BILL 11 – 2002
MISCELLANEOUS STATUTES AMENDMENT ACT, 2002

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

 
Access to Education Act

1 The Access to Education Act, S.B.C. 2001, c. 1, is repealed.

 
Assessment Act

2 Section 1 (2) (k) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by adding "broadcasting, rebroadcasting," after "telecommunications,".

 
Family Relations Act, R.S.B.C. 1979, c. 121

3 Section 83 of the Family Relations Act, R.S.B.C. 1979, c. 121, is amended

(a) by repealing subsection (10), and

(b) in subsection (11) by striking out "Subject to subsection (10), a provision" and substituting "A provision".

 
Health Authorities Act

4 Section 19.1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by repealing the definition of "consolidated certification".

5 Section 19.921 is amended

(a) by striking out "30 days" wherever it appears and substituting "120 days", and

(b) by striking out "board decision No. 573/98" in both places and substituting "board decision No. B73/98".

 
Industry Training and Apprenticeship Act

6 The Industry Training and Apprenticeship Act, S.B.C. 1997, c. 50, is amended by adding the following section:

Transitional -- transitional board

24.1 (1) Despite any other provision of this Act, the minister may appoint a transitional board consisting of one member for the purpose of winding up the affairs of the commission.

(2) On the appointment of the transitional board, the appointment of each member of the board of directors of the commission is rescinded.

(3) The transitional board appointed under subsection (1) is deemed to be the board of directors of the commission.

(4) The transitional board must transfer the assets and liabilities of the commission as directed by the minister.

 
Municipalities Enabling and Validating Act (No. 3)

7 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended

(a) by adding the following section:

Provincial heritage sites deemed designated by by-law

4 (1) The designations of the lands described in Schedule 1, however currently described in the records of the land title office,

(a) as a historic site by the Provincial Secretary on February 2, 1971, and

(b) as a heritage designation under section 9 of the Heritage Conservation Act by continuation under section 38 of that Act

are deemed to have been a designation of protected heritage property by by-law under section 593 of the Vancouver Charter.

(2) The Vancouver Charter, insofar as it applies to protected heritage property, applies to the designation referred to in subsection (1) and the by-law required under subsection (3), except that no person is entitled to compensation in respect of either.

(3) Within 30 days after the date this section comes into force, the Council must adopt a by-law under section 593 of the Vancouver Charter for the purpose of subsection (1) of this section and, on its adoption, that by-law is deemed to be the by-law referred to in that subsection.

(4) Sections 594 and 595 of the Vancouver Charter do not apply in relation to the adoption of the by-law required under subsection (3) or the property designated under it.

(5) Notice of the by-law adopted under subsection (3) must be published once a week for 2 consecutive weeks in a newspaper that is distributed at least weekly in the area affected by the by-law. , and

(b) by adding the following Schedule:

Schedule 1
(Section 4)

 
Protected Areas of British Columbia Act

8 Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by repealing the descriptions of Beaumont Marine Park, D'Arcy Island Marine Park, Princess Margaret Marine Park and Sidney Spit Marine Park.

 
Public Service Act

9 Section 13 of the Public Service Act, R.S.B.C. 1996, c. 385, is amended

(a) in subsection (1) by striking out "When calculating" and substituting "Subject to subsection (2), when calculating",

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

(2) Subsection (1) does not apply

(a) to a person appointed as a deputy minister on or after September 1, 2001, or

(b) to a person holding the position of acting deputy minister. , and

(c) by adding the following subsection:

(2.1) Despite subsection (2) (a), subsection (1) continues to apply to a person who is a deputy minister before September 1, 2001 and is reappointed as a deputy minister on or after that date as long as there is no break in service as a deputy minister.

10 Section 26 is amended by renumbering the section as section 26 (1) and by adding the following subsection:

(2) For greater certainty, a deputy minister appointed on or after September 1, 2001 has no claim for payment of compensation because he or she is ineligible for the benefit provided under section 13 (1).

 
Strata Property Act

11 Section 70 (2) (a) of the Strata Property Act, S.B.C. 1998, c. 43, is repealed and the following substituted:

(a) fails to comply with

(i) the British Columbia Building Code referred to in the Building Regulations of British Columbia,

(ii) any applicable municipal or regional district bylaws, or

(iii) any applicable Nisga'a Government laws, or .

12 Section 199 is amended by repealing the definition of "leasehold landlord" and substituting the following:

"leasehold landlord" means the government of British Columbia, the government of Canada, a municipality, a regional district, a Nisga'a Village or the Nisga'a Nation, or another public authority as defined by a regulation made under this Act; .

13 Section 223 (2) (a) and (b) is repealed and the following substituted:

(a) the municipality in which the land is located,

(b) the regional district in which the land is located if the land is not located in a municipality and is not Nisga'a Lands,

(c) the Nisga'a Village if the land is located within Nisga'a Village Lands, or

(d) the Nisga'a Nation if the land is Nisga'a Lands other than Nisga'a Village Lands.

14 Section 226 (4) is amended by striking out "municipality or regional district" and substituting "municipality, regional district, Nisga'a Village or Nisga'a Nation".

15 Section 237 is amended

(a) in subsection (1) by adding "or applicable Nisga'a Government laws" after "bylaws" , and

(b) in subsection (2) by striking out "municipality or regional district" and substituting "municipality, regional district, Nisga'a Village or Nisga'a Nation".

16 Section 242 (1) and (5) is repealed and the following substituted:

(1) For the purposes of this section, "approving authority" means

(a) the municipal council of the municipality if the land is located in a municipality,

(b) the regional board of the regional district if the land is located in a regional district but not in a municipality and is not Nisga'a Lands,

(c) the Nisga'a Village Government if the land is located within Nisga'a Village Lands, or

(d) the Nisga'a Lisims Government if the land is Nisga'a Lands other than Nisga'a Village Lands.

(5) The approving authority must not approve the strata plan unless the building substantially complies with the following:

(a) the applicable bylaws of the municipality or regional district;

(b) applicable Nisga'a Government laws;

(c) the British Columbia Building Code referred to in the Building Regulations of British Columbia.

17 Section 258 (4) (a) and (b) is repealed and the following substituted:

(a) one stall per strata lot, or any greater number of stalls required by an applicable municipal bylaw, Nisga'a Government law or other enactment, plus

(b) one stall per 10 strata lots for visitor parking or any greater number of visitor parking stalls required by an applicable municipal bylaw, Nisga'a Government law or other enactment.

18 Section 259 (3) (b) (ii) is repealed and the following substituted:

(ii) if a strata lot is being divided, a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws or applicable Nisga'a Government laws, .

19 Sections 259 (3) (b) (iii) and (iv), 261 (1) (b) (i), 262 (3) (c) (iii) and (iv) and 263 (2) (b) (ii) and (iii) are amended by striking out "if the approval is required".

20 Section 262 (3) (c) (ii) is repealed and the following substituted:

(ii) a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws or applicable Nisga'a Government laws, .

21 Section 264 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) If a strata plan amendment under section 259, 262 or 263 changes unit entitlement, a new Schedule of Unit Entitlement must be established in accordance with section 246 by using the same formula for calculations that was used to establish the Schedule of Unit Entitlement that is being replaced.

(2) If a strata plan amendment under section 259, 262 or 263 changes voting rights, a new Schedule of Voting Rights must be established in accordance with section 247 or 248 by using the same formula for calculations that was used to establish the Schedule of Voting Rights that is being replaced. , and

(b) by adding the following subsections:

(5) If an amendment to a Schedule of Unit Entitlement under section 261 changes unit entitlement, a new Schedule of Unit Entitlement must be established in accordance with section 246 by using the same formula for calculations that was used to establish the Schedule of Unit Entitlement that is being replaced.

(6) Each of the following must be submitted to the superintendent for approval:

(a) a new Schedule of Unit Entitlement established under subsection (1);

(b) a new Schedule of Voting Rights established under subsection (2);

(c) a new Schedule of Unit Entitlement established under subsection (5).

22 Section 267 (d) is amended by striking out "municipal or regional district bylaws" and substituting "any applicable municipal or regional district bylaws or Nisga'a Government laws".

 
Taxation (Rural Area) Act

23 Section 1 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by adding the following definition:

"copy taxation notice" means a copy of the taxation notice referred to in section 21 (2); .

24 Section 11 is amended by adding the following subsections:

(1.1) If

(a) a taxpayer reports to the Surveyor of Taxes on or before July 2 of the year the taxes are first levied that the annual taxation notice referred to in section 21 (2) was not received, and

(b) the Surveyor of Taxes is satisfied that the taxpayer did not receive the taxation notice,

the Surveyor of Taxes must issue a copy taxation notice to the taxpayer and the taxes levied are due and payable within 38 days after the issue date of that notice.

(1.2) For the purposes of a copy taxation notice issued under subsection (1.1),

(a) subsection (1) does not apply to the taxpayer,

(b) a reference in subsection (2) (a) to "a portion of the taxes referred to in subsection (1) remains unpaid on July 2 of the year they are first levied" is deemed to read "a portion of the taxes referred to in subsection (1.1) remains unpaid 38 days after the issue date of the copy taxation notice", and

(c) a reference in subsections (2) (b) and (3) to "taxes referred to in subsection (1)" is deemed to read "taxes referred to in subsection (1.1)".

 
Vancouver Charter

25 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by repealing the definition of "protected heritage property" and substituting the following:

"protected heritage property" means property that is

(a) protected under section 13 (2) of the Heritage Conservation Act,

(b) designated as protected under section 593 [heritage designation protection], or

(c) listed in a schedule included under section 596A (3) (b) [designation of heritage conservation areas] in an official development plan; .

26 Section 200 is amended

(a) by renumbering the section as section 200 (1), and

(b) by adding the following subsection:

(2) The Council may authorize the expenditure for any lawful purpose of any balance carried forward from a previous year.

27 Section 201 is repealed and the following substituted:

Investment of city funds

201. (1) Money held by the city that is not immediately required may be invested or reinvested by the Council in one or more of the following:

(a) securities of Canada or of a province;

(b) securities guaranteed for principal and interest by Canada or by a province;

(c) securities of a municipality, including the city, or a regional district;

(d) securities of the Greater Vancouver Water District or the Greater Vancouver Sewerage and Drainage District;

(e) securities of the Municipal Finance Authority;

(f) securities of or investments guaranteed by a chartered bank;

(g) deposits in a savings institution, or non-equity or membership shares of a credit union;

(h) pooled investment funds under section 16 of the Municipal Finance Authority Act;

(i) any of the investments permitted for the Municipal Finance Authority under section 16 (3) of the Municipal Finance Authority Act, including pooled investment portfolios under the Financial Administration Act.

(2) Section 16 (4) of the Municipal Finance Authority Act applies for the purposes of subsection (1) (i) of this section.

28 Section 247A is repealed and the following substituted:

Debt repayment fund

247A. (1) The Council may, by by-law, provide that all or part of any surplus moneys be set aside in a debt repayment fund for the purpose of providing funds in advance of requirements for annual interest payments on outstanding debentures of the city and for the retirement of those debentures at maturity.

(2) If money in a debt repayment fund is invested under section 201 [investment of city funds], the securities and their revenues shall be held to the credit of the fund.

(3) Money in a debt repayment fund shall be used only for the purpose of reducing the annual levy required to be made under section 239 [issue of securities to cover debt] for outstanding debentures.

29 Sections 259 and 260 are repealed and the following substituted:

Expenditure may be delayed

259. (1) Until such time as the proceeds from the sale of debentures are expended, the Council may

(a) invest the funds in accordance with section 201 [investment of city funds], or

(b) temporarily use all or part of the funds for other expenditures of the city pending the collection of current taxes each year.

(2) As limits on the authority under subsection (1) (b),

(a) funds may only be used under that subsection during the period from January 1 to July 15 in each year, and

(b) the funds shall be returned to Capital Account on or before July 15 in the year they are so used.

Application of securities held as investments from sinking funds

260. (1) If money in a sinking fund account is invested under section 201 [investment of city funds], the securities and their revenues shall be held to the credit of the applicable sinking fund account.

(2) If more than one sinking fund account is involved, the securities and revenues referred to in subsection (1) shall be allocated in proportion to the money from the accounts used for the investment.

30 Section 559 is amended by adding the following definition:

"heritage conservation area" means an area designated under section 561 (2) (c) (iv) in an official development plan; .

31 Section 561 (2) (c) is amended

(a) in subparagraph (ii) by striking out "buildings, and" and substituting "buildings,",

(b) in subparagraph (iii) by striking out "as a whole." and substituting "as a whole, and", and

(c) by adding the following subparagraph:

(iv) for the purposes of heritage conservation, heritage conservation areas in accordance with section 596A.

32 Section 562 is amended by adding the following subsections:

(3) Before adopting a by-law under subsection (1), if the official development plan designates a heritage conservation area and includes a schedule referred to in section 596A (3) (b), the Council must hold a public hearing.

(4) Section 566 (3) to (5) [amendment or repeal of zoning by-law] applies in respect of a public hearing referred to in subsection (3).

33 The following section is added:

Temporary protection by introduction of a continuing protection by-law

589A. (1) For a period of 120 days beginning on the date of first reading of a by-law to adopt or amend an official development plan that designates a heritage conservation area, section 596B (1) [heritage conservation areas] applies to all properties in the area as if the by-law was already adopted.

(2) For a period of 60 days beginning on the date of first reading of a heritage designation by-law, section 593 (1) applies to the property to which it relates as if the heritage designation by-law was already adopted.

(3) If the owner of property to which subsection (2) applies agrees, the Council, by by-law, may extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection.

(4) If the issue of compensation for designation is submitted to arbitration under section 595 [compensation for heritage designation] before the heritage designation by-law is adopted, the period under subsection (2) of this section is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the Council.

(5) If the Council defeats or decides not to proceed with a by-law, the protection under this section ends.

34 Section 596 (1) is repealed and the following substituted:

(1) The Council, by by-law, may establish minimum standards for the maintenance of real property that is

(a) designated as protected by a heritage designation by-law, or

(b) within a heritage conservation area.

35 The following sections are added to Division 4 of Part XXVIII:

Designation of heritage conservation areas

596A. (1) Subject to this section, if an official development plan designates a heritage conservation area, section 596B (1) applies to that area.

(2) If an official development plan designates a heritage conservation area,

(a) the official development plan must

(i) describe the special features or characteristics that justify the designation, and

(ii) state the objectives of the designation, and

(b) either the official development plan or a zoning by-law must specify guidelines respecting the manner in which the objectives are to be achieved.

(3) If an official development plan designates a heritage conservation area, the official development plan may do one or more of the following:

(a) specify conditions under which section 596B (1) does not apply to property within the area, which conditions may be different for different properties or classes of properties;

(b) include a schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;

(c) for the purposes of section 596B (3), identify features or characteristics that contribute to the heritage value or heritage character of the area.

(4) At least 10 days before a public hearing required under section 562 (3) [council powers respecting official development plan], the Council must give notice in accordance with section 599 [giving notice to owners and occupiers] to each owner and each occupier of property that is to be listed in a schedule included under subsection (3) (b), unless the property

(a) was already listed in the schedule, or

(b) was previously designated by by-law under section 593.

(5) Within 30 days after the adoption of a by-law that lists a property in or deletes a property from a schedule included under subsection (3) (b) in an official development plan, the Council must

(a) file a notice in the land title office in accordance with section 601 [notice on land titles], and

(b) give notice to the minister responsible for the Heritage Conservation Act in accordance with section 602 [notice to minister responsible for the Heritage Conservation Act].

Heritage conservation areas

596B. (1) If an official development plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued:

(a) subdivide land within the area;

(b) start the construction of a building or structure or an addition to an existing building or structure within the area;

(c) alter a building or structure or land within the area;

(d) alter a feature that is protected heritage property.

(2) Subsection (1) does not apply if conditions established under section 596A (3) (a) apply.

(3) If a heritage alteration permit is required by subsection (1), a delegate may only act in relation to such a permit if

(a) the property is protected heritage property, or

(b) the permit relates to a feature or characteristic identified under section 596A (3) (c).

36 Section 597 is amended

(a) in subsection (2) by striking out "Subject to the limitation that the use or density of use may not be varied, a heritage alteration permit may, in relation to protected heritage property," and substituting "A heritage alteration permit may, in relation to protected heritage property or property within a heritage conservation area,", and

(b) by adding the following subsection:

(3.1) The following restrictions apply to subsection (2):

(a) the use or density of use may not be varied;

(b) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under section 596A (2) (b) for the heritage conservation area.

37 Section 601 (1) is amended by adding the following paragraph:

(d) property listed in a schedule included under section 596A (3) (b) in an official development plan.

38 Section 602 (1) is amended by adding the following paragraph:

(e) property listed in a schedule included under section 596A (3) (b) in an official development plan.

Commencement

39 (1) Section 2 is deemed to have come into force on October 27, 2000 and is retroactive to the extent necessary to give it effect on and after that date.

(2) Sections 7, 8, 11 to 22, 25 and 30 to 38 come into force by regulation of the Lieutenant Governor in Council.

(3) Sections 9 and 10 are deemed to have come into force on September 1, 2001 and are retroactive to the extent necessary to give them effect on and after that date.

(4) Section 1 is deemed to have come into force on March 31, 2002 and is retroactive to the extent necessary to give it effect on and after that date.