BILL 8 – 2002
DEREGULATION 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:

 
Assessment Act

1 Section 3 of the Supplement to the Assessment Act, R.S.B.C. 1996, c. 20, is repealed.

 
Community Regulation Act

2 The Community Regulation Act, R.S.B.C. 1960, c. 66, is repealed.

 
Cultural Foundation of British Columbia Act

3 The Cultural Foundation of British Columbia Act, R.S.B.C. 1996, c. 90, is repealed.

 
Curfew Act

4 The Curfew Act, R.S.B.C. 1996, c. 91, is repealed.

 
Debtor Assistance Act

5 Section 7 (3) of the Debtor Assistance Act, R.S.B.C. 1996, c. 93, is repealed.

 
Dike Maintenance Act

6 Section 2 (3) (d) and (e) of the Dike Maintenance Act, R.S.B.C. 1996, c. 95, is repealed.

 
Dogwood, Rhododendron and Trillium Protection Act

7 The Dogwood, Rhododendron and Trillium Protection Act, R.S.B.C. 1996, c. 100, is repealed.

 
Drainage, Ditch and Dike Act

8 Part 1 of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is repealed.

9 Forms A to H of the Schedule are repealed.

 
Financial Institutions Act

10 Section 61 (4) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is repealed and the following substituted:

(4) On an amalgamation under section 26 of this Act, the amalgamated financial institution must, within 30 days after the date of amalgamation, file with the commission an application in the prescribed form for a business authorization.

(4.1) On the issue of a certificate of amalgamation under section 20 (7) (b) of the Credit Union Incorporation Act, the commission must issue the appropriate business authorization for which the credit union would qualify under this Part.

11 Section 166 is repealed and the following substituted:

Amalgamation of extraprovincial corporations

166 (1) If an extraprovincial corporation authorized under this Part to carry on business in British Columbia amalgamates with one or more extraprovincial corporations, all of which are authorized under this Part to carry on the same kind of business in British Columbia as the first extraprovincial corporation, it must file with the commission

(a) the written consent to the amalgamation from the appropriate official of the corporation's primary jurisdiction, and

(b) any other documents or information required by the superintendent,

and the commission must issue the appropriate business authorization for which the amalgamated extraprovincial corporation would qualify under this Part.

(2) An amalgamated corporation referred to in subsection (1) may carry on business, as directed by the commission, under the existing business authorization issued with respect to one of the amalgamating corporations until the commission has issued the amalgamated corporation a new business authorization under subsection (1).

(3) If an extraprovincial corporation authorized under this Part to carry on business in British Columbia amalgamates with one or more extraprovincial corporations, one or more of which are not authorized under this Part to carry on the same kind of business in British Columbia as the first extraprovincial corporation, it must file with the commission

(a) the written consent to the amalgamation from the appropriate official of the corporation's primary jurisdiction, and

(b) any other documents or information required by the superintendent.

(4) On receipt of the written consent, documents and information required under subsection (3), the commission may

(a) issue, subject to first receiving the consent of the minister, the appropriate business authorization for which the amalgamated extraprovincial corporation would qualify under this Part, or

(b) direct the amalgamated corporation referred to in subsection (3) to apply for a business authorization.

(5) The minister must not consent to the issue of a business authorization under subsection (4) (a) if the minister believes, on reasonable grounds, that it would be contrary to the public interest for any person owning 10% or more of voting shares in the amalgamated corporation or any of the amalgamating corporation's directors or senior officers to be in a position to control or influence a corporation that, in British Columbia, carries on

(a) trust business or deposit business, if the applicant is an extraprovincial trust corporation, or

(b) insurance business, if the applicant is an extraprovincial insurance corporation.

(6) An amalgamated corporation referred to in subsection (3) may continue to carry on business, as directed by the commission, under the existing business authorization issued with respect to one of the amalgamating corporations until a new business authorization has been

(a) issued to the amalgamated corporation by the commission, or

(b) refused by the commission.

(7) If the commission has refused an application from an extraprovincial corporation for a business authorization referred to in subsection (4) (b), the extraprovincial corporation may carry on business under its existing business authorization only to the extent permitted by section 249 (8) as it applies for the purposes of this Part.

 
Freedom of Information and Protection of Privacy Act

12 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 Act

13 The Supplement to the Health Act, R.S.B.C. 1996, c. 179, is repealed.

 
Income Tax Act

14 The Supplement to the Income Tax Act, R.S.B.C. 1996, c. 215, is repealed.

 
Library Foundation of British Columbia Act

15 The Library Foundation of British Columbia Act, R.S.B.C. 1996, c. 265, is repealed.

 
Livestock Act

16 Section 1 of the Livestock Act, R.S.B.C. 1996, c. 270, is amended by repealing the definitions of "artificial insemination", "artificial insemination centre", "licensed technician" and "operator".

17 Sections 12 to 18 are repealed.

18 Section 19 is amended by repealing subsection (1) (h) and (i).

19 Section 20 is amended by repealing subsection (2) (k) to (o).

 
Local Government Act

20 Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following definitions:

"officer assigned responsibility under section 198", when used in a provision that applies in relation to the City of Vancouver, includes the City Clerk under the Vancouver Charter;

"officer assigned responsibility under section 199", when used in a provision that applies in relation to the City of Vancouver, includes the City Treasurer under the Vancouver Charter; .

21 Section 205 (1) (a) is amended by striking out "municipal or regional district" and substituting "municipal, regional district or improvement district".

 
Ministry of Industry and Small Business Development Act

22 The Ministry of Industry and Small Business Development Act, R.S.B.C. 1996, c. 302, is repealed.

 
Ministry of International Trade, Science and Investment Act

23 The Ministry of International Trade, Science and Investment Act, R.S.B.C. 1996, c. 305, is repealed.

 
Municipalities Enabling and Validating Act (No. 3)

24 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:

Part 2 -- 2002

Confirmation of Vancouver officials authority

3 (1) All things done that would have been validly done had

(a) a reference in an enactment or other record to an officer assigned responsibility under section 198 of the Local Government Act included a reference to the City Clerk under the Vancouver Charter,

(b) a reference in an enactment or other record to a designated municipal officer or a designated local government officer included a reference to the City Clerk under the Vancouver Charter, and

(c) a reference in an enactment or other record to an officer assigned responsibility under section 199 of the Local Government Act included a reference to the City Treasurer under the Vancouver Charter,

are conclusively deemed to have been validly done.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

 
Name Act

25 Section 6 of the Name Act, R.S.B.C. 1996, c. 328, is repealed.

26 Section 7 (1) (d) is repealed.

27 Section 12 is repealed and the following substituted:

Publication of change of name

12 (1) Promptly after issuing a certificate of change of name under section 11, the director must publish

(a) the person's new and former names,

(b) the person's date of birth,

(c) the name of the municipality in which the person resides, and

(d) the effective date of the certificate.

(2) Publication under subsection (1) may be in any form accessible to qualified applicants as determined by the director, including electronic publication.

(3) Subsection (1) does not apply if

(a) the change of name is made for the sole purpose of changing the surname of a minor to the surname of the applicant, or

(b) in the opinion of the director, publication is not in the public interest.

28 Section 13 (5) is repealed and the following substituted:

(5) If the director has made a determination under section 12 (3) (b) not to publish a change of name and the director considers it in the public interest to do so, the director may refuse to issue a certificate under subsection (1) of this section or give information respecting the person's change of name.

 
Northern Development Act

29 The Northern Development Act, S.B.C. 1998, c. 17, is repealed.

 
Pawnbrokers Act

30 The Pawnbrokers Act, R.S.B.C. 1996, c. 350, is repealed.

 
Premier's Advisory Council for Persons with Disabilities Act

31 The Premier's Advisory Council for Persons with Disabilities Act, R.S.B.C. 1996, c. 371, is repealed.

 
Public Service Bonding Act

32 The Public Service Bonding Act, R.S.B.C. 1996, c. 387, is repealed.

 
Social Service Tax Act

33 The Supplement to the Social Service Tax Act, R.S.B.C. 1996, c. 431, is repealed.

 
Special Enterprise Zone and Tax Relief Act

34 The Special Enterprise Zone and Tax Relief Act, R.S.B.C. 1996, c. 438, is repealed.

35 The Supplement to the Special Enterprise Zone and Tax Relief Act is repealed.

 
Tobacco Fee Act

36 The Tobacco Fee Act, S.B.C. 1998, c. 46, is repealed.

 
Trade and Convention Centre Act

37 The Trade and Convention Centre Act, R.S.B.C. 1996, c. 455, is repealed.

 
Universities Real Estate Development Corporation Act

38 The Universities Real Estate Development Corporation Act, S.B.C. 1965, c. 55, is repealed.

 
University Endowment Land Park Act

39 The University Endowment Land Park Act, R.S.B.C. 1996, c. 470, is repealed.

 
Wills Act

40 Section 36 (1) of the Wills Act, R.S.B.C. 1996, c. 489, is amended by striking out "on written application in the form prescribed by regulation," and substituting "on application in a form satisfactory to the Director of Vital Statistics,".

41 Section 38 (e) is repealed.

Transitional -- Cultural Foundation of British Columbia Act

42 (1) In this section, "Act" means the Cultural Foundation of British Columbia Act.

(2) Despite the repeal of the Act, the Minister of Community, Aboriginal and Women's Services is authorized, subject to section 11 (3) (b) of the Act, to distribute to the British Columbia Arts Council the funds and property held by the board of the Cultural Foundation of British Columbia on the date of repeal of the Act.

(3) This section is repealed on December 31, 2002.

Transitional -- Library Foundation of British Columbia Act

43 (1) In this section, "Act" means the Library Foundation of British Columbia Act.

(2) Despite the repeal of the Act, the Minister of Community, Aboriginal and Women's Services is authorized, subject to section 11 (3) (a) and (b) of the Act, to distribute to the Vancouver Public Library Board the funds and property held by the board of the Library Foundation of British Columbia on the date of repeal of the Act.

(3) This section is repealed on December 31, 2002.

Commencement

44 (1) Sections 1, 14, 16 to 19, 33 to 35 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.

(2) Sections 22 and 23 are deemed to have come into force on on April 1, 2002 and are retroactive to the extent necessary to give them effect on and after that date.

(3) Sections 25 to 28 come into force by regulation of the Lieutenant Governor in Council.