BILL 35 – 2002
DEREGULATION STATUTES AMENDMENT ACT (No. 2), 2002

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

 
Barbers Act

1 Section 5 (1) of the Barbers Act, R.S.B.C. 1996, c. 24, is repealed and the following substituted:

(1) The board is composed of 4 elected members who must be members of the association and Canadian citizens or permanent residents of Canada.

2 Section 11 is repealed.

3 Section 20 is repealed.

4 Section 21 (4) is repealed.

5 Section 22 is amended by striking out "Subject to the approval of the Lieutenant Governor in Council, the association," and substituting "The association,".

 
College and Institute Act

6 Section 19 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended

(a) in subsection (1) (d) by striking out ", but the bylaws do not come into force until approved in writing by the minister", and

(b) by repealing subsection (7).

7 Section 20 is repealed.

8 Section 24 (1) is amended by striking out ", with the prior approval of the minister,".

 
Cosmetologists Act

9 Section 4 (2) and (3) of the Cosmetologists Act, R.S.B.C. 1996, c. 178, is repealed and the following substituted:

(2) The board must consist of at least 3 and not more than 6 members, each of whom must be elected by the association.

(3) The members of the board must be elected by the association in the manner provided in the bylaws of the association.

10 Section 6 is amended

(a) in subsections (1) (c) and (3) by striking out "prescribed fee." and substituting "fee established by the bylaws of the association.", and

(b) in subsection (4) by striking out "The Lieutenant Governor in Council may prescribe a fee under this section" and substituting "The association may, by bylaw, establish a fee,".

11 Section 7 is amended

(a) in subsections (2) (c) and (4) by striking out "prescribed fee." and substituting "fee established by the bylaws of the association.",

(b) in subsection (5) by striking out "The Lieutenant Governor in Council may prescribe fees under this section" and substituting "The association may, by bylaw, establish fees,",

(c) in subsection (10) (a) by striking out "set by the Lieutenant Governor in Council, and" and substituting "established by the bylaws of the association, and", and

(d) in subsection (12) (a) (ii) by striking out "prescribed by the Lieutenant Governor in Council, and" and substituting "established by the bylaws of the association, and".

12 Section 8 is amended

(a) in subsection (2) (b) by striking out "prescribed by the Lieutenant Governor in Council, and" and substituting "established by the bylaws of the association, and", and

(b) in subsection (7) by striking out "prescribed by the Lieutenant Governor in Council." and substituting "established by the bylaws of the association."

13 Section 9 (2) (b) and (6) is amended by striking out "prescribed by the Lieutenant Governor in Council." and substituting "established by the bylaws of the association."

14 Section 15 is repealed.

15 Section 20 is repealed.

16 Section 21 (2) is amended by striking out "With the approval of the Lieutenant Governor in Council, the power" and substituting "The power".

17 Section 23 is amended

(a) by striking out "With the approval of the Lieutenant Governor in Council, the association may make regulations" and substituting "The association may make rules", and

(b) in paragraphs (a) and (b) by striking out "prescribing" and substituting "establishing".

 
Financial Information Act

18 Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out "British Columbia Health Research Foundation".

 
Financial Institutions Act

19 Section 141 (2) (a) (viii) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is repealed and the following substituted:

(viii) information services; .

20 Section 193 (1) (e) is repealed and the following substituted:

(e) a society

(i) that has the power to undertake to pay benefits or render services in the event of accident, sickness or disability or by way of pensions or annuities, and

(ii) that carries on its operations in a limited locality or whose membership is restricted to a certain class of persons; .

 
Forest Act

21 Section 8 of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding the following subsections:

(3.1) If, in respect of the allowable annual cut for a timber supply area or tree farm licence area, the chief forester considers that the allowable annual cut that was determined under subsection (1) is not likely to be changed significantly with a new determination, then, despite subsections (1) to (3), the chief forester

(a) by written order may postpone the next determination under subsection (1) to a date that is up to 10 years after the date of the relevant last determination, and

(b) must give written reasons for the postponement.

(3.2) If the chief forester, having made an order under subsection (3.1), considers that because of changed circumstances the allowable annual cut that was determined under subsection (1) for a timber supply area or tree farm licence area is likely to be changed significantly with a new determination, he or she

(a) by written order may rescind the order made under subsection (3.1) and set an earlier date for the next determination under subsection (1), and

(b) must give written reasons for setting the earlier date.

22 The following section is added:

Area-based allowable annual cut

151.3 (1) The Lieutenant Governor in Council may make regulations implementing a trial program under which allowable annual cut is determined under section 8 in whole or in part on the basis of the area from which timber is to be harvested.

(2) A regulation under this section

(a) must specify all or part of a timber supply area, tree farm licence area or woodlot licence area as an area to which the trial program applies, and

(b) may vary this Act, the regulations or a forest licence, timber sale licence, tree farm licence or woodlot licence as they apply, in relation to allowable annual cut, within

(i) a timber supply area or part of one,

(ii) a tree farm licence area or part of one, or

(iii) a woodlot licence area or part of one

that is specified under paragraph (a).

(3) The Lieutenant Governor in Council must not make a regulation under subsection (2) (b) varying a forest licence, timber sale licence, tree farm licence or woodlot licence unless the licensee has consented to the amendment.

(4) This section is repealed on February 1, 2007.

 
Forest Practices Code of British Columbia Act

23 Sections 13, 24, 28 (2) and 32 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, are repealed.

24 Section 22 (7) (c) is amended by striking out "required under section 24".

25 The following section is added:

Existing stand management prescriptions continued

24.1 A stand management prescription that is in effect immediately before the coming into force of this section remains in effect until the district manager notifies the holder of the stand management prescription that the forest practices required on the area under the prescription have been completed to the satisfaction of the district manager.

26 Section 33 is amended by striking out "28 to 32" and substituting "28 to 31".

27 Sections 40 (2), 41 (6), (6.1) and (7), 42 (3), 43 (2) and 72 are repealed.

28 Section 41 (7) (c), as re-enacted by section 79 (c) of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, is repealed.

29 Section 96 (1) is amended by striking out "or" at the end of paragraph (f) and by adding the following:

(f.1) by the regulations, in the course of carrying out silviculture treatments that are approved by the district manager or funded under the Forest Investment vote in the estimates of the ministry, or .

30 Section 143 (3) is amended by striking out "24 (2)" and "72 (2)".

 
Freedom of Information and Protection of Privacy Act

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

 
Health Research Foundation Act

32 The Health Research Foundation Act, R.S.B.C. 1996, c. 184, is repealed.

 
Home Owner Grant Act

33 Section 1 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended

(a) in the definition of "current year taxes" by striking out "unpaid real property taxes," and substituting "real property taxes,", and

(b) by adding the following definition:

"outstanding taxes" means real property taxes owing and includes any arrears, penalties, delinquent taxes and interest on them; .

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

(1) If the collector approves an application for a grant

(a) the collector must insert on the tax notice, in the manner prescribed, the amount of the grant and the amount of tax remaining due after deducting the grant from current year taxes, and

(b) the collector may refund to the owner the amount by which any payments made by the owner in respect of current year taxes exceed the amount of current year taxes net of the grant and the amount of outstanding taxes, if any.

35 Section 14 (1) is repealed.

 
Hospital Act

36 Part 3 of the Hospital Act, R.S.B.C. 1996, c. 200, is repealed.

 
Institute of Technology Act

37 Section 14 of the Institute of Technology Act, R.S.B.C. 1996, c. 225, is amended

(a) in subsection (2) (c) by striking out "subject to the approval of the minister,",

(b) in subsection (2) (l) by striking out "set, by bylaw with the prior approval of the minister," and substituting "by bylaw, set", and

(c) by repealing subsection (3).

38 Section 17 (1) is amended by striking out ", with the prior approval of the minister,".

 
Mineral Tax Act

39 Section 12 (1), (2) and (7) of the Mineral Tax Act, R.S.B.C. 1996, c. 291, is repealed and the following substituted:

(1) Each operator of a mine, other than a placer gold mine operator or a quarry operator, must, on or before the last day of the sixth month following the end of the fiscal year of the mine, deliver to the commissioner for that fiscal year of the mine, a return for the mine in the prescribed form and containing the prescribed information.

(2) Despite subsection (1), unless the commissioner issues a demand for the return, an operator of a particular mine, other than a placer gold mine operator or a quarry operator, is not required to deliver a return if

(a) the aggregate of the amounts determined under section 9 (1) (b) and (e) for all operators of the mine is less than $50 000 for the fiscal year of the mine and the operator who would, but for this section, be required to deliver the return in respect of the mine is an individual, or

(b) the particular mine was not in commercial operation and

(i) the operator was not engaged in any reclamation activities with respect to the mine at any time during the fiscal year of the mine, and

(ii) all of the mineral product derived from the mine and all of the assets used in the operation of the mine have been sold or otherwise disposed of.

(7) Each operator, other than a placer gold mine operator or a quarry operator, must, on or before the last day of the sixth month following the end of each fiscal year of the operator, deliver to the commissioner for that fiscal year of the operator, a return for the operator's exploration account in the prescribed form and containing the prescribed information.

 
Mineral Tenure Act

40 Section 8 (2) (a) of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is repealed and the following substituted:

(a) a person age 18 or over and ordinarily a resident of Canada for at least 183 days in each calendar year or authorized to work in Canada, .

41 Section 29 (a) is amended by striking out "prescribed form," and substituting "prescribed form and containing the prescribed information,".

42 Section 30 is amended by striking out "an additional year or".

43 Section 31 is amended by striking out "may have" and substituting ", subject to the regulations, may have".

44 Section 45 (3) is amended by striking out "made under section 65 (2) (f)".

45 Section 65 (2) is amended

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

(g) specifying the survey methods for the establishment of the area of a mining lease or placer lease and its boundaries, the preparation of the lease plan and the setting of lease provisions, and providing for the resolution of any matters in dispute respecting lease applications and development activities; , and

(b) by repealing paragraph (p) and substituting the following:

(p) prescribing exploration, development and assessment activities for the purposes of the definition of "exploration and development";

(q) specifying the method and reporting of exploration, development and assessment activities;

(r) specifying how and when particular exploration, development and assessment activities may be applied to a claim and specifying the amount of credit that may be allowed for any type of work done in respect of a claim;

(s) respecting portable credits for the purposes of section 31 and prohibiting any type of work credit from being applied to a portable credit account;

(t) requiring maps, receipts, invoices and other records and evidence to be produced for the purposes of applications and reports under the Act;

(u) prescribing forms for the purposes of the Act;

(v) any other matter for which regulations are contemplated by this Act.

 
Mines Act

46 Section 10 (10) of the Mines Act, R.S.B.C. 1996, c. 293, is repealed.

 
Motor Vehicle Act

47 Section 94.3 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(a) in paragraph (c) by striking out "in the prescribed form" and substituting ", in the form established by the superintendent,", and

(b) in paragraph (d) by striking out "in the prescribed form," and substituting "in the form established by the superintendent,".

48 Section 94.4 (1) (c) is amended by striking out "in the prescribed form".

49 Section 95 (4) (c) is amended by striking out "prescribed under section 210 (3.1) (b)" and substituting "established under section 94.3 (c)".

50 Section 104.1 (4) (a) is amended by striking out "in the prescribed form".

51 Sections 104.3 (4), 104.4 (2), 105.2 (4) and 105.3 (2) are amended by striking out "by registered or certified mail" and substituting "by mail".

52 Section 104.4 is amended

(a) in subsection (1) (c) (i) by striking out "in the prescribed form," and substituting "in the form established by the superintendent,",

(b) in subsection (3) by striking out "be in the prescribed form and must", and

(c) in subsection (3) (b) by striking out "prescribed".

53 Section 104.5 (6) (b) (i) is amended by striking out "in the prescribed form".

54 Section 105.1 (4) (a) is amended by striking out "in the prescribed form".

55 Section 105.3 is amended

(a) in subsection (1) (c) (i) by striking out "in the prescribed form," and substituting "in the form established by the superintendent,",

(b) in subsection (3) by striking out "be in the prescribed form and must", and

(c) in subsection (3) (b) by striking out "prescribed".

56 Section 105.4 (6) (b) (i) is amended by striking out "in the prescribed form".

57 Section 105.91 (4) is amended by adding ", 105.95" after "105.93".

58 The following section is added:

Early release of motor vehicle on grounds of economic hardship:
unlicensed drivers and prohibited drivers

105.95 (1) A person who

(a) is the owner of a motor vehicle impounded under section 104.1 or 105.1 or, if not the owner of the impounded motor vehicle, an authorized representative of the owner, and

(b) has a valid driver's licence and is not prohibited from driving,

may, within 30 days after the start of impoundment of the motor vehicle, apply to the superintendent under subsection (2) for the release of the motor vehicle.

(2) The applicant must

(a) apply in a form acceptable to the superintendent,

(b) provide the superintendent with any information the superintendent may reasonably require,

(c) pay to the superintendent the prescribed application fee, and

(d) establish, to the satisfaction of the superintendent, that the owner is eligible for early release of the motor vehicle on the grounds that

(i) the motor vehicle is used in an active sole proprietorship, partnership or company,

(ii) the sole proprietorship, partnership or company has a reasonable prospect for generating income that is dependent on the impounded vehicle, and

(iii) the prospective income dependent on the impounded vehicle represents a substantial amount of the anticipated income to be earned by the sole proprietorship, partnership or company during the period of impoundment, or otherwise imposes an economic hardship on the sole proprietorship, partnership or company.

(3) If the superintendent is satisfied, with respect to an application, that the grounds set out in subsection (2) (d) have been established, the superintendent may, subject to the lien described in sections 104.5 (2) and 105.4 (2),

(a) with the consent of the owner of the motor vehicle, and

(b) on receiving payment of the prescribed impound release fee,

order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the applicant.

(4) If a motor vehicle has been released under this section during the course of an impoundment that occurred in respect of a particular period for which

(a) the person referred to in section 104.1 (1) failed to hold a subsisting driver's licence issued under this Act, or

(b) the person referred to in section 105.1 (1) was prohibited from driving a motor vehicle,

no further application for the release of the motor vehicle may be made under this section with respect to an impoundment that occurred in respect of that same period.

59 Section 118.92 (e) is repealed.

60 Section 210 (3.1) is amended

(a) by repealing paragraphs (b), (c), (e), (f), (i), (k) and (l), and

(b) by adding the following paragraphs:

(p) prescribing the application fee for the purpose of section 105.95 (2) (c);

(q) prescribing the impound release fee for the purpose of section 105.95 (3) (b).

61 Sections 11 to 13 and 46 (a) of the Supplement to the Motor Vehicle Act are repealed.

 
Perpetuity Act

62 Section 4 (e) and (f) of the Perpetuity Act, R.S.B.C. 1996, c. 358, is repealed.

 
Petroleum and Natural Gas Act

63 Section 2 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed and the following substituted:

Forms

2 The director may establish forms to be used for the purposes of this Act.

64 Section 74 (1) (b) is amended by striking out "the minister." and substituting "the director."

 
Property Transfer Tax Act

65 Section 14 (4) (e) and (f) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is repealed.

 
Social Service Tax Act

66 Section 129 (g) and (h) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is repealed.

 
Society Act

67 The Society Act, R.S.B.C. 1996, c. 433, is amended by adding the following section:

Consent by Superintendent of Financial Institutions

14.1 Despite section 14, if a society is exempt, and continues to be exempt, from the requirement to obtain a business authorization under the Financial Institutions Act, the Superintendent of Financial Institutions must consent to the following:

(a) the adoption by the society of a purpose under section 14 (1);

(b) a change in the purposes of the society under section 20;

(c) a change in the bylaws of the society under section 23.

 
Vital Statistics Act

68 Section 3 (3) of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended by striking out "subsection (1) (b), (c) or (d)," and substituting "subsection (1) (c) or (d),".

 
Transitionals -- Health Research Foundation Act and Hospital Act

Definitions

69 In sections 70 to 75 of this Act:

"hospital" means

(a) a hospital as defined in section 1 of the Hospital Act, and

(b) a society whose purpose includes raising financial support for conferring a benefit on a hospital referred to in paragraph (a);

"Hospitals Foundation" means the Hospitals Foundation of British Columbia;

"instrument" includes any commercial paper, contract, lease, licence, permit, will, trust instrument or other document;

"Research Foundation" means the British Columbia Health Research Foundation;

"Smith Foundation" means the Michael Smith Foundation for Health Research.

Transitional -- Health Research Foundation Act

70 (1) On the repeal of the Health Research Foundation Act,

(a) the Research Foundation and the scientific advisory committee are dissolved,

(b) the appointment of each member of the board of directors is rescinded,

(c) the appointment of each member of the scientific advisory committee is rescinded,

(d) all of the rights, property and assets of the Research Foundation are transferred to and vested in the Smith Foundation, and

(e) the Smith Foundation assumes all obligations and liabilities of the Research Foundation.

(2) On or after the date on which the Health Research Foundation Act is repealed, a reference to the Research Foundation in an instrument is deemed to be a reference to the Smith Foundation.

(3) A gift by inter vivos or testamentary act does not fail only because of the dissolution of the Research Foundation and the transfer of its rights, property and assets to the Smith Foundation by this Act.

(4) If rights, property or assets transferred under subsection (1) (d) arose from a gift, devise or bequest to the Research Foundation, the Smith Foundation is subject to any conditions in the gift, devise or bequest to the same extent as the Research Foundation.

No tax on transfer -- Health Research Foundation Act

71 No tax is payable under the Property Transfer Tax Act or the Social Service Tax Act by the Research Foundation or the Smith Foundation in respect of a transfer or vesting under section 70.

Section 16 does not apply

72 Section 16 of the Health Research Foundation Act does not apply to the fiscal year ending March 31, 2002 or any following fiscal year.

Transitional -- Hospital Act

73 (1) On the repeal of Part 3 of the Hospital Act,

(a) the Hospitals Foundation is dissolved,

(b) the appointment of each member of the board is rescinded,

(c) all capital transferred to the Hospitals Foundation under section 29 (3) of the Hospital Act and any income accrued in respect of that capital is transferred to and vested in the hospital from which the capital was received,

(d) all of the rights, property and assets of the Hospitals Foundation that arose from a gift, devise, bequest or trust for the benefit of a hospital, except the capital and income referred to in paragraph (c), are transferred to and vested in the hospital, and

(e) the government assumes all obligations and liabilities of the Hospitals Foundation.

(2) On or after the date on which Part 3 of the Hospital Act is repealed, a reference to the Hospitals Foundation in an instrument is

(a) if the instrument provides for a gift, devise, bequest or distribution of rights, property or assets to the Hospitals Foundation for the benefit of a hospital, deemed to be a reference to the hospital, and

(b) if the instrument is in respect of an obligation or liability assumed by the government, deemed to be a reference to the government.

(3) A gift by inter vivos or testamentary act does not fail only because of the dissolution of the Hospitals Foundation and the transfer of its rights, property and assets by this Act.

(4) If rights, property or assets transferred under subsection (1) (c) or (d) arose from a gift, devise, bequest or trust, the transferee is subject to any conditions in the gift, devise, bequest or trust to the same extent as the Hospitals Foundation.

No tax on transfer -- Hospital Act

74 No tax is payable under the Property Transfer Tax Act or the Social Service Tax Act by the Hospitals Foundation or a transferee in respect of a transfer or vesting under section 73.

Appropriation

75 Money required to be paid out in respect of obligations and liabilities of the Hospitals Foundation assumed by the government under section 73 (1) (e) may be paid out of the consolidated revenue fund.

Commencement

76 (1) Sections 1 to 5, 9 to 18, 31 to 36, 58, 60 (b), 62, 65, 66, 69 to 71 and 73 to 75 come into force by regulation of the Lieutenant Governor in Council.

(2) Sections 6, 7 and 37 are deemed to have come into force on March 31, 2002 and are retroactive to the extent necessary to give them effect on and after that date.

(3) Section 20 is deemed to have come into force on September 15, 1990 and is retroactive to the extent necessary to give it effect on and after that date.

(4) Section 39 is deemed to have come into force on January 1, 2001 and is retroactive to the extent necessary to give it effect on and after that date.