Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND

MINISTER RESPONSIBLE FOR

MULTICULTURALISM,

HUMAN RIGHTS AND

IMMIGRATION

BILL 51 – 1997

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 3), 1997

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

of British Columbia, enacts as follows:

Child, Youth and Family Advocacy Act

1 The Child, Youth and Family Advocacy Act, R.S.B.C. 1996, c. 47, is amended by adding

the following section:

Interests of the child or youth are paramount

4.1 If the advocate identifies a conflict of interest between a child or youth and an adult

family member while the advocate is performing his or her duties or exercising his or

her powers or functions under this Act, the advocate must give precedence to and

promote the interests of the child or youth over those of the adult family member.

Company Act

Section 1 (1) of the Company Act, R.S.B.C. 1996, c. 62, is amended by adding the

following definition:

"limited liability company" means an organization that

(

a) is formed in a jurisdiction other than British Columbia,

(

b) is recognized as a legal entity in the jurisdiction in which it was formed,

(

c) does not qualify to be registered under this Act as an extraprovincial

company, and

(

d) is not a partnership or a limited partnership; .

Section 252 is amended

(

a) in subsection (1) by striking out "subsection (6)," and substituting "subsections

(6) and (7)," , and

(

b) by adding the following subsection:

(7) Nothing in this

section or in any order approving a compromise or arrangement

made under this

section binds a member to exchange shares of the company held

by the member for property, money or other securities of the company or for

property, money or securities of another corporation unless

(

a) the member consents, or

(

b) the exchange is not the primary purpose for the compromise or

arrangement.

4 The following Division is added to

Part 10:

Division 5 – Limited Liability Companies

Act applies to limited liability companies

319.1

(1) Sections 15, 17, 18 (1) and (7) to (10), 106, 204 (2), 257 (1) (

a) to (

d) and (

f) and (2) to (5), 259 to 265, 297 (1), 298 (1) and (2), 301 to 303, 304 (1) and (4) (a),

306 to 308, 312 to 315, 318, 319, 335 and 338 to 340 apply to and in respect of

limited liability companies.

(2) For the purposes of subsection (1), a reference in the provisions referred to in that

subsection

(

a) to "extraprovincial company" includes a reference to "limited liability

company",

(

b) except for sections 17, 18 (9), 257 (3) to (5), 260, 261 to 263, 301

(3) and 318, to "company" includes a reference to "limited liability company",

(

c) to "director" includes a reference to an individual elected, appointed or

otherwise designated to manage a limited liability company, and

(

d) to "federal company" includes a reference to a limited liability company

incorporated in the federal jurisdiction.

(3) For the purposes of subsection (1), a reference in

section 308 to "corporation"

includes a reference to "limited liability company".

Registration

319.2

(1) Every limited liability company required to be registered under this Act must

(

a) register in the prescribed manner and pay the prescribed fee,

(

b) file with the registrar the information and records prescribed by the

regulations respecting attorneys appointed by the limited liability company,

including the forms by which each of those attorneys evidenced consent to

the appointment,

(

c) promptly notify the registrar, in the manner and form prescribed by the

regulations, of any change in any information the limited liability company

has provided to the registrar under this Division,

(

d) keep at the head office of the limited liability company in British Columbia

the forms and information prescribed by the regulations, and

(

e) ensure that each component of any financial statement that it issues,

circulates or publishes in British Columbia

(

i) is prepared and approved in the prescribed manner and has attached

to it the prescribed records, or

(ii) if the regulations provide that the component need not comply with

one or more of the requirements prescribed under subparagraph (i),

clearly identifies the requirements with which it does not comply.

(2) After a limited liability company has complied with subsection (1) to the satisfaction of the registrar, the registrar, subject to

section 302 and to subsection

(3) of this section, must register the limited liability company and issue a certificate

showing that the limited liability company is registered as a limited liability

company under this Act.

(3) A limited liability company must not be registered by a name that the registrar,

for a good and valid reason, disapproves and, without limiting this, the registrar

may disapprove a name if, in the opinion of the registrar, it does not adequately

identify the organization as a limited liability company.

(4) After the registration of a limited liability company, the registrar must publish in

the Gazette notice of its registration.

Records

319.3 Any person may examine and take extracts from the records referred to in

section 319.2 (1) (

d) and sections 164 (5), 165, 169 and 170 apply to those records.

Liquidator

319.4

(1) The liquidator of a limited liability company must file with the registrar the

prescribed information.

(2) The registrar must register the records filed under subsection (1) and, 3 months

after the registration of the final account of the liquidation, the registration of the

limited liability company is cancelled.

Preparation of information

319.5

(1) The Lieutenant Governor in Council may prescribe the form and manner in which

information is to be prepared, retained or filed by or for a limited liability

company.

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

regulations respecting the following:

(

a) the manner in which a limited liability company required to be registered

under this Act is to be registered, including the information and records to

be filed with the registrar respecting that registration;

(

b) the information and records to be filed with the registrar respecting

attorneys appointed for the limited liability company;

(

c) the form and manner in which an attorney appointed for a limited liability

company is to evidence consent to the appointment;

(

d) the information and records to be filed with the registrar respecting any

change to information filed with the registrar in relation to a limited liability

company;

(

e) the records that a limited liability company is to keep at its head office;

(

f) the financial statements, including interim financial statements, issued,

circulated or published in British Columbia by a limited liability company,

including, without limitation, the approvals required for the financial

statements, the records to be attached to the financial statements and if and

to what extent the components of the financial statements need not comply

with those requirements;

(

g) the information and records to be filed with the registrar in relation to, or

published by a liquidator appointed for, a limited liability company;

(

h) the fees payable in relation to registration or any filings required under this

Act or the regulations;

(

i) the form and manner in which and the time within which the information

and records referred to in the regulations are to be filed, kept or published,

as the case may be.

Registration does not affect capacity

319.6 Registration of a limited liability company under this Act relieves the limited liability

company from any restriction or prohibition imposed on it by Division 3, as it applies

for the purposes of this Division, but does not otherwise affect its capacity or powers.

Section 321 is repealed.

6 The following

section is added:

Registrar may suspend operations of registry

321.1

(1) Despite this Act or any other enactment, when the registrar is of the opinion that

it is impracticable to provide or perform one or more of the services or functions

required by this Act or the regulations to be provided or performed by the

registrar or otherwise normally provided or performed by the registrar, the

registrar may, for so long as the registrar remains of that opinion, suspend any or

all of the services provided or functions performed by the registrar, including,

without limitation,

(

a) registering or filing any records,

(

b) allowing searches or inspections of any records filed with the registrar, and

(

c) providing copies of any records filed with the registrar.

(2) Despite this Act or any other enactment, if the registrar is satisfied that but for a

suspension under subsection (1) of one or more of the services provided or

functions performed by the registrar, a record provided to the registrar for registration or filing would have been delivered to the registrar on, or registered or

filed on, the date that the services or functions were suspended, the registrar may

accept the record as if it were delivered on, or date the registration or filing of the

record as of, the date that the services or functions were suspended and that date

is deemed for all purposes to be the date on which the record was delivered,

registered or filed.

Section 350 (2) is amended by adding the following:

(

j) respecting the location and hours for the office of the registrar.

Constitution Act

Section 26 (1) (

a) of the Constitution Act, R.S.B.C. 1996, c. 66, is repealed and the

following substituted:

(

a) if the money accepted is the basic compensation, Capital

City allowance or salary for a member of the Legislative Assembly, member of

the Executive Council, Premier, parliamentary secretary or other official referred

to in

section 3 of the Legislative Assembly Management Committee Act ,

Creston Valley Wildlife Act

Section 1 of the Creston Valley Wildlife Act, R.S.B.C. 1996,

c. 84, is amended by repealing the definition of "'arterial

highway' and 'secondary highway'" and substituting the

following

definitions:

"arterial highway" means an arterial highway as defined in

section 27 of the

Highway Act ;

"secondary highway" means a highway designated by regulation; .

Section 34 (2) is amended by adding the following paragraph:

(c.1) designating as a secondary highway under this Act, any highway that is in

the management area and is not an arterial highway; .

Ferry Corporation Act

Section 16 (1) of the Ferry Corporation Act, R.S.B.C. 1996, c. 137, is amended by striking

out "$730 million." and substituting "$975 million."

Forest Renewal Act

Section 11 (3) to (5) of the Forest Renewal Act, R.S.B.C. 1996, c. 160, is repealed and the

following substituted:

(3) As soon as practicable after each quarter of the fiscal year of the government, the

Minister of Finance and Corporate Relations must issue a written estimate of

(

a) the amount of the portion of the government's royalty and stumpage revenue

under the Forest Act for that quarter that is attributable to any changes made

to the rates of royalty or stumpage under the Forest Act that take effect after

April 30, 1994, and

(

b) any reduction in the amount of the government's royalty and stumpage

revenue under the Forest Act for that quarter that is attributable to a policy

or procedure approved by the minister before January 1, 1998 under

section 105 (1) of the Forest Act, that is expressed to be for the purposes of

this paragraph.

(4) Subject to subsections (2) and (6), as soon as practicable after each quarter of the

fiscal year of the government, the Minister of Finance and Corporate Relations

must pay to Forest Renewal BC out of the consolidated revenue fund an amount

calculated for that quarter by deducting, from the amount estimated under

subsection (3) (a), 20% of the amounts estimated under subsection (3).

Highway Act

13 Sections 27 to 29 of the Highway Act, R.S.B.C. 1996, c. 188, are repealed and the

following substituted:

Arterial highways defined

27 For this Part, certain highways may be classified as "arterial highways", comprising

highways that, on the recommendation of the minister approved by order of the

Lieutenant Governor in Council, are classified as arterial highways.

Classification as arterial highways

(1) The minister must denote the highways that in the minister's opinion should be

classified as arterial highways by delineating on a map the route of each highway

throughout each municipal area through or in which the highway runs or is

intended to run.

(2) The minister must submit the map to the Lieutenant Governor in Council for

classification of the highways denoted on it as arterial highways, after consultation with the municipal councils of the municipalities through or within the

limits of which the highways run or are intended to run.

(3) On making the order classifying an arterial highway, the minister must publish

notice of the fact of its classification under this Act in one issue of the Gazette,

and a change must not be made in the route or the classification of the highway

as an arterial highway except by order of the Lieutenant Governor in Council.

Cost of construction and maintenance of highways in municipalities

(1) Subject to subsection (2), the cost of construction and maintenance of arterial

highways must be borne entirely by the ministry.

(2) The ministry may build, rebuild, repair or protect a bridge on a highway if the cost

of the work is provided by a specific vote of the Legislature.

(3) In case of damage by flood or other accident, or if otherwise necessary in the

public interest, the ministry may, with the approval of the Lieutenant Governor in

Council, replace, repair, rebuild or protect a bridge on a highway, whether or not

on an arterial highway, and pay the entire cost, or may reimburse a municipality

for any costs incurred by the municipality.

Section 30 is repealed and the following substituted:

Control of construction and maintenance of highways in municipalities

(1) The control of the construction and maintenance of every arterial highway is

vested in the ministry.

(2) On obtaining the approval of the ministry, the municipal corporation of an area in

or through which an arterial highway runs may construct, at the expense of the

corporation, sidewalks on that highway.

15 Sections 33, 34 and 37 are repealed.

Section 38 is amended

(

a) by repealing subsection (2), and

(

b) in subsection (4) by striking out "and by municipal corporations under this Act."

Insurance Corporation Act

Section 3 (4) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by

striking out "the board's bylaw." and substituting "the Lieutenant Governor in Council."

18 The following

section is added:

Records and proof

8.1

(1) If a record is kept by the corporation under this Act or the Insurance (Motor

Vehicle) Act or the regulations made under either of those Acts, the corporation

may

(

a) have the record photocopied,

(

b) have the record or its contents stored in electronic format,

(

c) have the record or its contents reproduced on a record that enables the

information to be subsequently displayed or immediately accessible in

visible form, or

(

d) keep the record or its contents in any other prescribed manner.

(2) If information from a record to be kept by the corporation is converted into

another format under subsection (1), the corporation may destroy the paper

format of the record and the information, in the format into which it has been

converted, is deemed to be the record so converted.

(3) If records are kept by the corporation otherwise than in paper format, the

corporation must provide, in intelligible form, any copy of those records that,

under this Act or the Insurance (Motor Vehicle) Act or the regulations made under

either of those Acts, the corporation is required to provide.

(4) A copy of, or extract from, a record kept in a format other than an electronic

format by the corporation under this Act or the I nsurance (Motor Vehicle) Act or

the regulations made under either of those Acts, certified to be a true copy or

extract by an officer of the corporation, is

(

a) evidence of the record or of the part of the record extracted and of the facts

stated in the record or the part of the record, and

(

b) conclusive proof that the corporation is the keeper of the record, in

fulfillment of the corporation's responsibility under this section.

(5) A reproduction in paper format of a record kept in electronic format by the

corporation is evidence of the record and of the facts stated in the record, and is

conclusive proof that the corporation is the keeper of the record, in fulfillment of

the corporation's responsibility under this section, if

(

a) the reproduction is certified to be a true copy by an officer of the corporation, or

(

b) the reproduction contains a statement to the effect that the reproduction is

an authentic reproduction of information stored in a database in electronic

format by the corporation.

(6) A record of information, based on the records kept by the corporation under this

Act or the Insurance (Motor Vehicle) Act or the regulations made under either of

those Acts, is evidence of the facts contained in the record if

(

a) the information is contained in a certificate of an officer of the corporation,

(

b) the records contains a statement to the effect that the record is an authentic

reproduction of information stored in a database in electronic format by the

corporation.

(7) Proof is not required of the signature or official position of a person certifying the

truth of a copy or extract, or giving a certificate under this section, and a facsimile

signature purporting to be the signature of a person required to sign or certify a

record under this Act or the Insurance (Motor Vehicle) Act or the regulations

made under either of those Acts is evidence of the signature and of the authority

for the use of the facsimile signature.

(8) A certificate or other record referred to in subsection (4), (5) or (6) must be

received in all courts for the purposes of those subsections without proof that the

certificate or other record was kept or provided with lawful authority.

(9) This

section is in addition to and not in substitution for any provision of this or

any other enactment respecting the retention, certification or use of records by the

corporation including, without limitation, any provision that

(

a) allows the corporation to retain records in any format,

(

b) allows for certification of records by the corporation in any manner, or

(

c) allows any record to stand as evidence of any fact or matter.

Section 41 is renumbered as

section 41 (1) and the following subsection is added:

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

regulations respecting the manner in which records or their contents may be kept

by the corporation.

Insurance (Motor Vehicle) Act

Section 10 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed.

Land Tax Deferment Act

Section 5 (1) (d) (iii) of the Land Tax Deferment Act, R.S.B.C. 1996, c. 249, is repealed

and the following substituted:

(iii) a person with disabilities as defined in the Disability Benefits

Program Act .

Legal Services Society Act

Section 1 of the Legal Services Society Act, R.S.B.C. 1996, c. 256, is amended by adding

the following definition:

"legal aid" means services and information provided under this Act; .

Section 5 (7) is repealed and the following substituted:

(7) The term of office of a director must be not longer than 3 years from the date on

which the appointment becomes effective.

24 The following

section is added:

Official trustee

(1) The Lieutenant Governor in Council may appoint an official trustee to manage

the property and conduct the affairs of the society if, in the opinion of the

Lieutenant Governor in Council, the appointment is in the public interest and is

required to ensure continued and effective delivery of legal aid.

(2) When an official trustee is appointed under subsection (1), the directors of the

society cease to hold office.

(3) An official trustee appointed under subsection (1) has the exclusive right to

exercise all of the powers of the society and the board, and must, subject to

section 11,

(

a) work towards eliminating, within a reasonable time, all debt of the society

except current debt as determined in accordance with generally accepted

accounting principles,

(

b) ensure compliance of the society with this Act and the regulations, and

(

c) ensure proper performance of the duties of the society.

(4) Subject to subsections (5) to (8), an official trustee's appointment under this

section must be for a term that expires not more than 12 months after the date of

appointment.

(5) The Lieutenant Governor in Council may, on application by the official trustee

appointed under this section,

(

a) remove the official trustee from office before the end of the official trustee's

term of office if the Lieutenant Governor in Council and the official trustee

are satisfied that the matters in response to which the official trustee was

appointed have been substantially corrected, or

(

b) extend the term of the official trustee by not more than 12 months if the

Lieutenant Governor in Council and the official trustee are satisfied that that

extension

(

i) is in the public interest,

(ii) is required to ensure continued and effective delivery of legal aid, and

(iii) is required to provide a sufficient opportunity to the official trustee to

meet the goals set out in subsection (3).

(6) If an official trustee's term of office has expired, the Lieutenant Governor in

Council may appoint a successor for the official trustee, for a term that expires

not more than 12 months after the date of appointment, if the Lieutenant

Governor in Council is satisfied that the appointment

(

a) is in the public interest,

(

b) is required to ensure continued and effective delivery of legal aid, and

(

c) is required to allow the society to realize the goals set out in subsection (3).

(7) The Lieutenant Governor in Council may remove or replace an official trustee

before the end of the official trustee's term if the Lieutenant Governor in Council

is of the opinion that the official trustee is acting in a manner that is inconsistent

with his or her responsibilities under subsection (3).

(8) A replacement official trustee appointed under subsection (7) holds office for the

unexpired portion of the term of the official trustee being replaced unless the

Lieutenant Governor in Council orders otherwise.

(9) Directors are to be appointed under

section 5 to assume office when the society

ceases to be subject to the direction of an official trustee.

(10) An official trustee appointed under this

section is to be remunerated out of the

funds of the society or otherwise as the Lieutenant Governor in Council

determines.

Legislative Assembly Allowances and Pension Act

Section 1 of the Legislative Assembly Allowances and Pension Act, R.S.B.C. 1996, c. 257,

is amended in the definition of "legislative allowance" by striking out "and" at the end of

paragraph (a), by adding "and" at the end of paragraph (

b) and by adding the following

paragraph:

(

c) for a person who serves in the Thirty-sixth Parliament or a subsequent Parliament

and begins to receive a superannuation allowance after June 19, 1996, means the

basic compensation payable to the person under

section 3 of the Legislative

Assembly Management Committee Act and an amount equal to 60 times the daily

rate of the Capital City Allowance calculated as if the person's constituency were

located outside the Capital Regional District; .

26 Sections 2, 3, 4 (1) to (5) and (10) to (13), 5 and 8 (1) (

b) are repealed.

Section 6 is amended by striking out "the annual indemnity

and expense allowance, and any salary to which the member would have been entitled

under this Act" and substituting "the basic compensation and salary

to which the member would have been entitled under this Act or the Legislative

Assembly Management Committee Act " .

Section 10 is amended

(

a) in subsection (1) by striking out "of $250 a day must be made from the annual indemnity" and substituting "determined by the Legislative Assembly Management

Committee must be made from the basic compensation" , and

(

b) in subsection (3) by striking out "of $250 a day must be made from the annual indemnity" and substituting "determined under subsection (1) must be made from the basic

compensation" .

29 The following

section is added:

Service recognition

33.1 A member who, immediately before June 19, 1996, has not served for 7 years or for

more than 2 Parliaments

(

a) is entitled to the recognition of the member's service on and after

June 19, 1996 when determining the member's eligibility for a superannuation allowance, and

(

b) is not entitled to recognition of the member's service on and after

June 19, 1996 when determining the amount of the superannuation

allowance payable.

Legislative Assembly Management Committee Act

Section 3 of the Legislative Assembly Management Committee Act, R.S.B.C. 1996, c. 258,

is amended

(

a) in subsection (1) by adding the following:

(d.1) payments of basic compensation and Capital City allowance to members of

the Legislative Assembly,

(d.2) payments of salaries to one or more of the members referred to in subsection

(1.1),

(d.3) the establishment of a voluntary group registered

retirement savings plan for members of the Legislative Assembly, , and

(

b) by adding the following subsections:

(1.1) The committee must determine the salaries payable to the following members of

the Legislative Assembly:

(

a) the Speaker;

(

b) the Deputy Speaker;

(

c) the Deputy Chair, Committee of the Whole;

(

d) the Leader of the Official Opposition;

(

e) the Leader of a recognized political party other than the government or

opposition;

(

f) the Government Whip;

(

g) the Deputy Government Whip;

(

h) the Opposition House Leader;

(

i) the House Leader of a recognized political party other than the government

or opposition;

(

j) the Official Opposition Whip;

(

k) the Party Whip of a recognized political party other than the government or

opposition;

(

l) the Government Caucus Chair;

(

m) the Official Opposition Caucus Chair;

(

n) the Caucus Chair of a recognized political party other than the government

or opposition;

(

o) the Chair of Select Standing or Special Committees.

(1.2) Despite the Income Tax Act , a Capital City allowance payable to a member under

subsection (1) (d.1) is deemed not to be wages within the meaning of that Act,

and not to form part of the income of that member for any purpose of that Act.

31 The following

section is added:

Appropriation

6.1 Money required to be provided by or paid on behalf of the government under this Act

must be provided or paid by the Minister of Finance and Corporate Relations from

money appropriated for that purpose by the Legislative Assembly or, in the absence of

and adequate appropriation for that purpose, from the consolidated revenue fund.

Motor Vehicle Act

Section 82 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following

substituted:

Records and proof

(1) If a record is kept by the Insurance Corporation of British Columbia or the superintendent under this Act or the regulations, the corporation or superintendent, as

the case may be, may

(

a) have the record photocopied,

(

b) have the record or its contents stored in electronic format,

(

c) have the record or its contents reproduced on a record that enables the

information to be subsequently displayed or immediately accessible in

visible form, or

(

d) keep the record or its contents in any other prescribed manner.

(2) If information from a record to be kept by the Insurance Corporation of British

Columbia or the superintendent is converted into another format under subsection

(1), the corporation or the superintendent, as the case may be, may destroy the

paper format of the record and the information, in the format into which it has

been converted, is deemed to be the record so converted.

(3) If records are kept by the Insurance Corporation of British Columbia or the superintendent otherwise than in paper format, the corporation or the superintendent,

as the case may be, must provide, in intelligible form, any copy of those records

that, under this Act or the regulations, the corporation or the superintendent, as

the case may be, is required to provide.

(4) A copy of, or extract from, a record kept in a format other than an electronic

format by the Insurance Corporation of British Columbia or the superintendent

under this Act or the regulations, certified to be a true copy or extract by an officer

of the corporation or by the superintendent, as the case may be, is

(

a) evidence of the record or of the part of the record extracted and of the facts

stated in the record or the part of the record, and

(

b) conclusive proof that the corporation or the superintendent, as the case may

be, is the keeper of the record, in fulfillment of the corporation's or the

superintendent's responsibility under this section.

(5) A reproduction in paper format of a record kept in electronic format by the

Insurance Corporation of British Columbia or the superintendent is evidence of

the record and of the facts stated in the record, and is conclusive proof that the

corporation or the superintendent, as the case may be, is the keeper of the record,

in fulfillment of the corporation's or the superintendent's responsibility under this

section, if

(

a) the reproduction is certified to be a true copy by an officer of the corporation

or by the superintendent, as the case may be, or

(

b) the reproduction contains a statement to the effect that the reproduction is

an authentic reproduction of information stored in a database in electronic

format by the corporation or by the superintendent, as the case may be.

(6) A record of information, based on the records kept by the Insurance Corporation

of British Columbia or by the superintendent under this Act or the regulations, is

evidence of the facts contained in the record if

(

a) the information is contained in a certificate of an officer of the corporation

or of the superintendent, as the case may be, or

(

b) the record contains a statement to the effect that the record is an authentic

reproduction of information stored in a database in electronic format by the

corporation or by the superintendent, as the case may be.

(7) Proof is not required of the signature or official position of a person certifying the

truth of a copy or extract, or giving a certificate under this section, and a facsimile

signature purporting to be the signature of a person required to sign or certify a

record under this Act or the regulations is evidence of the signature and of the

authority for the use of the facsimile signature.

(8) A certificate or other record referred to in subsection (4), (5) or (6) must be

received in all courts for the purposes of those subsections without proof that the

certificate or other record was kept or provided with lawful authority.

(9) This

section is in addition to and not in substitution for any provision of this or

any other enactment respecting the retention, certification or use of records by the

Insurance Corporation of British Columbia or the superintendent including,

without limitation, any provision that

(

a) allows the corporation or the superintendent, as the case may be, to retain

records in any format,

(

b) allows for certification of records by the corporation or by the superintendent, as the case may be, in any manner, or

(

c) allows any record to stand as evidence of any fact or matter.

(10) The Insurance Corporation of British Columbia is responsible for keeping, and

has ownership, custody and control of, the records that are prescribed for the

purpose of this subsection by the Lieutenant Governor in Council and of other

records pertinent to the corporation's powers, duties and functions under this Act

or any other enactment.

(11) The superintendent is responsible for keeping, and has custody and control of, the

records that are prescribed for the purpose of this subsection by the Lieutenant

Governor in Council and of other records pertinent to the superintendent's

powers, duties and functions under this Act or any other enactment.

Section 210 (2) is amended by adding the following paragraph:

(

r) respecting the manner in which records or their contents may be kept by the

corporation or the superintendent.

Section 82.1 (1) of the Motor Vehicle Act, as amended by

section 16 of the Supplement to

the Motor Vehicle Act, is amended by striking out "section 82 (6)." and substituting

"section 82 (10)."

Teaching Profession Act

Section 1 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended by adding

the following definition:

"zone" means a zone established by regulation under

section 6 (1).

Section 6 is amended

(

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

(1) The Lieutenant Governor in Council by regulation may

establish zones in British Columbia and specify the school districts in each

zone. , and

(

b) by adding the following subsection:

(3) A regulation under subsection (1) that is made before September 30, 1997 may

be made retroactive to a date on or after March 1, 1997 and, if made retroactive,

is conclusively deemed to have come into force and have effect

(

a) on and after the date specified, and

(

b) for the purposes of an election held on or after that date.

Section 9 is amended

(

a) in subsection (2) (

a) by striking out "the

Schedule in 1995 and" and "after that" ,

(

b) in subsection (2) (

b) by striking out "the

Schedule in 1996 and" and "after that" , and

(

c) by repealing subsection (3) and substituting the following:

(3) The term of office of an elected member of council is 2 years from August 1

following the date of the election of the member.

Section 22 is renumbered as

section 22 (1) and the following subsections are added:

(2) For the purposes of determining whether a former member who does not hold a

certificate of qualification has been guilty of professional misconduct or other

conduct unbecoming a member of the college, sections 23 (1) (

c) and (

n) and (3),

28 (4) and (5), 30 (2), 32 (1), 33, 34 and 40 apply to that former member as if the

former member was a member.

(3) If a former member who holds a certificate of qualification ceases to hold the

certificate of qualification after a report or complaint is received or a preliminary

investigation or inquiry is commenced under

section 28 (4) or (5), subsection

(2) applies for the purposes of completing action or taking further action respecting

the matter.

(4) If a former member does not hold a certificate of qualification and an adverse

determination respecting the former member is made under

section 34 (b), the

council, by a resolution passed by the votes of a majority of the council members

present at a duly constituted meeting of the council, may

(

a) reprimand the former member, or

(

b) direct that, for a set or indeterminate period, the former member is barred

from membership and may not be issued a certificate of qualification.

(5) If the council has given a reprimand or made a direction under subsection (4), the

registrar must, unless otherwise directed by the council,

(

a) notify each board in British Columbia,

(

b) notify the minister, and

(

c) record the reprimand or direction in the register of members.

Section 24 (1) is amended by striking out "Deputy Attorney General" and substituting

"minister" .

Section 28 is amended

(

a) by repealing subsection (4) (a), and

(

b) by adding the following subsection:

(4.1) If a grievance has been taken under the terms of a collective agreement respecting

a dismissal, suspension or other disciplinary action reported under

section 16 of

the School Act, the council or disciplinary committee must not proceed under

subsection (4) in response to the report until the grievance procedure has been

concluded.

41 The

Schedule is repealed.

Transitional

Transitional – Highway Act

(1) Effective on April 1, 1997 all highways

in British Columbia that, at the end of the day on March 31, 1997, were secondary

highways, as then defined in

section 30 of the Highway Act , R.S.B.C.

1979, c. 167,

(

a) cease to be classified as secondary highways under that Act or for the

purposes of any other enactment, and

(

b) become municipal highways for all purposes.

(2) This

section and

Part 3 of the Highway Act as amended by this Act prevail where

inconsistent or in conflict with any agreement made with and ratified by bylaw of

a municipal council of any municipality and must be given effect despite any

agreement with a municipality or any municipal bylaw.

(3) Sections 13 to 16 and 45 (2) do not give rise to any claim for compensation or

damages.

Transitional – Land Tax Deferment Act

(1) In this section:

"eligible person" means a person who becomes eligible to apply for tax deferral

under the Land Tax Deferment Act because of the amendment made by this Act

section 5 (1) (d) (iii) of that Act;

"property" means the property of the applicable eligible person to which an

agreement referred to in subsection (2) relates;

"tax" means tax as defined in the Land Tax Deferment Act ;

"tax Act" means tax Act as defined in the Land Tax Deferment Act .

(2) If an eligible person applies under

section 5 of the Land Tax Deferment Act before

October 1, 1997, the minister may approve the application and enter into an

agreement under

section 6 of that Act for the 1997 taxation year, whether or not

all or part of the tax levied for the 1997 taxation year on the person's property has

been paid.

(3) An application referred to in subsection (2) that is filed with the municipal

collector or government before this

section comes into force may be held for

consideration under

section 6 of the Land Tax Deferment Act after this

section

comes into force, even though the applicant became an eligible person after the

application was filed.

(4) In relation to an agreement referred to in subsection (2),

(

a) despite any tax Act, no penalty or interest is payable by the eligible person

in relation to tax levied for the 1997 taxation year on the person's property,

other than the interest payable under the agreement or under the Land Tax

Deferment Act or the regulations under that Act, and

(

b) if the eligible person has paid all or part of the tax levied for the 1997

taxation year on the person's property, including any penalty in relation to

that tax, the minister must refund to the eligible person, out of the consolidated revenue fund, the amount of tax and penalty paid by that person.

Transitional – Legislative Assembly Management Committee

Act

(1) The rates determined by the Legislative Assembly Management Committee

under the Legislative Assembly Management Committee Act for the 1997/98

fiscal year apply with respect to the fiscal year beginning on April 1, 1997.

(2) A group registered retirement savings plan established under the Legislative

Assembly Management Committee Act may be made effective as of

June 19, 1996.

Commencement

(1) Section 6 is deemed to have come into force on December 26, 1996 and is

retroactive to the extent necessary to give it effect on and after that date.

(2) Sections 9, 10, 11 to 16 and 42

(

a) are deemed to have come into force on April 1, 1997 and are retroactive to

the extent necessary to give them effect on and after that date,

(

b) must be applied to, and must be given effect in, every action, suit and other

proceeding, whether commenced before, on or after April 1, 1997, and

(

c) must not be construed as lacking retroactive effect in relation to any matter

because they make no specific reference to that matter.

(3) Sections 1 to 5, 7, 12 and 35 to 41 come into force by regulation of the Lieutenant

Governor in Council.

(4) When brought into force by regulation,

section 41 is retroactive to the extent

necessary to give effect to a regulation described by

section 6 (3) of the Teaching

Profession Act, as enacted by

section 36 (

b) of this Act.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

Child, Youth and Family Advocacy Act

(Ministry for Children and Families)

SECTION 1: [Child, Youth and Family Advocacy Act, enacts

section 4.1] provides that

conflicts of interest that arise during advocacy between a child or youth and an

adult family member must be resolved in favour of the child or youth.

Company Act

(Ministry of Finance and Corporate Relations)

SECTION 2: [Company Act, amends

section 1 (1)] defines a limited liability company.

SECTION 3: [Company Act, amends

section 252] prevents companies from using the

compromise or arrangement sections of the Company Act if the primary

purpose for the compromise or arrangement is to compulsorily take shares

from minority shareholders.

SECTION 4: [Company Act, enacts Division 5 to

Part 10] provides for the registration of

limited liability companies in a similar manner to that for extraprovincial

companies and allows the Lieutenant Governor in Council to make regulations

respecting the information and records to be filed, issued or maintained by and

for a limited liability company.

SECTION 5: [Company Act, repeals

section 321] repeals the provision that sets the hours of

the Corporate Registry.

SECTION 6: [Company Act, enacts

section 321.1] allows the registrar to suspend one or

more services of the Corporate Registry when it is impracticable for the service

to be provided and allows for recording the date on which the services were

suspended as the date of the delivery, filing and registration of documents if the

registrar is satisfied that the records would have been delivered, filed or registered on that date but for the suspension of services.

SECTION 7: [Company Act, amends

section 350] allows the Lieutenant Governor in

Council to make regulations respecting the location and hours of the Corporate

Registry.

Constitution Act

SECTION 8: [Constitution Act, repeals and replaces

section 26 (1) (a)] is consequential to

the changes made to the Legislative Assembly Management Committee Act by

this Bill.

Creston Valley Wildlife Act

(Ministry of Environment, Lands and Parks)

SECTIONS 9 and 10: [Creston Valley Wildlife Act, amend sections 1 and 34 (2)] are consequential

to the amendments made by this Bill to the Highway Act and provide that

effective on April 1, 1997 highways that until that date were secondary

highways cease to be so classified.

Ferry Corporation Act

(Ministry of Employment and Investment)

SECTION 11: [Ferry Corporation Act, amends

section 16 (1)] raises borrowing limit

approved by Treasury Board for the corporation's anticipated borrowing in

1997/98 and 1998/99.

Forest Renewal Act

(Ministry of Forests)

SECTION 12: [Forest Renewal Act, amends

section 11] changes the funding formula under

which Forest Renewal BC receives, out of the consolidated revenue fund,

money representing a certain part of the government's royalty and stumpage

revenue under the Forest Act .

Highway Act

(Ministry of Transportation and Highways)

SECTION 13: [Highway Act, re-enacts sections 27 to 29] amends the Act to remove the

Province's statutory authority to classify highways within municipalities as

"secondary highways", while retaining the Province's authority to classify

certain highways within municipalities as arterial highways. This means that,

beginning with the 1997-98 fiscal year of the government,

Part 3 of the Act will

no longer provide a mechanism for the ministry to share with municipalities the

costs of the construction and maintenance of "secondary" municipal highways.

SECTION 14: [Highway Act, re-enacts

section 30] amends the Act so that

section 30 will no

longer refer to secondary highways.

SECTION 15: [Highway Act, repeals sections 33, 34 and 37] as a consequence of the other

amendments made by this Bill, removes each of the following:

the requirement that municipalities provide estimates of expenditures for the costs of construction and maintenance of secondary highways;

the provision for apportionment of costs for secondary highways through more than one municipality;

the power of the ministry to monitor standards of maintenance by municipalities of secondary highways.

SECTION 16: [Highway Act, amends

section 38] removes the Lieutenant Governor in

Council's power to specify the nature and quality of material and work for

construction and maintenance of secondary highways.

Insurance Corporation Act

(Ministry of Finance and Corporate Relations)

SECTION 17: [Insurance Corporation Act, amends

section 3 (4)] transfers the power to set

the remuneration of the directors of the Insurance Corporation of British

Columbia from the board of the corporation to the Lieutenant Governor in

Council.

SECTION 18: [Insurance Corporation Act, enacts

section 8.1] allows the corporation to

retain and certify records electronically and makes reproduced records

evidence of their contents and validity subject to the right of any party to prove

the contrary.

SECTION 19: [Insurance Corporation Act, amends

section 41] allows the Lieutenant

Governor in Council to prescribe the manner in which records or their contents

may be kept by the corporation.

Insurance (Motor Vehicle) Act

(Ministry of Finance and Corporate Relations)

SECTION 20: [Insurance (Motor Vehicle) Act, repeals

section 10] repeals a

section rendered

unnecessary by the addition by this Bill of

section 8.1 to the Insurance Corporation Act .

Land Tax Deferment Act

(Ministry of Finance and Corporate Relations

SECTION 21: [Land Tax Deferment Act, repeals and replaces

section 5 (1) (d) (iii)] allows

land tax deferment by persons with disabilities, regardless of whether or not

they are receiving an allowance or benefit under the Disability Benefits

Program Act .

Legal Services Society Act

(Ministry of Attorney General)

SECTION 22: [Legal Services Society Act, amends

section 1] provides a definition for "legal

aid".

SECTION 23: [Legal Services Society Act, repeals and replaces

section 5 (7)] provides for a

term of office for directors that is not more than 3 years.

SECTION 24: [Legal Services Society Act, enacts

section 19] allows for the

Lieutenant Governor in Council to appoint an official trustee to manage the

Legal Services Society if it appears necessary to do so to ensure the continued

provision of legal aid.

Legislative Assembly Allowances and Pension Act

SECTIONS 25 to 27: [Legislative Assembly Allowances and Pension Act, amends sections 1 and 6

and repeals sections 2, 3, 4, (1) to (5) and (10) to (13) and 5] are consequential

to the changes made to the Legislative Assembly Management Committee Act

by this Bill.

SECTION 28: [Legislative Assembly Allowances and Pension Act, amends

section 10]

authorizes the Legislative Assembly Management Committee to set the penalty

rates recommended by the Citizens' Panel Report on MLA compensation.

SECTION 29: [Legislative Assembly Allowances and Pension Act, enacts

section 33.1] gives

recognition to a member's service on and after June 19, 1996 for the purposes

of determining the member's eligibility for a superannuation allowance under

Part 2 of the Legislative Assembly Allowances and Pension Act.

Legislative Assembly Management Committee Act

SECTION 30: [Legislative Assembly Management Committee Act, amends

section 3] allows

the Legislative Assembly Management Committee to implement the changes

recommended by the Citizens' Panel Report on MLA compensation.

SECTION 31: [Legislative Assembly Management Committee Act, enacts

section 6.1]

provides an appropriation for money that is payable under the Act.

Motor Vehicle Act

(Ministry of Transportation and Highways)

SECTION 32: [Motor Vehicle Act, re-enacts

section 82] allows the corporation and the

superintendent to retain and certify records electronically and makes reproduced records evidence of their contents and validity subject to the right of any

party to prove the contrary.

SECTION 33: [Motor Vehicle Act, adds

section 210 (2) (r)] allows the Lieutenant Governor in Council to prescribe the manner in which records or their

contents may be kept by the corporation or the superintendent.

SECTION 34: [Motor Vehicle Act, amends

section 82.1, as amended by the Supplement to

the Motor Vehicle Act] harmonizes the language of

section 82.1 of the Motor

Vehicle Act with

section 82 of the Motor Vehicle Act as re-enacted by this Bill.

Teaching Profession Act

(Ministry of Education, Skills and Training)

SECTION 35: [Teaching Profession Act, amends

section 1] adds a definition of "zone" to the

Act as this term has a special meaning in several places in the Act.

SECTIONS 36 and 37: [Teaching Profession Act, amend sections 6 and 9] provide that the electoral

zones for the College of Teachers will be established by regulation rather than

by a

schedule of the Act. The capacity to make regulations retroactive to

March 1, 1997 is to allow the annual elections to be held at their regular time

in 1997 in new zones established to reflect recent school district consolidations.

SECTION 38: [Teaching Profession Act, adds

section 22 (2) to (5)] broadens

section 22 of

the Teaching Profession Act to cover former members of the college who do not

hold certificates of qualification.

SECTION 39: [Teaching Profession Act, amends

section 24 (1)] allows the bylaws of the

council to be filed in the ministry that administers the Act.

SECTION 40: [Teaching Profession Act, amends

section 28] clarifies the intent of

section 28

of the Act, which is that a preliminary investigation into the conduct or competence of a teacher by the council of the College of Teachers, or by its disciplinary committee, may be undertaken without delay in response to the report

of a school board made under

section 16 of the School Act following disciplinary action by the school board respecting the teacher, provided only that

any grievance proceeding actually taken under a collective agreement

respecting that disciplinary action is concluded first.

SECTION 41: [Teaching Profession Act, repeals the

Schedule to the Act] is consequential to

the amendment made to

section 6 of the Act, which provides that the electoral

zones for the College of Teachers will be established by regulation rather than

by a

schedule of the Act.

SECTION 42: [Highway Act, transitional] provides that amendments made by this Bill do

not give rise to any claim for compensation or damages.

SECTION 43: [Land Tax Deferment Act, transitional] establishes special eligibility provisions in relation to the 1997 taxation year for persons affected by the proposed

amendment to

section 5 of the Land Tax Deferment Act.

SECTION 44: [Legislative Assembly Allowances and Pension Act, Transitional] allows the

rates and group RRSP authorized by the amendments to the Legislative

Assembly Management Committee Act made by this Bill to be retrospective in

application.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada