district or an order of the Lieutenant
Governor in Council under this Part may establish any terms and
conditions the Lieutenant Governor in Council considers appropriate in
respect of any matter related to the letters patent or order.
(3) As a
restriction, in exercising
a power under this section, the Lieutenant Governor in Council may not
override an absolute prohibition contained in an enactment.
60
Section
748 (4) is amended by striking out "disincorporated"
and substituting "dissolved".
61
Section
776 is amended by striking out "the issue of".
62
Section
777 is amended
(a)
by
repealing subsections (1) (l), (3) (e) and (4), and
(b)
in
subsection (3) by striking out "the issue of".
63
The
following section is added:
Extension of regional
district boundaries
777.1
(1) On the recommendation of the minister, the Lieutenant Governor in
Council may, by letters patent, alter the boundaries of a regional
district to include an area not in a regional district.
(2)
Before making a recommendation
under subsection (1), the minister must
(a)
consult with the minister who
administers the Hospital District Act for the
purpose of ensuring that any boundary alteration will, if possible,
maintain coextensive regional district and hospital district
boundaries, and
(b)
notify the regional district
that will be affected by the proposed recommendation.
64
Section
780 is amended
(a)
in
subsection (1) by striking out ", by the
issue of letters patent, or by the repeal of existing letters patent
and the issue of new letters patent, as necessary,",
(b)
by
repealing subsection (1) (a) and substituting the following:
(a)
amalgamate 2 or more regional
districts by
(i)
revoking, by order, their
letters patent, and
(ii)
incorporating the new
regional district under section 776, ,
(c)
in
subsection (1) (b) by striking out "alter"
and substituting "by letters patent, alter",
(d)
by
repealing subsection (1) (c) and substituting the following:
(c)
divide a regional district into
2 or more regional districts by
(i)
revoking, by order, their
letters patent, and
(ii)
incorporating the new
regional districts under section 776, ,
(e)
in
subsection (3) by striking out "The
Lieutenant Governor in Council must not issue letters patent under
subsection (1)" and substituting "Letters
patent under subsection (1) may not be issued",
(f)
in
subsection (4) by striking out "assets and
liabilities" and substituting "rights,
property, assets and obligations",
(g)
by
repealing subsections (5) and (6) and substituting the following:
(5) In
letters patent incorporating
a regional district referred to in
subsection (1) (a) (ii) or (c) (ii) or in
letters patent referred to in subsection (1) (b), the
Lieutenant Governor in Council may do one or more of the following:
(a)
transfer to and vest in a
regional district any of the rights, property and assets of another
regional district;
(b)
transfer to and declare as
assumed by a regional district any of the obligations of another
regional district;
(c)
provide that a bylaw or
resolution of the board having jurisdiction before the amalgamation,
alteration or division does not remain in force under subsection (7);
(d)
require the board of the
regional district to amend or repeal by a specified date a bylaw or
resolution that remains in force under subsection (7);
(e)
deem a reference to the
regional district in any commercial paper, lease, licence, permit or
other contract, instrument or document to be a reference to another
regional district. , and
(h)
by
repealing subsection (8) and substituting the following:
(8)
Sections 31 [rights
and liabilities not affected by revocation and reissue of letters
patent] and 32 [existing licences preserved]
apply in respect of regional districts referred to in this section.
65
Section
781 is amended
(a)
by
repealing subsection (1) and substituting the following:
(1) In
this section, "community
planning area" means an area of the Provincial Community
Planning Local Area under the Local Services Act
that is designated as a community planning area under that Act.
(1.1) If
a community planning area
is dissolved and the area of land comprising the community planning
area is in a regional district, the Lieutenant Governor in Council may,
by order, do one or more of the following:
(a)
provide that all or part of the
community planning area be a service area under this Part;
(b)
continue in force any
regulations made by the minister relating to the community planning
area as bylaws of the regional district applicable to the area of the
regional district to which they applied as regulations until those
bylaws are amended or repealed by the board;
(c)
specify a date for the purposes
of subsection (4).
(1.2) If
an improvement district is
dissolved or the letters patent of an improvement district are amended
to modify or repeal an object of the improvement district and the area
of land comprising the improvement district is in a regional district,
the Lieutenant Governor in Council may, by order, do one or both of the
following:
(a)
provide for the continuation of
a service of the improvement district as a service of the regional
district by
(i)
describing the service, and
(ii)
defining the boundaries of
the service area;
(b)
specify a date for the purposes
of subsection (4). ,
(b)
in
subsection (2) by striking out "subsection
(1)," and substituting "subsection
(1.1) or (1.2),",
(c)
in
subsection (2) (a) by adding "and is
consistent with the order under subsection (1.1) or (1.2) of this
section" after "establishing
bylaw",
(d)
in
subsection (4) by striking out "within the
period specified in the order of the Lieutenant Governor in Council
under subsection (1) or, if no period is specified,"
and substituting "on or before the date
specified under subsection (1.1) (c) or (1.2) (b) or, if no date is
specified,", and
(e)
by
repealing subsection (5) and substituting the following:
(5) If
no date is specified under
subsection (1.1) (c) or (1.2) (b), the Lieutenant Governor in Council
may in a later order specify a date and, if this is done, a bylaw under
subsection (2) must be adopted on or before the date specified.
66
Section
782 is amended
(a)
in
subsection (2) by striking out "may, by the
issue of letters patent for the regional district,"
and substituting "may, by letters patent for
the regional district, do one or more of the following:",
(b)
in
subsection (2) (a) by striking out "service
area, and" and substituting "service
area;",
(c)
by
repealing subsection (2) (b) and substituting the following:
(b)
require the regional district
to administer on behalf of the municipality the service transferred
under paragraph (a) until a specified date after the effective date of
the transfer;
(c)
require the municipality to pay
to the regional district an amount for administering the service on
behalf of the municipality;
(d)
specify an amount or establish
formulas, rules or ratios for determining an amount payable under
paragraph (c). ,
(d)
by
adding the following subsection:
(2.1)
The municipality and the
regional district may enter into an agreement that modifies
(a) a
requirement under subsection
(2) (b) or (c), or
(b) an
amount specified or a
formula, rule or ratio established under subsection (2)
(d). ,
(e)
by
repealing subsection (3) and substituting the following:
(3)
Letters patent under subsection
(2) may do one or more of the following:
(a)
transfer to and vest in the
municipality any of the regional district's rights, property and assets
that relate to the transferred service;
(b)
transfer to and declare as
assumed by the municipality any of the regional district's obligations
that relate to the transferred service;
(c)
provide that a bylaw of the
regional district does not continue in force under section 24 (2);
(d)
continue in force any
resolutions of the regional district as resolutions of the municipality
applicable to the area of the municipality to which they applied as
resolutions of the regional district until those resolutions are
amended or repealed by the council of the municipality;
(e)
require the council of the
municipality to amend or repeal by a specified date a bylaw continued
under section 24 (2) or a resolution continued under paragraph (d) of
this subsection;
(f)
deem a reference to the
regional district in any commercial paper, lease, licence, permit or
other contract, instrument or document to be a reference to the
municipality. , and
(f)
by
adding the following subsection:
(4.2) On
the effective date of the
transfer under subsection (2) (a) of jurisdiction for a
service in respect of a specified part of the service area, the service
area for the service provided by the regional district is deemed to be
reduced to exclude the specified part of the service area for which
jurisdiction was transferred.
67
The
following section is added to Division 2 of Part 24:
Additional powers
782.1
(1) Despite this or any other Act, the Lieutenant Governor in Council
may, by letters patent or by order, do one or more of the following in
relation to the incorporation of a regional district, the establishment
or elimination of an electoral area, the redefinition of the boundaries
of an electoral area or the alteration of the boundaries of a regional
district:
(a)
impose requirements on the
regional district;
(b)
restrict the powers of the
regional district;
(c)
make provisions the Lieutenant
Governor in Council considers appropriate for the purpose of
preventing, minimizing or otherwise addressing any transitional
difficulties;
(d) in
respect of a provision
included in the letters patent or order under paragraphs (a)
to (c), provide an exception to or a modification of a requirement or
condition established by an enactment.
(2)
Despite this or any other Act,
letters patent of a regional district or an order of the Lieutenant
Governor in Council under this Part may establish any terms and
conditions the Lieutenant Governor in Council considers appropriate in
respect of any matter related to the letters patent or order.
(3) As
restrictions, in exercising a
power under this section, the Lieutenant Governor in Council may not do
the following:
(a)
override an absolute
prohibition contained in an enactment;
(b)
eliminate a requirement for
obtaining the assent of the electors, unless that requirement is
modified by replacing it with a requirement for obtaining the approval
of the electors by alternative approval process.
68
Section
857 is amended by adding the following subsection:
(9) If
an area in a regional
district is incorporated as a new municipality and the regional
district has adopted a regional growth strategy for all or part of the
area of the new municipality, the regional growth strategy is binding
on that new municipality.
69
Section
866 is amended by adding the following subsection:
(9) If a
regional growth strategy is
binding on a new municipality under section 857 (9)
and the regional growth strategy applies to all or part of the same
area of the municipality as an official community plan, the requirement
under subsection (1) of this section must be fulfilled by the
council submitting a proposed regional context statement to the board
within the earlier of the following:
(a) the
period established by the
Lieutenant Governor in Council by letters patent;
(b)
2 years after the
municipality was incorporated.
Miscellaneous Statutes
Amendment Act, 2000
70
Section
44 of the Miscellaneous Statutes Amendment Act, 2000, S.B.C. 2000, c.
9, as it enacts section 62 (2) of the Petroleum and Natural Gas Act, is
amended by striking out "under section 58 or
61" and substituting "under
section 58, 61 or 61.1".
Miscellaneous Statutes
Amendment Act, 2007
71
Section
67 of the Miscellaneous Statutes Amendment Act, 2007, S.B.C. 2007, c.
8, is repealed.
Motor Vehicle Act
72
Section
21 (1) (c) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed
and the following substituted:
(c)
that has displayed on it the
registration number plates of that jurisdiction for the current year,
or is a trailer that is designed exclusively to carry one axle of a
motor vehicle for the purpose of towing that motor vehicle behind
another motor vehicle and is from a jurisdiction that does not issue
registration number plates for that type of trailer, .
73
Section
25 is amended
(a)
by
repealing subsection (1.1) and substituting the following:
(1.1)
For the purposes of subsection
(1), an applicant must, if required by the Insurance Corporation of
British Columbia, provide documentary proof, satisfactory to the
Insurance Corporation of British Columbia, of the following:
(a)
that the applicant is a
resident of British Columbia;
(b) the
applicant's residential
address in British Columbia;
(c)
that the applicant is entitled
under the laws of Canada to be in Canada;
(d) the
applicant's
identity. ,
(b)
by
adding the following subsection:
(1.2) An
applicant for a driver's
licence referred to in subsection (1) who wishes the driver's licence
to indicate that the applicant is a Canadian citizen must, for the
purposes of subsection (1) and in addition to the other requirements in
this section,
(a)
provide documentary proof of
Canadian citizenship satisfactory to the Insurance Corporation of
British Columbia,
(b)
sign an application in the form
required by the Insurance Corporation of British Columbia,
(c) pay
the prescribed fee, and
(d)
meet the requirements set out
in the regulations. ,
(c)
in
subsection (7) by striking out "On receipt,
in the respective forms required under subsection (1), of the
application and the evaluation, and on being satisfied of the truth of
the facts stated in the application," and
substituting "On receipt, in the respective
forms required under subsection (1) or (1.2), of the application and
the evaluation, and on being satisfied of the completeness of the
application and the truth of the facts stated in the application,",
and
(d)
by
adding the following subsection:
(14.1)
Without limiting any
provision of this Act, the Lieutenant Governor in Council may make
regulations as follows:
(a)
setting out additional
requirements that must be met by an applicant for a driver's licence
that indicates the driver is a Canadian citizen;
(b)
setting out requirements that
must be met or continue to be met by a person who holds a driver's
licence that indicates the driver is a Canadian citizen;
(c)
setting out reasons for which a
driver's licence that indicates the driver is a Canadian citizen may be
cancelled;
(d)
specifying that section 25
(1.2) does not apply to a class of driver's licence.
74
Section
26 is amended by adding the following subsections:
(1.1)
The Insurance Corporation of
British Columbia may, without a hearing, refuse to issue a driver's
licence to a person who
(a) is
indebted to the government
of another province because of his or her failure to pay a fine, or a
victim's surcharge levy under legislation similar to the Victims
of Crime Act, imposed as a result of a conviction under
(i)
a motor vehicle related
Criminal Code offence, or
(ii)
a provision of an Act or
regulation of the other province that is set out in a regulation of the
superintendent as equivalent to a provision of this Act, the Commercial
Transport Act or the Transport of Dangerous Goods
Act or a regulation under any of them,
whether
the indebtedness arose
before or after this paragraph comes into force, or
(b) is
suspended or prohibited from
driving a motor vehicle in another province.
(1.2)
For the purposes of subsection
(1.1), the Insurance Corporation of British Columbia may rely on
information provided by another province.
75
Section
26.1 is amended by adding the following subsection:
(2.1)
Despite any other provision of
this Act or the regulations, the Insurance Corporation of British
Columbia may, with or without a hearing or refunding the fees for the
licence, cancel the driver's licence of a person who holds a driver's
licence that indicates he or she is a Canadian citizen
(a) if
the person does not meet or
no longer meets the requirements set out in regulations under section
25 (14.1) (b), or
(b) for
another reason set out in
regulations under section 25 (14.1) (c).
76
Section
31 (1) is repealed and the following substituted:
(1) If
the residential address of
the holder of a driver's licence issued under this Act is changed from
the address stated on the driver's licence, he or she must, within
10 days of the change of residential address,
(a)
notify the Insurance
Corporation of British Columbia of the change stating the number of his
or her driver's licence and his or her former and new addresses, and
(b)
provide proof satisfactory to
the corporation of his or her identity.
77
Section
60 is amended
(a)
in
subsection (4) by striking out "Subject to
subsections (5) and (6)," and substituting "Subject
to subsections (5), (6) and (6.1),", and
(b)
by
adding the following subsection:
(6.1) If
a person is not a Canadian
citizen or permanent resident of Canada, the Insurance Corporation of
British Columbia may only issue to the person a driver's licence with a
term that is of a duration that is no longer than the period during
which, under the laws of Canada, the person is entitled to be in Canada.
78
Section
67 is repealed.
79
The
following section is added:
Accident reports
67.1
(1) If a vehicle driven or operated on a highway directly or indirectly
causes death or injury to a person or damage to property causing
aggregate damage apparently exceeding a prescribed amount, the driver
of the vehicle must within the prescribed period of time after the
accident report the accident, in the form established by the
superintendent, to the person or public body identified in the
regulations for this purpose.
(2) If a
person required to make a
report under subsection (1) is incapable of making the report,
and there was another occupant of the vehicle at the time of the
accident who is capable of making the report, that occupant must make
the report.
(3)
Every report made under this
section is without prejudice and for the information of the person or
public body to whom the report is made and must not be open to public
inspection, except that a person involved in an accident, or that
person's authorized representative, is entitled to obtain on request
the names of any drivers involved, the licence number, the name of the
registered owner of any motor vehicle involved and the name of any
witness.
(4) The
fact a report has been made
under this section is admissible in evidence solely to prove compliance
with this section, and the report is admissible in evidence on the
prosecution of any person for the offence of making a false statement
in that report, but neither the report nor any statement contained in
it is admissible in evidence for any other purpose in a trial or
proceeding arising out of the accident referred to in the report.
80
Section
68 (1) (c) is amended by striking out "to a
peace officer or".
81
The
following section is added:
Right to collect information
103.1
The Insurance Corporation of British Columbia is authorized to collect
information from another province about the conviction of a person under
(a) a
motor vehicle related Criminal
Code offence, or
(b) a
provision of an Act or
regulation of the other province that is set out in a regulation of the
superintendent as equivalent to a provision of this Act, the Commercial
Transport Act or the Transport of Dangerous Goods
Act or a regulation under any of them,
whether
the conviction occurred
before or after this section comes into force.
82
Section
116 (1) is repealed and the following substituted:
(1) The
Insurance Corporation of
British Columbia must, on payment of a prescribed fee, provide a person
who requests information with respect to that person as owner, driver
or otherwise with an abstract, certified by the corporation, of the
record in the corporation's office during the 5 years
preceding the request relating to that person and setting out
particulars of
(a) any
conviction, order or
judgment made against that person under this Act, or referred to in
this Part,
(b) any
conviction under a motor
vehicle related Criminal Code offence,
(c) any
conviction, order or
judgment in another province under a provision of an Act or regulation
of the other province that is set out in a regulation of the
superintendent as equivalent to a provision of this Act, the Commercial
Transport Act or the Transport of Dangerous Goods
Act or a regulation under any of them, and
(d) any
motor vehicle registered in
that person's name.
(1.1)
For the purposes of subsection
(1), the Insurance Corporation of British Columbia may rely on
information provided by another province.
83
Section
183 is amended
(a)
in
subsection (9) (c) by striking out ", and to
any peace officer who is present,", and
(b)
by
repealing subsections (10) to (13).
84
The
following section is added:
Accident reports
183.1
(1) If an accident involving the presence or operation of a cycle on a
highway or a sidewalk directly or indirectly causes death or injury to
a person or damage to property causing aggregate damage apparently
exceeding a prescribed amount, the person in charge of the cycle must
within the prescribed period of time after the accident report the
accident, in the form established by the superintendent, to the person
or public body identified in the regulations for this purpose.
(2) A
report made under subsection
(1) is without prejudice and is for the information of the person or
public body to whom the report is made and must not be open to public
inspection.
(3) The
fact the report has been
made is admissible in evidence solely to prove compliance with this
section, and the report is admissible in evidence on the prosecution of
any person for the offence of making a false statement in it, but
neither the report nor any statement contained in it is admissible in
evidence for any other purpose in a trial or proceeding arising out of
the accident referred to in the report.
85
Section
210 is amended
(a)
in
subsection (3)
(i)
in paragraph (g) by striking out "or"
at the end of subparagraph (i), by adding ",
or" at the end of subparagraph (ii) and by
adding the following subparagraph:
(iii)
prescribed offences under
an Act or regulation of another province; ,
(ii)
by repealing paragraph (p) and substituting the following:
(p)
respecting identification cards
for persons, whether or not they hold licences under this Act,
including, without limitation, the requirements and conditions that
must be met by an applicant for an identification card or by the holder
of an identification card and the cancellation of cards, with power to
delegate a matter or confer a discretion relating to the issue,
cancellation and form of identification cards; , and
(iii)
by adding the following paragraphs:
(u)
identifying a person or public
body for the purposes of section 67.1 or 183.1, with power to
identify a different person or public body for different purposes;
(v)
exempting persons or classes of
persons from the requirements of section 67.1 or
183.1. , and
(b)
by
adding the following subsection:
(11)
Without limiting the authority
of the Lieutenant Governor in Council to make regulations under another
provision of this Act, the Lieutenant Governor in Council may make
regulations respecting any matter for which regulations of the
Lieutenant Governor in Council are contemplated by this Act.
86
The
following section is added:
Regulations of the
superintendent respecting equivalent
convictions
212.3
The superintendent may make regulations for the purposes of sections 26
(1.1), 103.1 and 116 (1) setting out a provision of an Act or
regulation of another province that is, in the opinion of the
superintendent, equivalent to a specified provision of this Act, the Commercial
Transport Act or the Transport of Dangerous Goods
Act or a regulation under any of them.
87
The
following Part is added:
Part
8 — Police Accident Reports
Accident reports by police
officer
249
(1) If
(a) a
vehicle driven or operated on
a highway directly or indirectly causes death or injury to a person or
damage to property causing aggregate damage apparently exceeding a
prescribed amount, or
(b) an
accident involving the
presence or operation of a cycle on a highway or a sidewalk directly or
indirectly causes death or injury to a person or damage to property
causing aggregate damage apparently exceeding a prescribed amount,
a police
officer who attends the
accident must complete a written report of the accident in the form
established by the Insurance Corporation of British Columbia and
forward it to the corporation within 10 days of the accident.
(2) A
person involved in an accident
referred to in subsection (1) (a), or that person's authorized
representative, is entitled to obtain on request the names of any
drivers involved, the licence number, the name of the registered owner
of any motor vehicle involved and the name of any witness.
Municipal Finance Authority
Act
88
Section
1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is
amended
(a)
by
adding the following definition:
"northern
municipality"
has the same meaning as in section 25 of the Municipalities
Enabling and Validating Act (No. 3); , and
(b)
by
repealing the definition of "regional district"
and substituting the following:
"regional
district" includes,
(a)
except for the purposes of the
definitions of "pooled investment fund" and "public institution", the
northern municipality, and
(b)
except for the purposes of
sections 2 and 7,
(i)
the Greater Vancouver Water
District,
(ii)
the Greater Vancouver
Sewerage and Drainage District, and
(iii)
a regional hospital
district under the Hospital District Act, other
than the Greater Vancouver Regional Hospital District,
if a
notice of intention has been
given under section 25; .
89
The
following section is added:
Modifications required in
respect of northern
municipality
1.1
(1) For the purpose of applying this Act to the northern municipality,
(a) a
reference in this Act to a
regional board or the board of a regional district is to be read as a
reference to the council of the northern municipality, and
(b) a
reference in this Act to a
director of a regional board is to be read as a reference to a council
member of the council of the northern municipality.
(2) For
the purpose of applying
sections 15 (3) (b) and 26 (1) to the northern municipality, the
references in those sections to the chair and financial officer of the
regional district are to be read as references to the mayor and
financial officer of the northern municipality.
90
Section
2 is amended by adding the following subsection:
(12)
Despite any other provision in
this section, a person who is a member or alternate member of the
authority on the date this subsection comes into force and who was
appointed by the regional board of the Northern Rockies Regional
District continues as a member or alternate member of the authority
until a successor is appointed by the council of the northern
municipality.
Municipalities Enabling and
Validating Act (No. 3)
91
Sections
10 and 11 of the Municipalities Enabling and Validating Act (No. 3),
S.B.C. 2001, c. 44, are repealed.
92
Part 8
is amended
(a)
by
adding the following heading immediately before section 22:
Division
1 — General ,
(b)
by
adding the following sections:
Letters patent —
Comox Valley Regional
District
23
(1) Despite section 796.1 of the Local Government Act,
section 16 (3) of the letters patent incorporating the Comox Valley
Regional District, issued further to Order in Council 59/2008, is
confirmed and validated.
(2) All
resolutions, bylaws and
actions of the Comox Valley Regional District in relation to the
establishing bylaws referred to in section 16 (3) of the letters patent
incorporating the Comox Valley Regional District are conclusively
deemed to have been validly adopted or taken as of the date that they
were adopted or taken, to the extent they would have been valid had
this section been in force on the date they were adopted or taken.
(3) 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.
Comox Valley Regional
District —
development cost charge bylaws
24
(1) In this section:
"affected
local
government", in relation to a development cost charge
region, means
(a) a
municipality, if all or part
of the municipality is in the development cost charge region, and
(b) the
Comox Valley Regional
District, if all or part of an electoral area is in the development
cost charge region,
but
does not include the
municipality whose council is proposing the development cost charge
bylaw or the Comox Valley Regional District if the board is proposing
the development cost charge bylaw;
"minister"
means the minister charged with the administration of the Community
Charter;
"proposed
bylaw"
means a proposed development cost charge bylaw that is to apply in
relation to a subdivision, building or structure in the development
cost charge region.
(2) The
minister may, by order,
designate all or part of the area of the Comox Valley Regional District
as a development cost charge region.
(3) A
local government may not give
a proposed bylaw first reading unless
(a) at
least 60 days before the
proposed bylaw is given first reading, the local government has
referred the matter to all affected local governments in accordance
with subsection (4), and
(b) the
local government has taken
into consideration any responses provided under subsection (5) (b).
(4) For
the purposes of subsections
(3) (a) and (8) (b), a local government must, by resolution, refer to
all affected local governments all of the following material:
(a) any
proposed bylaw;
(b) any
relevant development cost
charge bylaw that applies in the development cost charge region;
(c) in
respect of any proposed
bylaw and any relevant development cost charge bylaw, the
considerations, information and calculations used to determine the
schedule referred to in section 934 (1) of the Local
Government Act, but any information respecting the
contemplated acquisition costs of specific properties is not required
to be referred;
(d) any
other information required
under subsection (10) of this section.
(5)
After receiving the material
referred to it under subsection (4), each affected local government
(a)
must promptly review the
material in the context of any development cost charge policies,
official community plans, regional growth strategies and strategies
respecting services for its jurisdiction, both those that are current
and those that are in preparation, and in the context of any other
matters that affect its jurisdiction, and
(b)
within 45 days after receiving
the material, may respond, by resolution, to the proposing local
government by providing the results of the review under paragraph (a)
of this subsection.
(6) When
a local government submits
a proposed bylaw to the inspector for approval under section 937 of the
Local Government Act, the local government
must submit to the inspector information respecting the consideration
by the local government of the responses provided under subsection (5)
(b) of this section in respect of the proposed bylaw.
(7) In
addition to the reasons the
inspector may refuse to grant approval under section 937 (2)
of the Local Government Act, the inspector may
refuse to grant approval of a proposed bylaw under section 937 (1) of
that Act if the inspector determines that the local government has not
properly considered the responses provided under subsection (5) (b) of
this section in respect of the proposed bylaw.
(8) The
inspector may require a
local government
(a) to
review, by a date specified
by the inspector, a development cost charge bylaw that applies in the
development cost charge region, and
(b) as
part of the review, to refer
the matter to all affected local governments in accordance with
subsection (4).
(9) If a
local government is
required under subsection (8) to review a development cost charge bylaw
and, further to the review, the local government does not give a
proposed bylaw first reading within 120 days after the date specified
by the inspector under subsection 8 (a), the local government must
promptly submit to the inspector the results of the review, including
(a)
reasons why changes to the
development cost charge bylaw are not proposed or why a proposed bylaw
was not given first reading, and
(b)
information respecting the
consideration by the local government of the responses provided under
subsection (5) (b) in respect of the development cost charge bylaw or a
proposed bylaw.
(10) The
minister may, by order, do
one or both of the following:
(a)
specify information for the
purposes of subsection (4) (d);
(b)
impose requirements on a local
government relating to the development of a proposed bylaw. , and
(c)
by
adding the following Division:
Division
2 — Provisions Respecting New Northern Municipality
and Dissolution of Northern Rockies Regional District
Definition
25
In this Division, "northern municipality"
means the municipality whose incorporation under section 7 (1) of the Local
Government Act resulted in the revocation under section 7
(3) of that Act of the letters patent of the Town of Fort Nelson.
Dissolution of Northern
Rockies Regional District
26
(1) On the incorporation of the northern municipality, the Lieutenant
Governor in Council may, by order, revoke the letters patent of the
Northern Rockies Regional District.
(2) On
the revocation of the letters
patent of the Northern Rockies Regional District, the Northern Rockies
Regional District is dissolved.
(3)
Section 12.5 [transfer
of assets and obligations and continuation of bylaws] of the
Local Government Act applies for the
purposes of this section, except that
(a) a
reference in that section to
the dissolved municipality is to be read as a reference to the Northern
Rockies Regional District, and
(b) a
reference in that section to
the new municipality is to be read as a reference to the northern
municipality.
(4) In
respect of bylaws or
resolutions continued in force as bylaws or resolutions of the northern
municipality, if there is a conflict or inconsistency between a bylaw
or resolution of the Town of Fort Nelson that is continued under
section 12.5 of the Local Government Act and a
bylaw or resolution of the Northern Rockies Regional District that is
continued under section 12.5 of the Local Government Act,
as that section applies for the purposes of this section, the bylaw or
resolution of the Northern Rockies Regional District prevails.
Alteration of northern
municipality's boundaries
and adjoining regional district
27
(1) On the recommendation of the minister, the Lieutenant Governor in
Council may, by letters patent, alter the boundaries of the northern
municipality and an adjoining regional district by reducing the area of
one and increasing the area of the other by the inclusion of the area
withdrawn.
(2)
Before making a recommendation
under subsection (1), the minister must
(a)
consult with the minister who
administers the Hospital District Act for the
purpose of ensuring that any boundary alteration will, if possible,
maintain coextensive regional district and hospital district boundaries,
(b)
notify all regional districts
that will be affected by the proposed recommendation, and
(c) in
the case of reducing the
area of the northern municipality and increasing the area of an
adjoining regional district by the inclusion of the area withdrawn,
receive from the council of the northern municipality a request made in
accordance with section 26 [reduction of municipal area]
of the Local Government Act.
(3)
Letters patent under subsection
(1) may not be issued for 6 months after notice has been given
under subsection (2) (b).
(4) In
letters patent under
subsection (1), the Lieutenant Governor in Council may do one or more
of the following:
(a)
transfer to and vest in the
northern municipality or regional district any of the rights, property
and assets of the other;
(b)
transfer to and declare as
assumed by the northern municipality or regional district any of the
obligations of the other;
(c)
provide that a bylaw or
resolution of the council or board having jurisdiction before the
alteration of boundaries does not remain in force under subsection (5);
(d)
require the council of the
northern municipality or the board of the regional district to amend or
repeal by a specified date a bylaw or resolution that remains in force
under subsection (5);
(e)
deem a reference to the
northern municipality or regional district in any commercial paper,
lease, licence, permit or other contract, instrument or document to be
a reference to the other.
(5)
Subject to the letters patent,
the bylaws and resolutions of the council of the northern municipality
or board of the regional district that had jurisdiction before the
alteration of boundaries remain in force until they are amended or
repealed by the council of the northern municipality or the board of
the regional district having jurisdiction following the alteration of
boundaries.
Security issuing and loan
authorization bylaws
28
(1) Section 825 (1) to (4) [security issuing bylaws]
of the Local Government Act applies to the
northern municipality, except that the reference to a board is to be
read as a reference to the council of the northern municipality.
(2)
Section 262 (3.1) [application
to court to set aside security issuing bylaw] of the Local
Government Act applies to the northern municipality, except
that the references to a regional district are to be read as references
to the northern municipality.
(3)
Section 182 [municipal
financing through regional district] of the Community
Charter does not apply to the northern municipality.
(4) In
applying sections 179 (4) [loan
authorization bylaws for long term borrowing] and 181 (2) [temporary
borrowing under loan authorization bylaw] of the Community
Charter to the northern municipality, a reference to section
182 of the Community Charter is to be read as a
reference to subsection (5) of this section.
(5)
Except as permitted by section
181 [temporary borrowing under loan authorization bylaw]
of the Community Charter or by the Municipal
Finance Authority Act, the northern municipality must not
borrow money under a loan authorization bylaw unless the financing is
undertaken under section 825 of the Local Government Act,
as it applies under subsection (1) of this section, through
the Municipal Finance Authority of British Columbia.
Application of Local
Government Act
provisions
29
Sections 6.9 [application of Escheat Act] and 15 [publication
of letters patent] of the Local Government Act
apply for the purposes of this Division.
Interim regulations
30
(1) In this section, "designated enactment"
means any of the following:
(a) the
Community Charter;
(b) the
Environmental
Management Act;
(c) the
Hospital
District Act;
(d) the
Local Government
Act;
(e) the
Municipal
Finance Authority Act;
(f) a
regulation under an Act
referred to in paragraphs (a) to (e).
(2)
Despite the designated
enactments, the Lieutenant Governor in Council may make regulations as
follows:
(a)
providing an exception to or a
modification of a provision in a designated enactment or providing for
the application or continued application of a provision in a designated
enactment in relation to the northern municipality or an area that is
not in the northern municipality but was in the Northern Rockies
Regional District;
(b)
making provisions the
Lieutenant Governor in Council considers appropriate for the purpose of
preventing, minimizing or otherwise addressing any transitional
difficulties in relation to the incorporation of the northern
municipality or the dissolution of the Northern Rockies Regional
District.
(3) A
regulation under subsection
(2) may be made retroactive to the date of incorporation of the
northern municipality or a later date, and if made retroactive is
deemed to have come into force on the specified date.
(4) To
the extent of any conflict
between a regulation under subsection (2) and a designated enactment,
the regulation prevails.
(5) A
regulation may not be made
under subsection (2) and a regulation made under subsection (2) ceases
to have effect after December 31, 2010.
Petroleum and Natural Gas Act
93
Section
55 (1) (b) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361,
is repealed and the following substituted:
(b) to
be the location of a lease
issued under section 71 or 72.
94
Section
56 is amended by adding the following subsection:
(3) This
section does not apply to a
disposition made under
(a)
section 71 or 72, or
(b) a
regulation under section 133
(2) (e).
95
Section
58 (3) is amended by striking out "under this
section," and substituting "under
this section or section 61.1,".
96
The
following section is added:
Continuation of previous
reversion rules for older
leases
59.1
(1) Despite section 59, this section
continues to apply to a lease
(a)
that was issued under section
64 or 71 before March 29, 2007,
(b)
that is issued from a permit or
a drilling licence that was issued before March 29, 2007, if the
location of the lease is within or coincides with the location of the
permit or the drilling licence, or
(c)
that is issued under section 64
from a lease described in paragraph (a) or (b) of this subsection.
(2) If,
at the relevant time
referred to in this subsection, a lease is continued under section 58,
the petroleum and natural gas rights granted by the lease that are
stratigraphically below the base of the deepest zone known by the
director to be capable of production in the lease or the part of the
lease revert to the government and do not continue under the lease
(a) in
the case of a 5 year lease,
on the expiration of its initial term,
(b) in
the case of a 10 year lease,
on the expiration of its initial term,
(c) in
the case of a 10 year lease
that is a renewal of a 21 year lease, on the expiration of its term, and
(d) in
the case of a 21 year lease,
on the expiration of its initial term.
(3) If,
at the relevant time
referred to in subsection (2), all or part of the lease is being
continued under section 61 or 62, subsection (2) applies to that lease
for the part so continued on the date on which the continuation ceases
under section 61 or 62, as the case may be.
97
Section
60 (4) (b) is repealed and the following substituted:
(b)
surrender all of the location
of the lease except eligible spacing areas as defined in section 58 (1)
or 61.1 (1).
98
The
following section is added:
Continuation of leases for
certain disposal well
purposes
61.1
(1) In this section:
"eligible
disposal well"
means a well that is used or planned to be used to dispose of water,
carbon dioxide or other waste fluids associated with petroleum or
natural gas exploration, production or processing;
"eligible
lease"
means a lease for a location that includes all or part of an eligible
spacing area;
"eligible
spacing area"
means a spacing area, other than a spacing area that is subject to a
scheme approved under section 100, that
(a)
contains an eligible disposal
well,
(b) is,
in the opinion of the
director, planned to contain an eligible disposal well, or
(c) is,
in the opinion of the
director, likely to be needed in relation to an existing or planned
eligible disposal well that is situated on a nearby spacing area.
(2) If
an eligible lease expires,
whether after its initial term or after a continuation under this
section or under section 58, 61 or 62, on application by the lessee
made not later than 60 days after the expiry of the lease, the director
may continue that lease for one year in respect of one or more zones in
the eligible spacing area that the director considers are appropriate
in relation to the relevant existing or planned eligible disposal well.
(3) If
all or part of an eligible
lease is continued under this section, the petroleum and natural gas
rights granted by the lease that are stratigraphically outside the zone
or zones identified by the director under subsection (2) revert to the
government when that continuation begins, subject to any continuation
under section 58.
99
Section
62 (2) is amended by striking out "under
section 58 or 61" and substituting "under
section 58, 61 or 61.1".
100
Section
63 is amended by striking out "sections 58,
61 and 62," and substituting "sections
58, 61, 61.1 and 62,".
101
Section
71 is repealed and the following substituted:
Disposal of Crown reserves
by public auction or tender
71
(1) The minister may dispose of Crown reserves of petroleum and natural
gas, oil sand, oil sand products, oil shale and oil shale products
under terms the minister sees fit.
(2) A
disposition under this section
must be by public auction or public tender, not sooner than 2 weeks
after publication of a notice of the intended disposal in the Gazette.
(3)
Unless otherwise directed by the
minister,
(a) a
lease issued under this
section is subject to the terms of this Act as though it had been
applied for and issued under Part 6, and
(b) a
permit issued under this
section is subject to the terms of this Act as though it had been
issued under Part 5.
102
Section
72 is repealed and the following substituted:
Withdrawal from disposition
under section 71 and
alternative disposition
72
(1) The minister may, by order, withdraw Crown reserves referred to in
section 71 (1) from disposition under that section.
(2)
Crown reserves withdrawn under
subsection (1)
(a)
remain withdrawn until the
withdrawal order is cancelled by the minister, and
(b) may
be
(i)
developed, managed or
disposed of by the minister in accordance with the terms and for the
price approved by the Lieutenant Governor in Council, or
(ii)
disposed of in accordance
with regulations under subsection (3).
(3) The
Lieutenant Governor in
Council may make regulations for the purposes of subsection (2) (b)
(ii), including regulations respecting one or more of the following:
(a) who
is authorized to make a
disposition;
(b) the
process by which all or
part of a reserve is to be offered for disposition;
(c)
criteria that must or may be
applied in making dispositions, including criteria respecting
(i)
environmental values,
(ii)
technological innovation,
(iii)
community interests,
(iv)
First Nations
considerations,
(v)
long-term economic planning,
(vi)
the purpose for which the
spacing area is to be used, and
(vii)
other matters that the
Lieutenant Governor in Council considers are in the public interest;
(d) the
manner and form of
dispositions;
(e) the
price to be recovered by
the government from a disposition or how that price is to be determined;
(f)
restrictions and conditions on
which the authority to make dispositions may be exercised;
(g)
terms and conditions that must
or may be included in the disposition.
(4)
Regulations under subsection (3)
may do one or more of the following:
(a)
confer a discretion;
(b)
provide authority for a person
authorized under subsection (3) (a) to delegate that authority to
another person;
(c) be
different for different
areas, types of reserves, zones, proposed purposes of a spacing area
and proposed uses of a reserve.
103
Section
133 (2) (e) is amended by striking out "section
71 (1)" and
substituting "section 71".
Private Career Training
Institutions Act
104
Section
1 of the Private Career Training Institutions Act, S.B.C. 2003, c. 79,
is amended
(a)
by
adding the following definition:
"basic
education
standards" means the basic education standards
established by the bylaws; , and
(b)
in
the definition of "registered institution" by
repealing "section 15"
and substituting "sections 14 and 15".
105
Section
3 (a) is repealed and the following substituted:
(a) to
establish basic education
standards for registered institutions and to provide consumer
protection to the students and prospective students of registered
institutions; .
106
Section
4 (2) (b) is amended by striking out "one
member" and substituting "3
members".
107
Section
5 (1) is amended by striking out "The board"
and substituting "To serve the public
interest, including the interests of students attending registered
institutions, the board".
108
Section
6 (1) is amended
(a)
in
paragraph (a) by striking out "9"
and substituting "7",
(b)
in
paragraph (h) by adding ", including
requirements relating to basic education standards"
at the end of the paragraph, and
(c)
by
adding the following paragraph:
(r) in
relation to a claim under
section 16 on the grounds referred to in section 15 (a.1),
(i)
specifying the classes of
claimants who may file a claim and the procedures that must be followed,
(ii)
specifying the procedures
to be followed to investigate and adjudicate a claim,
(iii)
specifying the maximum
amount that can be paid to a claimant, and
(iv)
specifying the classes of
persons to whom payments may be made.
109
Section
15 is amended by adding the following paragraph:
(a.1)
refunding a portion of the
tuition fees a student has paid to a registered institution that, in
the opinion of the board, has misled a student regarding the
institution or any aspect of its operations; .
110
Section
16 (1) (b) is amended by adding "in the case
of a claim on the grounds referred to in section 15 (a),"
at the beginning of the paragraph.
111
Section
25 (2) (h) to (k) is repealed and the following substituted:
(h) in
relation to a claim under
section 16 on the grounds referred to in section 15 (a),
(i)
specifying the classes of
claimants who may file a claim and the procedures that must be followed,
(ii)
specifying the procedures
to be followed to adjudicate a claim,
(iii)
specifying the maximum
amount that can be paid to a claimant, and
(iv)
specifying the classes of
persons to whom payments may be made.
Provincial Court Act
112
Section
1 of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended
(a)
in
the definition of "full time judge" by striking
out "section 6 (1) (b)"
and substituting "section 6 (1) (b) (i)",
(b)
by
adding the following definitions:
"full
time judicial
justice" means
(a) a
judicial justice appointed
under section 30.2 (1) on a full time basis, or
(b) a
person who, under section
30.3 (1) or (2), is deemed to be a judicial justice appointed under
section 30.2 (1) on a full time basis;
"justice
of the peace"
means a justice of the peace appointed under section 30 (1);
"part
time judicial
justice" means
(a) a
judicial justice appointed
under section 30.2 (1) on a part time basis, or
(b) a
person who, under section
30.3 (3), is deemed to be a judicial justice appointed under section
30.2 (1) on a part time basis; , and
(c)
by
repealing the definitions of "judicial justice",
"justice" and "part
time judge" and substituting the following:
"judicial
justice"
means a full time judicial justice or a part time judicial justice;
"justice"
means a judicial justice or a justice of the peace;
"part
time judge"
means a judge who
(a) is
appointed under section 6
(1) (b) (ii) or (iii) to hold office as a part time judge, or
(b)
elects under section 9.1 (1) to
hold office as a part time judge; .
113
Section
6 is amended
(a)
in
subsection (1) by repealing paragraph (b) and substituting the
following:
(b) if
a judge has resigned or
retired
(i)
reappoint the judge,
(ii)
appoint the judge to hold
office as a part time judge for a term of one year, or
(iii)
reappoint the judge
referred to in subparagraph (ii) for additional terms, each term being
for one year,
so that
he or she can be assigned
duties under section 11 (1). ,
(b)
in
subsection (3) by striking out "subsection
(1) (b):" and substituting "subsection
(1) (b) (i):", and
(c)
in
subsection (3) (a) by striking out "70 years"
and substituting "75 years".
114
Section
9.1 is amended
(a)
in
subsection (1) by striking out "a judge"
in both places and substituting "a full time
judge" and by striking out "part
time judge" and substituting "part
time judge under this section",
(b)
by
repealing subsection (6) and substituting the following:
(6) An
election under subsection (1)
is irrevocable once the judge begins service as a part time judge under
subsection (1) and the part time judge may not resume office as a full
time judge or commence service as a part time judge under
section 6 (1) (b) (ii) before ceasing to hold office under
section 17 (5). , and
(c)
by
repealing subsections (11), (13) and (14).
115
Section
10 is amended by adding the following subsection:
(4) A
chief judge, associate chief
judge or administrative judge may not serve as a part time judge under
section 6 (1) (b) (ii) or (iii) while serving as chief judge, associate
chief judge or administrative judge.
116
Section
17 (3) is repealed and the following substituted:
(3) A
judge, other than a part time
judge, ceases to hold office at the end of the month in which the judge
reaches 75 years of age.
(4) A
part time judge under section
6 (1) (b) (ii) or (iii) ceases to hold office as a judge on the earlier
of the following:
(a) the
expiration of the one year
term of appointment;
(b) the
end of the month in which
the judge reaches 75 years of age;
(c) the
effective date of a
resignation submitted under subsection (2) of this section.
(5) A
part time judge under section
9.1 (1) ceases to hold office as a judge on the earlier of the
following:
(a) the
end of the month in which
the judge reaches 75 years of age;
(b) 7
years from the date that the
judge ceases to serve as a full time judge;
(c) the
effective date of a
resignation submitted under subsection (2) of this section.
117
Section
30 is amended
(a)
in
subsection (2) by striking out "justice
appointed under subsection (1)" and
substituting "justice of the peace appointed
under subsection (1)", and
(b)
in
subsection (3) by adding "and judicial
justices" before "are
justices of the peace."
118
Section
30.1 is repealed.
119
The
following sections are added:
Judicial justices
30.2
(1) The Lieutenant Governor in Council may appoint, by Commission under
the Great Seal, on the recommendation of the council, the judicial
justices the Lieutenant Governor in Council considers necessary.
(2)
Subject to this Act, a judicial
justice holds office during good behaviour.
(3) A
judicial justice may be
appointed under subsection (1) to serve office on a full time basis or
a part time basis for only one fixed term of 10 years.
(4) The
chief judge must offer to a
part time judicial justice a minimum number of 40 working days in each
12 month period,
(a) for
a part time judicial
justice who is appointed under subsection (1), commencing on the date
of his or her appointment, and
(b) for
a part time judicial
justice who, under section 30.3 (3), is deemed to be appointed as a
judicial justice under subsection (1) on a part time basis, commencing
on the date this section comes into force.
(5)
Before entering on the duties of
his or her office, a judicial justice must swear on oath as follows:
I, ...,
do swear that I will truly
and faithfully, according to my skill and knowledge, execute the
duties, powers and trusts placed in me as a judicial justice and that I
will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth II, her heirs and successors.
(6)
Judges of the Provincial Court,
Supreme Court and Court of Appeal are judicial justices.
Deemed judicial justices
30.3
(1) Every justice of the peace who
(a) was
designated before June 1,
2007 as a judicial justice under section 30.1 (1)
before the repeal of that section,
(b) was
not receiving pension
benefits provided under the Judicial Compensation Act
immediately before this section comes into force, and
(c) has
not ceased to hold office
is deemed
to be appointed as a
judicial justice under section 30.2 (1) on a full time basis, except
that section 30.2 (3), with respect to the fixed term, and
section 33 (1.1) (a) do not apply to the deemed full
time judicial justice.
(2)
Every justice of the peace who,
immediately before April 11, 2001, held an appointment as a court
referee under section 35, as it read immediately before April 11, 2001,
and who has not ceased to hold office, is deemed to be a judicial
justice appointed under section 30.2 (1) on a full time basis, except
that section 30.2 (3), with respect to the fixed term, and
section 33 (1.1) (a) do not apply to the deemed full time judicial
justice.
(3)
Every justice of the peace
(a) who
(i)
was designated before June
1, 2007 as a judicial justice under section 30.1 (1) before
the repeal of that section,
(ii)
was receiving pension
benefits provided under the Judicial Compensation Act
immediately before this section comes into force, and
(iii)
has not ceased to hold
office, or
(b) who
(i)
was designated on or after
June 1, 2007 as a judicial justice under section 30.1 (1) before the
repeal of that section, and
(ii)
has not ceased to hold
office,
is deemed
to be appointed as a
judicial justice under section 30.2 (1) on a part time basis, except
that section 30.2 (3), with respect to the fixed term, and
section 33 (1.1) (a) do not apply to the deemed part time
judicial justice.
Duties of judicial justices
30.4
(1) A full time judicial justice must devote himself or herself
exclusively to his or her duties as a full time judicial justice and
must not engage, directly or indirectly, in any other occupation,
profession or business.
(2) A
part time judicial justice
must devote himself or herself exclusively to his or her duties as a
part time judicial justice on the working days, or portions of working
days, scheduled by the chief judge.
120
Section
32 (1) and (6) are amended by striking out "justice
other than a judicial justice" and substituting
"justice of the peace".
121
Section
33 (1) to (3) is repealed and the following substituted:
(1) A
justice of the peace ceases to
hold office as a justice of the peace on the earliest of the following:
(a) the
end of the month in which
the justice of the peace reaches 75 years of age;
(b) the
effective date of a
resignation submitted by the justice of the peace under subsection (4).
(1.1) A
judicial justice ceases to
hold office as a judicial justice on the earliest of the following:
(a) the
date that the term of
appointment of the judicial justice under section 30.2 (3)
expires;
(b) the
end of the month in which
the judicial justice reaches 75 years of age;
(c) the
effective date of a
resignation submitted by the judicial justice under subsection (4).
122
Section
34 is amended by renumbering the section as section 34 (1) and adding
the following subsection:
(2) A
part time judicial justice
must not, during his or her term of office,
(a)
practise criminal law,
(b) act
as legal counsel for or
against Her Majesty the Queen in right of the Province of British
Columbia or in right of Canada, or
(c) be
in a position of conflict
with his or her duties as a part time judicial justice.
Representative for Children
and Youth Act
123
Section
23 of the Representative for Children and Youth Act, S.B.C. 2006, c.
29, is amended
(a)
by
adding the following subsection:
(4.1)
Despite any other provision of
this Act except subsection (7) of this section, on the request of any
person, the representative may disclose information, including personal
information, if, in the opinion of the representative,
(a) the
disclosure is necessary to
confirm the representative is performing, has performed or intends to
perform one or more of the functions set out in section 6 (a) to (c) in
respect of an individual, and
(b) the
public interest in the
disclosure outweighs the privacy interests of any individual whose
personal information is disclosed. ,
(b)
by
repealing subsection (6),
(c)
in
subsection (7) by striking out "subsections
(5), (6) and (8)," and substituting "subsections
(5) and (8) (a),", and
(d)
in
subsection (8) by striking out ", or"
at the end of paragraph (a) and by repealing paragraph (b).
Supreme Court Act
124
Section
2 (2) (c) of the Supreme Court Act, R.S.B.C. 1996, c. 443, is repealed
and the following substituted:
(c) 90
other judges.
125
Section
11 (6) is amended by striking out "the age of
70." and substituting "75
years of age."
Transportation Investment Act
126
Section
1 of the Transportation Investment Act, S.B.C. 2002, c. 6, is amended
(a)
in
the definition of "billing organization" by
striking out "section 4 (a);"
and substituting "section 4 (1) (a);",
and
(b)
by
adding the following definitions:
"classified
vehicle"
means a vehicle belonging to a prescribed class or category of vehicles;
"inspector"
means a person, or a member of a class of persons, designated in
accordance with the regulations to carry out the functions of an
inspector under this Act; .
127
Section
4, as amended by section 4 (a) of the Transportation Investment (Port
Mann Twinning) Amendment Act, 2008, is amended in subsection (1) (c) by
striking out "specified vehicles or classes
of vehicles" and substituting "specified
persons or vehicles or classes of persons or vehicles".
128
Section
6 (3.1), as enacted by section 5 (a) of the Transportation Investment
(Port Mann Twinning) Amendment Act, 2008, is amended by striking out "by
the minister" and substituting "by
the corporation".
129
Section
8, as amended by section 6 of the Transportation Investment (Port Mann
Twinning) Amendment Act, 2008, is amended
(a)
in
subsection (2) by adding "or (1.1)"
after "referred to in subsection (1)",
(b)
in
subsection (3.1) by striking out "subsection
(4)" and substituting "subsection (4.1)",
and
(c)
by
adding the following subsection:
(4.1)
Subsection (3.1) does not
apply to the corporation or any director, officer, employee or agent of
the corporation, if the failure referred to in
subsection (3.1) is in bad faith.
130
Section
17, as amended by section 9 of the Transportation Investment (Port Mann
Twinning) Amendment Act, 2008, is amended
(a)
in
subsection (1) (b), (c) and (d) (iii) by adding "or
if the vehicle is a classified vehicle, be charged in accordance with
the regulations," after "was
issued,",
(b)
by
repealing subsection (1) (d) (ii) and substituting the following:
(ii)
if there is, in relation to
that vehicle, a payment mechanism established with the concessionaire
or the billing organization that is in good standing or in which there
are sufficient funds to pay the required toll, be charged or debited in
accordance with the payment mechanism, or ,
(c)
in
subsection (2) by striking out "that person"
and substituting "or is charged in respect of
a classified vehicle in accordance with the regulations, that person or
the operator or owner of the classified vehicle",
and
(d)
in
subsection (2) (a) and (b) by adding ",
operator or owner" after "person".
131
Section
22 is amended
(a)
in
subsection (1) by adding "charged in respect
of a classified vehicle in accordance with the regulations or"
after "a toll", and
(b)
by
repealing subsection (2) and substituting the following:
(2) If
an amount is paid in relation
to a toll charged in respect of a classified vehicle in accordance with
the regulations or a person's account or payment mechanism is debited
or charged under section 17 in relation to a toll,
(a) the
owner of the classified
vehicle or the person whose account or payment mechanism is debited is,
for the purposes of sections 20 and 21 and subsection (1) of this
section, deemed to have received an invoice in relation to the amount
paid or deducted, and
(b) the
concessionaire must, on the
request of that owner or person, issue to that owner or person an
invoice, marked as paid, for the amount paid or deducted.
132
Section
25 is amended
(a)
by
repealing subsection (1) and substituting the following:
(1) In
this section:
"law
enforcement"
has the same meaning as in the Freedom of Information and
Protection of Privacy Act;
"personal
information"
has the same meaning as in the Freedom of Information and
Protection of Privacy Act. ,
(b)
in
subsection (2) (a) by adding "subject to
subsection (2.1)," before "is
collected",
(c)
in
subsection (2) (c) by striking out "and
notice of that collection is provided, in accordance with the
regulations, to the individuals to whom the information relates,",
(d)
by
adding the following subsections:
(2.1)
The requirement for express
consent under subsection (2) (a) applies only with respect to
individuals who have an account or other payment mechanism established
with a concessionaire or the billing organization that is in good
standing.
(2.2)
The requirements of section 27
(2) of the Freedom of Information and Protection of Privacy
Act are conclusively deemed to be satisfied by publication
by the concessionaire on its website referred to in section 25.1 of the
information required under that section. ,
(e)
in
subsection (3) (b) (ii) by adding ", charging"
after "of assessing"
and by adding ", or assessing or collecting
toll debts" after "charges",
(f)
by
repealing subsections (4) to (6) and substituting the following:
(4)
Without limiting any other power
the Insurance Corporation of British Columbia may have to collect, use
or disclose personal information, the Insurance Corporation of British
Columbia may enter into information-sharing agreements with any or all
of the minister, the corporation, concessionaires, the South Coast
British Columbia Transportation Authority and the billing organization,
and persons engaged by the minister, the corporation, concessionaires,
the South Coast British Columbia Transportation Authority and the
billing organization, for the purposes set out in subsection (4.1).
(4.1) An
information-sharing
agreement under subsection (4) may be entered into for the purpose of
(a)
ensuring safety in relation to
the operation of the concession highway,
(b) the
assessment, charging or
collection of tolls or related fees, interest or other charges or the
assessment or collection of toll debts, or
(c) the
charging or collection of
fares, fees or other charges on a tolled highway in the Province or in
another jurisdiction.
(5)
Without limiting any other power
the government or the corporation may have to collect, use or disclose
personal information, the government or the corporation may enter into
an information-sharing agreement with
(a) the
government of Canada or an
agency of that government,
(b) the
government of a province or
other jurisdiction in Canada or an agency of that government,
(c) the
government of a state of
the United States or an agency of that government,
(d) the
Insurance Corporation of
British Columbia,
(e) a
concessionaire or the billing
organization,
(f) the
corporation,
(g) the
South Coast British
Columbia Transportation Authority, or
(h) any
other person prescribed by
regulation,
for any
one or more of the following
purposes:
(i) the
operation of a concession
highway or the operation of a tolled highway in the Province or in
another jurisdiction;
(j)
assisting a public body or a
law enforcement agency in Canada in an investigation
(i)
undertaken with a view to a
law enforcement proceeding, or
(ii)
from which a law
enforcement proceeding is likely to result;
(k)
ensuring safety in relation to
the operation of a concession highway or the operation of a tolled
highway in the Province or in another jurisdiction;
(l) the
assessing, charging or
collection of tolls or toll debts on a concession highway;
(m) the
charging or collection of
fares, fees or other charges on a tolled highway in the Province or in
another jurisdiction.
(6)
Without limiting any other power
the government or the corporation may have to collect, use or disclose
personal information, the government or the corporation may obtain,
collect, use and disclose personal information for the purposes set out
in subsection (5) (i) to (m). , and
(g)
in
subsection (8) by adding "or the billing
organization" after "concessionaire".
133
Section
25.1 (2) is amended by adding the following paragraph:
(f.1)
the name, contact information
and address of the billing organization; .
134
The
following section is added:
Power to make ministerial
regulations
28.1
(1) The minister may make regulations
(a)
prescribing vehicles and
classes or categories of vehicles as classified vehicles, which classes
may be based on ownership, place or jurisdiction of registration or
licensing, nature, type, character, size, weight, number of or weight
on axles or wheels, equipment or accessories of the vehicles,
(b)
regulating, restricting or
prohibiting the operation, parking or standing of classified vehicles
in respect of which a toll debt has been incurred or a toll has been
charged,
(c)
respecting the method or manner
in which tolls and related fees, interest and other charges may be
imposed in respect of classified vehicles and the method or manner in
which toll debts that have been incurred or tolls and related fees,
interest and other charges that are imposed in respect of a classified
vehicle may be collected from the owner or operator of the classified
vehicle,
(d)
providing for the duties of
inspectors respecting the method or manner of regulating or prohibiting
the operation, parking or standing of classified vehicles or the
collection of toll debts or tolls or related fees, interest or other
charges that are imposed in respect of classified vehicles,
(e)
providing for the nature,
content and form of the information or documentation, whether in
electronic, digital, paper or other format, that is evidence of a toll
debt having been incurred or a toll and related fees, interest or other
charges having been imposed in respect of a classified vehicle,
(f)
respecting the nature, content
and form of information or documentation that inspectors or peace
officers may request from the owner or operator of a classified vehicle
and that on request the owner or operator is required to provide to an
inspector or a peace officer for the purposes set out in
section 25,
(g)
providing that the
contravention of a regulation made under paragraphs (a) to (f)
constitutes an offence,
(h)
providing that a person who
commits an offence under paragraphs (a) to (f) is liable to a
penalty not greater than the penalties provided under the Offence
Act, and
(i)
authorizing or empowering
persons or a class of persons to exercise the powers and perform the
duties of an inspector.
(2)
Without restricting subsection
(1), a regulation under that subsection may
(a)
provide differently for
different cases or classes of cases, or different persons or vehicles
or classes of persons or vehicles,
(b)
exempt from its application, in
whole or in part or otherwise in accordance with its terms, persons or
vehicles or classes of persons or vehicles,
(c)
provide differently in relation
to periods of time, hours of the day, days of the week, specified dates
and any other criteria the minister considers necessary or advisable,
(d)
delegate a matter to a person
or to a class of persons, and
(e)
confer a discretion on a person
or on a class of persons.
Transportation Investment
(Port Mann Twinning) Amendment Act, 2008
135
Section
6 (h) of the Transportation Investment (Port Mann Twinning) Amendment
Act, 2008 is repealed.
Treaty First Nation Taxation
Act
136
Section
3 (4) of the Treaty First Nation Taxation Act, S.B.C. 2007, c. 38, is
amended by striking out "for the purposes of
the specific requisition," and substituting "and
subject to any adjustments required or authorized under section 4.1,
for the purposes of the specific requisition,".
137
The
following section is added:
Adjustments to taxes
4.1
For certainty,
(a) if
a Real Property Tax
Coordination Agreement provides that the Assessment Act
and the Assessment Authority Act apply for
purposes of real property taxation under the treaty first nation's
taxation laws, the treaty first nation must make adjustments to
property taxes responding to supplementary rolls the treaty first
nation receives, and
(b) if
a plan of subdivision in
relation to treaty lands is deposited in the land title office, as
defined in the Assessment Act, after November 30
in any year and before June 1 in the next year, the treaty first nation
may apportion or reapportion, as applicable, property taxes for that
next year in respect of the parcels created by the subdivision in the
same proportion as taxes would have been payable had the subdivision
occurred on or before November 30 in the first year.
Vancouver Charter
138
Section
562 (4) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by
striking out "(5) applies in respect of"
and substituting "(5.1) applies in respect of
the adoption of a by-law under subsection (1) and".
139
Section
566 is amended by adding the following subsection:
(5.1) A
member of the Council who
(a) is
entitled to vote on a
proposed by-law that was the subject of a public hearing, and
(b) was
not present at the public
hearing
may vote
on the passing of the
proposed by-law if an oral or written report of the public hearing has
been given to the member by the Director of Planning or another
official of the city.
140
Section
594 (2) is amended by striking out "Section
566 (3) and (5)" and substituting "Section
566 (3), (5) and (5.1)".
Schedule
141
The
Acts listed in Column 1 of the Schedule are amended in the provisions
listed opposite them in Column 2 by striking out "supplementary".
Transitional
and Confirmation
Provisions
Transition —
disposal well leases
142
For certainty, section 61.1 of the Petroleum and Natural Gas
Act, as enacted by this Act, applies to leases that expire
before the date on which that section comes into force.
Transition —
supplementary letters patent
143
For certainty, supplementary letters patent of a municipality, regional
district or improvement district that are in force on the date this
section comes into force are continued as letters patent of the
municipality, regional district or improvement district.
Transition —
validation of letters patent
144
(1) Letters patent issued before this section comes into force that
would have been validly issued if the Local Government Act,
as it reads on the date this section comes into force, were in force on
the date the letters patent were issued are conclusively deemed to have
been validly issued to the extent the letters patent would have been
valid had this section been in force on the date the letters patent
were issued.
(2) 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.
Confirmation of corrections
to statutes
145
The corrections made by the following regulations, as those regulations
have been published in Part 2 of the British Columbia Gazette, of
errors in the statutes are confirmed:
(a)
B.C. Reg. 101/2007, corrections
to the Environmental Management Amendment Act, 2004;
(b)
B.C. Reg. 389/2007, Statutes
Correction Regulation, 2007;
(c)
B.C. Reg. 55/2008, corrections
to the South Coast British Columbia Transportation Authority
Act.
Commencement
146
The provisions of this Act referred to in column 1 of the following
table come into force as set out in column 2 of the table:
| Item |
Column 1
Provisions of Act |
Column 2
Commencement |
| 1 |
Anything not elsewhere
covered by this table |
The date of Royal Assent |
| 2 |
Section 2 |
By regulation of the
Lieutenant Governor in Council |
| 3 |
Section 13 |
By regulation of the
Lieutenant Governor in Council |
| 4 |
Section 20 |
By regulation of the
Lieutenant Governor in Council |
| 5 |
Sections 21 to 31 |
April 1, 2008 |
| 6 |
Sections 32 and 33 |
April 1, 2008 |
| 7 |
Sections 73 to 91 |
By regulation of the
Lieutenant Governor in Council |
| 8 |
Section 92 (a) and (c) |
By regulation of the
Lieutenant Governor in Council |
| 9 |
Sections 104 to 111 |
By regulation of the
Lieutenant Governor in Council |
| 10 |
Sections 112 to 122 |
April 1, 2008 |
| 11 |
Section 124 |
By regulation of the
Lieutenant Governor in Council |
| 12 |
Section 125 |
April 1, 2008 |
| 13 |
Sections 126 to 135 |
By regulation of the
Lieutenant Governor in Council |
Schedule
(Section
141)
| Item |
Column 1
Act being amended |
Column 2
Section or other provision |
| 1 |
Hospital District
Act
R.S.B.C. 1996, c. 202 |
4 (1) (a) and (b)
6 (1) |
| 2 |
Local Government Act
R.S.B.C. 1996, c. 323 |
10 (3)
11 (3.2)
20 (1) and (2)
21 (1)
26 (1) and (5)
26.1 (1) and (2), as enacted by S.B.C. 2007, c. 36, s. 117
27 (1)
795.41 (a), as enacted by S.B.C. 2007, c. 36, s. 120
813.04 (5) |
| 3 |
Resort Municipality
of Whistler Act
R.S.B.C. 1996, c. 407 |
4 |
|