BILL 33 – 2008
MISCELLANEOUS STATUTES AMENDMENT ACT, 2008

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

Adult Guardianship and Planning Statutes Amendment Act, 2007

1 Section 4 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, as it enacts section 17 (4) (b) of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is amended by repealing section 17 (4) (b) and substituting the following:

(b) create a new beneficiary designation, if the designation is made in

(i) an instrument that is renewing, replacing or converting a similar instrument made by the adult, while capable, and the newly designated beneficiary is the same beneficiary that was designated in the similar instrument, or

(ii) a new instrument that is not renewing, replacing or converting a similar instrument made by the adult, while capable, and the newly designated beneficiary is the adult's estate.

2 Section 17, as it enacts section 63 (2) of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is amended by adding the following paragraph:

(d.1) providing for exemptions from reassessments of incapability in relation to adults who are being discharged from a facility designated under the Mental Health Act; .

3 Section 38, as it enacts section 16 (6) (b) of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by repealing section 16 (6) (b) and substituting the following:

(b) a spouse, child or parent or, except in the case of the Public Guardian and Trustee or a financial institution authorized to carry on trust business under the Financial Institutions Act, an employee or agent, of a person named in the enduring power of attorney as an attorney; .

4 Section 38, as it enacts section 20 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by adding the following subsection:

(5) An attorney may, in an instrument other than a will,

(a) change a beneficiary designation made by the adult, if the court authorizes the change, or

(b) create a new beneficiary designation, if the designation is made in

(i) an instrument that is renewing, replacing or converting a similar instrument made by the adult, while capable, and the newly designated beneficiary is the same beneficiary that was designated in the similar instrument, or

(ii) a new instrument that is not renewing, replacing or converting a similar instrument made by the adult, while capable, and the newly designated beneficiary is the adult's estate.

5 Section 38, as it enacts section 42 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by adding the following subsections:

(3) The Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable to

(a) bring Parts 2 and 3 into operation, and

(b) facilitate the application of Parts 2 and 3 to an enduring power of attorney that was validly made under section 8, before the repeal of that section by the Adult Guardianship and Planning Statutes Amendment Act, 2007.

(4) For the purposes of subsection (3), an enduring power of attorney includes any document that is ancillary to the enduring power of attorney.

(5) The authority to make or amend a regulation under subsection (3), but not the authority to repeal a regulation under subsection (3), ends 3 years after the date on which subsection (3) comes into force.

6 Section 65, as it enacts sections 44.2 and 44.3 of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended by adding the following section:

Transitional — regulations

44.4  (1) The Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable to facilitate the application of this Act, as amended by the Adult Guardianship and Planning Statutes Amendment Act, 2007, to representation agreements made before this section comes into force.

(2) The authority to make or amend a regulation under subsection (1), but not the authority to repeal a regulation under subsection (1), ends 3 years after the date on which subsection (1) comes into force.

Business Paper Reduction Act

7 The Business Paper Reduction Act, S.B.C. 1998, c. 26, is repealed.

Degree Authorization Act

8 Section 3 of the Degree Authorization Act, S.B.C. 2002, c. 24, is amended by adding the following subsection:

(1.1) A person who is authorized by the minister to do the things referred to in subsection (1) may grant or confer an honorary degree to or on a person.

Family Relations Act

9 Section 74 (b) of the Family Relations Act, R.S.B.C. 1996, c. 128, is repealed and the following substituted:

(b) is entitled to receive,

(i) when the member retires, a separate pension from the plan determined in accordance with the regulations, and

(ii) during any applicable phased retirement period as defined in section 38.1 of the Pension Benefits Standards Act, a proportionate share of the phased retirement benefit paid to the member under and in accordance with that section.

10 Section 76 is amended by adding the following subsection:

(1.1) The reference in subsection (1) to "benefits" does not include a member's phased retirement benefit, paid under and in accordance with section 38.1 of the Pension Benefits Standards Act, if the condition in section 38.1 (4) (e) (i) of the Act has been met.

Financial Institutions Act

11 Section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended in the definition of "tribunal" by striking out "established" and substituting "continued".

12 Section 242.1 (1) and (2) is repealed and the following substituted:

(1) The Financial Services Tribunal is continued consisting of

(a) one member appointed by the Lieutenant Governor in Council as the chair after a merit based process, and

(b) other members appointed by the Lieutenant Governor in Council after a merit based process and consultation with the chair.

(2) The Lieutenant Governor in Council may designate one member of the tribunal to be vice chair after consultation with the chair.

13 Section 242.2 (3) is repealed and the following substituted:

(3) On receipt of a notice of appeal and any prescribed fee, the chair must consider the appeal or assign another member of the tribunal to consider the appeal.

Forest Act

14 The Forest Act, R.S.B.C. 1996, c. 157, is amended by adding the following section:

Attempt to export Crown timber

127.1  A person must not attempt to remove from British Columbia

(a) timber that is harvested from

(i) Crown land,

(ii) land granted by the government after March 12, 1906, or

(iii) land granted by the government before March 12, 1906 in a tree farm licence area, or

(b) wood residue produced from timber referred to in paragraph (a),

unless the timber or wood residue is exempted under this Part.

15 Section 163 (1) is amended by striking out "127, 164 (1) (a)," and substituting "127, 127.1, 164 (1) (a),".

Forest and Range Practices Act

16 Section 32 (2) and (4) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is repealed and the following substituted:

(2) The minister may authorize the holder of an agreement under the Range Act to prepare a range stewardship plan if satisfied that the holder has demonstrated competence in the management of Crown range.

(4) Unless the minister otherwise notifies a holder of an agreement under the Range Act, the minister is deemed to have authorized the holder under subsection (2) in respect of a range stewardship plan for an area if the holder has a range stewardship plan for the area that is in effect.

17 Section 33 is amended

(a) in subsection (1) (c) by striking out "identified by the minister," and substituting "identified by the minister under section 45.2 of this Act,",

(b) in subsection (1) (e) by adding "to the prescribed extent" before "with objectives set by government", and

(c) by adding the following subsection:

(1.1) A range use plan for grazing must be consistent with the agreement under the Range Act that pertains to the plan.

18 Section 34 is amended

(a) in subsection (1) (a) (iii) by adding "specifies" before "the areas for hay cutting",

(b) by repealing subsection (1) (c) and substituting the following:

(c) specify actions to be carried out in the area under the plan to deal with issues identified by the minister under section 45.2 of this Act, ,

(c) in subsection (1) (e) by adding "to the prescribed extent" before "with objectives set by government", and

(d) by adding the following subsection:

(1.1) A range use plan for hay cutting must be consistent with the agreement under the Range Act that pertains to the plan.

19 Section 35 is amended

(a) in subsection (1) (b) by striking out "identified by the minister," and substituting "identified by the minister under section 45.2 of this Act,",

(b) by repealing subsection (1) (c) and (d) and substituting the following:

(c) specify intended results or strategies, each in relation to

(i) objectives set by government, and

(ii) other objectives that are established under this Act and that pertain to all or part of the area subject to the plan, and

(d) conform to the prescribed requirements. , and

(c) by repealing subsections (2) and (3) and substituting the following:

(2) The results and strategies referred to in subsection (1) (c) of this section must be consistent to the prescribed extent with objectives set by government and with the other objectives referred to in subsection (1) (c).

(3) A range stewardship plan must be consistent with the agreement under the Range Act that pertains to the plan.

20 Section 36 (1) and (2) is repealed and the following substituted:

(1) The term of a range use plan or range stewardship plan

(a) is the period, not exceeding 5 years, that the person submitting the plan for approval specifies at the time of submission, and

(b) begins on the date specified in writing by the minister in approving the plan.

(2) The minister by written notice given to the holder may grant one or more extensions of the term of a range use plan or range stewardship plan before or after it expires for an additional period not exceeding 5 years in the circumstances specified by regulation, provided the total term of the range use plan or range stewardship plan does not exceed 10 years from the date specified under subsection (1) (b).

21 Section 37 is amended

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

(1) The minister must approve a range use plan or an amendment to a range use plan if it conforms to section 33 or 34, whichever is applicable.

(1.1) The minister must approve a range stewardship plan or an amendment to a range stewardship plan if it conforms to section 35.,

(b) in subsection (3) by striking out "when making a determination under subsection (1)." and substituting "when determining if the proposed plan or amendment conforms to subsection (1) or (1.1), whichever is applicable.",

(c) by adding the following subsection:

(3.1) Except in prescribed circumstances, before approving a plan or amendment, the minister may require the holder of a proposed plan or amendment to submit information that the minister reasonably requires in order to determine if the proposed plan or amendment conforms to subsection (1) or (1.1), whichever is applicable. , and

(d) in subsection (4) by adding "written" before "reasons".

22 Section 38 (1) to (4) is repealed and the following substituted:

(1) The holder of a range use plan or range stewardship plan, within the prescribed period of time, must propose and submit for approval by the minister amendments to the plan that take into account one or more of the following events that affect an area under the plan:

(a) an enactment is established, varied or cancelled;

(b) an objective set by government is established, varied or cancelled;

(c) unless otherwise specified by regulation, an objective is established, varied or cancelled by order under this Act;

(d) an issue is identified, varied or cancelled by the minister under section 45.2.

23 Section 40 is repealed and the following substituted:

Minor amendments to range use and range stewardship plans

40  (1) Despite section 37 (1) or (1.1) and unless otherwise prescribed, an approval is not required to amend a range use plan or range stewardship plan if its holder determines that

(a) the proposed amendment

(i) to a range use plan

(A) conforms to section 33 or 34, whichever is applicable, and

(B) does not materially change the strategies specified in the plan, or

(ii) to a range stewardship plan

(A) conforms to section 35, and

(B) does not materially change

(I) the actions specified in the plan to deal with the issues identified by the minister under section 45.2, or

(II) the intended results or strategies specified in the plan, or

(b) the proposed amendment conforms to prescribed requirements.

(2) The holder of a range use plan or a range stewardship plan must provide the district manager with a copy of the amendment as soon as practicable after it has been incorporated in the plan.

(3) The minister may take action in accordance with the regulations if he or she considers that the decision under subsection (1) was wrongly made.

24 The following sections are added to Division 3 of Part 4:

Compliance with plans

45.1  (1) The holder of a range use plan must ensure that the actions specified in the plan are carried out.

(2) The holder of a range stewardship plan must ensure that the

(a) actions specified in the plan are carried out, and

(b) intended results specified in the plan are achieved and the strategies described in the plan are carried out.

(3) Despite the expiry of a range use plan or a range stewardship plan, subsection (1) or (2) continues to apply to the holder of the expired plan if, in relation to any action, result, strategy or other provision of the plan that was in effect immediately before the expiry of the plan, there is no provision in another plan, applicable to that holder for the same area to which the expired plan applied, that is identified as being a replacement for the action, result, strategy or other provision.

(4) For the purpose of the continued application of subsection (1) or (2) required by subsection (3), a range use plan or a range stewardship plan may be amended as if unexpired.

Issues identified by the minister

45.2  (1) The minister, by order, may

(a) identify an issue for the purposes of sections 33 (1) (c), 34 (1) (c) and 35 (1) (b), and

(b) vary or cancel that issue.

(2) In case of an inconsistency between

(a) an issue identified and, if applicable, varied by the minister in accordance with this section, and

(b) an objective referred to in the definition of "objectives set by government" in section 1 (1) or as set out in other objectives that are established under this Act,

the objective prevails to the extent of the inconsistency.

25 Section 67 (1) (c) is amended by adding the following subparagraph:

(iii.1) a person is attempting to remove from British Columbia in contravention of section 127.1 of the Forest Act, .

26 Section 87 (3) (a) is amended by striking out "38 (1), (2), (3), (4) or (5)," and substituting "38 (1) or (5),".

27 Section 122 (2) (a) is amended by striking out "subsection (1) (a) an audit or investigation of a party," and substituting "subsection (1) (a) or (b) an audit or investigation of a party in respect of a matter referred to in subsection (1) (c),".

Forests and Range Statutes Amendment Act, 2008

28 Section 18 of the Forests and Range Statutes Amendment Act, 2008, S.B.C. 2008, c. 4, as it amends section 6 (2) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by striking out "may grant one extension" and substituting "may grant one or more extensions".

Freedom of Information and Protection of Privacy Act

29 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Local Government Bylaw Notice Enforcement Act

30 Section 4 of the Local Government Bylaw Notice Enforcement Act, S.B.C. 2003, c. 60, is amended by adding the following subsection:

(2.1) Subsection (2) does not apply if the matter is the subject of a bylaw notice that is referred or ordered under section 16 (3) or (5) to be heard by a judge of the Provincial Court.

31 Section 16 is amended

(a) by renumbering the section as section 16 (2),

(b) by adding the following subsection:

(1) In this section:

"information" has the same meaning as under the Offence Act;

"judge" has the same meaning as under the Provincial Court Act;

"non-adjudicable matter" means a matter that under subsection (2) (a), (b), (c) or (d) may not be decided by an adjudicator. ,

(c) in subsection (2) by striking out "Whether or not the matter arises in the course of hearing and determining a dispute in respect of a bylaw notice or a compliance agreement, an adjudicator" and substituting "An adjudicator", and

(d) by adding the following subsections:

(3) If, in the course of hearing a bylaw notice dispute, a matter arises that the adjudicator believes is a non-adjudicable matter, the adjudicator must terminate the hearing and, in accordance with the regulations, refer the bylaw notice to the Provincial Court to be heard by a judge as if the bylaw notice were an information.

(4) If dispute resolution has been requested in relation to a bylaw notice or a bylaw notice has been submitted for adjudication under this Act, a party to the dispute who wishes to raise a non-adjudicable matter in the hearing may apply to a judge, in accordance with the regulations and before the hearing is commenced, for an order that the dispute be heard by a judge as if the bylaw notice were an information.

(5) In deciding an application under subsection (4), the judge must make the order if the judge is satisfied that a non-adjudicable matter is likely to be raised in the adjudication.

32 Section 27 is amended

(a) by renumbering the section as section 27 (1), and

(b) by adding the following subsection:

(2) Despite subsection (1), the Offence Act applies in respect of a bylaw contravention if the dispute in relation to the bylaw notice issued in respect of the contravention has been referred or ordered under section 16 (3) or (5) of this Act to be heard by a judge of the Provincial Court as if the bylaw notice were an information.

33 Section 28 (2) is amended

(a) by adding the following paragraphs:

(l.1) establishing procedures for making applications to a judge under section 16 (4);

(m.1) establishing procedures for dealing with matters prescribed for the purposes of section 16 (2) (e); , and

(b) in paragraph (m) by striking out "section 16 (e)" and substituting "section 16 (2) (e)".

Motor Vehicle Act

34 Section 119 (1) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following definitions:

"designated use highway" means a highway or part of a highway in respect of which a traffic control device indicates that the highway or part of a highway is reserved for the exclusive use of persons, organizations, vehicles or cycles, classes of persons, organizations, vehicles or cycles prescribed under section 209.1 or specified in a bylaw or resolution of the council of a municipality under section 124.2;

"designated use lane" means a lane of highway in respect of which a traffic control device indicates that the lane is reserved for the exclusive use of persons, organizations, vehicles or cycles or classes of persons, organizations, vehicles or cycles prescribed under section 209.1 or specified in a bylaw or resolution of the council of a municipality under section 124.2;

"traffic control person" means any person who is a member of a class of persons designated or assigned, in accordance with the regulations or a bylaw or resolution of the council of a municipality, to direct traffic; .

35 The following section is added:

Additional municipal powers

124.2  (1) Subject to subsections (2) and (3), the council of a municipality has the same powers to make bylaws or resolutions with respect to highways, other than arterial highways, in the municipality and their use by persons, organizations, vehicles or cycles or classes of persons, organizations, vehicles or cycles as the minister has to make regulations under section 209.1.

(2) A bylaw or resolution may be adopted under subsection (1) only if it is approved in writing by the minister responsible for the Transportation Act, or a person designated in writing by that minister

(a) if the highway, part of the highway or lane of the highway, or

(b) if the designated use highway or designated use lane

in respect of which the bylaw or resolution is to apply, is within 800 metres of an arterial highway or a provincial public highway, as those terms are defined in the Transportation Act.

(3) A municipality must not by bylaw or resolution under subsection (1), without the written approval of the minister responsible for the Transportation Act, take, authorize or permit any action in respect of a highway, part of a highway, lane, designated use highway or designated use lane, that would reduce the capacity of all or any part of an arterial highway or a provincial public highway, within the meaning of the Transportation Act, to move people or freight.

(4) For the purpose of subsection (3), an action would reduce the capacity of all or any part of an arterial highway or a provincial public highway to move people or freight if the action would alter traffic control conditions and traffic movement on a highway in such a way that fewer persons or less freight would be able to move on the highway in a given time period than were able to move on the highway in a comparable time period before the taking of the action.

36 The following section is added:

Obeying traffic control person

141.1  (1) In this section, "authorization" means an authorization that is prescribed or authorized by a regulation under section 209.1 or a resolution or bylaw of the council of a municipality under section 124.2.

(2) If a traffic control person is controlling the movements of traffic on a highway, a person must obey the directions of the traffic control person.

(3) If a highway or lane has been designated as a designated use highway or designated use lane, as the case may be, the driver of a vehicle must, on the request of a traffic control person or peace officer, produce to the traffic control person or peace officer an authorization, and allow the authorization to be taken in hand and inspected by the traffic control person or peace officer.

(4) If a driver or person in charge of a motor vehicle does not produce an authorization to use the designated use highway or designated use lane on the request of a traffic control person or peace officer under subsection (3), the traffic control person or peace officer may direct the driver or person in charge of the motor vehicle to remove the motor vehicle from that highway or lane immediately.

37 The following sections are added:

Designated use highway

153.1  If a highway or part of a highway is a designated use highway, a person must not drive, operate, stand or park a motor vehicle on that highway or part of a highway except as authorized by a regulation under section 209.1 or a bylaw or resolution of the council of a municipality under section 124.2.

Designated use lane

153.2  If a highway has a designated use lane, a person must not drive, operate, stand or park a motor vehicle in that lane except as authorized by a regulation under section 209.1 or a bylaw or resolution of the council of a municipality under section 124.2.

38 Section 161 is amended by adding the following paragraphs:

(c) one or more traffic control devices indicating that use, access or egress is regulated or restricted on the designated use highway, a person must not drive or operate a vehicle on the designated use highway except as authorized by a regulation under section 209.1 or a bylaw or resolution of the council of a municipality under section 124.2, and

(d) one or more traffic control devices indicating that the use, access or egress is prohibited on the designated use highway, a person must not drive or operate a vehicle on the designated use highway in a manner prohibited by the traffic control device except as authorized by a regulation under section 209.1 or a bylaw or resolution of the council of a municipality under section 124.2.

39 Section 188 is amended

(a) in subsection (1) by striking out "or" at the end of paragraph (d), by adding ", or" at the end of paragraph (e) and by adding the following paragraph:

(e.1) in contravention of a regulation made under section 209.1 or a bylaw or resolution of the council of a municipality under section 124.2, ,

(b) in subsection (2) by striking out "or" at the end of paragraph (b), by adding "or" at the end of paragraph (c) and by adding the following paragraph:

(d) stopped, standing or parked in contravention of a regulation made under section 209.1 or a bylaw or resolution of the council of a municipality under section 124.2, , and

(c) by adding the following subsection:

(3.1) If a vehicle is stopped, standing or parked in a position that causes it to interfere with or impede the use of the highway by vehicles or traffic using, accessing or egressing a designated use highway or a designated use lane in accordance with a regulation made under section 209.1 or a bylaw or resolution of the council of a municipality under section 124.2, a peace officer or traffic control person may move the vehicle or cause it to be moved.

40 The following section is added:

Ministerial regulations

209.1  (1) The minister may make regulations as follows:

(a) allowing, regulating, restricting or prohibiting the use of, access to or egress from designated use highways or designated use lanes generally or by persons, organizations, vehicles or cycles or classes of persons, organizations, vehicles or cycles;

(b) respecting the use of, access to or egress from designated use highways or designated use lanes by persons, organizations, vehicles or cycles, or classes of persons, organizations, vehicles or cycles or vehicles referred to in paragraph (a);

(c) respecting authorizations to use a designated use highway or designated use lane, and applicable terms and conditions for those authorizations;

(d) respecting the designation, qualifications, authority and duties of traffic control persons.

(2) Classes of vehicles or cycles prescribed under subsection (1) may be based on ownership, use, nature, type, character, size or weight of or equipment or accessories in or on vehicles or cycles, or any other criteria that the minister otherwise considers necessary or advisable.

(3) Without limiting subsection (1), a regulation under that subsection may

(a) provide differently for different cases or classes of cases, different persons, organizations, vehicles or cycles or classes of persons, organizations, vehicles or cycles,

(b) exempt from its application, in whole or in part or otherwise in accordance with its terms, persons, organizations, vehicles, cycles or classes of persons, organizations, vehicles or cycles,

(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.

Offence Act

41 Section 13 of the Offence Act, R.S.B.C. 1996, c. 338, is amended by adding the following subsection:

(4) Despite subsection (3), a bylaw notice issued under the Local Government Bylaw Notice Enforcement Act in respect of a contravention relating to a matter prescribed for the purpose of section 4 (2) of that Act is deemed to be an information commencing a proceeding under this Act if the dispute in relation to that bylaw notice is referred or ordered under section 16 (3) or (5) of the Local Government Bylaw Notice Enforcement Act to be heard by a judge of the Provincial Court as if the bylaw notice were an information.

Passenger Transportation Act

42 Section 1 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended by repealing the definition of "identifier" and substituting the following:

"general authorization vehicle identifier" means the passenger transportation licence number that is assigned in respect of a motor vehicle in respect of which a licence that includes a general authorization has been issued;

"special authorization vehicle identifier" means a uniquely numbered sticker, decal, tag or plate that is issued in respect of a motor vehicle in respect of which a licence that includes a special authorization has been issued; .

43 Section 25 is amended

(a) in subsection (1) by adding "and provide it to the applicant" after "in response to that application", and

(b) by repealing subsection (2).

44 Section 29 (2) is repealed and the following substituted:

(2) If the registrar issues a licence under this section, the registrar must provide it to the applicant, along with, if a special authorization is approved by the board,

(a) one special authorization vehicle identifier for each of the motor vehicles in respect of which the licence is issued, and

(b) one vehicle identification certificate for each of those motor vehicles indicating

(i) the number of the special authorization vehicle identifier provided for that motor vehicle, and

(ii) the number of the licence in relation to which that special authorization vehicle identifier is provided.

45 Section 30 is amended

(a) in subsection (1) by striking out "A licensee wishing to transfer a licence must apply to the registrar and, in that event," and substituting "To maintain the validity of a licence despite a transfer of the licence, a licensee must apply to the registrar before transferring the licence, and, in that event,", and

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

(3) Promptly after a licence is transferred under this Act, the person from whom the licence was transferred must do one or both of the following, as applicable:

(a) return the special authorization vehicle identifiers and vehicle identification certificates issued in relation to that licence in the manner prescribed by the regulations;

(b) remove from each motor vehicle the general authorization vehicle identifier assigned by the licence in respect of that motor vehicle.

46 Section 31 (3) (b) is repealed and the following substituted:

(b) if the board is making amendments to standardize terms and conditions of one or more of the following:

(i) all licences;

(ii) all licences of that class of licences;

(iii) all licences issued in respect of commercial passenger vehicles operating in a specified area;

(iv) all licences issued in respect of commercial passenger vehicles offering the same or substantially the same service to the public, .

47 Section 32 is amended

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

(1) A licensee who wishes to be authorized to operate, under a licence, one or more additional motor vehicles in respect of which a special authorization vehicle identifier and a vehicle identification certificate are required but have not been issued under the licence, must apply to the registrar. ,

(b) by adding the following subsection:

(1.1) A licensee may operate, under a licence that includes a general authorization, one or more additional motor vehicles under the general authorization, provided that the licensee is not subject to an order made under section 46 (1) (a), (c) or (d). ,

(c) by repealing subsection (3), and

(d) in subsection (4) by striking out "an identifier" and substituting "a special authorization vehicle identifier".

48 Section 33 (1) to (3) is amended by striking out "an identifier" and substituting "a special authorization vehicle identifier".

49 Section 34 is amended

(a) in subsection (7) by striking out "If the registrar renews a licence under this section," and substituting "If under this section the registrar renews a licence in which a special authorization is included,",

(b) in subsection (7) (a) by striking out "bearing the same licence number as the original but",

(c) in subsection (7) (b) and (c) (i) and (ii) by striking out "identifier" and substituting "special authorization vehicle identifier",

(d) by adding the following subsection:

(7.1) If under this section the registrar renews a licence in which a general authorization is included, the registrar must provide to the applicant a new copy of the licence bearing the expiry date applicable to the renewed licence. , and

(e) in subsection (8) by adding "unless the board amends the terms and conditions on renewal of the licence or imposes new terms or conditions on the renewed licence" after "before its renewal".

50 Section 36 (3) is amended

(a) by adding "or" at the end of paragraph (a) (i) and by repealing paragraph (a) (iii), and

(b) in paragraph (b) by striking out "neither subparagraph (ii) nor (iii) of paragraph (a) applies." and substituting "paragraph (a) (ii) does not apply."

51 Section 37 (2) is amended by adding "or" at the end of paragraph (a), by striking out "or" at the end of paragraph (b) and by repealing paragraph (c).

52 Section 42 is amended by striking out "identifier" and substituting "special authorization vehicle identifier".

53 Section 43 (a) is repealed and substituted by the following:

(a) a copy of the licence, and the vehicle identification certificate applicable to that motor vehicle if one is issued, must be carried in that motor vehicle when the motor vehicle is being operated as a commercial passenger vehicle, and .

54 Section 44 is amended

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

(1) A licensee must display, in the manner set out in the regulations,

(a) on each commercial passenger vehicle that is authorized to be operated under a licence that includes a special authorization, the special authorization vehicle identifier issued to the licensee for that motor vehicle, and ensure that no other special authorization vehicle identifier is displayed on that motor vehicle, and

(b) on each commercial passenger vehicle that is authorized to be operated under a licence that includes a general authorization, the general authorization vehicle identifier that is assigned in respect of that motor vehicle, and ensure that no other general authorization vehicle identifier is displayed on that motor vehicle. ,

(b) in subsections (2), (3) and (4) by striking out "an identifier" and substituting "a special authorization vehicle identifier", and

(c) in subsection (3) by striking out "the identifier" and substituting "the special authorization vehicle identifier".

55 Section 45 is repealed and the following substituted:

Duty of licensee when ceasing operation
of commercial passenger vehicle

45  A licensee who voluntarily ceases to operate a motor vehicle as a commercial passenger vehicle must promptly report that cessation to the registrar and do one or both of the following, as applicable:

(a) return, in the manner prescribed by the regulations, the special authorization vehicle identifier and vehicle identification certificate applicable to that motor vehicle;

(b) remove the general authorization vehicle identifier that is displayed on the motor vehicle.

56 Section 46 (1) is amended

(a) by repealing paragraph (c) and substituting the following:

(c) order the licensee to stop operating one or more motor vehicles under the authority of a licence and, subject to subsection (1.1), to

(i) return, in the manner prescribed by the regulations, the special authorization vehicle identifiers and the vehicle identification certificates issued in relation to those motor vehicles, and

(ii) remove from or cease displaying on each motor vehicle the general authorization vehicle identifier assigned by the licence in respect of that motor vehicle; , and

(b) by adding the following subsection:

(1.1) In making an order under subsection (1) (c), the registrar may order that subsection (1) (c) (i) or (ii) does not apply in the case of that order if he or she considers it unnecessary or impracticable.

57 Section 47 (4) is repealed and the following substituted:

(4) Promptly after an order referred to in section 46 (1) (a), (c) or (d) is made, the licensee must do one or both of the following, as applicable and in accordance with the order:

(a) remove the special authorization vehicle identifiers and vehicle identification certificates that were issued under the applicable licence from the motor vehicles to which the order applies and return, in the manner prescribed by the regulations, the special authorization vehicle identifiers and vehicle identification certificates;

(b) remove from or cease displaying on the motor vehicles to which the order applies, the general authorization vehicle identifier that was assigned under the applicable licence.

58 Section 57 is amended

(a) by repealing subsection (2) (c) and substituting the following:

(c) operates a motor vehicle as a type of commercial passenger vehicle without

(i) having a valid special authorization vehicle identifier, issued in relation to a valid licence that authorizes that operation, displayed on that motor vehicle in accordance with the regulations,

(ii) having a valid general authorization vehicle identifier, in relation to a valid licence that authorizes that operation, displayed on that motor vehicle in accordance with the regulations, or

(iii) carrying in that motor vehicle a copy of a valid temporary operating permit issued in respect of that motor vehicle, ,

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

(c.1) operates a motor vehicle that displays a general authorization vehicle identifier or special authorization vehicle identifier

(i) after the licence in respect of which the general authorization vehicle identifier or special authorization vehicle identifier was assigned has been cancelled, suspended or transferred or is no longer valid,

(ii) while the licence in respect of which the general authorization vehicle identifier or special authorization vehicle identifier was assigned is subject to an order under section 46 (1) (a) or (d), or

(iii) while the licensee is subject to an order under section 46 (1) (c) (i) or (ii) in respect of that motor vehicle,

(g.1) transfers a licence without first applying to the registrar, ,

(c) by repealing subsection (2) (d) and substituting the following:

(d) operates a motor vehicle as a commercial passenger motor vehicle with more than one

(i) special authorization vehicle identifier displayed on that motor vehicle, or

(ii) general authorization vehicle identifier displayed on that motor vehicle, ,

(d) in subsection (2) (e) (i) by striking out "valid licence that" and substituting "valid licence that includes a special authorization and", and

(e) in subsection (3) by striking out "subsection (2) (b), (c), (d), (e), (f), (g)" and substituting "subsection (2) (b), (c), (c.1), (d), (e), (f), (g), (g.1),".

59 Section 59 (2) is amended by repealing paragraphs (g), (n), (o) and (r) and substituting the following:

(g) respecting general authorization vehicle identifiers and special authorization vehicle identifiers;

(n) respecting fees, with power to establish different fees for different types of motor vehicles and different classes of licensees and permit holders;

(o) respecting the manner in which general authorization vehicle identifiers and special authorization vehicle identifiers must be displayed on commercial passenger vehicles in respect of which a licence is issued;

(r) respecting the manner in which special authorization vehicle identifiers and vehicle identification certificates must be returned and the manner in which general authorization vehicle identifiers must be removed; .

60 Sections 60, 61 (1) (a), (b) and (c) and (3) and 63 to 67 are repealed.

Pension Benefits Standards Act

61 The Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, is amended by adding the following section:

Personal liability protection

2.1  (1) In this section, "protected individual" means an individual who is or was any of the following:

(a) the superintendent;

(b) a person designated under section 2 (3) [designation and duties of Superintendent of Pensions] or 68 (1) (b) [inspection and production of documents];

(c) an employee of or any other individual acting on behalf of, or under the direction of, the superintendent.

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

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

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

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

(4) Subsection (2) does not absolve the government from vicarious liability arising out of anything done or omitted by a protected individual for which the government would be vicariously liable if this section were not in force.

62 Section 10 (1) (d) is repealed and the following substituted:

(d) to a member or former member who

(i) is about to begin receiving a pension or other prescribed benefit, or

(ii) is considering entering into an agreement respecting the payment of a phased retirement benefit described in section 38.1 [phased retirement benefit],

the prescribed information; .

63 Section 38 is amended

(a) in subsection (3) by striking out "Subject to this section," and substituting "Subject to this section and section 38.1,", and

(b) by adding the following subsection:

(5.1) The plan may provide for the payment of a phased retirement benefit to a member under and in accordance with section 38.1.

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

(9) A pension must commence not later than the last day on which a person is allowed to commence receiving a pension from a registered pension plan under the Income Tax Act (Canada).

65 The following section is added:

Phased retirement benefit

38.1  (1) In this section:

"eligible person" means a member or former member who meets the requirements of subsection (2) (a) or (b);

"phased retirement benefit" means periodic amounts payable to an eligible person that are each equal to a portion of the periodic amounts that would be payable as a pension to which the eligible person is entitled on reaching pensionable age;

"phased retirement period" means the period in respect of which a phased retirement benefit is to be paid to an eligible person.

(2) Subject to this section, a plan may provide for the payment of a phased retirement benefit to a member or former member if the member or former member

(a) is at least 60 years of age, or

(b) is

(i) at least 55 years of age, and

(ii) entitled under the plan to receive a pension without reduction.

(3) A phased retirement benefit paid to an eligible person under and in accordance with this section does not constitute the eligible person's pension under this Act and must not be construed as that pension.

(4) A phased retirement benefit may only be paid from a pension plan to an eligible person if all of the following are met:

(a) the pension plan provides for the payment of a phased retirement benefit;

(b) the pension plan has not been terminated;

(c) the eligible person enters into a written agreement for payment of the benefit with an employer who contributes to that pension plan;

(d) if that pension plan is administered by a board of trustees, the employer referred to in paragraph (c) has made arrangements approved by the board of trustees to fund payment of the benefit;

(e) if before the phased retirement period begins the eligible person's spouse or former spouse is entitled under section 76 (1) of the Family Relations Act to receive from that pension plan a proportionate share of benefits paid under that plan,

(i) the administrator of the plan agrees in writing to continue payment of the proportionate share of benefits, other than the proposed phased retirement benefit, to that spouse during the proposed phased retirement period, or

(ii) if the administrator of the plan does not agree to continue payment of the proportionate share of those benefits to that spouse during the proposed phased retirement period, that spouse has consented in writing to the cessation of those payments;

(f) during the phased retirement period, the eligible person is accruing a pension under the pension plan and the conditions described in section 8503 (19) of the Income Tax Regulations (Canada) are satisfied.

(5) During a phased retirement period

(a) the eligible person must continue membership in the pension plan from which the phased retirement benefit is being paid,

(b) the administrator of the plan must not pay the pension to which the eligible person would otherwise be entitled under section 38 (1) or which he or she would otherwise be eligible to receive under section 38 (6),

(c) if the eligible person had commenced receiving a pension from the pension plan referred to in paragraph (a) before the phased retirement period began, the administrator of the plan must suspend the payment of that pension to the eligible person, and

(d) if, in a case to which subsection (4) (e) applies, the administrator of the plan had agreed to continue payment of the proportionate share of benefits other than the proposed phased retirement benefit to the eligible person's spouse or former spouse, the administrator must continue those payments.

(6) The following rules apply when the phased retirement period ends:

(a) the pension benefit accrued during the phased retirement period is to be treated as vested without regard to conditions as to age, period of membership in the pension plan or period of employment;

(b) the pension to which the eligible person is entitled under section 38 (1) or which he or she is eligible to receive under section 38 (6) is to be calculated without regard to the amount of the phased retirement benefit received.

66 Section 61 (1) (c) is repealed and the following substituted:

(c) the administrator receives written notice from the superintendent consenting to the payment or transfer.

67 Section 74 is amended

(a) by repealing subsection (2) (c.2) and substituting the following:

(c.2) respecting fees for the filing of returns or for registration of a pension plan, including fees for late filing of returns under section 9 (3) (a); , and

(b) by adding the following subsection:

(4.2) Regulations made under subsection (2) may delegate a matter to or confer discretion on the superintendent.

68 Section 75 is repealed and the following substituted:

Fees

75  The prescribed fees are payable for the filing of a return or an application for registration.

Public Sector Employers Act

69 Section 14.3 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by adding the following subsection:

(7) This section does not apply in respect of compensation that will be provided to a directeur général or superintendent who is appointed under the School Act by a francophone education authority or board of education, as the case may be.

70 Section 14.8 (3) is repealed and the following substituted:

(3) A public sector employer must, by both of the following means, make available to the public all information in contracts of employment and reports referred to in subsection (2) that would otherwise be available to an applicant making a request under the Freedom of Information and Protection of Privacy Act:

(a) posting the information on a publicly accessible website maintained by or on behalf of the public sector employer;

(b) having the information available for public inspection in the office of the public sector employer during regular office hours.

(4) Information must be posted and made available under subsection (3) in the form and manner and at such times required by the chief executive officer of the council.

(5) The chief executive officer of the council may do any of the following:

(a) prepare a report respecting senior employee compensation information reported under subsection (3) (a) and (b);

(b) make the report available to the public by one or both of the following means:

(i) posting the report on a publicly accessible website maintained by or on behalf of the chief executive officer;

(ii) having the information available for public inspection in the office of the chief executive officer during regular office hours.

Scholarship Act

71 The Scholarship Act, R.S.B.C. 1996, c. 411, is repealed.

Teaching Profession Act

72 Section 28 (4) of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended

(a) in paragraph (a) by striking out "from a board" and by striking out "166.28" and substituting "16.1", and

(b) in paragraph (b) by adding "or from the inspector under section 7.3 (4) of that Act" after "Independent School Act".

73 Section 34 (c) is repealed and the following substituted:

(c) determine whether a member has been or is incompetent to carry out the member's professional duties and responsibilities, or .

74 Section 35 (2) is amended

(a) in paragraphs (b) and (d) by striking out "he or she is competent to carry out his or her responsibilities as an employee of the board or authority" and substituting "the member is competent to carry out the member's professional duties and responsibilities", and

(b) in paragraphs (e) and (f) by striking out "his or her competence to carry out his or her responsibilities as an employee of the board or authority" wherever it appears and substituting "the member's competence to carry out the member's professional duties and responsibilities".

Wildfire Act

75 Section 68 (2) (a) of the Wildfire Act, S.B.C. 2004, c. 31, is amended by striking out "subsection (1) (a) an audit or investigation of a party," and substituting "subsection (1) (a) (i) or (ii) an audit or investigation of a party in respect of a matter referred to in subsection (1) (a) (iii),".

Validation — Pension Benefits Standards Act

76  (1) Despite the Financial Administration Act, all things done that would have been validly done had section 38 (9) of the Pension Benefits Standards Act, as enacted by this Act, in fact been in force on June 22, 2007 are conclusively deemed to have been validly done.

(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 by reason that it makes no specific reference to that matter.

Commencement

77  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: