BILL 64 – 2003
TRANSPORTATION STATUTES AMENDMENT ACT, 2003

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

 
Company Act

1 Section 350 (2) (i) of the Company Act, R.S.B.C. 1996, c. 62, is repealed.

 
Highway Act

2 Section 4 (3) of the Highway Act, R.S.B.C. 1996, c. 188, is repealed and the following substituted:

(3) Section 2 and subsection (1) of this section do not apply to

(a) the Trans Canada Trail, or

(b) a snowmobile trail established and maintained by a recreational organization,

whether or not public money is spent on the trail before or after the coming into force of this subsection.

 
Greater Vancouver Transportation Authority Act

3 Section 1 (1) of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended by adding the following definition:

"Richmond-Airport-Vancouver rapid transit project" means a rail transportation system connecting

(a) a location in the general vicinity of the intersection of No. 3 Road and Park Road in the City of Richmond,

(b) a location in the general vicinity of the Domestic Air Terminal at the Vancouver International Airport, and

(c) a location in the general vicinity of the intersection of Cordova and Granville Streets in the City of Vancouver; .

4 The following section is added to Part 1:

Richmond-Airport-Vancouver rapid transit project

16.1 (1) Without limiting section 14, the authority may, by resolution of the board, amend the strategic transportation plan to incorporate the Richmond-Airport-Vancouver rapid transit project.

(2) Except to the extent provided in subsections (3) and (4) of this section, sections 14, 15 and 16 do not apply to an amendment of the strategic transportation plan under subsection (1) of this section.

(3) If the authority amends the strategic transportation plan in accordance with subsection (1),

(a) the authority is deemed to have complied with sections 14 and 15 in relation to that portion of the strategic transportation plan that results from the amendment,

(b) the authority must submit the amendment for ratification by a resolution of the Greater Vancouver Regional District board of directors,

(c) the Greater Vancouver Regional District board of directors must, on the request of the authority for ratification of that amendment, respond to that request by a resolution made on or before May 30, 2003, and

(d) the Greater Vancouver Regional District board of directors is deemed to have ratified the amendment if that board of directors

(i) receives the amendment on or before May 27, 2003, and

(ii) fails to respond to the request referred to in paragraph (c) of this subsection on or before May 30, 2003.

(4) An amendment to the strategic transportation plan under subsection (1) of this section takes effect after all of the following have occurred:

(a) the amendment is ratified by the Greater Vancouver Regional District board of directors under subsection (3) (c) or (d);

(b) the government provides notice to the authority that the government has received a commitment from the government of Canada to provide funding for the construction of the Richmond-Airport-Vancouver rapid transit project in an amount and on terms that are satisfactory to the government;

(c) the authority enters into an agreement with the government and the Vancouver International Airport Authority under which the parties to the agreement agree on the terms in accordance with which the Richmond-Airport-Vancouver rapid transit project is to be constructed.

 
Ministry of Transportation and Highways Act

5 Part 3 of the Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311, is repealed.

 
Railway Act

6 Section 5 of the Railway Act, R.S.B.C. 1996, c. 395, is amended by striking out everything before paragraph (a) and substituting "A certificate signed by the minister under section 32, 205 or 225".

7 Section 6 (3) is amended by striking out the form of the memorandum of association and substituting the following:

RAILWAY ACT

MEMORANDUM OF ASSOCIATION OF THE ......................... RAILWAY COMPANY

1. The name of the company is the "......................... Railway Company".

2. The registered office of the company will be located in the City of ........................., in British Columbia.

3. The object for which the company is incorporated is to establish a railway undertaking, and to construct or acquire a railway from ......................... to ........................., in British Columbia.

4. The authorized share capital of the company is as follows: ..........................................................

......................................................................................................................................................

5. We, the several persons whose names and addresses are subscribed, want to be formed into a company under this Memorandum of Association.

Dated .........................[month-day-year]

......................................................................................................................................................

Names, Addresses and Descriptions of Subscribers

......................................................................................................................................................

......................................................................................................................................................

Witness to the above signatures:

Name ........................................................................

Address .....................................................................

Occupation ................................................................ .

8 Section 6 (4) is amended by striking out everything after "in the company".

9 Section 8 is amended

(a) in subsection (2) by striking out "having a share capital of $1 million", and

(b) in subsection (3) by striking out everything after "Registrar of Companies".

10 Sections 10 to 13 are repealed and the following substituted:

Filing certificate and making deposit

10 The company must file the duplicate certificate issued by the Registrar of Companies in the ministry within 30 days after the date of its issuance, including the day of the issuance.

Alteration of authorized share capital

11 (1) The company may alter its authorized share capital in the manner, and subject to the rights and obligations, provided for in Part 8 of the Company Act.

(2) A certified copy of the resolution which alters authorized share capital must be filed with the Registrar of Companies.

11 Part 8 is repealed.

12 Section 65 is amended

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

(2) A company may change its location by a resolution of the majority of its directors. , and

(b) by repealing subsection (4).

13 Section 67 is amended

(a) by repealing subsection (1), and

(b) in subsection (2) by adding "of the company" after "share capital".

14 Section 68 is amended

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

(1) As soon as 25% of the authorized share capital has been subscribed and 10% of the amount subscribed has been paid into a savings institution in British Columbia, the provisional directors must, by a resolution of the majority of their number, determine the number of directors. ,

(b) in subsection (2) by striking out "obtaining the certificate" and substituting "determining the number of directors",

(c) in subsection (3) by striking out "specified in and by the certificate." and substituting "determined by the provisional directors.",

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

(5) The company may, by a resolution of 75% or more of its shareholders, change the number of directors for the company. , and

(e) by adding the following subsection:

(6) Copies of the resolutions referred to in subsections (1) and (5) must be filed with the Registrar of Companies.

15 Section 69 is repealed.

16 The following section is added:

Limitation on investment

83.1 Unless authorized by resolution of 75% or more of its shareholders, a company must not, either directly or indirectly, employ any of its money in the purchase of its own shares, or in the acquisition of any shares, bonds or other securities issued by any other company.

17 Section 91 (1) is amended by striking out "Every matter" and substituting "Unless otherwise provided in this Act, every matter".

18 Part 11 is repealed and the following substituted:

Part 11 -- Borrowing Powers

Borrowing powers

122 (1) The directors may from time to time at their discretion authorize the company to borrow any sum of money for the purposes of the company and may raise or secure the repayment of that sum in the manner and on the terms and conditions, in all respects, that they think fit, including, without limitation, by the issue of bonds or debentures, or any mortgage or charge, whether specific or floating, or other security on the undertaking or all or any part of the property of the company, both present and future.

(2) The directors may make any debentures, bonds or other debt obligations issued by the company, by their terms, assignable free from any equities between the company and the person to whom they may be issued, or any other person who lawfully acquires them by assignment, purchase or otherwise.

(3) The directors may authorize the issue of any debentures, bonds or other debt obligations of the company at a discount, premium or otherwise, and with special or other rights or privileges as to redemption, surrender, drawings, allotment of or conversion into shares, attending at general meetings of the company, and otherwise as the directors may determine at or before the time of issue.

19 Sections 150 and 151 are repealed.

20 Section 161 (2) is repealed.

21 Part 22 is repealed.

22 Sections 171, 172, 181, 182 and 184 are repealed.

23 Section 185 (10) is amended by striking out "200, 201, 204, 205 and 208 to 225" and substituting "204, 205 and 225".

24 Section 186 (6) (c) is repealed.

25 Sections 190 and 191 are repealed.

26 Part 28 is repealed.

27 Section 205 is amended

(a) in subsection (1) by striking out "sections 202 to 204." and substituting "section 204.", and

(b) in subsection (3) by repealing paragraph (c).

28 Parts 30 and 31 are repealed.

29 Sections 226 to 228 are repealed.

30 Parts 34 and 35 are repealed.

31 Sections 261, 262 and 265 are repealed.

 
Riverbank Protection Act

32 The Riverbank Protection Act, R.S.B.C. 1996, c. 408, is repealed.

 
Transportation Investment Act

33 Section 19 of the Transportation Investment Act, S.B.C. 2002, c. 65, is amended by adding the following subsection:

(3) Without limiting subsections (1) and (2), a person who has received an invoice for a toll in relation to a concession highway may

(a) dispute that person's liability for the toll and for any related interest or other charges if, at the date and time for which the toll is being charged, the person was entitled to travel without charge on the concession highway under the terms of

(i) a frequent traveller program or other program offered by the concessionaire in relation to the concession highway, or

(ii) any other agreement between the person and the concessionaire, or

(b) dispute that person's liability for a portion of the toll and for any related interest or other charges if, at the date and time for which the toll is being charged, the person was entitled to travel for less than the invoiced amount on the concession highway under the terms of a program or agreement referred to in paragraph (a).

 
Weed Control Act

34 Section 12 of the Weed Control Act, R.S.B.C. 1996, c. 487, is amended

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

(1) In this section:

"concession highway" has the same meaning as in the Transportation Investment Act;

"concessionaire" has the same meaning as in the Transportation Investment Act;

"highway" has the same meaning as in the Highway Act. , and

(b) by adding the following subsection:

(5) Despite subsections (2) to (4), if a highway is a concession highway, the concessionaire for that highway is the sole occupier of it.

Commencement

35 (1) Sections 1, 2, 5 to 31, 33 and 34 come into force by regulation of the Lieutenant Governor in Council.

(2) Sections 3 and 4 are deemed to have come into force on May 23, 2003 and are retroactive to the extent necessary to give them effect on and after that date.