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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GARY COLLINS

MINISTER OF FINANCE

BILL 2 – 2002

BUDGET MEASURES IMPLEMENTATION ACT, 2002

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

Emergency Program Act

Section 16 (1) of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by adding

", under

section 7 or 10 (1) (a)," after "Provincial emergency

measures" .

Financial Administration Act

Section 56.1 of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended

(

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

(1) In this section:

"appropriate minister" means,

(

a) in relation to an institution established under

an Act, the minister charged with the administration of the Act, or

(

b) in relation to any other institution, the minister specified by the Lieutenant Governor in Council;

"institution" means

(

a) a board or a francophone education authority as defined in the School

Act ,

(

b) a university or an institution as defined in the College and Institute

Act ,

(

c) the British Columbia Institute of Technology,

(

d) the agency as defined in the Open Learning Agency

Act ,

(

e) a regional hospital district as defined in the Hospital District

Act ,

(

f) British Columbia Transit,

(

g) Rapid Transit Project 2000 Ltd., or

(

h) any other organization designated by the Lieutenant Governor in Council. , and

(

b) in subsection (2) by striking out "The Minister of Finance and Corporate Relations"

and substituting "The appropriate minister" .

Financial Information Act

Schedule 1 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out

" Forest Renewal Act " .

Schedule 2 is amended by striking out " Fisheries Renewal

BC " .

Fish Protection Act

5 The Fish Protection Act, S.B.C. 1997, c 21 is amended

(

a) by repealing

section 7 (9) and substituting the following:

(9) The Lieutenant Governor in Council may, by order, direct Fisheries Renewal BC to provide assistance to the development of a recovery plan or the implementation of an approved recovery plan.

(10) The Lieutenant Governor in Council may, by order, direct Forest Renewal BC to provide assistance to the development of a recovery plan or the implementation of an approved recovery plan. ,

(

b) by repealing

section 7 (9), and

(

c) by repealing

section 7 (10).

Fisheries Renewal Act

6 The Fisheries Renewal Act, S.B.C. 1997, c. 22, is repealed.

Forest Practices Code of British Columbia Act

Section 70 (4) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by striking out

"Without limiting subsections (2) to (3.1)," and substituting "Without limiting subsection (2) or (3)," .

Forest Renewal Act

8 The Forest Renewal Act, R.S.B.C. 1996, c. 160, is repealed.

9 The Supplement to the Forest Renewal Act is repealed.

Forests Statutes Amendment Act, 1997

10 Sections 44 (

e) and (f), 54, 63, 67, 68 (a), 72, 82, 85, 93, 96 (d), 98, 99, 124, 144, 145 (

c) and 146 of the Forests Statutes Amendment Act, 1997,

S.B.C. 1997, c. 48, are repealed.

Section 108 (

a) is amended in

section 118 (1) (

a) of the Forest Practices Code of British Columbia Act by striking out

"including an agreement holder who is the holder of an agreement with Forest Renewal

BC" .

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Public Body:

Fisheries Renewal BC

Head:

Chair

Public Body:

Forest Renewal BC

Head:

Chair

Public Body:

New Forest Opportunities Ltd.

Head:

CEO, Forest Renewal BC

Public Body:

Office of the Jobs and Timber Accord Advocate

Head:

CEO, Forest Renewal BC .

Grazing Enhancement Special Account Act

13 The Grazing Enhancement Special Account Act, R.S.B.C. 1996, c. 175, is repealed.

Industrial Development Incentive Act

14 The Industrial Development Incentive Act, R.S.B.C. 1996, c. 221, is repealed.

Job Protection Act

15 The

Schedule of the Job Protection Act, R.S.B.C. 1996, c. 240, is amended by striking out

"Industrial Development Incentive Act" .

Miscellaneous Statutes Amendment Act (No. 3), 1997

Section 12 of the Miscellaneous Statutes Amendment Act (No. 3), 1997, S.B.C. 1997, c. 29, is repealed.

Natural Resource Community Fund Act

17 The Natural Resource Community Fund Act, R.S.B.C. 1996, c. 331, is repealed.

Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000

Section 38 of the Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000,

S.B.C. 2000, c. 11, is repealed.

Science and Technology Fund Act

19 The Science and Technology Fund Act, R.S.B.C. 1996, c. 414, is repealed.

Small Business Development Act

20 The Small Business Development Act, R.S.B.C. 1996, c. 428, is repealed.

Waste Management Act

Section 56.1 (1) (

e) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by striking out

"Fisheries Renewal BC or" .

Water Act

Section 41.1 (1) (

e) of the Water Act, R.S.B.C. 1996, c. 483, is amended by striking out

"Fisheries Renewal BC or" .

Section 95 (1) (e), as enacted by

section 99 of the Drinking Water Protection Act,

S.B.C. 2001, c. 9, is amended by striking out

"Fisheries Renewal BC or" .

Wildlife Act

Section 84.1 (1) (e) (

i) of the Wildlife Act, R.S.B.C. 1996, c. 488, is repealed.

Transitional – Fisheries Renewal BC

(1) On the repeal of the Fisheries Renewal

Act ,

(

a) Fisheries Renewal BC is dissolved,

(

b) the appointment of each director of Fisheries Renewal BC is rescinded,

(

c) all of the rights, property and assets of Fisheries Renewal BC are transferred to and vested in the government, and

(

d) the government assumes all obligations and liabilities of Fisheries Renewal BC.

(2) On and after the date on which the Fisheries Renewal Act is repealed, a reference to Fisheries Renewal BC in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.

Transitional Appropriation – Fisheries Renewal Act

26 Money required to be paid out in respect of obligations and liabilities of Fisheries Renewal BC assumed by the government under

section 25 (1) (

d) may be paid out of the consolidated revenue fund.

Transitional – Fisheries Renewal Act

27 Sections 17 and 19 of the Fisheries Renewal Act do not apply with respect to the 2002-2003 fiscal year.

Transitional – Forest Renewal BC

(1) On the repeal of the Forest Renewal

Act ,

(

a) Forest Renewal BC and each committee established under

section 5 of the Forest Renewal Act are dissolved,

(

b) the appointment of each member of the board of Forest Renewal BC, and of each committee member appointed under

section 5 of the Forest Renewal

Act , is rescinded,

(

c) all of the rights, property and assets of Forest Renewal BC are transferred to and vested in the government, and

(

d) the government assumes all obligations and liabilities of Forest Renewal BC.

(2) On and after the date on which the Forest Renewal Act is repealed, a reference to Forest Renewal BC in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.

Transitional Appropriation – Forest Renewal Act

29 Money required to be paid out in respect of obligations and liabilities of Forest Renewal BC assumed by the government under

section 28 (1) (

d) may be paid out of the consolidated revenue fund.

Transitional – Forest Renewal Act

Section 10 (6) and (7) of the Forest Renewal Act does not apply in respect of the

2002-2003 fiscal year.

Transitional – Natural Resource Community Fund Act

31 On the repeal of the Natural Resource Community Fund

Act , the balance in the Natural Resource Community Fund is transferred to and becomes part of the general fund of the consolidated revenue fund.

Commencement

32 Sections 3, 4, 5 (

b) and (c), 6 to 12, 16, 21 to 26, 28 and 29 come into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Emergency Program Act

SECTION 1: [Emergency Program Act, amends

section 16 (1)] limits expenditures from

the appropriation provided by the

section to respond to and recover from

imminent and actual emergencies or disasters.

Financial Administration Act

SECTION 2: [Financial Administration Act, amends

section 56.1] transfers to line

ministers the authority to make prepaid capital advances.

Financial Information Act

SECTION 3: [Financial Information Act, amends

Schedule 1] is consequential to the

repeal of the Forest Renewal Act.

SECTION 4: [Financial Information Act, amends

Schedule 2] is consequential to the

repeal of the Fisheries Renewal Act.

Fish Protection Act

SECTION 5: [Fish Protection Act, amends

section 7] is consequential to the repeal of the

Fisheries Renewal Act .

Fisheries Renewal Act

SECTION 6: [Fisheries Renewal Act, repeals the Act] is self explanatory.

Forest Practices Code of British Columbia Act

SECTION 7: [Forest Practices Code of British Columbia Act, amends

section 70 (4)] is

consequential to the repeal of the Forest Renewal Act .

Forest Renewal Act

SECTION 8: [Forest Renewal Act, repeals the Act] is self explanatory.

SECTION 9: [Forest Renewal Act, repeals the Supplement] is self explanatory.

Forests Statutes Amendment Act, 1997

SECTION 10: [Forests Statutes Amendment Act, 1997, repeals sections 44 (

e) and (f), 54,

63, 67, 68 (a), 72, 82, 85, 93, 96 (d), 98, 99, 124, 144, 145 (

c) and 146] is

consequential to the repeal of the Forest Renewal Act .

SECTION 11: [Forests Statutes Amendment Act, 1997, amends

section 108 (a)] is consequential

to the repeal of the Forest Renewal Act .

Freedom of Information and Protection of Privacy Act

SECTION 12: [Freedom of Information and Protection of Privacy Act, amends

Schedule 2]

is consequential to the repeal of the Fisheries Renewal Act and the Forest

Renewal Act .

Grazing Enhancement Special Account Act

SECTION 13: [ Grazing Enhancement Special Account Act, repeals the Act] is self explanatory.

Industrial Development Incentive Act

SECTION 14: [Industrial Development Incentive Act, repeals the Act] is self explanatory.

Job Protection Act

SECTION 15: [Job Protection Act, amends the Schedule] is consequential to the repeal of

the Industrial Development Incentive Act .

Miscellaneous Statutes Amendment Act (No. 3), 1997

SECTION 16: [Miscellaneous Statutes Amendment Act (No. 3), 1997, repeals

section 12] is

consequential to the repeal of the Forest Renewal Act .

Natural Resource Community Fund Act

SECTION 17: [Natural Resource Community Fund Act, repeals the Act] is self explanatory.

Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000

SECTION 18: [Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000,

repeals

section 38] removes a not-in-force amendment to the Natural Resource

Community Fund Act .

Science and Technology Fund Act

SECTION 19: [Science and Technology Fund Act, repeals the Act] is self explanatory.

Small Business Development Act

SECTION 20: [Small Business Development Act, repeals the Act] is self explanatory.

Waste Management Act

SECTION 21: [Waste Management Act, amends

section 56.1 (1) (e)] is consequential to the

repeal of the Fisheries Renewal Act .

Water Act

SECTION 22: [Water Act, amends

section 41.1 (1) (e)] is consequential to the repeal of the

Fisheries Renewal Act .

SECTION 23: [Water Act, amends

section 95 (1)] is consequential to the repeal of the

Fisheries Renewal Act .

Wildlife Act

SECTION 24: [Wildlife Act, amends

section 84.1 (1) (e) (i)] is consequential to the repeal of

the Fisheries Renewal Act .

SECTION 25: [Transitional – Fisheries Renewal BC] dissolves the corporation established

under the Fisheries Renewal Act, rescinds appointments to its board and

transfers its assets and liabilities to the government deems references to

Fisheries Renewal BC in documents to be references to the government.

SECTION 26: [Transitional Appropriation – Fisheries Renewal Act] provides authority to

pay any Fisheries Renewal BC debts or liabilities assumed by the government

out of the consolidated revenue fund.

SECTION 27: [Transitional – Fisheries Renewal Act] disapplies the provisions of the Act

that require a business plan and public meeting prior to the 2002--2003 fiscal

year.

SECTION 28: [Transitional – Forest Renewal BC] dissolves Forest Renewal BC and its

committees, rescinds appointments to the board of Forest Renewal BC and to

its committees, transfers all Forest Renewal BC assets and liabilities to the

government and deems references to Forest Renewal BC in documents to be

references to the government.

SECTION 29: [Transitional Appropriation – Forest Renewal Act] provides authority to pay

any Forest Renewal BC debts or liabilities assumed by the government out of

the consolidated revenue fund.

SECTION 30: [Transitional – Forest Renewal Act] disapplies the provisions of the Act that

require a business plan be prepared and presented to the Legislative Assembly

for the 2002--2003 fiscal year.

SECTION 31: [Transitional – Natural Resource Community Fund Act] transfers the

balance in the special fund under the Natural Resource Community Fund Act

to the general fund of the consolidated revenue fund.

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