MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2012 (First Reading)

BILL
NUMBER

TITLE

DATE
INTRODUCED

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2012
(First Reading)

May 1/12

Commencement:

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	Sections 1 to 13	By regulation of the Lieutenant Governor in Council
3	Sections 15 to 44	By regulation of the Lieutenant Governor in Council
4	Sections 46 to 49	By regulation of the Lieutenant Governor in Council
5	Sections 51 to 65	By regulation of the Lieutenant Governor in Council
6	Section 70	April 1, 2012
7	Section 76	The date that section 20.02 of the Health Professions Act is repealed
8	Section 78	The date that section 20.02 of the Health Professions Act is repealed
9	Sections 80 to 88	By regulation of the Lieutenant Governor in Council
10	Sections 94 and 95	By regulation of the Lieutenant Governor in Council

Explanatory Notes

SECTION 1: [Engineers and Geoscientists Act, section 2] is consequential to amendments to bylaw-making powers relating to the direct supervision of former members and licensees.

SECTION 2: [Engineers and Geoscientists Act, section 6] gives the holders of limited licences the same ability as members of the Association of Professional Engineers and Geoscientists to elect the president and the vice presidents of the association.

SECTION 3: [Engineers and Geoscientists Act, section 9] gives the holders of limited licences the same ability as members of the Association of Professional Engineers and Geoscientists to elect councillors.

SECTION 4: [Engineers and Geoscientists Act, section 10] adds

bylaw-making powers regarding procedure before various committees, direct supervision of former members of the association, the establishment of a conduct review program, standards of practice and a code of conduct and reinstatement of former members, and
the ability of the council to collaborate with other governing bodies in the development of standards of practice and other specified bylaws.

SECTION 5: [Engineers and Geoscientists Act, section 12] gives the holders of limited licences the same ability as members of the Association of Professional Engineers and Geoscientists to apply to the court for an annual meeting to be held, to request a general meeting, to receive notice of a meeting and to request a vote by ballot.

SECTION 6: [Engineers and Geoscientists Act, section 13] allows the council to delegate its admission powers to the registrar.

SECTION 7: [Engineers and Geoscientists Act, sections 14.1 and 14.2] allows the council to enter into an agreement with the governing body of engineers or geoscientists in another province or another jurisdiction to permit a person qualified in that other province or jurisdiction to practice in British Columbia.

SECTION 8: [Engineers and Geoscientists Act, section 29] allows the registrar to channel complaints against members, licensees or certificate holders and requires a report to the investigation committee in specified circumstances.

SECTION 9: [Engineers and Geoscientists Act, section 30] repeals an obsolete reference to section 32, requires a person being investigated to appear before the investigation committee or subcommittee and allows the committee or subcommittee to make recommendations or to channel certain matters to the practice review or conduct review committee.

SECTION 10: [Engineers and Geoscientists Act, section 33.1] requires a member or licensee to report disciplinary action taken against the person in another province and allows the council to refer any such matter to the discipline committee.

SECTION 11: [Engineers and Geoscientists Act, section 41] modernizes the personal liability protection of the council members and adds personal liability protection of employees, officers and people acting on behalf of the association or under the direction of the council.

SECTION 12: [Engineers and Geoscientists Act, section 44.1] requires a member, licensee or certificate holder to provide information to the conduct review committee regardless of a claim of confidentiality.

SECTION 13: [Greater Vancouver Sewerage and Drainage District Act, section 66.1] provides for membership of Tsawwassen First Nation in the Greater Vancouver Sewerage and Drainage District on the terms and conditions agreed between the First Nation and the district or ordered by the Lieutenant Governor in Council on request of Tsawwassen First Nation.

SECTION 14: [Local Government Act, section 11] provides for the incorporation of a new mountain resort municipality whether or not there are residents in the area.

SECTION 15: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 1]

adds definitions of
"class", as it applies in relation to fuel,
"credit" and "debit", which are the new measures for determining compliance with Part 3,
"Part 3 agreement", which is a new agreement authorized by this Bill, and
"petroleum-based gasoline", both to clarify what is not petroleum-based gasoline and to exclude gasoline not produced from petroleum;
clarifies the definition of "component";
repeals and replaces the definitions of "diesel class fuel" and "gasoline class fuel" to make a distinction in the terms in relation to Parts 2 and 3;
repeals and replaces the definition of "diesel fuel" with a definition of "petroleum-based diesel fuel" both to clarify what is not petroleum-based diesel fuel for the purposes of Part 3 and to exclude diesel fuel not produced from petroleum;
repeals and replaces the definition of "Part 3 fuel" to eliminate redundancy consequential to amendments made by this Bill;
amends the definition of "Part 2 fuel" to eliminate redundancy consequential to amendments made by this Bill;
amends the definitions of "Part 2 fuel supplier" and "Part 3 fuel supplier" consequential to amendments made by this Bill.

SECTION 16: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 2] amends the provision to clarify that the obligation under the section is affected by other provisions of the Act and regulations.

SECTION 17: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 4] eliminates the requirement for a joint application with a Part 2 fuel supplier when a person who is not a Part 2 fuel supplier applies to be a Part 2 fuel supplier.

SECTION 18: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 6] repeals and replaces section 6 of the Act to

express the requirement in respect of low carbon fuel by reference to credits and debits, and add a formula for determining whether the requirement has been met, and
authorize the director to accept from a Part 3 fuel producer evidence of the carbon intensity of the producer’s fuel.

SECTION 19: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 7] is consequential to amendments made to section 6 of the Act by this Bill.

SECTION 20: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 7.1] authorizes the director to designate a person that is not a Part 3 fuel supplier as a Part 3 fuel supplier and sets out the consequences of the designation.

SECTION 21: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, sections 8 and 8.01]

is consequential to expressing in credits and debits the requirement in respect of Part 3 fuel;
requires that credits be validated by the director before being transferred under section 8 of the Act;
authorizes the director to enter into an agreement with a Part 3 fuel supplier under which the director may issue credits to the Part 3 fuel supplier upon performance of the agreement or part of the agreement.

SECTION 22: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 10] is consequential to expressing in credits and debits the requirement in respect of Part 3 fuel.

SECTION 23: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 11] is consequential to expressing in credits and debits the requirement in respect of Part 3 fuel.

SECTION 24: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 14] is consequential to amendments made to section 6 of the Act by this Bill.

SECTION 25: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 22] is consequential to expressing in credits and debits the requirement in respect of Part 3 fuel.

SECTION 26: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 24] adds a general regulation-making power respecting applications and proposals under the Act.

SECTION 27: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 25]

makes an amendment consequential to the amendments made by this Bill to the definitions of "diesel class fuel" and "gasoline class fuel" in section 1 of the Act;
repeals a spent regulation-making power.

SECTION 28: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 26]

makes amendments consequential to amendments made to section 6 of the Act by this Bill;
adds regulation-making authority in respect of the validation of credits and Part 3 agreements.

SECTION 29: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 29.1] provides for the repeal of a transitional section of the Act that will have no effect after the end of 2013.

SECTION 30: [Liquor Control and Licensing Act, section 1] provides definitions of "caterer", "catering endorsement", "catering licence", "residential event" and "site" and repeals the definition of "club".

SECTION 31: [Liquor Control and Licensing Act, section 13] requires that a catering manager and the catering staff must have completed a prescribed training program before being allowed to sell or serve liquor at a catered event.

SECTION 32: [Liquor Control and Licensing Act, section 16] sets out the requirements for agents or managers of corporate caterers.

SECTION 33: [Liquor Control and Licensing Act, section 18] relieves the general manager from having to tie exemptions under section 18 of the Act to specific establishments.

SECTION 34: [Liquor Control and Licensing Act, section 22] extends to catered events the general manager’s power to protect public safety.

SECTION 35: [Liquor Control and Licensing Act, section 23] extends to caterers and catered events the general manager’s power to impose temporary suspensions and closures.

SECTION 36: [Liquor Control and Licensing Act, section 45] relieves the general manager from having to tie exemptions under section 45 of the Act to specific establishments.

SECTION 37: [Liquor Control and Licensing Act, section 50] extends to catered events the general manager’s power to impose limitations and restrictions on entertainment.

SECTION 38: [Liquor Control and Licensing Act, section 77] ensures that officers or agents of caterers are subject to the same liability as are officers or agents of other licensees.

SECTION 39: [Liquor Control and Licensing Act, section 84] authorizes the Lieutenant Governor in Council to make regulations respecting caterers, catered events and residential events.

SECTION 40: [Liquor Control and Licensing Act, sections 86 to 92]

sets out the circumstances within which liquor may be sold and served at catered events and residential events;
applies the provisions of the Act and regulations relating to establishments to the sites of catered events except in specified or prescribed situations;
provides for the application for and provision of catering licences and endorsements;
authorizes the general manager to impose terms and conditions on, and cancel, catering authorizations.

SECTION 41: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act transition – Part 3 agreements] limits the director to agreeing to issue no more than the prescribed number of credits under Part 3 agreements in the compliance period that begins July 1, 2013.

SECTION 42: [Pension Statutes Amendment Act, 2003, sections 4, 5, 6 and 10] is consequential to the amendments to the Public Sector Pension Plans Act made by this Bill.

SECTION 43: [Pension Statutes Amendment Act, 2003, section 9] is consequential to the amendments to the Public Sector Pension Plans Act made by this Bill.

SECTION 44: [Public Sector Pension Plans Act, section 1] replaces definitions and adds a definition to provide for the adoption of a joint management agreement for the College Pension Plan.

SECTION 45: [Public Sector Pension Plans Act, section 9] clarifies a ministerial reference.

SECTION 46: [Public Sector Pension Plans Act, section 18.1] continues transitional provisions that were previously in Part 4 of the Act.

SECTION 47: [Public Sector Pension Plans Act, heading to Part 4] is consequential to the repeal of sections 27 to 29 of the Act by this Bill.

SECTION 48: [Public Sector Pension Plans Act, headings to Divisions 1 and 2 of Part 4] is consequential to the repeal of sections 27 to 29 of the Act by this Bill.

SECTION 49: [Public Sector Pension Plans Act, sections 27 to 29] repeals spent provisions.

SECTION 50: [Public Sector Pension Plans Act, Schedule A, sections 1 and 3] updates a reference.

SECTION 51: [Public Sector Pension Plans Act, Schedule A, section 1] repeals, amends and enacts definitions.

SECTION 52: [Public Sector Pension Plans Act, Schedule A, Part 1] repeals spent provisions.

SECTION 53: [Public Sector Pension Plans Act, Schedule A, Part 1.1] adds a Part to provide for joint trusteeship of the College Pension Plan.

SECTION 54: [Public Sector Pension Plans Act, Schedule A, heading to Part 2] updates a heading.

SECTION 55: [Public Sector Pension Plans Act, Schedule A, section 18] updates a reference.

SECTION 56: [Public Sector Pension Plans Act, Schedule A, section 20] amends a regulation-making power.

SECTION 57: [Public Sector Pension Plans Act, Schedule B, section 1] updates references and adds a definition.

SECTION 58: [Public Sector Pension Plans Act, Schedule B, heading to Part 3] updates a heading.

SECTION 59: [Public Sector Pension Plans Act, Schedule B, section 21] amends a regulation-making power.

SECTION 60: [Public Sector Pension Plans Act, Schedule C, section 1] updates a reference.

SECTION 61: [Public Sector Pension Plans Act, Schedule C, heading to Part 3] updates a heading.

SECTION 62: [Public Sector Pension Plans Act, Schedule C, section 22] amends a regulation-making power.

SECTION 63: [Public Sector Pension Plans Act, Schedule D, heading to Part 3] updates a heading.

SECTION 64: [Public Sector Pension Plans Act, Schedule D, section 21] amends a regulation-making power.

SECTION 65: [Public Sector Pension Plans Act, Schedules B, C and D, section 18] deletes a spent phrase.

SECTION 66: [Forest Act, section 12] replaces references to officials with a reference to the minister.

SECTION 67: [Forest Act, section 151] clarifies that regulations may be made under this section respecting deposits payable by applicants for agreements.

SECTION 68: [Land Title Act, section 182] is consequential to the amendment to Part 14 of the Act by this Bill.

SECTION 69: [Land Title Act, sections 223.1 and 223.2] adds a Division to Part 14 providing that party wall agreements may be registered against adjoining parcels and that certain provisions of those agreements run with and bind adjoining parcels.

SECTION 70: [Wildfire Act, section 66.1] provides statutory immunity to employees and other specified individuals with respect to the exercise of powers and performance of duties and functions under the Act.

SECTION 71: [Miscellaneous Statutes Amendment Act (No. 2), 2011, section 37] repeals an inoperative amendment.

SECTION 72: [Property Law Act, section 18] is consequential to the amendment to Part 14 of the Land Title Act by this Bill.

SECTION 73: [Forest Act – validation] validates things done under section 151 (11) of the Forest Act since December 9, 2008.

SECTION 74: [Health Professions Act, section 20.02] establishes that the Labour Mobility Act does not apply to the occupation of nurse practitioner and provides for simultaneous repeal by regulation of this provision and its companion provision in the Labour Mobility Act.

SECTION 75: [Health Professions Act, section 50.54] is consequential to the enactment of section 20.02.

SECTION 76: [Health Professions Act, section 50.54] removes the reference to section 20.02, consequential to the repeal of that section.

SECTION 77: [Labour Mobility Act, section 4] eliminates, in relation to nurse practitioners, the override in this section, consequential to the enactment of sections 20.02 of the Health Professions Act and 6.1 of the Labour Mobility Act.

SECTION 78: [Labour Mobility Act, section 4] reinstates, in relation to nurse practitioners, the override in this section, consequential to the repeal of sections 20.02 of the Health Professions Act and 6.1 of the Labour Mobility Act.

SECTION 79: [Labour Mobility Act, section 6.1] establishes that the overrides in the Labour Mobility Act do not operate in relation to nurse practitioners.

SECTION 80: [Election Act, section 1]

adds a definition for "pre-campaign period";
clarifies that a pre-campaign period is suspended if there is a sitting of the Legislative Assembly when the pre-campaign period has started.

SECTION 81: [Election Act, section 183] is consequential to the addition of the definition of “pre-campaign period” to the Act by this Bill.

SECTION 82: [Election Act, sections 198 and 199] is consequential to the addition of the definition of “pre-campaign period” to the Act by this Bill.

SECTION 83: [Election Act, section 204] is consequential to the addition of the definition of “pre-campaign period” to the Act by this Bill.

SECTION 84: [Election Act, section 228] is consequential to the addition of the definition of “pre-campaign period” to the Act by this Bill.

SECTION 85: [Election Act, section 235.1] is consequential to the addition of the definition of “pre-campaign period” to the Act by this Bill.

SECTION 86: [Election Act, section 244] is consequential to the addition of the definition of “pre-campaign period” to the Act by this Bill..

SECTION 87: [Election Act, section 278] adds a reference to section 235.2 of the Act.

SECTION 88: [Family Law Act, section 323] is consequential to the amendment made by this Act to section 1 of the Election Act.

SECTION 89: [Police Act, section 38.06] clarifies that the chief civilian director may appoint, as an IIO investigator, any person who has investigative experience, so long as the person is not currently a member of a police or law enforcement agency outside British Columbia, is not currently a member of the Royal Canadian Mounted Police and was not a member of a police force in British Columbia within the last 5 years.

SECTION 90: [Police Act, sections 38.101, 38.102 and 38.121] provides for the following:

imposes an obligation on officers to cooperate fully with the chief civilian director and IIO investigators in investigations by the independent investigations office;
specifies that a statement made by an officer during an investigation by the independent investigations office is inadmissible in evidence in court in a civil proceeding for remedies against the officer in relation to the matter under investigation;
authorizes the chief civilian director to provide the public with information about investigations by the independent investigations office.

SECTION 91: [Police Act, section 40] expands the director of police services’ standard-making powers to include the power to make standards respecting the following:

cooperation between the independent investigations office and other police and law enforcement agencies in relation to investigations by the independent investigations office;
cooperation and coordination among the provincial police force (RCMP), municipal police departments and designated policing units in relation to investigations that are complex or involve serious crimes.

SECTION 92: [Police Act, section 180] provides that

records relating to a complaint or investigation must be removed from a municipal police officer’s service record of discipline when the outcome of the complaint or investigation is that the complaint is withdrawn, the investigation is discontinued or no disciplinary or corrective measures are imposed, and
complaints or investigations are irrelevant, for the purposes of section 180 (8) (a), (b) and (c), when the outcome of the complaint or investigation is that the complaint is withdrawn, the investigation is discontinued or no disciplinary or corrective measures are imposed.

SECTION 93: [Confirmation of corrections to statutes] confirms corrections made to statutes in respect of a revision error and in respect of the following types of errors:

errors of form;
errors of style;
numbering errors;
typographical errors;
reference errors.

SECTION 94: [Budget Transparency and Accountability Act, section 6] provides that the main estimates with the budget must be presented to the Legislative Assembly on or before the third Tuesday in February in the preceding year.

SECTION 95: [Budget Transparency and Accountability Act, section 10] provides that, for a quarterly report for the first 9 months of the fiscal year, required information may be made public on or before the third Tuesday in February of that fiscal year.

BILL 41 — 2012
MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2012

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

Part 1 — Advanced Education Amendments

Engineers and Geoscientists Act

1 Section 2 (6) and (7) of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is amended by striking out "Nothing in this Act" and substituting "Subject to the bylaws made under section 10 (1) (b.2), nothing in this Act or the bylaws".

2 Section 6 is amended

(a) in subsection (1) by adding "and holders of limited licences," after "the members of the association", and

(b) by repealing subsection (4) and substituting the following:

(4) One or more vice presidents, one of whom must be designated by the council to have all the powers and rights of the president during the president’s absence, must be elected annually by the members of the association and holders of limited licences.

3 Section 9 is amended

(a) in subsections (3) (b) and (6) by adding "and holders of limited licences" after "members" wherever it appears,

(b) in subsection (6) (b) by adding "or holder of a limited licence" after "member", and

4 Section 10 is amended

(a) in subsection (1) by adding the following paragraphs:

(b.1) without limiting paragraph (b), the practice and procedure for proceedings before the discipline, practice review or conduct review committee;

(b.2) the direct supervision of former members and licensees by members;

(d.1) the establishment by the council of a conduct review program for members, licensees and certificate holders, including the creation of a conduct review committee to perform conduct reviews as directed by the council, as recommended by the investigation committee or subcommittee or as referred by the registrar;

(i.1) the establishment of standards of practice or a code of conduct for members and licensees;

(n.1) the establishment of requirements and procedures for the reinstatement of former members, licensees and certificate holders, including, without limitation, the imposition of conditions on reinstatement and direct supervision of former members, licensees and certificate holders; ,

(b) in subsection (1) (d) by adding ", as recommended by the investigation committee or subcommittee or as referred by the registrar" after "as directed by the council", and

(1.2) The council may make bylaws under subsection (1) establishing standards of practice, a code of conduct or a quality management program that have been developed in concert with the governing body of another profession.

5 Section 12 is amended

(a) in subsection (2) by adding "or holder of a limited licence" after "member of the association",

(b) in subsection (4) by adding "or holders of limited licences" after "members of the association", and

(6) Twenty-one days’ written notice of the time and place of any meeting of the association must be sent by prepaid post to every member of the association in good standing and to every holder of a limited licence in good standing at the member’s or holder’s, as the case may be, last recorded address.

(7) The council may, and on written request of 25 members of the association or holders of limited licences must, take a vote of the members of the association and the holders of limited licences by ballot in the manner determined by the council on any matter that, under this Act, can be voted on at a general meeting of the association.

6 Section 13 is amended by adding the following subsection:

(8) The council may, in writing, delegate some or all of its powers and duties under this section to the registrar, on the terms or conditions the council considers advisable.

7 The following sections are added:

Interprovincial agreements to practice

14.1 (1) In this section, "governing body" means the governing body of professional engineering or professional geoscience in another province of Canada.

(2) Despite section 13, the council may enter into an agreement with a governing body to permit an engineer or a geoscientist who is qualified in the province of the governing body to practise professional engineering or professional geoscience, as the case may be, in British Columbia.

(3) In permitting a professional engineer or professional geoscientist to practise in British Columbia in accordance with an agreement under subsection (2), the council may

(a) attach conditions or limitations to the permission,

(b) impose a fee, and

Interjurisdictional agreements to practice

14.2 (1) In this section, "governing body" means the governing body of professional engineering or professional geoscience, or a profession considered by the council to be equivalent to one or both of those, in a jurisdiction that is outside of Canada.

(2) Despite section 13, the council may enter into an agreement with a governing body to permit an engineer or a geoscientist who is qualified in that jurisdiction to practise professional engineering or professional geoscience, as the case may be, in British Columbia.

(3) An agreement referred to in subsection (2) may specify qualifications that are considered by the council to be equivalent to those required under this Act for admission to membership or the granting of a licence under section 13 and that, if met by the engineer or geoscientist, as the case may be, from the other jurisdiction, satisfy the requirements under section 13 for admission to membership or the granting of a licence.

8 Section 29 (1) and (2) is repealed and the following substituted:

(1) If the association receives a complaint against a member, licensee or certificate holder, the registrar must

(a) designate a member to review the complaint,

(b) refer the complaint to the practice review or conduct review committee established under the bylaws to review the complaint, or

(c) close the complaint file and give written reasons for the closure to the complainant and the member, licensee or certificate holder against whom the complaint was made.

(2) If after the review the member designated under subsection (1) or the practice review or conduct review committee to which a complaint is referred under subsection (1) considers that further investigation is warranted, the member or the committee, as the case may be, must submit a report to the investigation committee recommending further investigation and stating the reasons for the

9 Section 30 is amended

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

(3) The investigation committee or a subcommittee composed of one or more of its members appointed by the investigation committee may, on receipt of a report under section 29 or subsection (7.1) of this section or whenever it considers it appropriate, investigate a member, licensee or certificate holder. ,

(b) in subsection (4) by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:

(7) The investigation committee or subcommittee may

(a) make recommendations to the member, licensee or certificate holder that was investigated

(i) following an investigation under subsection (3), or

(ii) on receipt of a report under subsection (6), or

(b) refer the matter for review to the practice review or conduct review committee established under the bylaws recommending a practice review or conduct review and stating the reasons for the recommendation.

(7.1) On conclusion of a review, the practice review or conduct review committee may, as it considers appropriate,

(a) make recommendations to the member, licensee or certificate holder that was the subject of the review, and

(b) prepare a report of its findings and recommendations for the registrar, investigation committee or subcommittee, as the case may be.

(8) The investigation committee or subcommittee may inform the complainant, if any, of the recommendations made under subsection (7) (a) or (7.1) (a).

10 The following section is added:

Disciplinary action in other jurisdiction

33.1 (1) A member or licensee must inform the council of disciplinary action taken against the member or licensee by a body that governs the practice of professional engineering or professional geoscience in another province of Canada or another jurisdiction outside Canada.

(2) The council may, after becoming aware of disciplinary action against a member or licensee by a body that governs the practice of professional engineering or professional geoscience in another province of Canada, refer the matter to the discipline committee.

(3) After providing an opportunity to be heard to a member or licensee referred to in subsection (2), the discipline committee may, without causing an inquiry to be held, make one or more of the orders in section 33 (2) that it considers equivalent to the order made in the other province.

(4) If the discipline committee makes an order under subsection (3), section 33 (3) and (4) applies.

11 Section 41 is repealed and the following substituted:

Personal liability protection

41 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the members of the council, an employee or officer of the association, a member of the association or an individual acting on behalf of the association or under the direction of the council 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.

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

(3) Subsection (1) does not absolve the association from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the association would be vicariously liable if this section were not in force.

12 The following section is added:

Conduct review committee

44.1 If a conduct review committee is created under section 10 (1) (d.1), a member, licensee or certificate holder

(a) must, on request, provide the conduct review committee with any relevant information, record, document or thing, and

(b) may not refuse to comply with a request under paragraph (a) on the grounds of confidentiality.

Part 2 — Community, Sport and Cultural
Development Amendments

Greater Vancouver Sewerage and Drainage District Act

13 The Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by adding the following section:

Membership of Tsawwassen First Nation

66.1 (1) Despite this Act, the membership of Tsawwassen First Nation in the Corporation and the attainment of the Corporation’s objects in and for the treaty lands of Tsawwassen First Nation must be on the terms and conditions

(a) as may be mutually agreed between the Board, on the recommendation of the Commissioner, and Tsawwassen First Nation, or

(b) if the Board and Tsawwassen First Nation cannot reach agreement under paragraph (a), as may be ordered by the Lieutenant Governor in Council under subsection (2).

(2) If the Board and Tsawwassen First Nation fail to reach agreement under subsection (1) (a), the Lieutenant Governor in Council has absolute power and authority to settle those terms and conditions by order, on request of Tsawwassen First Nation.

(3) An agreement under subsection (1) (a) or an order under subsection (2) becomes effective to add Tsawwassen First Nation as a member of the Corporation on the date that both of the following have occurred:

(a) Tsawwassen First Nation has, by law, confirmed the agreement or order;

(b) a regulation under subsection (6) is in effect.

(4) On becoming effective under subsection (3), an order under subsection (2) is final and binding on the Corporation and Tsawwassen First Nation.

(5) If an agreement under subsection (1) (a) or an order under subsection (2) becomes effective in accordance with subsection (3),

(a) the Corporation must exercise its powers and duties for the attainment of the Corporation’s objects in and for the treaty lands of Tsawwassen First Nation on the terms and conditions agreed or ordered, as the case may be, and

(b) the treaty lands of Tsawwassen First Nation are included in the area of the Corporation.

(6) The Lieutenant Governor in Council may make regulations as required to give effect to an agreement under subsection (1) (a) or an order under subsection (2), as the case may be, including, without limitation,

(a) specifying the provisions of

(i) this Act,

(ii) another enactment under which the Board is empowered to make bylaws, and

(iii) the bylaws, whether authorized by this or another enactment,

that apply to or in relation to Tsawwassen First Nation as a member of the Corporation, or

(b) modifying provisions of this Act or another enactment referred to in paragraph (a) as necessary to give effect to the agreement or order.

Local Government Act

14 Section 11 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

(a) by repealing subsection (2.1) and substituting the following:

(2.1) Despite section 8, in the case of an area that is not a mountain resort improvement district, the minister may recommend to the Lieutenant Governor in Council incorporation of a new mountain resort municipality for the area, whether or not there are residents in the area at the time of the recommendation, if the minister is satisfied that a person has entered into an agreement with the government with respect to developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area. ,

(b) in subsection (3) by striking out "subsection (1), (2) or (2.1)," and substituting "subsection (1) or (2),",

(3.01) On the recommendation of the minister under subsection (2.1), and whether or not there are residents in the area at the time of incorporation, the Lieutenant Governor in Council may, by letters patent, incorporate a new mountain resort municipality for the area, consisting of the members of the municipal council and the residents of the area, if any.

(3.02) For certainty, and unless the letters patent for a mountain resort municipality incorporated under subsection (3.01) provide otherwise,

(a) a mountain resort municipality incorporated under subsection (3.01) is a municipality and any provision of this Act or regulation under this Act or any other Act or regulation that applies to municipalities applies to the mountain resort municipality, and

(b) the council of a mountain resort municipality incorporated under subsection (3.01) is a council and any provision of this Act or regulation under this Act or any other Act or regulation that applies to municipal councils applies to the council of the mountain resort municipality. ,

(d) in subsection (3.1) by striking out "subsection (3)" and substituting "subsection (3.01)",

(e) in subsection (3.1) (d) by adding "and appoint or provide for the appointment of a mayor from among the appointed members of the municipal council" after "of the municipality",

(f) in subsection (3.1) by adding the following paragraph:

(e) despite section 36, provide that the minister may set the general voting day for the first election of members to the municipal council for any date the minister considers appropriate, including a date that is 3 or more years after the incorporation of the mountain resort municipality. , and

(g) in subsection (3.2) by striking out "subsection (3)" and substituting "subsection (3.01)".

Part 3 — Energy and Mines Amendments

Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act

15 Section 1 of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, S.B.C. 2008, c. 16, is amended

(a) by adding the following definitions:

"class", in relation to fuel, means diesel class fuel or gasoline class fuel;

"credit", in relation to a particular diesel class fuel or a particular gasoline class fuel, as applicable, for a period, means a positive difference, in tonnes of carbon dioxide equivalent emissions, between

(a) the number of tonnes of carbon dioxide equivalent emissions that a Part 3 fuel supplier could have had attributable to the quantity of the particular fuel it supplied in the period without exceeding the prescribed carbon intensity limit for the applicable class of fuel for the compliance period of which that period forms all or part, and

(b) the number of tonnes of carbon dioxide equivalent emissions attributable to the quantity of that particular Part 3 fuel that the Part 3 fuel supplier supplied in the period,

and includes a credit issued under a Part 3 agreement;

"debit", in relation to a particular diesel class fuel or a particular gasoline class fuel, as applicable, for a period, means a negative difference, in tonnes of carbon dioxide equivalent emissions, between

(b) the number of tonnes of carbon dioxide equivalent emissions attributable to the quantity of that particular Part 3 fuel that the Part 3 fuel supplier supplied in the period;

"Part 3 agreement" means an agreement under section 8.01 [Part 3 agreements];

"petroleum-based gasoline" does not include the following:

(a) renewable fuel in relation to gasoline class fuel;

(b) for the purposes of Part 3, natural gas, propane, electricity, hydrogen or an energy source prescribed for the purposes of paragraph (b) (ii) of the definition of "gasoline class fuel"; ,

(b) in the definition of "component" by striking out "a component of greenhouse gas emissions attributable to the fuel" and substituting "a component of greenhouse gas emissions attributable to a stage in the life cycle of the fuel",

(c) by repealing the definitions of "diesel class fuel", "diesel fuel", "gasoline class fuel" and "Part 3 fuel" and substituting the following:

"diesel class fuel" means,

(a) for the purposes of Part 2, fuel that is

(i) composed of

(A) petroleum-based diesel fuel, or petroleum-based diesel fuel in combination with renewable fuel in relation to diesel class fuel, or

(B) renewable fuel in relation to diesel class fuel, and

(ii) suitable for use

(A) by an engine in which internal combustion is initiated by compression, or

(B) in a furnace or boiler to produce heat, and

(b) for the purposes of Part 3, fuel that is

(i) described in paragraph (a) (i) and suitable for use by an engine in which internal combustion is initiated by compression, or

(ii) natural gas, propane, electricity, hydrogen or a prescribed energy source, if the Part 3 fuel supplier reasonably believes the natural gas, propane, electricity, hydrogen or prescribed energy source will be used in substitution for diesel fuel;

"gasoline class fuel" means,

(a) for the purposes of Part 2, fuel that is

(i) composed of petroleum-based gasoline, or petroleum-based gasoline in combination with renewable fuel in relation to gasoline class fuel, and suitable for use in a spark ignition engine,

(ii) composed of a petroleum-based substance that is not suitable for use in a spark ignition engine until combined with an oxygenate, or such a substance in combination with an oxygenate, or

(iii) renewable fuel in relation to gasoline class fuel, and

(b) for the purposes of Part 3, fuel that is

(i) described in paragraph (a), or

"Part 3 fuel" means

(a) gasoline class fuel, or

(b) diesel class fuel,

but does not include an energy source excluded by regulation;

"petroleum-based diesel fuel" does not include the following:

(a) renewable fuel in relation to diesel class fuel;

(b) for the purposes of Part 3, natural gas, propane, electricity, hydrogen or an energy source prescribed for the purposes of paragraph (b) (ii) of the definition of “diesel class fuel”; ,

(d) in the definition of "Part 2 fuel" by adding "or" at the end of paragraph (a) and by repealing paragraphs (c) and (d),

(e) in paragraph (c) of the definition of "Part 2 fuel supplier" by striking out "accepted as a Part 2 fuel supplier" and substituting "designated as a Part 2 fuel supplier", and

(f) in the definition of "Part 3 fuel supplier" by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

16 Section 2 (1) and (2) is amended by striking out "A Part 2 fuel supplier" and substituting "Subject to this Act and the regulations, a Part 2 fuel supplier".

17 Section 4 is repealed and the following substituted:

Application to become Part 2 fuel supplier

4 (1) A person who is not a Part 2 fuel supplier may apply to the director, in accordance with the regulations, to be designated as a Part 2 fuel supplier.

(2) The director may designate as a Part 2 fuel supplier, for one or more compliance periods set out in the designation, a person who applies under subsection (1).

(3) A designation under subsection (2) must be in writing.

(4) If the director designates a person under subsection (2), the person is deemed to be a Part 2 fuel supplier for each compliance period set out in the designation but only in respect of Part 2 fuel that the person supplies or uses in the applicable compliance period under an agreement with a Part 2 fuel supplier, which agreement provides that

(a) the transferee of the Part 2 fuel will include the Part 2 fuel in its calculations for the purposes of section 2 for the applicable compliance period, and

(b) the transferor of the Part 2 fuel will not include the Part 2 fuel in its calculations for the purposes of section 2 for the same compliance period.

(5) A Part 2 fuel supplier that transfers fuel under an agreement described in subsection (4) to a person designated under subsection (2) must not include the Part 2 fuel that is subject to the agreement in its calculations for the purposes of section 2 for the applicable compliance period.

(6) The sale or use of Part 2 fuel, described in subsection (4), by a person designated under subsection (2) is deemed to be the first sale of that fuel after it is manufactured or brought into British Columbia.

18 Section 6 is repealed and the following substituted:

Low carbon fuel requirement

6 (1) A Part 3 fuel supplier must ensure that the sum of the credits it generates or acquires, and applies against debits for a compliance period, is equal to or greater than the number of debits the Part 3 fuel supplier is required to set off against credits for that compliance period.

(2) A Part 3 fuel supplier must set off against credits for a compliance period all debits that the Part 3 fuel supplier

(a) calculates under subsection (4) in respect of Part 3 fuel it supplies in the compliance period, or

(b) acquires under section 8 [transferring credits and debits] in that compliance period

and has not transferred under section 8.

(3) Subsections (1) and (2) do not apply in relation to Part 3 fuel that the Part 3 fuel supplier expects, on reasonable grounds, will be used for a purpose other than

(a) transport, or

(b) if applicable, another prescribed purpose.

(4) A Part 3 fuel supplier must calculate, using the following formula, the credits it generated or debits it incurred for each Part 3 fuel it supplied in the compliance period:

Credit or Debit = (CI class × EER fuel – CI fuel) × EC fuel/1 000 000
where
Credit or Debit	=	the number of credits generated, if the number is positive, or the number of debits incurred, if the number is negative, for the compliance period;
CI Class	=	the prescribed carbon intensity limit for the compliance period for the class of fuel of which the fuel is a part;
EER fuel	=	the prescribed energy effectiveness ratio for that fuel in that class of fuel;
CI fuel	=	the carbon intensity of the fuel;
EC fuel	=	the energy content of the fuel calculated in accordance with the regulations.

(5) For the purposes of subsection (3), the carbon intensity of each Part 3 fuel for a compliance period is,

(a) for petroleum-based gasoline, the prescribed carbon intensity,

(b) for petroleum-based diesel fuel, the prescribed carbon intensity,

(c) for a Part 3 fuel, other than petroleum-based gasoline or petroleum-based diesel fuel, produced by a specific producer, if the director has approved under subsection (6) the carbon intensity proposed for the fuel by the producer and published that carbon intensity on a publicly accessible website maintained by the ministry of the minister, the carbon intensity posted, except as limited under subsection (10), and

(d) for any other fuel,

(i) the default carbon intensity deemed by the regulations to be the carbon intensity of the Part 3 fuel, or

(ii) the carbon intensity that results from summing the carbon intensities of the components in respect of the fuel, calculated

(A) in accordance with the regulations, or

(B) by using an alternative method of determining the carbon intensity of a component, which method is proposed in accordance with the regulations by a Part 3 fuel supplier and accepted by the director as a more accurate method of determining the carbon intensity of that component.

(6) For the purposes of subsection (5) (c), the director may

(a) accept from a producer of a Part 3 fuel, other than petroleum-based gasoline or petroleum-based diesel fuel, evidence, satisfactory to and in the form specified by the director, of the carbon intensity of a Part 3 fuel produced by that producer, and

(b) if satisfied that the carbon intensity proposed by the producer accurately reflects the carbon intensity of the fuel, approve that carbon intensity for that fuel and publish that carbon intensity as described in subsection (5) (c).

(7) A decision of the director refusing to

(a) approve a carbon intensity that is proposed by a producer for the purposes of subsection (5) (c), or

(b) accept an alternative method of determining carbon intensity that is proposed by a Part 3 fuel supplier for the purposes of subsection (5) (d) (ii) (B)

must be served on the producer or Part 3 fuel supplier, as applicable.

(8) A producer referred to in subsection (6) need not be a Part 3 fuel supplier.

(9) If a producer whose proposed carbon intensity for a fuel has been approved by the director becomes aware that that carbon intensity will change or has changed, the producer must immediately give written notice to the director.

(10) If, after publishing a carbon intensity under subsection (5) (c), the director is reasonably satisfied that the published carbon intensity is different from the actual carbon intensity of the fuel, the director may limit the application of the published carbon intensity by publishing on the website the date on and after which that carbon intensity may not be applied except in respect of fuel supplied before that date.

19 Section 7 (1) (a) is amended by striking out "section 6" and substituting "section 6 (1)".

20 The following section is added:

Application to become Part 3 fuel supplier

7.1 (1) A person who is not a Part 3 fuel supplier may apply to the director, in accordance with the regulations, to be designated as a Part 3 fuel supplier.

(2) The director may designate as a Part 3 fuel supplier, for one or more compliance periods set out in the designation, a person who applies under subsection (1).

(3) A designation under subsection (2) must be in writing.

(4) If the director designates a person under subsection (2), the person is deemed to be a Part 3 fuel supplier for each compliance period set out in the designation but only in respect of Part 3 fuel that the person supplies or uses in the applicable compliance period under an agreement with a Part 3 fuel supplier, which agreement provides that

(a) the transferee of the Part 3 fuel will include the Part 3 fuel in its calculations for the purposes of section 6 for the applicable compliance period, and

(b) the transferor of the Part 3 fuel will not include the Part 3 fuel in its calculations for the purposes of section 6 for the same compliance period.

(5) A Part 3 fuel supplier who transfers fuel under an agreement described in subsection (4) to a person designated under subsection (2) must not include the Part 3 fuel that is subject to the agreement in its calculations for the purposes of section 6 for the applicable compliance period.

(6) The sale or use of Part 3 fuel, described in subsection (4), by a person designated under subsection (2) is deemed to be the first sale of that fuel after it is manufactured or brought into British Columbia.

21 Part 3 is amended by repealing section 8 and substituting the following:

Transferring credits and debits

8 (1) In this section,

"validated credit" means a credit

(a) validated by the director under subsection (5), or

(b) issued by the director under a Part 3 agreement.

(2) Subject to the regulations, a Part 3 fuel supplier may transfer to another Part 3 fuel supplier

(a) some or all of its validated credits for a compliance period or for a 3 month period of a compliance period, or

(b) some or all of the debits it incurs for a compliance period.

(3) A Part 3 fuel supplier that acquires credits or debits under subsection (2) or paragraph (c) of this subsection may

(a) apply the credits against its debits for any compliance period or, if the regulations restrict the application of credits generated in a compliance period to prescribed compliance periods, apply the credits against its debits for a compliance period prescribed for that purpose,

(b) set off the debits against its credits for the compliance period in which the debits were incurred by a Part 3 fuel supplier, or

(4) Before transferring a credit under subsection (2) (a), the Part 3 fuel supplier must apply to the director, in accordance with the regulations, for validation of the credit.

(5) On application under subsection (4), the director may validate a credit if satisfied that the applicant has generated the credit in the applicable period.

(6) A validated credit is conclusively deemed to be valid for the purposes of the transferee’s calculation under section 6 [low carbon fuel requirement] for the compliance period in which the transferee is applying the validated credit against its debits.

(7) A Part 3 fuel supplier may apply for validation of credits after each 3 month period of a compliance period in respect of some or all of the Part 3 fuel that the Part 3 fuel supplier supplied in the 3 month period or in an earlier 3 month period of the compliance period in respect of which the Part 3 fuel supplier has not applied for validation of credits.

(8) If a Part 3 fuel supplier does not apply, before the date the compliance report for a compliance period is due, for validation of credits generated in the compliance period, the director must give notice to the Part 3 fuel supplier, after the compliance report has been received by the director, of any credits the director validates in respect of the compliance period.

(9) A transfer of credits under this section must be

(a) made in accordance with the regulations, and

(b) recorded in the reports under section 7 [Part 3 compliance reports] of both the Part 3 fuel suppliers.

(10) Part 3 fuel suppliers must maintain, in accordance with the regulations, records of evidence, satisfactory to the director, of any transfers made or accepted under this section.

Part 3 agreements

8.01 (1) Subject to the regulations, the director may enter into an agreement under this section with a Part 3 fuel supplier.

(2) The director may not enter into an agreement under this section unless the director is satisfied that the action a Part 3 fuel supplier proposes to take under the agreement has a reasonable possibility of reducing the amount of carbon dioxide equivalent emissions resulting from the use of Part 3 fuels.

(3) The director may enter into an agreement under subsection (1)

(a) on request of a Part 3 fuel supplier, or

(b) after advertising to and inviting proposals from all Part 3 fuel suppliers.

(4) The terms and conditions of an agreement under subsection (1) must include

(a) a description of the action that the Part 3 fuel supplier agrees to take under the agreement,

(b) the dates by which the action, or a stage of the action, will be completed,

(c) the number of credits that the Part 3 fuel supplier may be issued in respect of the action or stage of the action, and the compliance period or periods in which the credits are expected to be issued,

(d) the evidence that must be provided to the director to demonstrate compliance with the agreement,

(e) prescribed terms and conditions, and

(f) any other terms or conditions the director considers advisable.

(5) The director may agree to issue credits under a Part 3 agreement for an action in respect of which the Part 3 fuel supplier also generates, or is likely to generate, credits under section 6 (4) [low carbon fuel requirement] for the same or a different compliance period.

(6) If the director is satisfied by evidence provided under subsection (4) (d) that the Part 3 fuel supplier has completed the action, or a stage of the action, that, under the agreement, entitles the Part 3 fuel supplier to a credit, the director must issue the credit.

(7) A credit issued under subsection (6) may be

(a) applied against the Part 3 fuel supplier’s debits for any compliance period or, if the regulations restrict the application of credits generated in a compliance period to prescribed compliance periods, against the Part 3 fuel supplier’s debits for a compliance period prescribed for that purpose, or

(b) transferred under section 8 [transferring credits and debits].

(8) A credit issued under subsection (6) is conclusively deemed to be a validated credit for the purposes of section 8.

(9) The director must not agree to issue under Part 3 agreements entered into in a compliance period more than 25% of the sum of all the debits that resulted from the calculation under section 6 (4) by all Part 3 fuel suppliers for the previous compliance period.

22 Section 10 (1) and (1.1) is repealed and the following substituted:

(1) If a report under section 7 [Part 3 compliance reports] indicates that the number of debits a Part 3 fuel supplier is required to set off against credits for the compliance period is greater than the number of credits the Part 3 fuel supplier applies against those debits for that compliance period, the Part 3 fuel supplier is subject to an administrative penalty calculated using the following formula:

Administrative Penalty = (Debits – Credits) × Penalty Rate
where
Debits	=	the number of debits that the Part 3 fuel supplier must, under section 6 (2), set off against credits for the compliance period;
Credits	=	the number of credits that the Part 3 fuel supplier is applying against debits for the purposes of section 6 (1) for the compliance period;
Penalty Rate	=	the penalty rate prescribed by regulation.

23 Section 11 (3) is amended

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

(i) the actual number of credits or debits for a compliance period was different than the number reported under section 7 [Part 3 compliance reports] by a Part 3 fuel supplier, and , and

(b) in paragraphs (a) (ii) and (b) (ii) by striking out "section 6" and substituting "section 6 (1)".

24 Section 14 (1) (c) is amended by striking out "section 6 (3) (b) (iii)" and substituting "section 6 (5) (d) (ii) (B)".

25 Section 22 (3) (c) is repealed and the following substituted:

(i) the determination of credits or debits in relation to all Part 3 fuels supplied in a compliance period by a Part 3 fuel supplier, and

(ii) transfers of credits and debits and their application under section 8 [transferring credits and debits]; .

26 Section 24 (2) is amended by adding the following paragraph:

(c.1) respecting applications or proposals authorized or required under this Act; .

27 Section 25 is amended

(a) by repealing subsection (1) (a) and (n),

(b) in subsection (1) (b) by striking out "one or more of the classes of Part 2 fuels,"and substituting "one or both classes of Part 2 fuel,",

(c) in subsection (1) (o) by striking out "one or more prescribed classes of Part 2 fuel" and substituting "one or both classes of Part 2 fuel",

(d) in subsection (1) (o) (ii) by striking out "prescribed class or classes," and substituting "class or classes,", and

(e) in subsection (2) (a) and (b) by striking out "prescribed class or classes of Part 2 fuel" and substituting "class or classes, as applicable, of Part 2 fuel".

28 Section 26 is amended

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

(a) prescribing an energy source, or prescribing an energy source that has a carbon intensity below a prescribed level, including an energy source that is not a fuel, to be a gasoline class fuel or a diesel class fuel; ,

(b) in subsection (1) (a.1) by striking out "a Part 3 fuel," and substituting "a gasoline class fuel or a diesel class fuel,",

(f) respecting the calculation under section 6 (4) [low carbon fuel requirement], including, without limitation, prescribing the following:

(i) the carbon intensity limit for gasoline class fuel and diesel class fuel for a compliance period;

(ii) carbon intensities of fuels or methods for calculating the carbon intensities of fuels;

(iii) the energy effectiveness ratio for each fuel in each class of fuel;

(iv) a method for calculating the energy content of each fuel; ,

(d) in subsection (1) (m) by striking out "respecting determinations of carbon intensity and weighted average carbon intensity under section 6" and substituting "respecting determinations of carbon intensity for the purposes of section 6",

(e) by repealing subsection (1) (n) and (o) and substituting the following:

(n) respecting the transfer, retention and validation of credits, and the transfer of debits, and their application under section 8 [transferring credits and debits]; ,

(f) in subsection (1) (q) by striking out "one or more prescribed classes of Part 3 fuel" and substituting "one or both classes of Part 3 fuel",

(g) in subsection (1) (q) (ii) by striking out "prescribed class or classes" and substituting "class or classes",

(h) in subsection (1) by adding the following paragraph:

(r) respecting Part 3 agreements. , and

(i) in subsection (2) (a) and (b) by striking out "prescribed class or classes of Part 3 fuel" and substituting "class or classes, as applicable, of Part 3 fuel".

29 Section 29.1 is repealed.

Liquor Control and Licensing Act

30 Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended

(a) by adding the following definitions:

"caterer" means either of the following:

(a) a person who holds a catering licence;

(b) a licensee whose licence contains a catering endorsement;

"catering endorsement" means an endorsement added to a licence under section 88;

"catering licence" means a licence issued under this Act that is prescribed to be a catering licence;

"residential event" means an event that is prescribed to be a residential event;

"site", in relation to a catered event, means,

(a) subject to paragraph (b), the place or premises identified in the application submitted under section 89 for a catering authorization in relation to the event, or

(b) if the catering authorization, if any, issued in relation to the event, describes a site different than that referred to in paragraph (a), the place or premises described in the catering authorization; , and

(b) by repealing the definition of "club".

31 Section 13 is amended by adding the following subsection:

(5) A person who is a caterer or an employee of a caterer must not supervise the sale or service of liquor at a catered event or residential event or sell or serve liquor at the event unless the person has successfully completed a prescribed training program.

32 Section 16 (5) (c) is repealed and the following substituted:

(i) the corporation does not hold, and is not applying to obtain, a catering licence or a catering endorsement and the agent or manager selected by the corporation to carry on its business in the licensed establishment is a resident of British Columbia or a Canadian citizen or is lawfully admitted to Canada under the Immigration and Refugee Protection Act (Canada) for permanent residence, and is not a minor;

(ii) the corporation holds or is applying to obtain a catering licence and each agent or manager selected by the corporation to carry on all or any part of its catering business is a resident of British Columbia or a Canadian citizen or is lawfully admitted to Canada under the Immigration and Refugee Protection Act (Canada) for permanent residence, and is not a minor;

(iii) the corporation holds a licence that has a catering endorsement, or for which the corporation is applying to obtain a catering endorsement, and

(A) the agent or manager selected by the corporation to carry on its business in the licensed establishment is a resident of British Columbia or a Canadian citizen or is lawfully admitted to Canada under the Immigration and Refugee Protection Act (Canada) for permanent residence, and is not a minor, and

(B) each agent or manager selected by the corporation to carry on all or any part of its catering business is a resident of British Columbia or a Canadian citizen or is lawfully admitted to Canada under the Immigration and Refugee Protection Act (Canada) for permanent residence, and is not a minor.

33 Section 18 (4) is amended by striking out "in respect of an establishment, and" and substituting ", and".

34 Section 22 is amended

(a) by adding the following subsection:

(1.1) If at the site of a catered event the conduct of persons attending the event or of the caterer’s employees is of a riotous, violent, drunken or disorderly nature, or the safety of one or more persons at the site is threatened, the general manager may, without a hearing, suspend or cancel the catering authorization and order the immediate removal of patrons. ,

(b) in subsection (3) by striking out "subsection (1)." and substituting "subsection (1) or (1.1).", and

(c) in subsection (4) by striking out "the licensed establishment of a licensee" and substituting "a licensed establishment".

35 Section 23 is amended

(a) in subsections (1), (2.1), (2.2) and (3) by adding "or catering authorization" after "a licence" wherever it appears,

(b) in subsection (2.1) by adding "or catered event" after "the licensed establishment" in both places,

(d) in subsection (3) by striking out "of the licensee".

36 Section 45 (4) is amended by striking out "in respect of an establishment, and" and substituting ", and".

37 Section 50 is amended by adding the following subsection:

(3) Without limiting subsection (2) or section 91, the general manager may, at the time of the issue of a catering authorization for a catered event or at any time during the catered event, impose as a condition of the catering authorization the restrictions and limitations that the general manager considers necessary on any type or form of entertainment performed at the site of the catered event.

38 Section 77 is amended

(a) by renumbering the section as section 77 (1),

(b) in subsection (1) by striking out "If" and substituting "Except as provided in subsection (2), if", and

(2) If an offence under this Act is committed by a corporation in relation to a catered event, the officer or agent of the corporation in charge of selling or serving liquor at the event is deemed to be a party to the offence and is personally liable to the penalties prescribed for the offence as a principal offender, but nothing in this section relieves the corporation or the person actually committing the offence from liability for it.

39 Section 84 is amended

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

(b.2) respecting catering authorizations and providing mechanisms for consultation by the caterer with public authorities, including, without limitation, local governments, first nations and police in relation to catering authorizations;

(b.3) respecting if and to what extent a caterer may be issued a catering authorization in relation to an event that is promoted by, or to which persons were invited by, the caterer;

(b.4) respecting catering endorsements, including, without limitation, the classes or categories of licence to which a catering endorsement may be added, the criteria that must be met before a catering endorsement may be added and terms and conditions that apply to a catering endorsement;

(b.5) prescribing terms and conditions that apply to a catering authorization or a catering endorsement in relation to an event that is promoted by, or to which persons were invited by, the holder of that authorization or endorsement; ,

(b) in subsection (2) (h) by striking out "50 (2);" and substituting "50 (2) or (3);",

(a.1) in the case of catering licences or catering endorsements, set terms and conditions respecting all matters relating to the sale of liquor at residential events, and , and

(d) by adding the following subsections:

(6) Without limiting the application of subsections (3) (a), (4) and (5) to catering licences, subsections (3) (a), (4) and (5) apply to regulations made or that may be made under subsection (2) (b.2) or (b.4) as if

(a) a reference in subsection (3) (a) to licences under section 12, and a reference in subsection (4) or (5) to licences, were a reference to catering authorizations, and

(b) a reference in subsection (4) (d.1) to a licence were a reference to a catering authorization.

(7) The Lieutenant Governor in Council may make regulations for meeting or removing any difficulty arising out of

(a) the inclusion in this Act of provisions relating to catering licences, catering endorsements and catering authorizations, or

(b) the application to catered events and residential events of references under this Act to establishments or licensed establishments,

and for that purpose disapplying or varying any provision of this Act or the regulations.

40 The following sections are added:

Liquor may be sold at catered event

86 A caterer may sell or serve liquor at a residence or at a place or premises that is not, but for section 87, a licensed establishment, in the following circumstances:

(a) the liquor is sold or served at

(i) a residential event, or

(ii) a catered event in relation to which the caterer has been issued a catering authorization by the general manager;

(b) the liquor is sold or served in accordance with

(i) the requirements of section 38 (3),

(ii) the terms and conditions of any catering authorization issued in relation to the event, and

(iii) the terms and conditions of the caterer’s licence that are not in conflict with the terms and conditions of any catering authorization.

Event site constitutes establishment

87 (1) Subject to subsection (2), the site of a catered event is, for the purposes of this Act and the regulations, both an establishment and a licensed establishment for the period approved for the catered event in the catering authorization issued in relation to that event.

(2) A reference to "establishment" or "licensed establishment" in sections 13 (3) and (4), 16 (1) (b) and (c), 21 (3), 22 (1), 23 (2.1), 49 (3), 76 (3) and 77 (1) does not include the site of a catered event.

Catering endorsement

88 Subject to and in accordance with the regulations, a licensee may apply to the general manager for the privilege of selling or serving liquor

(a) at one or more events, and

(b) at one or more locations that are not the establishment in relation to which the licence was issued,

and the general manager may, on any terms and conditions the general manager considers appropriate, so endorse the licence.

Application for catering authorization

89 (1) A caterer may apply for a catering authorization for a catered event.

(2) An application under subsection (1) must

(a) be in the form established by the general manager,

(b) contain the prescribed information and any other information required by the general manager to assess the application, and

(c) be accompanied by such records as the general manager may require, including, without limitation, approvals from other persons the general manager considers may have an interest in the application.

Application procedures

90 The general manager may establish procedures for processing and approving applications referred to in section 89, including, without limitation, providing for applications under that section for which no express approval is required.

General manager may impose terms and conditions

91 (1) The general manager may, in respect of a catering authorization, impose terms and conditions that vary or are in addition to the terms and conditions to which the catering authorization is subject under the regulations.

(2) The terms and conditions that may be imposed by the general manager under subsection (1) include, but are not limited to, terms and conditions that

(a) limit the type of liquor to be offered for sale,

(b) designate the areas of the site of the catered event, both indoor and outdoor, where liquor may be sold and served,

(d) designate the areas within the site of the catered event where minors are permitted,

(e) approve, prohibit or restrict games and entertainment at the site of the catered event,

(f) specify requirements for reporting and record keeping,

(g) control signs used in or for the site of the catered event,

(h) specify requirements for service of food and non-alcoholic beverages, and

(i) limit the ability to sell or serve liquor at the event if the number of persons in attendance at the event exceeds a specified number.

(3) The general manager may require a caterer to whom a catering authorization is issued to send to any person or persons the general manager considers appropriate a copy of one or more of the following:

(a) the catering authorization;

(b) any other record related to the catering authorization application the general manager may specify.

(4) The general manager may determine the circumstances in which, if at all, it is appropriate to issue catering authorizations in relation to specified places or premises, or classes of places or premises, and if so how frequently catering authorizations should be issued for them.

Cancellation of catering authorization

92 The general manager may, by written notice to the caterer to whom a catering authorization was issued, cancel the catering authorization if, in the general manager’s opinion,

(a) the circumstances on the basis of which the catering authorization was applied for and issued have changed so that they no longer meet the requirements of this Act or the regulations for issue of the catering authorization,

(b) the circumstances on the basis of which the catering authorization was issued did not exist at the time the catering authorization was issued, or

Transitional Provision

Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act transition – Part 3 agreements

41 Despite section 8.01 (9) of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, in the compliance period that begins July 1, 2013, the director must not agree to issue under Part 3 agreements more than the prescribed number of credits.

Part 4 — Finance Amendments

Pension Statutes Amendment Act, 2003

42 Sections 4, 5 (a) to (c), 6 and 10 of the Pension Statutes Amendment Act, 2003, S.B.C. 2003, c. 62, are repealed.

43 Section 9, as it enacts Part 1.1 of Schedule A of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is repealed.

Public Sector Pension Plans Act

44 Section 1 (1) of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is amended

(a) by adding the following definition:

"college joint management agreement" means the College Pension Plan Joint Trust Agreement made under this Act on April 4, 2011 between the plan employer partners and the plan member partners, as those terms are defined in section 1 of Schedule A, for the joint management of the college plan, and includes any amendments to the agreement; , and

(b) by repealing the definitions of "college board", "college plan", "municipal joint management agreement", "public service joint management agreement" and "teachers' joint management agreement" and substituting the following:

"college board" means the board of trustees of the college plan appointed under the terms of the college joint management agreement;

"college plan" means the College Pension Plan continued under the college joint management agreement;

"municipal joint management agreement" means the Municipal Pension Plan Joint Trust Agreement made under this Act on April 2, 2001 between the plan employer partner and HEABC, and the plan member partner, as those terms are defined in section 1 of Schedule B, for the joint management of the municipal plan, and includes any amendments to the agreement;

"public service joint management agreement" means the Public Service Pension Plan Joint Trust Agreement made under this Act on December 8, 2000 between the plan employer partner and the plan member partner, as those terms are defined in section 1 of Schedule C, for the joint management of the public service plan, and includes any amendments to the agreement;

"teachers’ joint management agreement" means the Teachers’ Pension Plan Joint Trust Agreement made under this Act on April 2, 2001 between the plan employer partner and the plan member partner, as those terms are defined in section 1 of Schedule D, for the joint management of the teachers’ plan, and includes any amendments to the agreement; .

45 Section 9 (2) (d) (v) is amended by striking out "Minister of Finance" and substituting "minister".

46 The following section is added:

Continuation of investment portfolios

18.1 (1) Each portfolio established under B.C. Reg. 84/86, the Pooled Investment Portfolios Regulation, is continued under this Act.

(2) Each participating fund allocated units of a portfolio immediately before January 1, 2000 must continue to be allocated those units of the portfolio with the investment management corporation holding those units as agent for the participating fund.

(3) All assets held under or in a portfolio by the Minister of Finance or the chief investment officer under the Financial Administration Act immediately before January 1, 2000 must continue to be held under or in the portfolio, in trust, by the investment management corporation.

47 The heading to Part 4 is repealed and the following substituted:

Part 4 — Regulations .

48 The headings to Divisions 1 and 2 of Part 4 are repealed.

49 Sections 27 to 29 are repealed.

50 Sections 1 and 3 of Schedule A are amended by striking out "College Institute Educators’ Association" wherever it appears and substituting "Federation of Post-Secondary Educators of BC".

51 Section 1 of Schedule A is amended

(a) by repealing the definitions of "board", "investment management corporation", "partners", "pension fund", "pension plan" and "pension plan rules" and substituting the following:

"college board" has the same meaning as in section 1 (1) of the Act;

"partners" means the plan employer partners and the plan member partners;

"pension fund" means the cash, investments and other assets of the pension plan held by the college board;

"pension plan" has the same meaning as “college plan” in section 1 (1) of the Act; ,

(b) in the definition of "plan employer partners" by striking out "the Post Secondary Employers’ Association;" and substituting "The Post-Secondary Employers’ Association;", and

(c) in the definition of "plan member partners" by striking out "British Columbia Government and Service Employees’ Union." and substituting "B.C. Government and Service Employees’ Union."

52 Part 1 of Schedule A is repealed.

53 The following Part is added to Schedule A:

Part 1.1 — Joint Trusteeship

Joint management agreement

16.1 (1) In this section, "agreement" means the joint management agreement referred to in subsection (2).

(2) The partners may enter into a unanimous joint management agreement that provides for, but is not limited to, all of the following:

(a) the continuation of the pension plan and pension fund, that were continued under this Schedule, for the benefit of plan members;

(b) the joint management of the pension plan and the pension fund;

(d) the establishment of an arrangement to hold and invest the pension fund;

(e) the composition of the board of trustees of the pension plan, including the appointment of trustees and the delineation of their powers, functions and duties;

(f) the sharing by employers and plan members of gains or surplus and of liability for deficiencies in the pension fund;

(g) the method for amending the pension plan by the agreement of the partners;

(h) the resolution of disputes;

(i) any other matter on which agreement is reached.

(3) The partners must establish appropriate mechanisms whereby the views and interests of the plan members who are

(a) non-unionized employees,

(b) unionized employees not represented by a plan member partner, and

are fairly represented in the negotiation of the agreement.

(4) The pension plan continued under the agreement must provide for all of the following:

(a) employer and employee eligibility to participate in the pension plan;

(b) employer and plan member contributions to the pension fund;

(d) eligibility to receive a benefit and the determination of the amount of that benefit;

(e) benefits on termination, early retirement, normal retirement, late retirement, disability retirement and pre-retirement death;

(f) pension indexing;

(g) general administrative requirements;

(h) supplemental benefits;

(i) continued recognition of any rights vested in a plan member or beneficiary, in the same manner and to the same extent as provided under the pension plan;

(j) any matter necessary or advisable to establish the pension plan rules.

(5) The partners must ensure that

(a) the money of the pension fund is invested or loaned in the best financial interests of the plan members and, in doing that, must

(i) exercise the care, diligence and skill that a person of ordinary prudence would exercise when dealing with the property of another person, and

(ii) ensure that the investments and loans are made in accordance with the provisions of the Pension Benefits Standards Act and other regulatory requirements,

(b) the plan administrative agent keeps an account of all money received and paid out of the pension fund and keeps an accounting of the assets and liabilities of the pension fund, and

(6) Any of the partners may initiate discussions respecting the agreement.

(7) Despite subsection (2), the non-unionized employees, unionized employees not represented by a plan member partner and retirees not represented by the partners may benefit from and be subject to the agreement and the partners have the power to enter into the agreement on behalf of those persons and, if entered into, the agreement is binding on those persons.

54 The heading to Part 2 of Schedule A is repealed and the following substituted:

Part 2 — Plan Continuation .

55 Section 18 of Schedule A is amended by striking out "board" and substituting "college board".

56 Section 20 of Schedule A is repealed and the following substituted:

Plan continuation – regulations

20 The Lieutenant Governor in Council may, on the recommendation of the college board, make regulations that are necessary or advisable to aid the effective governance and administration of the pension plan and pension fund by the college board, and the regulations may be made to apply generally or to a particular case.

57 Section 1 of Schedule B is amended

(a) by repealing the definition of "plan employer partner" and substituting the following:

"plan employer partner" means the government of British Columbia and the municipal governments, including regional districts, as represented by the Union of British Columbia Municipalities; ,

(b) by repealing paragraph (e) of the definition of "plan member partner" and substituting the following:

(e) the British Columbia Police Association, , and

"HEABC" means the health sector employers as represented by the Health Employers Association of British Columbia; .

58 The heading to Part 3 of Schedule B is repealed and the following substituted:

Part 3 — Plan Continuation .

59 Section 21 of Schedule B is repealed and the following substituted:

Plan continuation – regulations

21 The Lieutenant Governor in Council may, on the recommendation of the municipal board, make regulations that are necessary or advisable to aid the effective governance and administration of the pension plan and pension fund by the municipal board, and the regulations may be made to apply generally or to a particular case.

60 Section 1 of Schedule C is amended in the definition of "plan member partner" by striking out "British Columbia Government and Service Employee’s Union," and substituting "B.C. Government and Service Employees’ Union,".

61 The heading to Part 3 of Schedule C is repealed and the following substituted:

Part 3 — Plan Continuation .

62 Section 22 of Schedule C is repealed and the following substituted:

Plan continuation – regulations

22 The Lieutenant Governor in Council may, on the recommendation of the public service board, make regulations that are necessary or advisable to aid the effective governance and administration of the pension plan and pension fund by the public service board, and the regulations may be made to apply generally or to a particular case.

63 The heading to Part 3 of Schedule D is repealed and the following substituted:

Part 3 — Plan Continuation .

64 Section 21 of Schedule D is repealed and the following substituted:

Plan continuation – regulations

21 The Lieutenant Governor in Council may, on the recommendation of the teachers’ board, make regulations that are necessary or advisable to aid the effective governance and administration of the pension plan and pension fund by the teachers’ board, and the regulations may be made to apply generally or to a particular case.

65 Schedules B, C and D are amended in section 18 (4) (k) by striking out ", including those matters described in section 16 (1)".

Part 5 — Forests, Lands and Natural Resource Operations Amendments

Forest Act

66 Section 12 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out "A district manager, a regional manager or the minister" and substituting "The minister".

67 Section 151 (11) is amended by striking out "to be provided by the holder of" and substituting "to be provided by the applicant for or the holder of".

Land Title Act

68 Section 182 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(a) in subsection (1) by striking out "If a restrictive covenant, easement" and substituting "If a restrictive covenant, an easement, a party wall agreement as defined in section 223.1,",

(b) in subsection (1) by striking out "the covenant, easement, or right," and substituting "the covenant, easement, party wall agreement as defined in section 223.1, or right", and

69 Part 14 is amended by adding the following Division:

Division 4.1 — Party Wall Agreements

Definitions

223.1 In this Division:

"adjoining parcels" means two parcels that share a common boundary;

"grant", used in relation to adjoining parcels, means a grant by the owner of one of the parcels in favour of the owner of the other parcel;

"party wall" means a shared supporting wall that is in a building or between two adjoining buildings and is situated on any part of the common boundary shared by adjoining parcels;

"party wall agreement" means an instrument that contains a grant of one or more positive covenants in relation to any of the following:

(a) altering, decorating, maintaining, repairing, replacing or taking down the party wall;

(b) carrying out procedures to ascertain the location of cables, drains, pipes, sewers, wires or other conduits in or near the party wall and clearing, repairing or replacing them;

(d) carrying out inspections, obtaining professional advice, drawing up plans and performing other tasks requisite for doing anything referred to in paragraphs (a) to (c);

(e) allocating between the owners of adjoining parcels the costs and expenses of doing anything referred to in paragraphs (a) to (d) and requiring the owners to pay the costs and expenses as allocated;

(f) carrying insurance in respect of a party wall.

Binding effect

223.2 (1) A party wall agreement may be registered against the title to one or both adjoining parcels.

(2) Subject to subsection (3), a positive covenant in a party wall agreement registered on or after the date this section comes into force runs with and binds, without further registration, the adjoining parcels against which the party wall agreement is registered and renders each successor in title to the adjoining parcels subject to the obligations of the positive covenant.

(3) Despite any term to the contrary in a registered party wall agreement, a person who was an owner of an adjoining parcel against which the party wall agreement is registered is not liable for any breach of a positive covenant in the party wall agreement if the breach occurs after the person ceased to be an owner of the adjoining parcel.

(4) A positive covenant in a party wall agreement is an interest in land and registerable under this Act.

Wildfire Act

70 The Wildfire Act, S.B.C. 2004, c. 31, is amended by adding the following section to Division 4 of Part 5:

Personal liability protection

66.1 (1) In this section:

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

(a) in the exercise or intended exercise of any power under this Act, or

(b) in the performance or intended performance of any duty or function under this Act.

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

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

Consequential Amendments

Miscellaneous Statutes Amendment Act (No. 2), 2011

71 Section 37 of the Miscellaneous Statutes Amendment Act (No. 2), 2011, S.B.C. 2011, c. 13, is repealed.

Property Law Act

72 Section 18 of the Property Law Act, R.S.B.C. 1996, c. 377, is amended

(a) in subsection (5) by striking out "an easement or a restrictive covenant" and substituting "an easement, a restrictive covenant, or a party wall agreement as defined in section 223.1 of the Land Title Act", and

(b) by adding the following subsection:

(9) Common ownership and possession of the burdened and the benefited land does not extinguish a party wall agreement as defined in section 223.1 of the Land Title Act.

Validation Provision

Forest Act – validation

73 (1) In this section,

"validation period" means the period beginning on December 9, 2008 and ending on the date this section comes into force.

(2) All things done during the validation period that would have been validly done had section 151 (11) of the Forest Act, as amended by this Bill, been in force on the day they were done are conclusively deemed to have been validly done.

(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.

Part 6 — Health Amendments

Health Professions Act

74 The Health Professions Act, R.S.B.C. 1996, c. 183, is amended by adding the following section:

Application of Labour Mobility Act to nurse practitioners

20.02 (1) In this section:

(2) The Labour Mobility Act does not apply in respect of the occupation of nurse practitioner.

(3) Section 20 (4.1) (e) of this Act does not apply to a person applying for registration to practise as a nurse practitioner under this Act.

(4) The Lieutenant Governor in Council may by regulation repeal this section, and on that repeal section 6.1 of the Labour Mobility Act is also repealed.

75 Section 50.54 (13) is amended by striking out "Nothing in this Act precludes" and substituting "Other than section 20.02, nothing in this Act precludes".

76 Section 50.54 (13) is amended by striking out "Other than section 20.02, nothing in this Act precludes" and substituting "Nothing in this Act precludes".

Consequential Amendments

Labour Mobility Act

77 Section 4 (2) (b) of the Labour Mobility Act, S.B.C. 2009, c. 20, is amended by striking out "despite any enactment to the contrary," and substituting "despite any enactment to the contrary other than section 6.1 of this Act,".

78 Section 4 (2) (b) is amended by striking out "despite any enactment to the contrary other than section 6.1 of this Act," and substituting "despite any enactment to the contrary,".

79 The following section is added:

Application of this Act to nurse practitioners

6.1 (1) In this section, "occupation of nurse practitioner" means the occupation in British Columbia that constitutes the practice of nursing as a nurse practitioner under the Health Professions Act.

(2) Section 4 (2) (b) does not apply to a worker who applies for certification in relation to the occupation of nurse practitioner under the Health Professions Act.

(3) Section 6 does not apply in respect of section 20.02 of the Health Professions Act.

Part 7 — Justice Amendments

Election Act

80 Section 1 of the Election Act, R.S.B.C. 1996, c. 106, is amended

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

(b) in subsection (1) by adding the following definition:

"pre-campaign period" means, in relation to an election conducted in accordance with section 23 (2) of the Constitution Act, the shorter of the following periods:

(a) the period beginning 40 days before the campaign period and ending at the beginning of the campaign period;

(b) the period beginning 21 days following any sitting of the Legislative Assembly and ending at the beginning of the campaign period; , and

(2) For certainty, if there is a sitting of the Legislative Assembly when a pre-campaign period has started, the pre-campaign period is suspended until 21 days following the sitting of the Legislative Assembly and ends at the beginning of the campaign period.

81 Section 183 (1) is amended by striking out "within the period beginning 60 days before a campaign period and ending at the end of the campaign period" and substituting "within the pre-campaign period and the campaign period".

82 Sections 198 (1) (a) and 199 (1) (a) are amended by striking out "the period beginning 60 days before the campaign period" and substituting "the pre-campaign period".

83 Section 204 (2) is amended by striking out "60 days before the campaign period," in both places and substituting "at the beginning of the pre-campaign period,".

84 Section 228 is repealed and the following substituted:

Election advertising

228 For the purposes of this Act:

"contribution" means a contribution of money provided to a sponsor of election advertising, whether given before or after the individual or organization acts as a sponsor;

"election advertising" means the transmission to the public by any means, during the pre-campaign period and the campaign period, of an advertising message that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated, but does not include

(a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a bona fide periodical publication or a radio or television program,

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,

(d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her personal political views;

"value of election advertising" means

(a) the price paid for preparing and conducting the election advertising, or

(b) the market value of preparing and conducting the election advertising, if no price is paid or if the price paid is lower than the market value.

85 Section 235.1 is repealed and the following substituted:

Third party advertising limits

235.1 (1) In respect of a general election conducted in accordance with section 23 (2) of the Constitution Act, an individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, election advertising during the period consisting of the pre-campaign period and campaign period

(a) such that the total value of that election advertising is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall, or

(b) in combination with one or more individuals or organizations, or both, such that the total value of the election advertising sponsored by those individuals and organizations is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall.

(2) In respect of a general election conducted other than in accordance with section 23 (2) of the Constitution Act, the limits under subsection (1) do not apply to the pre-campaign period, but do apply to the campaign period.

(3) In respect of a by-election, the limits under subsection (1) do not apply to the pre-campaign period, but the limits under subsection (1) (a) (i) and (b) (i) do apply to the campaign period.

(4) Section 204 applies to adjust the amounts under this section.

86 Section 244 (1) is amended by striking out "if during a campaign period or the period beginning 60 days before the campaign period" and substituting "if during a pre-campaign period or a campaign period".

87 Section 278 (1) is repealed and the following substituted:

(1) In relation to a penalty under section 217 (1) (b), 218 (1) (b), 235.2 (1) (b) or 246, the chief electoral officer may issue and file with the Supreme Court a certificate specifying the name of the candidate, political party or sponsor, as applicable, and the amount owed under that provision by the candidate, political party or sponsor.

Family Law Act

88 Section 323 of the Family Law Act, S.B.C. 2011, c. 25, is amended by striking out "Section 1" and substituting "Section 1 (1)".

Police Act

89 Section 38.06 (2) and (3) of the Police Act, R.S.B.C. 1996, c. 367, is repealed and the following substituted:

(2) Subject to subsections (2.1) and (3), the chief civilian director may appoint persons with investigative experience to serve as investigators with the independent investigations office.

(2.1) An appointment under subsection (2) must be made in accordance with

(a) the Public Service Act, and

(b) the regulations, if any, made under section 74 (2) (t.2) [power to make regulations] of this Act.

(3) The chief civilian director may not appoint a person under subsection (2) if the person

(a) is currently a member of a police or law enforcement agency outside of British Columbia,

(b) is currently a member of the Royal Canadian Mounted Police, or

(c) was a member of a police force in British Columbia at any time during the 5-year period immediately preceding the appointment.

90 The following sections are added:

Officers to cooperate with independent investigations office

38.101 An officer must cooperate fully with

(a) the chief civilian director in the chief civilian director’s exercise of powers or performance of duties under this Act, and

(b) an IIO investigator in the IIO investigator’s exercise of powers or performance of duties under this Act.

Use of statements made by officers

38.102 (1) A statement provided or an answer given by an officer during an investigation under this Part is inadmissible in evidence in court in a civil proceeding for remedies against the officer in relation to the matter under investigation.

(2) Subsection (1) applies also in respect of evidence of the existence of a statement provided or answer given by an officer during an investigation under this Part.

Chief civilian director may provide information to public

38.121 (1) In this section, "personal information" has the same meaning as in Schedule 1 of the Freedom of Information and Protection of Privacy Act.

(2) If the chief civilian director considers it in the public interest to do so, the chief civilian director may make the following information available to the public by posting the information on a publicly accessible website maintained by or on behalf of the chief civilian director:

(a) a summary of a matter in respect of which the independent investigations office has been notified or ordered to conduct an investigation;

(b) a description of the resources that the independent investigations office has assigned to an investigation;

(c) a statement indicating whether the independent investigations office, after concluding an investigation, has reported the matter to Crown counsel;

(d) a summary of the results of an investigation, if the matter has not been reported to Crown counsel.

(3) In providing information under subsection (2), the chief civilian director must not disclose personal information about an officer, a victim, a witness or another person who may have been involved in the matter, except as provided in subsection (4).

(4) The chief civilian director may disclose personal information about a person described in subsection (3) only if

(a) the person consents to the disclosure, or

(b) in the opinion of the chief civilian director, the public interest in disclosure outweighs the privacy interests of the person.

(5) Before disclosing information in accordance with subsection (4), the chief civilian director must, if practicable,

(a) in the case of information to be disclosed under subsection (4) (a), notify the person to whom the information relates, and

(b) in the case of information to be disclosed under subsection (4) (b),

(i) notify the person to whom the information relates, and

(ii) notify, and consider any comments provided by, the commissioner appointed under the Freedom of Information and Protection of Privacy Act.

91 Section 40 (1) (a.1) is amended by adding the following subparagraphs:

(v) cooperation between the independent investigations office and the provincial police force, municipal police departments, designated policing units and designated law enforcement units in relation to investigations by the independent investigations office;

(vi) cooperation and coordination among the provincial police force, municipal police departments and designated policing units in relation to investigations that are complex or involve serious crimes, including, without limitation, investigations of murder, attempted murder, sexual assault, kidnapping, armed robbery or money laundering; .

92 Section 180 is amended

(a) in subsection (8) by adding the following paragraph:

(d) the records are, or relate to, a recorded complaint or investigation that has been concluded and no disciplinary or corrective measures are recorded in relation to the complaint or investigation because one of the following has occurred:

(i) the complaint has been withdrawn by the complainant under section 94 [withdrawal of complaint by complainant] and the police complaint commissioner has not ordered or continued an investigation into the matter;

(ii) the police complaint commissioner has issued a direction under section 109 (1) [power to discontinue investigation] to discontinue the investigation into the matter;

(iii) the matter has been finally determined and, in that final determination, no disciplinary or corrective measures are imposed in relation to, or accepted by, the member. , and

(b) by repealing subsections (9) and (10) and substituting the following:

(9) An admissible complaint or any investigation of a matter is irrelevant and not to be considered for the purposes of subsection (8) (a), (b) or (c) when one of the following occurs:

(a) the complaint is withdrawn by the complainant under section 94 [withdrawal of complaint by complainant] and the police complaint commissioner does not order or continue an investigation into the matter;

(b) the police complaint commissioner issues a direction under section 109 (1) [power to discontinue investigation] to discontinue the investigation into the matter;

(c) the matter is finally determined and, in that final determination, no disciplinary or corrective measures are imposed in relation to, or accepted by, the member.

Confirmation Provision

Confirmation of corrections to statutes

93 The corrections made by the following regulations, as those regulations have been published in the British Columbia Gazette Part II, of errors in the statutes are confirmed:

(a) B.C. Reg. 236/2011, Statutes Correction Regulation, 2011;

(b) B.C. Reg. 237/2011, correction to the Logging Tax Act.

Consequential Amendments

Budget Transparency and Accountability Act

94 Section 6 of the Budget Transparency and Accountability Act, S.B.C. 2000, c. 23, is amended

(a) in subsection (1) by striking out "on the third Tuesday" and substituting "on or before the third Tuesday", and

(b) in subsection (2) (a) by striking out "the third Tuesday in February" and substituting "the date scheduled for the presentation of the main estimates by the minister under subsection (1)".

95 Section 10 (4) is amended by striking out "on the third Tuesday" and substituting "on or before the third Tuesday".

Commencement

96 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	Sections 1 to 13	By regulation of the Lieutenant Governor in Council
3	Sections 15 to 44	By regulation of the Lieutenant Governor in Council
4	Sections 46 to 49	By regulation of the Lieutenant Governor in Council
5	Sections 51 to 65	By regulation of the Lieutenant Governor in Council
6	Section 70	April 1, 2012
7	Section 76	The date that section 20.02 of the Health Professions Act is repealed
8	Section 78	The date that section 20.02 of the Health Professions Act is repealed
9	Sections 80 to 88	By regulation of the Lieutenant Governor in Council
10	Sections 94 and 95	By regulation of the Lieutenant Governor in Council

Explanatory Notes

SECTION 1: [Engineers and Geoscientists Act, section 2] is consequential to amendments to bylaw-making powers relating to the direct supervision of former members and licensees.

SECTION 4: [Engineers and Geoscientists Act, section 10] adds

bylaw-making powers regarding procedure before various committees, direct supervision of former members of the association, the establishment of a conduct review program, standards of practice and a code of conduct and reinstatement of former members, and
the ability of the council to collaborate with other governing bodies in the development of standards of practice and other specified bylaws.

SECTION 6: [Engineers and Geoscientists Act, section 13] allows the council to delegate its admission powers to the registrar.

SECTION 14: [Local Government Act, section 11] provides for the incorporation of a new mountain resort municipality whether or not there are residents in the area.

SECTION 15: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 1]

adds definitions of
"class", as it applies in relation to fuel,
"credit" and "debit", which are the new measures for determining compliance with Part 3,
"Part 3 agreement", which is a new agreement authorized by this Bill, and
"petroleum-based gasoline", both to clarify what is not petroleum-based gasoline and to exclude gasoline not produced from petroleum;
clarifies the definition of "component";
repeals and replaces the definitions of "diesel class fuel" and "gasoline class fuel" to make a distinction in the terms in relation to Parts 2 and 3;
repeals and replaces the definition of "diesel fuel" with a definition of "petroleum-based diesel fuel" both to clarify what is not petroleum-based diesel fuel for the purposes of Part 3 and to exclude diesel fuel not produced from petroleum;
repeals and replaces the definition of "Part 3 fuel" to eliminate redundancy consequential to amendments made by this Bill;
amends the definition of "Part 2 fuel" to eliminate redundancy consequential to amendments made by this Bill;
amends the definitions of "Part 2 fuel supplier" and "Part 3 fuel supplier" consequential to amendments made by this Bill.

SECTION 18: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 6] repeals and replaces section 6 of the Act to

express the requirement in respect of low carbon fuel by reference to credits and debits, and add a formula for determining whether the requirement has been met, and
authorize the director to accept from a Part 3 fuel producer evidence of the carbon intensity of the producer’s fuel.

SECTION 19: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 7] is consequential to amendments made to section 6 of the Act by this Bill.

SECTION 21: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, sections 8 and 8.01]

is consequential to expressing in credits and debits the requirement in respect of Part 3 fuel;
requires that credits be validated by the director before being transferred under section 8 of the Act;
authorizes the director to enter into an agreement with a Part 3 fuel supplier under which the director may issue credits to the Part 3 fuel supplier upon performance of the agreement or part of the agreement.

SECTION 24: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 14] is consequential to amendments made to section 6 of the Act by this Bill.

SECTION 26: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 24] adds a general regulation-making power respecting applications and proposals under the Act.

SECTION 27: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 25]

makes an amendment consequential to the amendments made by this Bill to the definitions of "diesel class fuel" and "gasoline class fuel" in section 1 of the Act;
repeals a spent regulation-making power.

SECTION 28: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, section 26]

makes amendments consequential to amendments made to section 6 of the Act by this Bill;
adds regulation-making authority in respect of the validation of credits and Part 3 agreements.