1st Session, 42nd Parliament (2020–2021)

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE SELINA ROBINSON

MINISTER OF FINANCE

BILL 3 – 2020

FINANCE STATUTES AMENDMENT ACT, 2020

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

Legislative Assembly of the Province of British Columbia, enacts as follows:

Budget Transparency and Accountability Act

SECTION 1: [Budget Transparency and Accountability Act,

section 6] if a general election is conducted in a fiscal year, extends the deadline for presenting the main estimates for the immediately following fiscal year to April 30 of that immediately following fiscal year or, if applicable, 150 days after the designated date following the general election.

Section 6 of the Budget Transparency and

Accountability Act, S.B.C. 2000, c. 23, is amended

(

a) in subsection (2) by adding " , "

after " Legislative

Assembly ",

(

b) by repealing subsection (2) (

a) and

substituting the following:

(

a) subject to a later date

determined under paragraph (b), on or before April 30 in that immediately

following fiscal year, or ,

(

c) in subsections (2) (

b) and (3) (

b) by

striking out " 120 days " and substituting " 150 days ",

and

(

d) by repealing subsection (3) (

a) and

substituting the following:

(

a) April 30 in that immediately

following fiscal year, and .

SECTION 2: [Budget Transparency and Accountability Act,

section 10]

extends the period for which there is an exception to a quarterly report being required to be made public if the information is made public with or before the presentation of the main estimates;

requires the minister to make public a report that provides a fiscal update if 2 consecutive quarterly reports are not required to be made public.

Section 10 is

amended

(

a) in subsection (4) (

a) by striking out " 30 days "

and substituting " 60 days ",

(

b) in subsection (4) (

b) by adding " or before

the presentation of " before " those main estimates ",

and

(

c) by adding the following subsection:

(6) If 2 consecutive quarterly reports are

not required to be made public under subsections (4) and (5), the minister must

make public a report that provides a fiscal update in respect of the fiscal

year within 90 days after the designated date following the general election.

Financial Administration Act

SECTION 3: [Financial Administration Act,

section 24]

provides for the preparation of a special warrant for the period ending 150 days after the designated date following a general election;

provides for a special warrant if

the main estimates are to be presented on or before a date established under

section 6 (2) or (3) of the Budget Transparency and Accountability Act for a fiscal year following a fiscal year in which there was a general election, and

a Supply Act has not been enacted for that following fiscal year,

which special warrant is limited in amount based on the main estimates presented for the previous fiscal year.

Section 24 of the

Financial Administration Act, R.S.B.C. 1996, c. 138, is amended

(

a) in subsection (2) (

a) by striking out " 120 days " and substituting " 150 days ",

and

(

b) by repealing subsection (3.1) and

substituting the following:

(3.1) If the main estimates for a fiscal year

are to be presented to the Legislative Assembly on or before a date established

under

section 6 (2) or (3) of the Budget Transparency and

Accountability Act and a Supply Act has not been enacted for that fiscal

year, on or after March 22 preceding that fiscal year the Lieutenant Governor

in Council may, on the recommendation of Treasury Board, order a special

warrant to be prepared for the signature of the Lieutenant Governor authorizing

payment of one or both of the following in that fiscal year:

(

a) the payment of an amount the

Lieutenant Governor in Council considers necessary out of the consolidated

revenue fund towards defraying the charges and expenses of the public service

of British Columbia, which amount may not exceed the portion determined by the

following formula of the total amount of the votes of the main estimates

presented to the Legislative Assembly for the previous fiscal year:

portion =

where

x = the number determined by

(

i) dividing the number of days in the

fiscal year from the beginning of the fiscal year to the latest date on which the main estimates for the fiscal year are to be

presented under

section 6 (2) or (3) of the Budget

Transparency and Accountability Act by 365,

(ii) multiplying the quotient obtained under

subparagraph (

i) by 24, and

(iii) rounding the product obtained under

subparagraph (ii) to the nearest whole number;

(

b) the

payment of an amount the Lieutenant Governor in Council considers necessary out

of the consolidated revenue fund towards capital expenditures and disbursements

for loans, investments and other requirements, which amount may not exceed 1/3

of the total of the voted amounts for capital expenditures and disbursements

referred to in the Schedules of the main estimates presented to the Legislative

Assembly for the previous fiscal year.

Home Owner Grant Act

SECTION 4: [Home Owner Grant Act, sections 20 to 22]

sets out the rules for making home owner grant applications for the 2020 and 2021 tax years, and provides for the approval or disapproval of those applications;

authorizes the grant administrator to approve forms for the purposes of specified home owner grant applications;

provides for the application of grants and payments on the approval of grant applications;

authorizes the Lieutenant Governor in Council to make regulations for the purposes of sections 20 and 21 of the Act as added by this Bill.

4 The Home Owner Grant Act, R.S.B.C. 1996, c. 194, is

amended by adding the following sections:

Application for grant for 2020 or 2021

(1) Despite

sections 8 to 10, an application for a grant for the 2020 or 2021 tax year

(

a) may be made only within the

applicable period set out in subsection (2),

(

b) must be given to the grant

administrator in the manner required by the grant administrator,

(

c) must be in the form approved by

the grant administrator,

(

d) must be accompanied by any

information and records required by the regulations, and

(

e) may be approved or disapproved

by the grant administrator only in accordance with the regulations.

(2) An application for a grant referred to

in subsection (1) may be made only as follows:

(

a) if the grant is claimed for the

2020 tax year, after the prescribed date and before January 1, 2022;

(

b) if the grant is claimed for the

2021 tax year, subject to paragraph (c), after the prescribed date and before

January 1, 2023;

(

c) if the person claiming the

grant for the 2021 tax year is entitled to the grant under

section 3, 4 or 5,

after the person receives the real property tax notice for 2021.

(3) Despite

section 18.2 (1), the grant

administrator may approve forms for the purposes of an application for a grant

referred to in subsection (1) and the forms may be different for different

persons, places, things or circumstances.

Approval of grant for 2020 or 2021

(1) If,

in accordance with the regulations, the grant administrator approves an

application for a grant in respect of a property, the amount of the grant

approved must be applied, or a payment made, or both, as required by the

regulations.

(2) If, under subsection (1), the minister

must make a payment, the payment may be made out of the consolidated revenue

fund.

Regulations in relation to sections 20

and 21

(1) Without limiting

section 18

(1) or (2), the Lieutenant Governor in Council may make regulations for the

purposes of sections 20 and 21 as follows:

(

a) respecting applications for

grants and the information, authorizations and verifications that must be

supplied in support of an application;

(

b) respecting the approval or

disapproval of applications for grants;

(

c) respecting reports in relation to

grants approved by the grant administrator and in relation to real property

taxes;

(

d) respecting the application or

payment of, or other dealings with, grants or amounts equivalent to grants;

(

e) respecting any other matter for

which regulations are contemplated by

section 20 or 21.

(2) In making regulations under subsection

(1), the Lieutenant Governor in Council may do one or more of the following:

(

a) delegate a matter to the grant

administrator;

(

b) confer a discretion on the

grant administrator;

(

c) make different regulations for

different persons, places, things or circumstances.

(3) If made before December 31 in any

year, regulations under subsection (1) may be made retroactive to January 1 of

that year, and if made retroactive are deemed to have come into force on that

date.

Commencement

5 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:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 4

By regulation of the Lieutenant Governor in Council

Explanatory Notes

SECTION 1: [Budget Transparency and Accountability Act,

section 6] if a general election is conducted in a fiscal year, extends the deadline for presenting the main estimates for the immediately following fiscal year to April 30 of that immediately following fiscal year or, if applicable, 150 days after the designated date following the general election.

SECTION 2: [Budget Transparency and Accountability Act,

section 10]

extends the period for which there is an exception to a quarterly report being required to be made public if the information is made public with or before the presentation of the main estimates;

requires the minister to make public a report that provides a fiscal update if 2 consecutive quarterly reports are not required to be made public.

SECTION 3: [Financial Administration Act,

section 24]

provides for the preparation of a special warrant for the period ending 150 days after the designated date following a general election;

provides for a special warrant if

the main estimates are to be presented on or before a date established under

section 6 (2) or (3) of the Budget Transparency and Accountability Act for a fiscal year following a fiscal year in which there was a general election, and

a Supply Act has not been enacted for that following fiscal year,

which special warrant is limited in amount based on the main estimates presented for the previous fiscal year.

SECTION 4: [Home Owner Grant Act, sections 20 to 22]

sets out the rules for making home owner grant applications for the 2020 and 2021 tax years, and provides for the approval or disapproval of those applications;

authorizes the grant administrator to approve forms for the purposes of specified home owner grant applications;

provides for the application of grants and payments on the approval of grant applications;

authorizes the Lieutenant Governor in Council to make regulations for the purposes of sections 20 and 21 of the Act as added by this Bill.

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c) Queen's Printer, Victoria, British Columbia, Canada