BILL 9 – 2024
MISCELLANEOUS STATUTES AMENDMENT ACT, 2024

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

Part 1 – Attorney General Amendments

Lobbyists Transparency Act

1 Section 3 (1) and (3) of the Lobbyists Transparency Act, S.B.C. 2001, c. 42, is amended by striking out "in the prescribed form and manner" and substituting "in the form and manner specified by the registrar".

2 Section 4 (1) is amended

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

(h) if the lobbyist works together with another lobbyist, a client of another lobbyist or another organization, for the purpose of lobbying, the name and business address of each of the other client or other organization that has a direct interest in the outcome of the lobbying activities; , and

(b) by repealing paragraph (i.1).

3 Section 4.01 (1) is amended by striking out "who has filed a registration return under section 3".

4 Section 4.1 is repealed and the following substituted:

Requirement to file monthly return

4.1 (1) Subject to section 4.4, the designated filer must file with the registrar a monthly return, in the form and manner specified by the registrar and containing the information required under section 4.2, no later than 15 days after the end of every month, beginning with the month in which the registration return under section 3 is filed.

(2) Only one monthly return need be filed under subsection (1) in respect of

(a) a consultant lobbyist for each undertaking, and

(b) an organization that has an in-house lobbyist,

even though a lobbyist named in the monthly return may, in connection with the undertaking or organization, carry on more than one lobbying activity.

(3) A designated filer need not file a monthly return under subsection (1) if no lobbying activity occurred in the applicable month and if no information specified in section 4.2 (2) (e) is required to be filed.

(4) Despite subsection (3), if no monthly returns have been filed for 5 consecutive months after the last monthly return was filed, a designated filer must file a monthly return under subsection (1) stating that the lobbyist named in the monthly return has not carried on lobbying activities in that period.

(5) If a designated filer has not filed a monthly return, if and as required under subsection (4), the registration of the lobbyist referred to in subsection (4) is terminated 30 days after the monthly return under subsection (4) was due.

5 Section 4.2 is amended

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

(ii) any information required under section 4 (1), other than the information described in section 4 (1) (i), that the designated filer acquired only after the return was filed; ,

(b) by repealing subsections (4) to (9),

(c) by repealing subsection (10) and substituting the following:

(10) Any information required under subsection (2) (e) must be supplied to the registrar in the form and manner specified by the registrar. , and

(d) by repealing subsection (11).

6 The following sections are added:

Requirement to file information about funding received

4.3 (1) In this section:

"3-month period" means a period that

(a) starts on the first day of the month immediately following the relevant month, and

(b) ends on the date that is 3 months after the date described in paragraph (a);

"relevant month" means

(a) in the case of a designated filer choosing to file one funding return for the full amount of funding received from any government, government agency or Provincial entity, as applicable,

(i) the month in which a client or organization has received the full amount of funding, or

(ii) if the funding is received in instalments, the month in which a client or organization has received the first instalment of funding, and

(b) in the case of a designated filer choosing to file one funding return for each instalment of funding from any government, government agency or Provincial entity, the month in which a client or organization has received an instalment of funding.

(2) A designated filer

(a) must, subject to section 4.4, file with the registrar a funding return, in the form and manner specified by the registrar, no later than 15 days after the end of a 3-month period, and

(b) may

(i) file one funding return for the full amount of funding, or

(ii) if the funding is received in instalments, file a funding return for each instalment.

(3) Each funding return under subsection (2) must include the following information in relation to funding by any government, government agency or Provincial entity:

(a) the name of the government, government agency or Provincial entity that has funded, in whole or in part, the client or organization in the relevant month;

(b) the amount of that funding.

When and how filing obligations end

4.4 (1) A consultant lobbyist must, within 30 days after the end of the month in which the consultant lobbyist terminated an undertaking for which the registration return was filed,

(a) inform the registrar of the termination of the undertaking,

(b) indicate the date on which that termination occurred, and

(c) file

(i) any monthly return that would otherwise have been required to be filed under section 4.1, and

(ii) any funding return that would otherwise have been required to be filed under section 4.3.

(2) The designated filer for an organization must, within 30 days after the end of the month in which the organization ceases to have any in-house lobbyist,

(a) inform the registrar of the cessation of the last in-house lobbyist,

(b) indicate the date on which that cessation occurred, and

(c) file

(i) any monthly return that would otherwise have been required to be filed under section 4.1, and

(ii) any funding return that would otherwise have been required to be filed under section 4.3.

(3) Any information required under subsection (1) or (2) must be supplied to the registrar in the form and manner specified by the registrar.

(4) The obligation to file a monthly return under section 4.1 and a funding return under section 4.3 ends when the final monthly return and the final funding return are filed under this section.

7 Section 7.91 is amended by striking out "section 33.1 (1) (c)" and substituting "section 33 (2) (e)".

8 Section 11 (2) is amended by repealing paragraphs (g.3), (g.7) and (g.10).

Motor Vehicle Act

9 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended in paragraph (d) of the definition of "emergency vehicle" by striking out ", while transporting a person in the lawful custody of a sheriff".

10 Section 123 is repealed and the following substituted:

Peace officer and sheriff direction

123 (1) In this section, "sheriff" means a sheriff who is discharging the sheriff's duties under the Sheriff Act.

(2) Despite anything in this Part, a peace officer or sheriff may direct traffic according to the peace officer's or sheriff's discretion if the peace officer or sheriff reasonably considers it necessary to do one or more of the following:

(a) ensure orderly movement of traffic;

(b) prevent injury or damage to persons or property;

(c) permit proper action in an emergency.

(3) A person must obey a direction, given under subsection (2), of a peace officer or sheriff.

Offence Act

11 The Offence Act, R.S.B.C. 1996, c. 338, is amended by adding the following section:

Application of provisions for violation ticket issued by treaty first nation

14.11 For certainty and without limitation, the following provisions of this Act do not apply in relation to a violation ticket issued under a treaty first nation law:

(a) section 13;

(b) section 14;

(c) section 14.01;

(d) section 14.1.

Part 2 – Ministry of Environment and Climate Change Strategy Amendments

Protected Areas of British Columbia Act

12 Schedule A of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by repealing the name of Cardiff Mountain Ecological Reserve and substituting the following:

TŜI ɁEẐƗSH ECOLOGICAL RESERVE .

13 Schedule A is amended by adding the following description:

KLANAWA RIVER ECOLOGICAL RESERVE

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Barclay District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 14 Tube 2015.

The whole ecological reserve containing approximately 100 hectares.

14 Schedule B is amended by striking out "Klanawa River Ecological Reserve, established by Order in Council 592/96".

15 Schedule C is amended

(a) in the description of Carp Lake Park by striking out "(4)" and substituting "and (4)" and by striking out "and (5) the McLeod Lake Treaty 8 Adhesion Lands",

(b) by repealing the description of Echo Bay Marine Park and substituting the following:

ECHO BAY MARINE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 1, Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 2027.

The whole park containing approximately 0.9 hectares (0.4 hectares of upland and 0.5 hectares of foreshore). ,

(c) by repealing the description of Kikomun Creek Park and substituting the following:

KIKOMUN CREEK PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kootenay District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 2 Tube 2027.

The whole park containing approximately 702 hectares. ,

(d) by repealing the description of Mount Pope Park and substituting the following:

MOUNT POPE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Range 5 Coast District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 3 Tube 2027.

The whole park containing approximately 2 037 hectares. ,

(e) by repealing the description of Muncho Lake Park and substituting the following:

MUNCHO LAKE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Peace River District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 2019; except the land subject to the quarry reserve held by Ministry of Transportation, as shown on Crown Land File 8002605.

The whole park containing approximately 85 917 hectares. ,

(f) by repealing the description of Nancy Greene Park and substituting the following:

NANCY GREENE PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Kootenay District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 4 Tube 2027.

The whole park containing approximately 196 hectares. ,

(g) in the description of Plumper Cove Marine Park by striking out "except Lease 232808 "Shelter Island Estates" (log hauling site) Land and Water British Columbia Inc. File No. 0190086" and substituting "except Crown Land File 2412391 and Crown Land File 0190086", and

(h) in the description of Valhalla Park by striking out "Plan 4 Tube 2024" and substituting "Plan 7 Tube 2027" and by striking out "50 159 hectares" and substituting "50 189 hectares".

16 Schedule C is amended by repealing the description of Tribune Bay Park and substituting the following:

TRIBUNE BAY PARK

All those parcels or tracts of Crown Land, together with all that foreshore or land covered by water, situated in Nanaimo District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 8 Tube 2025.

The whole park containing approximately 105 hectares (79 hectares of upland and 26 hectares of foreshore).

17 Schedule D is amended

(a) in the description of Edge Hills Park by striking out "except (1) Mineral Claim "Stag 2" 208889; (2) Placer Claim "Timer 3" 838199; and (3) Placer Claim "Happy2" 1024809" and substituting "except (1) Mineral Claim "Stag 2" 208889; and (2) Placer Claim "Happy2" 1024809" and by striking out "11 855 hectares" and substituting "11 866 hectares",

(b) by repealing the description of Hitchie Creek Park and substituting the following:

HITCHIE CREEK PARK

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Barclay District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 11 Tube 1914.

The whole park containing approximately 235 hectares. , and

(c) in the description of Purcell Wilderness Conservancy Park by striking out "Plan 6 Tube 2019" and substituting "Plan 5 Tube 2027" and by striking out "201 913 hectares" and substituting "201 967 hectares".

18 Schedule E is amended

(a) in the description of Taku River/T'akú Téix' Conservancy by striking out "; (3) Mineral Claim 532180; and (4)" and substituting "; and (3)" and by striking out "80 465 hectares" and substituting "80 592 hectares",

(b) by adding the following descriptions:

TENH DZETLE CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Cassiar District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 1 Tube 2023.

The whole conservancy containing approximately 3 528 hectares.

TSAA NUNA CONSERVANCY

All those parcels or tracts of Crown land, together with all that foreshore or land covered by water, situated in Peace River District and contained within the described boundaries as shown on the Official Plan deposited in the Crown Land Registry as Plan 9 Tube 2022.

The whole conservancy containing approximately 5 306 hectares. , and

(c) in the description of Yaaguun Suu Conservancy by striking out "Plan 7 Tube 1990" and substituting "Plan 7 Tube 1990; except a 30 metre right of way centred on Yakoun Lake Forest Service Road 10922 01" and by striking out "7 970 hectares" and substituting "7 967 hectares".

Rescission of ecological reserve, conservancies and park

19 The following are rescinded:

(a) the establishment of Klanawa River Ecological Reserve by Order in Council 592/1996;

(b) the establishment of Mount Edziza Conservancy by Order in Council 200/2021, and the renaming of Mount Edziza Conservancy to Tenh Dzetle Conservancy by Order in Council 49/2022;

(c) the establishment of Tribune Bay Park by Order in Council 355/1983;

(d) the establishment of the Tsaa Nuna Conservancy by Order in Council 555/2020.

Part 3 – Ministry of Finance Amendments

Financial Institutions Act

20 The Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended in section 1 (1)

(a) by repealing the definition of "insurer" and substituting the following:

"insurer" means an entity carrying on insurance business, other than an entity that

(a) is either of the following:

(i) licensed under Division 2 of Part 6 as an insurance agent or insurance adjuster;

(ii) exempted from section 171 (2) by the regulations, and

(b) carries on insurance business only in the capacity of the entity as an insurance agent or insurance adjuster; , and

(b) by adding the following definition:

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act; .

21 Section 75 (f) is repealed and the following substituted:

(f) an entity that administers an insurance compensation plan designated by regulation for the purpose of section 66 (2), .

22 Section 92 is repealed and the following substituted:

Insurers and licensees to file policy forms

92 The superintendent may order an insurer, or a licensee as defined in section 168, to file a copy of any form that is

(a) specified or otherwise described in the order, and

(b) used or intended to be used by the insurer or the licensee in the insurer's or the licensee's insurance business.

23 Section 92.2 (2) is amended by adding "or the council, as applicable" after "the rules made by the Authority".

24 Section 127 is amended

(a) in subsection (1) by striking out "within 90 days" and substituting "within the prescribed period", and

(b) in subsection (1.1) by striking out "within 60 days" and substituting "within the prescribed period".

25 Section 163 is amended

(a) in subsection (1) by striking out "within 90 days" and substituting "within the prescribed period", and

(b) in subsection (2) by striking out "within 60 days" and substituting "within the prescribed period".

26 Section 174.1 (2), as enacted by section 31 of the Financial Institutions Amendment Act, 2019, S.B.C. 2019, c. 39, is amended by striking out "in British Columbia".

27 Section 201.1 (1) is amended

(a) in paragraph (d) (ii) by striking out "its",

(b) in paragraph (i) by striking out "insurance companies, insurance agents and insurance salespersons who" and substituting "insurance companies that", and

(c) by repealing paragraph (j) and substituting the following:

(j) respecting oversight by insurers of restricted insurance agent licensees; .

28 Section 218 (2) is repealed and the following substituted:

(2) Information or records described in subsection (1) may be disclosed

(a) for the purposes of administering this Act or the regulations,

(b) for the purposes of a prosecution, or

(c) if permitted by another provision of this Act or a provision of the regulations.

29 The following section is added to Division 1.2 of Part 7:

Collecting personal information

219.2 A form established by the superintendent for the purpose of a personal information return under this Act may require the disclosure of personal information by a person who completes and submits a personal information return under this Act.

30 Section 220 is amended by adding the following subsections:

(4.1) A voting member of the council whose term of office has expired may continue to hold office until a successor is appointed.

(4.2) Despite subsection (5), a voting member who continues to hold office under subsection (4.1) may be a voting member for more than 6 years.

(4.3) A voting member appointed under subsection (3) (a), (b), (c), (d) or (e) does not cease to hold office as a voting member only because the member no longer meets the requirements of that subsection.

(10) An act of the council is not invalid because of a defect that is subsequently discovered in the appointment of a member.

31 Section 221 (1) is repealed and the following substituted:

(1) If a voting member is unable to attend personally any meeting of the council, the chair of the council may nominate a non-voting member who is of the same representative character as the voting member to attend the meeting in place of the voting member.

32 Section 225.1 (2) (i.1), as enacted by section 60 of the Financial Institutions Amendment Act, 2019, is amended by striking out "and" at the end of subparagraph (iii), by adding ", and" at the end of subparagraph (iv) and by adding the following subparagraph:

(v) respecting oversight by restricted insurance agent licensees of their employees and agents; .

33 Section 225.1 (2) is amended by adding the following paragraph:

(k) for the purpose of section 92.2 (2), establishing requirements for insurance agents and insurance salespersons who issue, deliver or offer to undertake contracts of insurance through the use of electronic agents.

34 Section 227 (c) is amended by striking out "online".

35 Section 231 is amended by adding the following subsection:

(5) If a licensee or former licensee who is fined under subsection (1) (k) fails to pay the full amount of the fine by the date specified by the council, the council may file with the court a certified copy of the order imposing the fine and, on being filed, the order has the same force and effect and all proceedings may be taken on the certificate as if it were a judgment of the court.

36 Section 253.1 (9) is amended by striking out "its powers" and substituting "the superintendent's powers".

37 Section 276 (e) is amended by striking out "its supervision" and substituting "the superintendent's supervision".

38 Section 289 (3) is amended

(a) in paragraph (f.2) (ii) by striking out "its", and

(b) in paragraph (p.2) (ii) by striking out "an insurer or a person referred to in subparagraph (i)" and substituting "an insurer, a licensee as defined in section 168 or a person referred to in subparagraph (i)".

Mutual Fire Insurance Companies Act

39 The Mutual Fire Insurance Companies Act, R.S.B.C. 1960, c. 262, is amended in section 2 by repealing the definition of "Registrar" and substituting the following:

"Registrar" means the Registrar of Companies or a person authorized to perform the duties of the Registrar of Companies under the Business Corporations Act; .

40 Section 3 (d) is repealed and the following substituted:

(d) the name of the company, which shall be subject to approval by the Registrar and the BC Financial Services Authority and which shall contain all of the following words:

(i) "mutual";

(ii) either "insurance" or "assurance";

(iii) either "company" or "corporation"; .

41 The following section is added:

Change of company name

6.1 If a mutual fire insurance company seeks to adopt a new name,

(a) the new name shall be subject to approval by the Registrar and the BC Financial Services Authority, and

(b) the new name shall contain all of the following words:

(i) "mutual";

(ii) either "insurance" or "assurance";

(iii) either "company" or "corporation".

Part 4 – Ministry of Indigenous Relations and Reconciliation Amendments

Cannabis Control and Licensing Act

42 Section 1 of the Cannabis Control and Licensing Act, S.B.C. 2018, c. 29, is amended in the definition of "Indigenous nation"

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

(c) the shíshálh Nation Government District Council continued under the shíshálh Nation Self-Government Act (Canada); , and

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

(f) a prescribed Indigenous entity; .

Environmental Management Act

43 Section 91.1 of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by repealing paragraph (d) of the definition of "first nation government" and substituting the following:

(d) the council of the shíshálh Nation; .

Land Owner Transparency Act

44 Section 1 of the Land Owner Transparency Act, S.B.C. 2019, c. 23, is amended in the definition of "Indigenous nation" by repealing paragraphs (d) and (e) and substituting the following:

(d) the shíshálh Nation continued under the shíshálh Nation Self-Government Act (Canada);

(e) the shíshálh Nation Government District continued under the shíshálh Nation Self-Government Act (Canada); .

45 Section 6 (d) is repealed and the following substituted:

(d) shíshálh lands as defined in section 2 (1) of the shíshálh Nation Self-Government Act (Canada); .

Sechelt Indian Government District Enabling Act

46 The title of the Sechelt Indian Government District Enabling Act, R.S.B.C. 1996, c. 416, is repealed and the following substituted:

SHÍSHÁLH NATION GOVERNMENT DISTRICT ENABLING ACT .

47 Section 1 (1) is amended

(a) by repealing the definition of "District Council" and substituting the following:

"District Council" means the shíshálh Nation Government District Council continued under the shíshálh Nation Self-Government Act (Canada); ,

(b) by repealing the definitions of "Proclamation" and "referendum",

(c) by repealing the definition of "Sechelt Indian Government District", and

(d) by adding the following definition:

"shíshálh Nation Government District" means the shíshálh Nation Government District continued under the shíshálh Nation Self-Government Act (Canada).

48 Section 2 is repealed and the following substituted:

Status of District Council and establishment of Advisory Council

2 (1) The District Council is recognized as the governing body of the shíshálh Nation Government District.

(2) The Lieutenant Governor in Council must by regulation establish an Advisory Council to represent all the residents of the shíshálh Nation Government District.

49 Section 3 is amended by striking out "Sechelt Indian Band Self-Government Act (Canada)" and substituting "shíshálh Nation Self-Government Act (Canada)".

50 Section 5 is amended

(a) by striking out "a Proclamation has been issued and", and

(b) by striking out "Sechelt Indian Government District" in both places and substituting "shíshálh Nation Government District".

51 Section 6 is amended by striking out "Sechelt Indian Government District" and substituting "shíshálh Nation Government District".

52 Section 7 is repealed.

Sechelt Indian Government District Home Owner Grant Act

53 The title of the Sechelt Indian Government District Home Owner Grant Act, R.S.B.C. 1996, c. 417, is repealed and the following substituted:

SHÍSHÁLH NATION GOVERNMENT DISTRICT HOME OWNER GRANT ACT .

54 Section 1 is repealed and the following substituted:

Definition

1 In this Act, "district" means the shíshálh Nation Government District continued under section 17 of the shíshálh Nation Self-Government Act (Canada).

55 Section 2 (4) (b) is amended by striking out "Sechelt Indian Government District Enabling Act" and substituting "shíshálh Nation Government District Enabling Act".

Speculation and Vacancy Tax Act

56 Section 1 of the Speculation and Vacancy Tax Act, S.B.C. 2018, c. 46, is amended

(a) in the definition of "Indigenous nation" by repealing paragraphs (d) and (e) and substituting the following:

(d) the shíshálh Nation continued under the shíshálh Nation Self-Government Act (Canada);

(e) the shíshálh Nation Government District continued under the shíshálh Nation Self-Government Act (Canada); , and

(b) in the definition of "specified area" by repealing paragraph (n) (iv) and substituting the following:

(iv) shíshálh lands as defined in section 2 (1) of the shíshálh Nation Self-Government Act (Canada); .

Part 5 – Ministry of Labour Amendments

Labour Relations Code

57 Section 1 of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended

(a) in subsection (1) by repealing the definition of "person" and substituting the following:

"person" includes an employee, employer, employers' organization, trade union and council of trade unions, but does not include, except for the purposes set out in subsection (3), a person in respect of whom collective bargaining is regulated by the Canada Labour Code; ,

(b) in subsection (1) by repealing paragraph (b) of the definition of "strike" and substituting the following:

(b) a cessation, refusal, omission or act of an employee that occurs as a direct result of, and for no other reason than,

(i) picketing permitted under this Code, or

(ii) picketing conducted by employees in respect of whom collective bargaining is regulated by the laws of Canada or another province who are locked out or on strike, , and

(c) by adding the following subsection:

(3) For the purposes of paragraph (b) (ii) of the definition of "strike" in subsection (1), the definitions in subsection (1) are to be read as though the definition of "person" did not exclude a person in respect of whom collective bargaining is regulated by the Canada Labour Code.

Part 6 – Ministry of Post-Secondary Education and Future Skills Amendments

Chartered Professional Accountants Act

58 Section 3 of the Chartered Professional Accountants Act, S.B.C. 2015, c. 1, is amended by repealing paragraph (e) and substituting the following:

(e) subject to paragraph (f), to represent the interests of members and students;

(f) to protect the public interest.

59 The following heading is added before section 29:

Part 2.1 – Ministerial Powers .

60 The following sections are added:

Guidelines established by minister

29.1 (1) The minister may establish guidelines relating to any or all of the objects of the CPABC set out in section 3.

(2) The CPABC must consider all relevant guidelines established under subsection (1) in exercising its powers or performing its duties under the Act.

(3) The minister must make accessible to the public guidelines established under subsection (1).

Directives issued by minister

29.2 (1) The minister may issue directives relating to any or all of the objects of the CPABC set out in section 3.

(2) A directive issued under subsection (1) takes effect immediately or on a later date specified in the directive.

(3) A directive issued under subsection (1) may require that a work, act, matter or thing be performed or completed within a specified period.

(4) The minister may extend the period specified in subsection (3).

(5) The CPABC must comply with a directive issued to it under subsection (1).

(6) If the CPABC does not comply with a directive issued under subsection (1), the minister may post a public notice of that non-compliance.

(7) The minister must make accessible to the public directives issued under subsection (1).

Provision of information to minister

29.3 (1) The minister may request the CPABC to provide to the minister information relating to any or all of the CPABC's objects set out in section 3.

(2) A request made under subsection (1) may require that the information be provided within a specified period.

(3) The minister may extend the period specified in subsection (2).

(4) The CPABC must comply with a request made to it under subsection (1).

(5) If the CPABC does not comply with a request made to it under subsection (1), the minister may post a public notice of that non-compliance.

Part 7 – Ministry of Public Safety and Solicitor General Amendments

Motor Vehicle Act

61 Section 20 (5) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding ", unless otherwise determined by the Insurance Corporation of British Columbia" after "is less than $5".

62 Section 26.1 (2.2) and (2.3) is amended by adding "and with or without a hearing or refunding the fees for the licence," after "with notice,".

63 Section 40 is amended

(a) in subsection (3) by adding ", unless otherwise determined by the Insurance Corporation of British Columbia" after "is less than $5", and

(b) by adding the following subsection:

(4) The amount of a refund made under this section must be rounded to the nearest dollar and a refund ending in 50¢ must be raised to the next highest dollar.

64 Section 94.1 (1) is amended

(a) in paragraph (c) (ii) by striking out "or", and

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

(d) if the person holds a document issued in another jurisdiction that allows the person to operate a motor vehicle, and the circumstances described in subsection (1) (a) apply by reason of an analysis of the breath of a person, or the circumstances described in subsection (1) (b) apply,

(i) take possession of the person's document if the person has it in the person's possession, and

(ii) serve on the person a notice of driving prohibition,

(e) if the person holds a document issued in another jurisdiction that allows the person to operate a motor vehicle, and the circumstances described in subsection (1) (a) apply by reason of an analysis of the blood of a person, or the circumstances described in subsection (1) (a.1), (a.2) or (a.3) apply, serve on the person a notice of driving prohibition, or

(f) if the person does not hold a valid licence or permit, or document issued in another jurisdiction that allows the person to operate a motor vehicle, serve on the person a notice of driving prohibition.

65 Section 94.2 (3) (b) is amended by striking out "section 94.1 (1) (d)" and substituting "section 94.1 (1) (e) or (f)".

66 Section 94.3 (a) is amended by adding the following subparagraph:

(i.1) the person's document issued in another jurisdiction that allows the person to operate a motor vehicle, if the peace officer took the document into possession, .

67 Section 94.4 (3) is repealed and the following substituted:

(3) An applicant may attach to the application for review any statement or evidence that the applicant wishes the superintendent to consider and that meets the requirements of the regulations.

68 Section 94.5 (1) (a) is repealed and the following substituted:

(a) any relevant statements and evidence submitted to the superintendent that meet the requirements of the regulations, .

69 Section 210 (2.3), as amended by section 31 (c) of the Motor Vehicle Amendment Act (No. 2), 2023, S.B.C. 2023, c. 35 is amended by adding ", (m)" after "(2) (i), (k)".

70 Section 210 (3.1) is amended by adding the following paragraph:

(v) for the purposes of sections 94.4 (3) and 94.5 (1) (a),

(i) establishing requirements for statements and evidence, and classes of statements and evidence, and their submission, and

(ii) respecting the circumstances in or reasons for which the superintendent is required to waive a requirement.

71 Section 214.41 (2) is amended by adding "driving or" after "person".

72 Section 255 (7) is repealed and the following substituted:

(7) If a motor vehicle impounded under section 215.46 or 251 (1) remains impounded after the expiration of the impoundment period referred to in section 253, the person who has custody of the motor vehicle may apply to the superintendent for approval to dispose of the motor vehicle by sale or otherwise.

(7.1) An application referred to in subsection (7) must be in the form, contain the information and be completed in the manner required by the superintendent.

(7.2) If the superintendent approves the disposal of a motor vehicle under subsection (7), the person who has custody of the motor vehicle must surrender to the superintendent any number plates, issued under this Act, from the motor vehicle.

73 Section 264 is repealed.

Consequential Amendments

Firearm Violence Prevention Act

74 Section 43 (a) and (b) of the Firearm Violence Prevention Act, S.B.C. 2021, c. 7, is amended by striking out "and the requirements for release under section 44 are met".

75 Section 44 is repealed.

76 Section 46 is repealed and the following substituted:

Power of person who has custody to dispose of motor vehicle

46 (1) If a motor vehicle remains impounded after the end of the impoundment period, the person who has custody of the motor vehicle may request that the minister approve disposal of the motor vehicle.

(2) If the minister approves the disposal of a motor vehicle referred to in subsection (1), the person who has custody of the motor vehicle must surrender to the Insurance Corporation of British Columbia any number plates, issued under the Motor Vehicle Act, from the motor vehicle.

77 Section 47 is amended by striking out "section 46 (g)" and substituting "section 46 (1)".

78 Section 48 is amended

(a) in subsection (1) by striking out "section 46 (g)" and substituting "section 46 (1)", and

(b) in subsection (2) (a) by striking out "filed a statutory declaration under section 46 (e) or" and substituting "obtained the minister's approval under section 46 (1) or".

79 Section 84 (1) is repealed.

Insurance (Vehicle) Amendment Act, 2021

80 Section 31 of the Insurance (Vehicle) Amendment Act, 2021, S.B.C. 2021, c. 23, is repealed.

Commencement

81 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:

Explanatory Notes

CLAUSE 1: [Lobbyists Transparency Act, section 3] provides that the registrar may specify the form and manner of registration returns.

CLAUSE 2: [Lobbyists Transparency Act, section 4]

• requires the reporting of information when lobbyists work together with others for the purposes of lobbying;
• repeals the requirement to report information about funding requested from any government, government agency or Provincial entity.

CLAUSE 3: [Lobbyists Transparency Act, section 4.01] provides that the designated filer must file clarifying information.

CLAUSE 4: [Lobbyists Transparency Act, section 4.1]

• includes filing obligations for monthly returns that were previously included in section 4.2;
• provides that the registrar may specify the form and manner of monthly returns.

CLAUSE 5: [Lobbyists Transparency Act, section 4.2] is consequential to amendments made by this Bill to the Act.

CLAUSE 6: [Lobbyists Transparency Act, sections 4.3 and 4.4]

• requires the filing of a funding return about funding received from any government, government agency or Provincial entity;
• if funding is received in instalments, provides designated filers with the option to file one funding return for the full amount or a funding return for each instalment of funding;
• sets out how and when filing obligations end for lobbyists.

CLAUSE 7: [Lobbyists Transparency Act, section 7.91] is a housekeeping amendment that updates a cross-reference.

CLAUSE 8: [Lobbyists Transparency Act, section 11] is consequential to amendments made by this Bill to the Act.

CLAUSE 9: [Motor Vehicle Act, section 1] removes a limitation on when a vehicle driven by a sheriff is an emergency vehicle for the purposes of the Act.

CLAUSE 10: [Motor Vehicle Act, section 123] gives to sheriffs the same authority to direct traffic that peace officers have.

CLAUSE 11: [Offence Act, section 14.11] provides certainty that certain provisions of the Act do not apply respecting violation tickets issued under treaty first nation laws.

CLAUSE 12: [Protected Areas of British Columbia Act, Schedule A] changes the name of Cardiff Mountain Ecological Reserve.

CLAUSE 13: [Protected Areas of British Columbia Act, Schedule A] enacts in Schedule A of the Act a description of an ecological reserve previously established as an ecological reserve by an order in council and referred to in Schedule B of the Act.

CLAUSE 14: [Protected Areas of British Columbia Act, Schedule B] removes the reference to the ecological reserve added by this Bill to Schedule A of the Act.

CLAUSE 15: [Protected Areas of British Columbia Act, Schedule C]

• amends the descriptions of Carp Lake Park and Plumper Cove Marine Park;
• repeals the metes and bounds descriptions of Echo Bay Marine Park, Kikomun Creek Park, Muncho Lake Park and Nancy Greene Park, and changes the size of the parks consequential to the amendments;
• amends the descriptions of Mount Pope Park and Valhalla Park and changes the size of the parks consequential to the amendments.

CLAUSE 16: [Protected Areas of British Columbia Act, Schedule C] amends the description and increases the size of Tribune Bay Park.

CLAUSE 17: [Protected Areas of British Columbia Act, Schedule D]

• amends the descriptions of Edge Hills Park and Purcell Wilderness Conservancy Park and changes the sizes consequential to the amendments;
• replaces the metes and bounds description of Hitchie Creek Park with an official plan description and changes the size of the park consequential to the amendments.

CLAUSE 18: [Protected Areas of British Columbia Act, Schedule E]

• amends the description of the Taku River/T'akú Téix' Conservancy and changes the size of the conservancy consequential to the amendment;
• enacts in Schedule E descriptions of the Tenh Dzetle Conservancy and the Tsaa Nuna Conservancy previously established as conservancies by orders in council;
• amends the description of Yaaguun Suu Conservancy and changes the size of the conservancy consequential to the amendment.

CLAUSE 19: [Rescission of ecological reserve, conservancies and park]

• rescinds the establishment by order in council of Klanawa River Ecological Reserve, the description of which is added by this Bill to Schedule A of the Protected Areas of British Columbia Act;
• rescinds the establishment by order in council of Tenh Dzetle Conservancy and Tsaa Nuna Conservancy, the descriptions of which are added by this Bill to Schedule E of the Protected Areas of British Columbia Act;
• rescinds the establishment by order in council of Tribune Bay Park, a revised description of which is substituted by this Bill in Schedule C of the Protected Areas of British Columbia Act.

CLAUSE 20: [Financial Institutions Act, section 1] amends the definition of "insurer" and adds a definition of "personal information".

CLAUSE 21: [Financial Institutions Act, section 75] makes an amendment consequential to the amendment by this Bill to the definition of "insurer" in section 1 of the Act.

CLAUSE 22: [Financial Institutions Act, section 92] makes an amendment consequential to the amendment by this Bill to the definition of "insurer" in section 1 of the Act.

CLAUSE 23: [Financial Institutions Act, section 92.2] adds a requirement that the sale of insurance through the use of an electronic agent meet the requirements established in rules made by the Insurance Council of British Columbia, as well as those established in rules made by the BC Financial Services Authority.

CLAUSE 24: [Financial Institutions Act, section 127]

• replaces the 90-day period for the filing of a return by a financial institution with a period to be prescribed by regulation;
• replaces the 60-day period for the filing of a return by an insurance company with a period to be prescribed by regulation.

CLAUSE 25: [Financial Institutions Act, section 163]

• replaces the 90-day period for the filing of a return by an extraprovincial corporation with a period to be prescribed by regulation;
• replaces the 60-day period for the filing of a return by an extraprovincial insurance corporation with a period to be prescribed by regulation.

CLAUSE 26: [Financial Institutions Act, section 174.1] allows the employees and agents of a licensee to sell insurance on behalf of the licensee, whether or not they are located British Columbia.

CLAUSE 27: [Financial Institutions Act, section 201.1]

• makes a housekeeping change;
• clarifies that the requirements the BC Financial Services Authority may establish for the sale of insurance through the use of an electronic agent apply to insurance companies only;
• allows the BC Financial Services Authority to make rules respecting the oversight by insurers of restricted insurance agent licensees.

CLAUSE 28: [Financial Institutions Act, section 218] removes the requirement that the consent of the BC Financial Services Authority or the superintendent be obtained before certain information is disclosed for the described purposes.

CLAUSE 29: [Financial Institutions Act, section 219.2] adds a provision allowing the collection of personal information in a form established for the purpose of a personal information return.

CLAUSE 30: [Financial Institutions Act, section 220] makes minor additions to the provision that describes the corporate governance framework of the Insurance Council of British Columbia.

CLAUSE 31: [Financial Institutions Act, section 221] allows the chair of the Insurance Council of British Columbia to nominate a non-voting member of the Council to attend a meeting of the Council in place of a voting member who is unable to attend the meeting.

CLAUSE 32: [Financial Institutions Act, section 225.1] allows the Insurance Council of British Columbia to make rules respecting the oversight by restricted insurance agent licensees of their employees and agents.

CLAUSE 33: [Financial Institutions Act, section 225.1] allows the Insurance Council of British Columbia to make rules establishing requirements for the sale of insurance through the use of electronic agents.

CLAUSE 34: [Financial Institutions Act, section 227] removes the requirement that the records published by the Insurance Council of British Columbia be published online.

CLAUSE 35: [Financial Institutions Act, section 231] allows the Insurance Council of British Columbia to enforce an order imposing a fine by filing a certified copy of the order with the court.

CLAUSE 36: [Financial Institutions Act, section 253.1] makes a housekeeping amendment.

CLAUSE 37: [Financial Institutions Act, section 276] makes a housekeeping amendment.

CLAUSE 38: [Financial Institutions Act, section 289]

• makes a housekeeping change;
• makes an amendment consequential to the amendment by this Bill to the definition of "insurer" in section 1 of the Act.

CLAUSE 39: [Mutual Fire Insurance Companies Act, section 2] makes a housekeeping amendment.

CLAUSE 40: [Mutual Fire Insurance Companies Act, section 3] removes the requirement for mutual fire insurance companies to have a name that contains the word "fire".

CLAUSE 41: [Mutual Fire Insurance Companies Act, section 6.1]

• requires a mutual fire insurance company that seeks to change its name to have its new name approved by the Registrar and the BC Financial Services Authority;
• requires the new name of a mutual fire insurance company to contain the specified words.

CLAUSE 42: [Cannabis Control and Licensing Act, section 1] amends the Act to refer to the shíshálh Nation by its traditional name and makes a housekeeping amendment.

CLAUSE 43: [Environmental Management Act, section 91.1] amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 44: [Land Owner Transparency Act, section 1] amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 45: [Land Owner Transparency Act, section 6] amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 46: [Sechelt Indian Government District Enabling Act, title] amends the title of the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 47: [Sechelt Indian Government District Enabling Act, section 1] amends the Act to refer to the shíshálh Nation by its traditional name and repeals a definition.

CLAUSE 48: [Sechelt Indian Government District Enabling Act, section 2]

• recognizes the shíshálh Nation Government District Council as the governing body of the shíshálh Nation Government District;
• amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 49: [Sechelt Indian Government District Enabling Act, section 3] amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 50: [Sechelt Indian Government District Enabling Act, section 5]

• makes amendments that are consequential to the amendment made by this Bill to the Act;
• amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 51: [Sechelt Indian Government District Enabling Act, section 6] amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 52: [Sechelt Indian Government District Enabling Act, section 7] repeals a provision.

CLAUSE 53: [Sechelt Indian Government District Home Owner Grant Act, title] amends the title of the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 54: [Sechelt Indian Government District Home Owner Grant Act, section 1] amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 55: [Sechelt Indian Government District Home Owner Grant Act, section 2] amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 56: [Speculation and Vacancy Tax Act, section 1] amends the Act to refer to the shíshálh Nation by its traditional name.

CLAUSE 57: [Labour Relations Code, section 1]

• amends the definition of "person";
• excludes certain conduct from the definition of "strike".

CLAUSE 58: [Chartered Professional Accountants Act, section 3] adds protection of the public interest to the CPABC's objects and makes one of the objects subject to this new object.

CLAUSE 59: [Chartered Professional Accountants Act, Part 2.1] adds a heading for a new Part.

CLAUSE 60: [Chartered Professional Accountants Act, sections 29.1, 29.2 and 29.3]

• adds authority for the minister to establish guidelines, issue directives and request information;
• establishes related timelines for compliance and consequences for non-compliance with directives and requests for information;
• requires the minister to publicize guidelines and directives.

CLAUSE 61: [Motor Vehicle Act, section 20] provides the Insurance Corporation of British Columbia discretion to allow refunds under $5.

CLAUSE 62: [Motor Vehicle Act, section 26.1] clarifies that the Insurance Corporation of British Columbia is not required to hold a hearing when cancelling a driver's licence.

CLAUSE 63: [Motor Vehicle Act, section 40] provides the Insurance Corporation of British Columbia discretion to allow refunds under $5.

CLAUSE 64: [Motor Vehicle Act, section 94.1] provides a peace officer with the authority to seize out of province driver's licenses when issuing administrative driving prohibitions.

CLAUSE 65: [Motor Vehicle Act, section 94.2] requires a peace officer to promptly submit a seized driver's licence to the Superintendent.

CLAUSE 66: [Motor Vehicle Act, section 94.3] is consequential to amendments made by this Bill to the Act.

CLAUSE 67: [Motor Vehicle Act, section 94.4] allows the applicant to provide any supporting statements and evidence that meet requirements in the regulations.

CLAUSE 68: [Motor Vehicle Act, section 94.5] is consequential to amendments made by this Bill to the Act.

CLAUSE 69: [Motor Vehicle Act, section 210] amends a not-in-force provision enacted by section 31 of the Motor Vehicle Amendment Act (No. 2), 2023, to add a paragraph reference.

CLAUSE 70: [Motor Vehicle Act, section 210] adds regulation-making power

• to establish requirements for statements and evidence and their submission, and
• to require the superintendent to waive a requirement respecting submissions in certain circumstances or for certain reasons.

CLAUSE 71: [Motor Vehicle Act, section 214.41] makes an amendment to ensure consistent use of language in Part 3.1 of the Act.

CLAUSE 72: [Motor Vehicle Act, section 255] provides the Superintendent with the authority to specify requirements to be met before a vehicle can be disposed of.

CLAUSE 73: [Motor Vehicle Act, section 264] repeals a provision that provides for the request and order for release of a motor vehicle after the impoundment period ends.

CLAUSE 74: [Firearms Violence Prevention Act, section 43] is consequential to amendments made by this Bill to the Act.

CLAUSE 75: [Firearms Violence Prevention Act, section 44] repeals a provision that provides for the request and order for release of a motor vehicle after the impoundment period ends.

CLAUSE 76: [Firearms Violence Prevention Act, section 46] allows a person to seek the Minister's approval to dispose of a vehicle.

CLAUSE 77: [Firearms Violence Prevention Act, section 47] is consequential to amendments made by this Bill to the Act.

CLAUSE 78: [Firearms Violence Prevention Act, section 48] is consequential to amendments made by this Bill to the Act.

CLAUSE 79: [Firearms Violence Prevention Act, section 84] is consequential to amendments made by this Bill to the Act.

CLAUSE 80: [Insurance (Vehicle) Amendment Act, 2021, section 31] repeals a not-in-force provision that amended sections 20 (5) and 40 (3) of the Motor Vehicle Act.