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c) Queen's Printer,

Victoria, British Columbia, Canada

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1998/99 Legislative Session: 3rd Session, 36th Parliament

FOR REPORT

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 15th day

of July, 1999

E. George MacMinn, Q.C., Law Clerk

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR

MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 97 – 1999

MISCELLANEOUS STATUTES AMENDMENT

ACT (No. 3), 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Attorney General Act

Section 3 (2) of the Attorney General Act, R.S.B.C. 1996, c. 22, is

repealed and the following substituted:

(2) A public body designated by the Attorney General must comply

with all requirements and standards established by the Attorney General for that public

body in respect of the following:

(

a) retaining, contracting with or employing persons to provide

legal services;

(

b) reports on and audits of those legal services.

College and Institute Act

Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is

amended

(

a) by repealing the definition of "representative group" and

substituting the following:

"representative group" means

(

a) a bargaining agent, as defined in

section 1 of the Labour

Relations Code, for faculty members or for support staff, or

(

b) a student society or student organization for which fees are

collected under

section 19 or 21 of this Act; ,

(

b) by repealing the definition of "student association" , and

(

c) by adding the following definition:

"student society" means an organization

incorporated as a society under the Society Act whose purpose is to represent the

interests of the general student body, but does not include a provincial or national

student organization; .

Section 19 is amended by adding the following subsection:

(3.1) Without limiting subsection (3), the board has the power to

collect fees on behalf of a student organization and remit those fees to the student

organization.

Section 21 is repealed and the following substituted:

Student society fees

(1) Subject to subsection (2), on annual notice from a

student society, the board must direct the institution to collect student society fees and

remit them to the student society if

(

a) the institution collected fees on behalf of the student

society between June 1, 1998 and June 1, 1999, or

(

b) the student society has been designated by regulation and the

amount of the student society fees has been approved by a majority of the members of the

student society who voted in a referendum of that student society.

(2) If a student society referred to in subsection (1) (

a) or (

b) changes student society fees, the new amount or the rate of change must be approved,

before a notice is issued under subsection (1), by a majority of the members of the

student society who vote in a referendum of that student society.

(3) On annual notice from a student society, the board must direct

the institution to collect fees on behalf of a provincial or national student organization

and remit them to the student society or directly to the provincial or national student

organization, as may be agreed by the board and the student society, if

(

a) the institution collected fees on behalf of the provincial or

national student organization between June 1, 1998 and June 1, 1999, or

(

b) the student society has held a referendum and the majority of

the members of the student society voting in that referendum voted in favour of joining

the provincial or national student organization.

(4) The board may direct that the institution cease to collect or

remit student society fees to a student society if one of the following applies:

(

a) the student society fails to do one of the following in a

timely manner:

(

i) make available to its members annual audited financial

statements and a report on those financial statements by an auditor who meets the

requirements of

section 42 of the Society Act;

(ii) inform the board in writing that the requirements set out in

subparagraph (

i) have been met;

(

b) the student society is struck off the register in accordance

with

section 71 of the Society Act.

Section 68 is repealed and the following substituted:

Power to make regulations

68 The Lieutenant Governor in Council may make regulations

referred to in

section 41 of the

Interpretation Act, including regulations for the

purposes of

section 21 (1) (

b) of this Act.

Coroners Act

Section 9 of the Coroners Act, R.S.B.C. 1996, c. 72, is amended

(

a) by repealing subsection (1) (

g) and substituting the following:

(

g) in a correctional centre or penitentiary or a police prison or

lockup. ,

(

b) by repealing subsection (2) (a) (i),

(

c) in subsection (2) (a) (iii) by striking out "a facility or place

referred to in subparagraphs (

i) and (ii), or" and substituting "a

place referred to in subparagraph (ii), or" , and

(

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

(ii) committed to a correctional centre or penitentiary or a

police prison or lockup.

Section 10 is amended by striking out "death in a penitentiary or

of a death in the circumstances referred to in

section 9 (1) (

g) or (3)." and

substituting "death in a police prison or lockup or of a death in the

circumstances referred to in

section 9 (3)."

Section 15 (1) is amended by adding the following paragraph:

(

d) enter and inspect a cemetery or other place where a dead body

may have been interred and disinter or exhume the remains of that body.

Section 20 is amended

(

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

(1) If a death has occurred other than in a police prison or

lockup or under circumstances that require an inquest, instead of summoning a jury, the

coroner may make an inquiry into the death of the deceased as the coroner considers

proper. , and

(

b) by adding the following subsections:

(5) A person may apply to the chief coroner to have an inquiry

reopened on the grounds that new evidence has arisen or has been discovered after the

coroner's report is forwarded to the chief coroner under subsection (4).

(6) The chief coroner may direct that the coroner reconsider the

matter if the chief coroner considers that the evidence referred to in subsection (5)

(

a) is substantial and material to the inquiry, and

(

b) did not exist at the time of the inquiry or did exist at that

time but was not discovered and could not through the exercise of due diligence have been

discovered.

(7) For the purposes of reconsideration under subsection (6), the

coroner has the same jurisdiction, powers and duties that the coroner has in respect of

the inquiry.

Corporation Capital Tax Act

Section 3 of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, is amended

(

a) by repealing subsection (2) (

a) and substituting the following:

(

a) if the corporation has, at the end of the applicable taxation

year, net paid up capital of more than $1 billion, the tax imposed on and payable by the

corporation under subsection (1) for the taxation year is

(

i) in the case of a corporation that, at the end of the

applicable taxation year, is based in British Columbia and has its head office in British

Columbia, an amount equal to 1% of the net B.C. paid up capital of the corporation for

that taxation year, or

(ii) in any other case, an amount equal to 3% of the net B.C. paid

up capital of the corporation for that taxation year, or , and

(

b) by adding the following subsections:

(6) The Lieutenant Governor in Council may make regulations

(

a) defining when a corporation is considered to be based in

British Columbia, and

(

b) defining "head office"

for the purposes of subsection (2) (a) (i).

(7) A regulation made under subsection (6) may be made retroactive

to July 1, 1999 or such later date as the Lieutenant Governor in Council may determine,

and a regulation made retroactive is deemed to come into force on the date specified in

the regulation.

Expropriation Act

Section 40 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended

(

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

(1) Subject to

section 44, if part of the land of an owner is

expropriated, he or she is entitled to compensation for

(

a) the market value of the owner's estate or interest in the

expropriated land, and

(

b) the following if and to the extent they are directly

attributable to the taking or result from the construction or use of the works for which

the land is acquired:

(

i) the reduction in the market value of the remaining land;

(ii) reasonable personal and business losses. , and

(

b) in subsection (3) by striking out "the market value of the land

expropriated" and substituting "the amount of compensation payable

in respect of the matters referred to in subsection (1) (

a) and (b) (i)" .

Section 41 is amended by adding the following subsection:

(4) Without limiting any other provision of this section, the BC

Transportation Financing Authority has no greater liability to compensate an owner for

injurious affection than does the Minister of Transportation and Highways.

Section 44 is amended

(

a) in subsection (1) by adding "the expropriation or" before

"the construction or use" in both places, and

(

b) by adding the following subsection:

(1.1) If part of the land of an owner is expropriated, and the

expropriation or the construction or use of the works for which the expropriated land was

acquired are of any benefit to that owner, the estimated value of the benefit must be

deducted from the amount of compensation otherwise payable to that owner, under

section 40

(1) (b) (i), for the reduction in the market value of the remaining land, whether or not

any other owner is benefited by the expropriation of the expropriated land or by the

construction or use of the works.

Finance and Corporate Relations Statutes Amendment Act, 1998

Section 1 of the Finance and Corporate Relations Statutes Amendment Act, 1998,

S.B.C. 1998, c. 7, is amended in the part enacting the definition of "mortgage"

section 1 of the Mortgage Brokers Act by striking out "and 17.5"

and substituting "and 17.4" .

Section 10 is amended in that part enacting

section 15.2 of the Mortgage

Brokers Act by repealing paragraph (

a) and substituting the following:

(

a) a failure to provide a disclosure statement under

section 16,

17.3 or 17.4 or an information statement under

section 17.1, or .

Section 12 is repealed and the following substituted:

Section 16 (1), (3) and (7) is repealed and the following substituted:

(1) The responsible person must provide to the borrower in a

mortgage transaction, within the time prescribed in the regulation, a separate written

disclosure statement that

(

a) is in the prescribed form and has the prescribed content,

(

b) is designated as a disclosure statement, and

(

c) has been completed and signed by the responsible person.

(3) A borrower entitled under subsection (1) to receive a

disclosure statement is relieved of any obligation to enter into the mortgage and may

rescind the signed mortgage, if any, and any ancillary agreement with the mortgage broker

or lender in relation to the mortgage transaction, including but not limited to an agency

agreement with a mortgage broker, if the borrower, within 2 days after the date the

borrower receives the disclosure statement, delivers or mails to the responsible person

and, if the borrower has signed the mortgage, to the registrar of titles in whose office

the land comprised in the mortgage is registered, a notice that the borrower withdraws

from or rescinds the mortgage.

(3.1) A notice under subsection (3) is sufficiently given for the

purposes of that subsection if delivered to the responsible person or sent by mail

addressed to the responsible person at his or her place of business given in the

disclosure statement.

(3.2) On receipt of a notice under subsection (3), the responsible

person, if not also the lender or one of the lenders in the mortgage transaction, must

give the lender a copy of the notice, and the copy is sufficiently given to the lender if

delivered to the lender, or sent by mail addressed to the lender,

(

a) at the lender's place of business or at the place of business

of any of the lenders, if more than one, or

(

b) at another address given to the responsible person for the

lender or lenders, as the case may be.

(3.3) Subject to this section, a notice under subsection (3)

operates

(

a) to relieve the borrower from any obligation under, or to enter

into or proceed with,

(

i) the mortgage that is the subject of the notice, or

(ii) any ancillary agreement referred to in subsection (3), and

(

b) to rescind the mortgage and any ancillary agreement referred

to in subsection (3).

(7) If a borrower gives notice under subsection (3), the borrower

must

(

a) promptly repay to the lender the full amount, if any, actually

advanced on the mortgage,

(

b) within 10 days after receipt of a statement of expenses, if

any, reasonably and necessarily incurred by the lender, pay those expenses, and

(

c) within 10 days after receipt of a statement of expenses, if

any, reasonably and necessarily incurred by the mortgage broker, if a person other than

the lender, pay those expenses.

(7.1) For the purposes of subsection (7), any expense that is an

additional amount as defined in

section 15 is not an expense reasonably and necessarily

incurred.

Section 15 is amended by repealing Divisions 3 and 4 of

Part 2 of the Mortgage

Brokers Act as enacted by that

section and substituting the following:

Division 3 – Disclosure to Investors and Lenders

Prior disclosure

17.1

(1) A mortgage broker who

(

a) arranges a mortgage in which another person is to be the

mortgagee,

(

b) arranges the sale of a mortgagee's interest in a mortgage from

one person to another, or

(

c) sells the mortgage broker's own interest as mortgagee under a

mortgage to another person,

must provide to the other person a written information statement

that meets the requirements of subsection (3).

(2) A mortgage broker must provide the information statement under

subsection (1) to the other person

(

a) if the funds are paid into trust, on or before release of the

funds from trust at the direction of the other person, or

(

b) if the funds are not paid into trust, on or before the

advancement of funds by the other person.

(3) The information statement referred to in subsection (1) must

(

a) be in the prescribed form, include the prescribed contents and

be accompanied by any documents that are prescribed,

(

b) be dated and signed by the mortgage broker,

(

c) contain disclosure that is true, plain and not misleading of

the matters in the prescribed contents referred to in paragraph (a), and

(

d) have printed or stamped in conspicuous type on its first page

the following words:

"Neither the Registrar of Mortgage Brokers nor any other

authority of the government of the Province of British Columbia has in any way approved

the merits of the matters dealt with in this information statement. This information

statement has not been filed with the Registrar of Mortgage Brokers and the registrar has

not determined whether or not it complies with

Part 2 of the Mortgage Brokers Act ."

(4) Despite any applicable agreement, the person who in a

transaction referred to in subsection (1) is the intended mortgagee or purchaser of the

mortgage, as the case may be, is not obligated to advance funds under that transaction

unless the mortgage broker complies with subsections (1) and (2).

Retention and filing of information statements

17.2 A mortgage broker required to provide an information

statement under

section 17.1 must retain a copy of the information statement for a period

of at least 7 years.

Division 4 – Conflict of Interest

Conflict of interest – disclosure to borrowers for mortgages on

land in B.C.

17.3

(1) Every mortgage broker who acts in a mortgage

transaction in which there is an interest as described in subsection (2) (

a) must, within

the prescribed time, provide to every person who is a borrower under a mortgage in that

transaction a written disclosure statement that meets the requirements of subsection (2).

(2) The disclosure statement referred to in subsection (1) must

(

a) disclose any direct or indirect interest the mortgage broker

or any associate or related party of the mortgage broker has or may acquire in the

transaction,

(

b) include the prescribed contents and be accompanied by any

documents that are prescribed,

(

c) be dated and signed by the mortgage broker, and

(

d) contain disclosure that is true, plain and not misleading of

the matters in the prescribed contents referred to in paragraph (b).

Conflict of interest – disclosure to lenders for mortgages on

land in B.C. or elsewhere

17.4

(1) Every mortgage broker who acts in a mortgage

transaction in which there is an interest as described in subsection (2) (

a) must, within

the prescribed time, provide to every person who is a lender under a mortgage in that

transaction a written disclosure statement that meets the requirements of subsection (2).

(2) The disclosure statement referred to in subsection (1) must

(

a) disclose any direct or indirect interest the mortgage broker

or any associate or related party of the mortgage broker has or may acquire in the

transaction,

(

b) include the prescribed contents and be accompanied by any

documents that are prescribed,

(

c) be dated and signed by the mortgage broker, and

(

d) contain disclosure that is true, plain and not misleading of

the matters in the prescribed contents referred to in paragraph (b).

Retention and filing of disclosure statements

17.5 A mortgage broker required to provide a disclosure

statement under

section 17.3 or 17.4 must retain a copy of the disclosure statement for a

period of at least 7 years.

Section 17 (

a) is amended in that part re-enacting

section 22 (1) of the

Mortgage Brokers Act by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) contravenes

section 6 (7.5), 14 (1) or (2), 16 (1), 17.1

(1) or (2), 17.3 (1), 17.4 (1) or 21 (1) (

a) or (d),

(

b) contravenes

section 15.1 (2) or (3), 16 (3.2), 16.1, 17.2,

17.5 or 21 (1) (

b) or (

c) or (2), .

Section 18 (

b) is amended in that part enacting

section 23 (2) of the Mortgage

Brokers Act by repealing paragraphs (

h) and (h.1) and substituting the following:

(

h) prescribing the form and content of disclosure statements

under sections 16, 17.3 and 17.4, notices under

section 16, and information statements

under

section 17.1;

(h.1) prescribing the time within which disclosure statements

under sections 16, 17.3 and 17.4 must be provided; .

Forest Renewal Act

Section 11 (6) of the Forest Renewal Act, R.S.B.C. 1996, c. 160, is repealed

and the following substituted:

(6) For the purpose of subsection (4), the amount to be paid out

of the consolidated revenue fund for each fiscal year of the government is to be

(

a) reduced by an amount prescribed by Treasury Board, not

exceeding $50 million, if the sum of the quarterly amounts calculated under subsection

(4) for that fiscal year is at least equal to that prescribed amount, or

(

b) reduced to zero if the sum of those quarterly amounts is less

than the amount prescribed under paragraph (a).

Greater Vancouver Transportation Authority Act

Section 2 of the Greater Vancouver Transportation Authority Act, S.B.C. 1998,

c. 30, is amended by adding the following subsection:

(4) The authority may carry on business, and, without limiting

this, may enter into contracts or other arrangements, adopt bylaws, pass resolutions,

issue or execute any other record or sue or be sued under a name prescribed by regulation

of the Lieutenant Governor in Council, and any contract, bylaw, resolution or other

arrangement or record entered into, adopted, passed, issued or executed, as the case may

be, and any suit brought, by the authority under the prescribed name is as valid and

binding as it would be were it entered into, adopted, passed, issued, executed or brought

by the authority under its own name.

Housing Construction (Elderly Citizens) Act

22 The Housing Construction (Elderly Citizens) Act, R.S.B.C. 1996, c. 208,

is amended by adding the following section:

Restriction on use of land of non-profit corporation in receipt

of assistance

2.1

(1) This

section applies if the government has granted

financial assistance to a non-profit corporation under this Act.

(2) This

section applies whether the assistance was granted before

or after the coming into force of this section.

(3) If subsection (1) applies, the Lieutenant Governor in Council

may, by regulation, designate land with respect to which the financial assistance was

granted as an affordable housing development under

section 8.1 of the Ministry of

Lands, Parks and Housing Act and, on designation, that

section applies, the land is an

affordable housing development and there is deemed to be an affordable housing agreement

under that

section which contains

(

a) a restriction that the land must be used only for affordable

housing for elderly citizens of low income unless the minister consents to another use,

(

b) a provision that the non-profit corporation must not dispose

of the land without the consent of the minister, and

(

c) a provision that the amount payable to the government on

disposition of the land is 1/3 of the fair market value of the land and improvements at

the time of disposition.

(4) If the minister and a non-profit corporation do not agree

about the calculation of the amount referred to in subsection (3) (c), the minister or the

non-profit corporation may submit the matter to arbitration under the Commercial

Arbitration Act.

(5) If land is designated under this

section as an affordable

housing development, as a condition of giving consent to the disposition of the land or to

its use other than for affordable housing for elderly citizens the minister may require

that the non-profit corporation

(

a) pay to the government the amount payable under subsection (3)

(

c) or enter into a written agreement as to payment of that amount, or

(

b) pay to the government an amount, or enter into a written

agreement as to payment of and deferment of payment of the amount, to be determined by the

minister by representing the value of the government assistance that was provided to the

non-profit corporation as a percentage of the fair market value of the land and

improvements or part of the land and improvements for which the assistance was provided at

the time of the completion of the improvements and multiplying the fair market value of

that land and improvements at the time of disposition by that percentage.

(6) The minister must not give consent to a disposition unless

(

a) the non-profit corporation has paid the amount payable under

subsection (3) (c),

(

b) the non-profit corporation has entered into an agreement under

subsection (5) (b), or

(

c) all or part of the debt has been forgiven under the Financial

Administration Act.

(7) It is conclusively deemed for all purposes, including for the

purposes of the Expropriation Act, that land is not taken or injuriously affected

because of its designation by or under this Act as an affordable housing development.

Human Resource Facility Act

Section 2.1 (2) of the Human Resource Facility Act, R.S.B.C. 1996, c. 209, is

amended by adding "all or part of" after "restriction

that" .

Human Rights Code

Section 30 (1) of the Human Rights Code, R.S.B.C. 1996, c. 210, is amended by

striking out "under

section 29," and substituting "under

section 29 or 35 (1.4)," .

Section 31 is amended

(

a) in subsection (3) by striking out "subsection (4),"

and substituting "subsections (3.1) and (4)," , and

(

b) by adding the following subsection:

(3.1) If a member is absent or incapacitated the Lieutenant

Governor in Council may appoint a temporary substitute member to act during the absence or

incapacity.

Section 34 (2) is amended by striking out "designated

to hear a complaint has, for the purposes of the hearing," and substituting "has,

for the purposes of this Act," .

Section 34 (3) is amended by striking out

"designated to hear a complaint has, for the purpose of the hearing," and

substituting "has, for the purposes of this Act," .

Section 35 is amended

(

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

(1) Subject to this Code and the regulations, the tribunal may

make rules respecting the practice and procedure for the conduct of pre-hearing matters

and hearings the tribunal considers necessary to facilitate just and timely resolution of

complaints.

(1.1) Without limiting subsection (1), the tribunal may make rules

as follows:

(

a) requiring the parties to attend a pre-hearing conference in

order to discuss issues relating to a complaint and the possibility of simplifying or

disposing of issues;

(

b) respecting disclosure of evidence, including but not limited

to pre-hearing disclosure and pre-hearing examination of a party on oath or solemn

affirmation or by affidavit;

(

c) specifying the form of notice to be given to a party by

another party or by the tribunal requiring a party to diligently pursue a complaint and

the time within which and the manner in which the party must respond to the notice;

(

d) respecting service of notices and orders, including

substituted service;

(

e) requiring a party to provide an address for service or

delivery of notices and orders;

(

f) providing that a party's address of record is to be treated as

an address for service.

(1.2) In order to facilitate the hearing of a complaint, a member

or panel, on their own initiative or on application of a party, may make any order for

which a rule could be made under subsection (1) or (1.1).

(1.3) A member of the tribunal or any person engaged or retained

under

section 33 (2) may assist the parties to a complaint, through mediation and other

means, to achieve a settlement.

(1.4) The terms of each settlement agreement entered into in

respect of a complaint must be provided to the commission and

section 30 applies.

(1.5) Subject to

section 40, a member of the tribunal or any

person engaged or retained under

section 33 must not disclose any information concerning

the terms of a settlement agreement provided to the tribunal under subsection (1.4) of

this

section that would identify a party to the agreement unless that party consents to

the release. ,

(

b) in subsection (2) by striking out "The member or panel

designated to hear a complaint" and substituting "A member or

panel" , and

(

c) in subsections (3) and (5) subsections (3) to (5) by striking out "The

member" and substituting "A member" .

Section 36 (2) is amended by striking out "The member or panel

designated to hear a complaint" and substituting "A member or

panel" .

29 The following

section is added:

Dismissal for failure to pursue complaint

38.1 If, under the rules, a party has been given notice

requiring the party to diligently pursue a complaint and the party fails to act on the

notice within the time allowed, then on the request of a party or on its own initiative, a

member or panel may dismiss the complaint.

Section 41 is amended by striking out "organization or

group" and substituting "organization or corporation" .

Income Tax Act

Section 3 of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended

(

a) by striking out "under this Part" and substituting "under

this Act" , and

(

b) by striking out "21 and 25." and substituting "21,

25 and 99."

Section 42 (2) (b) (iii) is amended by striking out "under

section 84," and substituting "under

section 84 or 98," .

33 The following

Part is added:

Part 6 – British Columbia Scientific Research and

Experimental Development Tax Credit

Definitions

97 In this Part:

"BC qualified expenditure" incurred by a

qualifying corporation in a taxation year means an amount that is a qualified

expenditure, to the extent that the expenditure is

(

a) incurred in the taxation year by the corporation in respect of

scientific research and experimental development carried on in British Columbia,

(

b) incurred after August 31, 1999 and before September 1, 2004,

and

(

c) incurred at a time when the corporation has a permanent

establishment in British Columbia,

but does not include

(

d) the corporation's share of an expenditure incurred by a

partnership or by a trust of which the corporation is a beneficiary, and

(

e) a type or class of expenditure prescribed by regulation;

"Canadian-controlled private corporation" has the

same meaning as in

section 248 of the federal Act;

"designated assistance" means

(

a) any non-government assistance or contract payment, as these

terms are defined in

section 127 (9) of the federal Act, and

(

b) government assistance defined in this section;

"eligible repayment" of a qualifying corporation

in a taxation year means the total of all amounts of designated assistance repaid in the

taxation year by the corporation, or deemed repaid in that taxation year under

section 127

(10.8) of the federal Act, to the extent that

(

a) each of the amounts can reasonably be considered a repayment

of designated assistance that, in the taxation year or a previous taxation year, the

corporation received, was entitled to receive or could reasonably have been expected to

receive, in respect of a BC qualified expenditure, and

(

b) by the operation of paragraph (

h) of the definition of

"qualified expenditure" in

section 127 (9) of the federal Act, the designated

assistance reduced an amount of a BC qualified expenditure in the taxation year or a

previous taxation year;

"government assistance" means assistance from a

government, municipality or other public authority, whether as a grant, subsidy,

forgivable loan, deduction from tax, investment allowance or as any other form of

assistance, but does not include

(

a) an amount deemed to have been paid under

section 98 (2),

(

b) a deduction under

section 99 (2), or

(

c) a deduction under

section 127 (5) or (6) of the federal Act;

"qualified expenditure" has the same meaning as

in the definition of "qualified expenditure" in

section 127 (9) of the federal

Act except that in reading

section 127 (18) to (20) of the federal Act for the purpose of

computing the amount to be excluded in paragraph (

h) of that definition, the references to

government assistance are to be read as references to government assistance as defined in

this section;

"qualifying corporation" , for a taxation year,

means a corporation that has a permanent establishment in British Columbia at any time

during that taxation year, but does not include a corporation that

(

a) is exempt from tax under

section 27,

(

b) is controlled directly or indirectly in any manner whatever by

one or more persons all or part of whose taxable income is exempt from tax under

section

27 of this Act or under

Part 1 of the federal Act,

(

c) is an employee venture capital corporation registered under

section 8 of the Employee Investment Act,

(

d) is a small business venture capital corporation registered

under

section 3 of the Small Business Venture Capital Act, or

(

e) is of a type or class of corporation prescribed by regulation;

"scientific research and experimental development" has

the same meaning as in

section 248 (1) of the federal Act;

"SR&ED qualified BC expenditure" of a

qualifying corporation in a taxation year means the total of the following:

(

a) the total of all BC qualified expenditures incurred by the

corporation in the taxation year;

(

b) the corporation's eligible repayment for that taxation year.

Refundable tax credit available

(1) Subject to

section 103, a qualifying corporation

that is a Canadian-controlled private corporation carrying on scientific research and

experimental development in British Columbia during a taxation year may claim a tax credit

for the taxation year under this Part equal to 10% of the lesser of

(

a) the corporation's SR&ED qualified BC expenditure for the

taxation year, and

(

b) the corporation's expenditure limit as defined in

section 127

(10.2) of the federal Act for the taxation year.

(2) A corporation that is eligible for and has claimed a tax

credit under subsection (1) for a taxation year is deemed to have paid, at the time

referred to in

section 157 (1) (

b) of the federal Act as that

section relates to the

taxation year, the amount of that credit on account of its tax payable under this Act.

Non-refundable tax credit available

(1) In this section, "annual non-refundable tax

credit" of a qualifying corporation for a taxation year means 10% of the

corporation's SR&ED qualified BC expenditure in the taxation year, less

(

a) any amount deemed to have been paid under

section 98 (2) for

that year, and

(

b) any amount renounced under

section 100 for that year.

(2) Subject to

section 103, a qualifying corporation may deduct

from its tax otherwise payable for a taxation year ending after August 31, 1999, an amount

equal to the lesser of

(

a) the amount determined at the end of the taxation year under

subsection (3), and

(

b) the amount of tax that would otherwise be payable but for that

credit.

(3) The amount eligible for deduction under subsection (2) (

a) at

the end of the taxation year is an amount equal to the total of the following:

(

a) the corporation's annual non-refundable tax credit for that

taxation year;

(

b) the total of the corporation's annual non-refundable tax

credits for the 10 taxation years immediately preceding and the 3 taxation years

immediately following, less any of those amounts that were previously deducted by the

corporation under subsection (2).

(4) If the qualifying corporation is a corporation described in

paragraph (

j) or (

k) of the definition of "investment tax credit" in

section 127

(9) of the federal Act, the net amount determined under subsection (3) (

b) of this

section

must be reduced by the proportion described in

section 127 (9.1) (

d) or (9.2) (

d) of the

federal Act, as the case may be.

Renunciation of tax credit

(1) A corporation may renounce all or part of

the tax credit under

section 99 in respect of the corporation's SR&ED qualified BC

expenditure incurred during a taxation year.

(2) If the corporation renounces its entitlement to all or part of

the tax credit under subsection (1), the corporation is deemed for all purposes never to

have been entitled to receive, or have had reasonable expectation of receiving, that

credit or part of it.

Amalgamations and wind ups

(1) If, after August 31, 1999, 2 or more corporations

amalgamate within the meaning of

section 87 (1) of the federal Act, the new corporation is

deemed, for the purposes of this Part, to be the continuation of each of its predecessor

corporations.

(2) If, after August 31, 1999, a subsidiary corporation is wound

up within the meaning of

section 88 (1) of the federal Act, the parent corporation is

deemed, for the purposes of this Part, to be the continuation of the subsidiary

corporation.

No credit available if

section 17 deduction made

102 A corporation that has made a deduction in accordance

with

section 17 for a taxation year may not claim or deduct a tax credit under this Part

for the same taxation year.

Filing requirements

(1) A qualifying corporation that wishes to claim a tax

credit under this

Part in respect of a taxation year must file, with the return of income

filed by the corporation under

section 29 for that taxation year, an application for the

tax credit in the form, and containing the information, required by the Commissioner of

Income Tax.

(2) A qualifying corporation is not entitled to a tax credit under

this

Part in relation to its SR&ED qualified BC expenditure in a taxation year unless,

within 18 months after the end of the taxation year, the corporation files the form

containing the information required under subsection (1).

Industrial Development Incentive Act

Section 3 (2) (

b) of the Industrial Development Incentive Act, R.S.B.C.

1996, c. 221, is amended by striking out "$500 million" and

substituting "$600 million" .

Institute of Technology Act

Section 1 of the Institute of Technology Act, R.S.B.C. 1996, c.

225, is amended

(

a) by repealing the definition of "representative group" and

substituting the following:

"representative group" means

(

a) a bargaining agent, as defined in

section 1 of the Labour

Relations Code, for faculty members or for support staff, or

(

b) a student society or student organization for which fees are

collected under

section 14 or 15 of this Act; ,

(

b) by repealing the definition of "student association" , and

(

c) by adding the following definition:

"student society" means an organization

incorporated as a society under the Society Act whose purpose is to represent the

interests of the general student body, but does not include a provincial or national

student organization; .

Section 14 (2) is amended by adding the following paragraph:

(

p) collect fees on behalf of a student organization and remit

those fees to the student organization.

Section 15 is repealed and the following substituted:

Student society fees

(1) Subject to subsection (2), on annual notice from a

student society, the board must direct the institute to collect student society fees and

remit them to the student society if

(

a) the institute collected fees on behalf of the student society

between June 1, 1998 and June 1, 1999, or

(

b) the student society has been designated by regulation and the

amount of the student society fees has been approved by a majority of the members of the

student society who voted in a referendum of that student society.

(2) If a student society referred to in subsection (1) (

a) or (

b) changes student society fees, the new amount or the rate of change must be approved,

before a notice is issued under subsection (1), by a majority of the members of the

student society who vote in a referendum of that student society.

(3) On annual notice from a student society, the board must direct

the institute to collect fees on behalf of a provincial or national student organization

and remit them to the student society or directly to the provincial or national student

organization, as may be agreed by the board and the student society, if

(

a) the institute collected fees on behalf of the provincial or

national student organization between June 1, 1998 and June 1, 1999, or

(

b) the student society has held a referendum and the majority of

the members of the student society voting in that referendum voted in favour of joining

the provincial or national student organization.

(4) The board may direct that the institute cease to collect or

remit student society fees to a student society if one of the following applies:

(

a) the student society fails to do one of the following in a

timely manner:

(

i) make available to its members annual audited financial

statements and a report on those financial statements by an auditor who meets the

requirements of

section 42 of the Society Act;

(ii) inform the board in writing that the requirements set out in

subparagraph (

i) have been met;

(

b) the student society is struck off the register in accordance

with

section 71 of the Society Act.

(5) The Lieutenant Governor in Council may make regulations

designating student societies for the purposes of subsection 15 (1) (b).

Labour Relations Code

Section 37 (1) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is

amended by adding "or voluntarily recognized" after

"certified" .

Labour Statutes Amendment Act, 1999

Section 31 of the Labour Statutes Amendment Act, 1999, S.B.C. 1999, c. 13, is

amended in

section 36 of the Workers Compensation Act by striking out "the

Workplace Act ." and substituting "Part 3 of this

Act."

Mines Act

Section 10 (9) of the Mines Act, R.S.B.C. 1996, c. 293, is repealed and the

following substituted:

(9) Each person who is an owner, agent or manager of a mine for

which a permit is required under this

section must ensure

(

a) that there is a valid and subsisting permit for the mine, and

(

b) that no work takes place in, on or about the mine, except

under and in accordance with a valid and subsisting permit.

Section 37 is amended by adding the following subsections:

(3.1) The time limit for laying an information for an offence

(

a) under

section 10 is one year after the facts on which the

information is based first came to the chief inspector's attention, and

(

b) under this Act, other than

section 10, is 6 months after the

facts on which the information is based first came to the chief inspector's attention.

(3.2) A document purporting to have been issued by the chief

inspector, certifying the date on which the chief inspector became aware of the facts on

which an information is based,

(

a) is admissible without proof of the signature or official

character of the individual appearing to have signed the document, and

(

b) is proof of the certified facts unless there is evidence to

the contrary.

Ministry of Lands, Parks and Housing Act

Section 8.1 (2) of the Ministry of Lands, Parks and Housing Act, R.S.B.C.

1996, c. 307, is amended by adding "all or part of"

after "restriction that" .

Mortgage Brokers Act

43 Sections 3 (4) and 16 (5) of the Mortgage Brokers Act, R.S.B.C. 1996, c. 313,

are amended by striking out "prepaid" .

Section 23 (3) is amended by adding the following paragraph:

(

e) providing a formula for calculating the effective rate of

interest for the purposes of completing a borrower disclosure form under

section 16.

45 The following

section is added:

Power of registrar to permit variations from prescribed forms

24 The registrar may permit variations from forms

prescribed under this Act if, in the registrar's opinion, to do so would not be contrary

to the public interest.

Motor Vehicle Act

Section 90.4 (3) (

a) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is

repealed and the following substituted:

(

a) show that a notice of suspension was mailed by registered mail

or certified mail to the person at the person's most recent address recorded in the

records of the corporation and that the corporation or superintendent subsequently

received a copy of a confirmation of delivery provided by Canada Post showing a

recipient's signature that, from a comparison with the signature on the records of the

corporation, appears to be that of the person to whom the notice of suspension was sent, .

Section 95 (4) (

a) is repealed and the following substituted:

(

a) show that a notice of the prohibition or suspension was mailed

by registered mail or certified mail to the person at the person's most recent address

recorded in the records of the corporation and that the corporation or superintendent

subsequently received a copy of a confirmation of delivery provided by Canada Post showing

a recipient's signature that, from a comparison with the signature on the records of the

corporation, appears to be that of the person to whom the notice of prohibition or

suspension was sent, .

Section 221 is amended by adding the following subsection:

(3) The Lieutenant Governor in Council may make regulations

exempting any person or class of persons from the requirements of this

section and

prescribing conditions for those exemptions.

Section 234 (4) is amended

(

a) by striking out everything before paragraph (

a) and substituting the

following:

(4) If a person is charged with an offence under subsection (1),

the certificate referred to in subsection (3) must state that the suspension was in effect

on the date of the alleged offence and that the records of the Insurance Corporation of

British Columbia or the superintendent, as the case may be, , and

(

b) by repealing paragraph (

a) and substituting the following:

(

a) show that a notice of the suspension was mailed by registered

mail or certified mail to the person at the person's most recent address recorded in the

records of the corporation and that the corporation or superintendent subsequently

received a copy of a confirmation of delivery provided by Canada Post showing a

recipient's signature that, from a comparison with the signature on the records of the

corporation, appears to be that of the person to whom the notice of suspension was sent, .

Offence Act

Section 15 (11) of the Offence Act, R.S.B.C. 1996, c. 338, as enacted by

section 1 (

b) of the Offence Amendment Act (No. 2), 1997, S.B.C. 1997, c. 33, is amended

by striking out "If a person fails to appear" and substituting "Subject

to subsection (12), if a person fails to appear" .

Open Learning Agency Act

Section 1 of the Open Learning Agency Act, R.S.B.C. 1996, c. 341, is amended

by adding the following definition:

"student society" means an organization

incorporated as a society under the Society Act whose purpose is to represent the

interests of the general student body, but does not include a provincial or national

student organization.

Section 7 (2) is amended by adding the following paragraph:

(k.1) collect fees on behalf of a student organization and remit

those fees to the student organization; .

53 The following

section is added:

Student society fees

8.1

(1) Subject to subsection (2), on annual notice from a

student society, the board must direct the open university or the open college to collect

student society fees and remit them to the student society if

(

a) the student society has been designated by regulation, and

(

b) the amount of the student society fees has been approved by a

majority of the members of the student society who voted in a referendum of that student

society.

(2) If a student society referred to in subsection (1) changes

student society fees, the new amount or the rate of change must be approved, before a

notice is issued under subsection (1), by a majority of the members of the student society

who vote in a referendum of that student society.

(3) On annual notice from a student society, the board must direct

the open university or the open college to collect fees on behalf of a provincial or

national student organization and remit them to the student society or directly to the

provincial or national student organization, as may be agreed by the board and the student

society, if

(

a) the student society has held a referendum, and

(

b) the majority of the members of the student society voting in

that referendum voted in favour of joining the provincial or national student

organization.

(4) The board may direct that the open university or the open

college cease to collect or remit student society fees to a student society if one of the

following applies:

(

a) the student society fails to do one of the following in a

timely manner:

(

i) make available to its members annual audited financial

statements and a report on those financial statements by an auditor who meets the

requirements of

section 42 of the Society Act;

(ii) inform the board in writing that the requirements set out in

subparagraph (

i) have been met;

(

b) the student society is struck off the register in accordance

with

section 71 of the Society Act.

(5) The Lieutenant Governor in Council may make regulations

designating student societies for the purposes of subsection 8.1 (1).

Petroleum and Natural Gas Act

Section 6 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is

amended by adding the following subsections:

(3) Despite subsection (2), for the purposes of this Part, a

person is not deemed to be the owner of land in respect of surface rights acquired under a

disposition of surface rights of Crown land made by

(

a) a permit under

section 14 of the Land Act, or

(

b) a licence under

section 39 of the Land Act

under which the person is granted the non-intensive occupation or

use or occupation and use of an extensive area of Crown land for commercial recreational

purposes.

(4) For the purpose of subsection (3), the Lieutenant Governor in

Council may make regulations defining "non-intensive", "extensive" or

both.

Section 67 is amended by striking out "under

section 96 (1)

(a)" and substituting "under

section 133 (2) (r)" .

Police Act

Section 46 (1) of the Police Act, R.S.B.C. 1996, c. 367, is amended by

repealing the

definitions of "adjudicator" and "public

hearing" and substituting the following:

"adjudicator" means a retired judge appointed

under

section 60.1 to preside at a public hearing;

"public hearing" means a hearing arranged and set

under sections 60 and 60.1; .

Section 60.1 (2) to (8) is repealed and the following substituted:

(2) If the police complaint commissioner arranges a public hearing

under

section 60 or orders a public hearing under

section 64 (7),

(

a) the police complaint commissioner must appoint a retired judge

of the Provincial Court, the Supreme Court or the Court of Appeal to preside as an

adjudicator at the public hearing, and

(

b) the adjudicator appointed must arrange and set the earliest

practicable date or dates for that public hearing.

(3) Subject to subsection (4), at least 15 business days before

the scheduled date for a public hearing or continuation, the police complaint commissioner

must serve the respondent, complainant and discipline authority with written notice of the

date, time and place of the hearing.

(4) If, after reasonable effort, service cannot be effected on a

complainant under subsection (3), the police complaint commissioner may provide the notice

referred to in that subsection by registered mail to the complainant's last address known

to, or on record with, the police complaint commissioner.

Public Service Labour Relations Act

Section 21 (

c) of the Public Service Labour Relations Act, R.S.B.C. 1996, c.

388, is amended by striking out "prepaid" in both places.

Royal Roads University Act

Section 16 of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is

amended by adding "and 71" before "of the University

Act " .

Technical University of British Columbia Act

Section 16 of the Technical University of British Columbia Act, S.B.C. 1997,

c. 54, is amended by adding "and 71" before "of the

University Act " .

Tobacco Damages and Health Care Costs Recovery Act

61 Sections 2 and 3 of

Part 1 and sections 4 to 12 of

Part 2 of the Tobacco

Damages and Health Care Costs Recovery Act, S.B.C. 1997, c. 41, are repealed.

Section 13 is amended

(

a) in subsection (1) by striking out "Despite the government having

the right to commence or having commenced an action under

section 9 or having a right of

recovery under

section 11, the" and substituting "The" ,

and

(

b) by repealing subsection (4).

Section 14 (

b) is amended by striking out "9 or" .

Section 19 (2) is repealed and the following substituted:

(2) Without limiting subsection (1), the Lieutenant Governor in

Council may make regulations:

(

a) designating a health care benefit for the purposes of

section

(

b) prescribing a form of tobacco for the purposes of paragraph

(

i) of the definition of "type of tobacco product" in

section 1.

Section 20 (2) is repealed and the following substituted:

(2) When brought into force under subsection (1), a provision of

this Act has the retroactive effect necessary to give the provision full effect for all

purposes including allowing an action to be brought under

section 13 arising from a

tobacco related wrong, whenever it occurred.

Tobacco Sales Act

Section 10.1 of the Tobacco Sales Act, R.S.B.C. 1996, c. 451, is amended

(

a) in subsection (1) by striking out "licence" and

substituting "authorization" , and

(

b) by adding the following subsection:

(3) On the administrator receiving a written notice under

section

9 (1) (

b) of the Tobacco Tax Act that an authorization is suspended, the

administrator or a person acting on behalf of the administrator must publicize

(

a) the name of the dealer whose authorization is suspended,

(

b) the business location to which the suspension applies,

(

c) the name under which business is conducted at the business

location under the authorization, and

(

d) the content of the sign referred to in subsection (1) that

this Act and the regulations require the dealer to post respecting that suspension.

Section 12 is amended by striking out "10.1" and

substituting "10.1 (1) or (2)" .

Tobacco Tax Act

Section 9 (1) of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is amended by

striking out "in the certificate, suspend the permit or authorization for the

location and period specified in the certificate." and substituting "in

the certificate,

(

a) suspend the permit or authorization for the location and

period specified in the certificate, and

(

b) give the administrator under the Tobacco Sales Act

written notice stating

(

i) the fact that the suspension has been issued,

(ii) the name of the person whose permit or authorization is

suspended,

(iii) the location to which the suspension applies, and

(iv) the period for which the suspension applies."

University Act

Section 1 of the University Act, R.S.B.C. 1996, c. 468, is amended

(

a) by repealing the definition of "student association" , and

(

b) by adding the following definition:

"student society" means an organization

incorporated as a society under the Society Act whose purpose is to represent the

interests of the general undergraduate or graduate student body, or both, but does not

include a provincial or national student organization; .

Section 19 (

e) is repealed and the following substituted:

(e) 2 full time students elected from all students who are members

of the undergraduate student society or the graduate student society; .

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

(1) A member of the board, other than the chancellor, president or

a member elected under

section 19 (e), holds office for 3 years and after that until a

successor is appointed or elected.

Section 27 (2) (

n) is repealed and the following substituted:

(

n) to pay over

(

i) the fees collected for a student or alumni organization that

the organization may request, and

(ii) in accordance with

section 27.1, the fees collected for a

student society or a provincial or national student organization; .

Part 6 is amended by adding the following section:

Student society fees

27.1

(1) Subject to subsection (2), on annual notice from a

student society, the board must collect student society fees and remit them to the student

society if

(

a) the board collected fees on behalf of the student society

between June 1, 1998 and June 1, 1999, or

(

b) the student society has been designated by regulation and the

amount of the student society fees has been approved by a majority of the members of the

student society who voted in a referendum of that student society.

(2) If a student society referred to in subsection (1) (

a) or (

b) changes student society fees, the new amount or the rate of change must be approved,

before a notice is issued under subsection (1), by a majority of the members of the

student society who vote in a referendum of that student society.

(3) On annual notice from a student society, the board must

collect fees on behalf of a provincial or national student organization, and remit them to

the student society or directly to the provincial or national student organization, as may

be agreed by the board and the student society, if

(

a) the board collected fees on behalf of the provincial or

national student organization between June 1, 1998 and June 1, 1999, or

(

b) the student society has held a referendum and the majority of

the members of the student society voting in that referendum voted in favour of joining

the provincial or national student organization.

(4) The board may cease to collect or remit student society fees

to a student society if one of the following applies:

(

a) the student society fails to do one of the following in a

timely manner:

(

i) make available to its members annual audited financial

statements and a report on those financial statements by an auditor who meets the

requirements of

section 42 of the Society Act;

(ii) inform the board in writing that the requirements set out in

subparagraph (

i) have been met;

(

b) the student society is struck off the register in accordance

with

section 71 of the Society Act.

Section 35 (2) (

h) is repealed and the following substituted:

(

h) a number of full time students, equal to the number provided

in paragraphs (

a) to (f), elected from all students who are members of the undergraduate

student society or the graduate student society, in a manner that ensures that at least

one student from each faculty is elected; .

Section 45 (3) is repealed and the following substituted:

(3) The registrar must similarly keep an alphabetical list of the

names of all students who are members of the undergraduate student society or the graduate

student society.

Section 71 is repealed and the following substituted:

Power to make regulations

71 The Lieutenant Governor in Council may make regulations

referred to in

section 41 of the

Interpretation Act, including regulations for the

purposes of

section 27.1 (1) (b).

University of Northern British Columbia Act

Section 9 (2) (

f) is repealed and the following substituted:

(f) 2 full time students elected from all students who are members

of the undergraduate student society or the graduate student society; .

Transitional – Packing house assessments validation for 1993 to

(1) The definition of "packing house" in

section 1 of the Standards for the Classification of Land as a Farm Regulation, B.C. Reg.

411/95, and

section 9 of that regulation, as those provisions were enacted by B.C. Reg.

438/97, are deemed to have come into force on December 31, 1992 and to have applied for

the purposes of classification, assessment and taxation during the 1993, 1994, 1995, 1996

and 1997 taxation years.

(2) All classifications, assessments and taxes that, had

subsection (1) been in force on the date they were made or imposed, would have been

validly made or imposed are conclusively deemed to have been validly made or imposed.

(3) The provisions of the regulation referred to in subsection

(1) that would otherwise have applied for the purposes of classification, assessment and

taxation of packing houses during the taxation years referred to in that subsection are

deemed to have been repealed for the purposes of that subsection.

(4) No complaint or appeal may be made under the Assessment Act

in respect of an assessment roll or supplementary assessment roll for property referred to

in subsection (3) for the taxation years referred to in subsection (1) except on the

grounds that the classification or assessment was not in accordance with the regulation

that is deemed by subsection (1) to have applied.

(5) This

section

(

a) applies despite the Assessment Act and despite any

decision of a court to the contrary made before or after the coming into force of this

section, and

(

b) is retroactive to the extent necessary to give it full force

and effect and must not be construed as lacking retroactive effect in relation to any

matter because it makes no specific reference to that matter.

Transitional – Expropriation Act

79 Sections 40 and 44 of the Expropriation Act, as

amended by this Act, apply to any compensation claimed or payable in respect of any

expropriation, whether or not that expropriation occurred before the coming into force of

this section, unless, before the coming into force of this section,

(

a) a court order had been made respecting compensation payable

under the Expropriation Act in respect of the expropriation, or

(

b) a determination had been made of the compensation payable

under that Act in respect of the expropriation.

Transitional for use of registered or certified mail for purposes

of the Motor Vehicle Act

80 Until the end of the next session of the Legislative

Assembly and in order to respond to changes in the registered mail or certified mail

services of Canada Post, the Lieutenant Governor in Council may make regulations deeming

any provision of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, that provides for

the use of registered mail or certified mail to be amended in the manner and for the time

specified in the regulation in order to give full effect to the intent of the provision.

Commencement

(1) Sections 2 to 5, 10, 14 to 19, 24 to 30, 35 to 37,

39, 43 to 47, 49, 51 to 53, 58 to 67 and 69 to 77 come into force by regulation of the

Lieutenant Governor in Council.

(2) When brought into force by regulation,

section 10 (

a) is

deemed to have come into force on July 1, 1999 and is retroactive to the extent necessary

to give it effect on and after that date.

(3) Sections 31 to 33 come into force on September

1, 1999.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada