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2008 Legislative Session: 4th Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE WALLY OPPAL

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR MULTICULTURALISM

BILL 43 – 2008

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 2), 2008

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

Attorney General Statutes Amendment Act, 2007

(Ministry of Attorney General)

SECTION 1: [Attorney General Statutes Amendment Act, 2007,

section 47] is

consequential to proposed changes to the Motor Vehicle Act made by this Bill.

Section 47 (

c) of the Attorney General Statutes Amendment Act, 2007, S.B.C. 2007, c. 14, as it enacts

section 26 (1) (

g) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(

g) is refused a driver's licence in another province for failure to pay maintenance, support or alimony in that province.

Builders Lien Act

(Ministry of Economic Development)

SECTION 2: [Builders Lien Act,

section 1.1] amends the exemption

section to include a

reference to the Transportation Investment Corporation.

Section 1.1 (

a) of the Builders Lien Act, S.B.C. 1997, c. 45, is amended by adding " the Transportation Investment Corporation, " after " Minister of Transportation, ".

Community Charter

(Ministry of Community Services)

SECTION 3: [Community Charter,

section 119] provides for the end of the term of office

for a council member appointed to office.

Section 119 of the Community Charter, S.B.C. 2003, c. 26, is amended by adding the following subsection:

(1.1) Subject to subsections (3) and (4), the term of office for a council member appointed to office ends immediately before the first council meeting date referred to in

section 125 (1) that follows the next general local election.

(Ministry of Community Services)

SECTION 4: [Community Charter,

section 279] provides for consistent wording respecting

the issue of letters patent.

Section 279 is amended by striking out " the Lieutenant Governor in Council may not issue letters patent incorporating the new municipality " and substituting " letters patent incorporating the new municipality may not be issued ".

Employment Standards Act

(Ministry of Labour and Citizens' Services)

SECTION 5: [Employment Standards Act,

section 52.2] authorizes reservist employees to

take unpaid leave from their employment while deployed to a Canadian Forces

operation.

5 The Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by adding the following section:

Reservists' leave

52.2

(1) In this section:

"Canadian Forces" has the same meaning as in

section 14 of the National Defence Act (Canada);

"reservist" means a member of the reserve force, as defined in

section 2 (1) of the National Defence Act (Canada).

(2) Subject to the regulations, an employee who is a reservist and who requests leave under this

section is entitled to unpaid leave, for the period described in subsection (3), if

(

a) the employee is deployed to a Canadian Forces operation outside Canada or is engaged, either inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation,

(

b) the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath, or

(

c) the prescribed circumstances apply.

(3) An employee who is a reservist is entitled to take leave under this

section for the prescribed period or, if no period is prescribed, for as long as subsection (2) (a), (

b) or (

c) applies to the employee.

(4) Subject to subsection (5), a request for leave must

(

a) be in writing,

(

b) be given to the employer,

(

i) unless subparagraph (ii) or (iii) applies, at least 4 weeks before the employee proposes to begin leave,

(ii) in the case of leave under subsection (2) (

a) or (b), if the employee receives notice of the deployment less than 4 weeks before it will begin, as soon as practicable after the employee receives the notice, or

(iii) in the case of leave under subsection (2) (c), within the prescribed period, and

(

c) include the date the employee proposes to begin leave and the date the employee proposes to return to work.

(5) If circumstances require leave to be taken beyond the date specified in the request under subsection (4) (c), the employee must

(

a) notify the employer of the need for the extended leave and of the date the employee now proposes to return to work, and

(

b) provide the notice referred to in paragraph (a),

(

i) unless subparagraph (ii) or (iii) applies, at least 4 weeks before the date the employee had proposed, in the request under subsection (4), to return to work,

(ii) in the case of leave under subsection (2) (

a) or (b), if the employee receives notice of the extended deployment less than 4 weeks before the date referred to in subparagraph (i), as soon as practicable after the employee receives the notice, or

(iii) in the case of a leave under subsection (2) (c), within the prescribed period.

(6) If an employee who is a reservist proposes to return to work earlier than specified in the request submitted under subsection (4) or the notice provided under subsection (5), if applicable, the employee must notify the employer of this proposal at least one week before the date the employee proposes to return to work.

(7) An employer may require an employee who takes leave under this

section to provide further information respecting the leave.

(8) If an employer requires an employee to provide further information under subsection (7), the employee must

(

a) provide the prescribed information in accordance with the regulations, or

(

b) if no information is prescribed, provide information reasonable in the circumstances to explain why subsection (2) (a), (

b) or (

c) applies to the employee and provide it within a reasonable time after the employee learns of the requirement under subsection (7).

(Ministry of Labour and Citizens' Services)

SECTION 6: [Employment Standards Act,

section 56] provides that a provision requiring

employers to continue making payments to a pension, medical or other plan

beneficial to an employee does not apply with respect to reservist employees

on leave under

section 52.2 of that Act, as added by this Bill.

Section 56 is amended by adding the following subsection:

(5) Subsection (2) does not apply to an employee on leave under

section 52.2.

(Ministry of Labour and Citizens' Services)

SECTION 7: [Employment Standards Act,

section 127] is consequential to the addition of

section 52.2 of the Act by this Bill.

Section 127 (2) is amended by adding the following paragraph:

(

u) for the purposes of

section 52.2,

(

i) restricting the number of leaves within a specified period of time to which an employee who is a reservist is entitled,

(ii) prescribing circumstances for the purposes of subsection (2) (

c) of that

section and periods of time for the purposes of subsections (3), (4) (b) (iii) and (5) (b) (iii) of that section, and

(iii) respecting information to be provided for the purposes of subsection (8) of that section.

Environmental Management Act

(Ministry of Environment)

SECTION 8: [Environmental Management Act,

section 31] removes a reference to

supplementary letters patent.

Section 31 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by striking out " or supplementary letters patent ".

Final Agreement Consequential Amendments Act, 2007

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 9: [Final Agreement Consequential Amendments Act, 2007,

section 13] corrects a typographical error.

Section 13 (

c) of the Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36, as it amends

section 2 of the Assessment Act is repealed and the following substituted:

(

c) in paragraph (

b) by striking out " in the municipality " and substituting " in the municipality or treaty lands ".

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 10: [Final Agreement Consequential Amendments Act, 2007, sections 82 to 87] repeals inoperative sections that are replaced by other amendments in this Bill.

10 Sections 82 to 87 are repealed.

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 11: [Final Agreement Consequential Amendments Act, 2007,

section 90] corrects a typographical error.

Section 90 as it enacts

section 6.1 of the Home Owner Grant Act is amended by striking out " low income grant supplement " and substituting " low-income grant supplement ".

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 12: [Final Agreement Consequential Amendments Act, 2007,

section 113]

imposes an obligation on the registrar of land titles to cancel a notation on a title respecting limitations under a treaty first nation law on the transfer of the parcel of land if the law is repealed or ceases to apply to the land;

removes the requirement for approving officer approval of subdivision and references plans needed for the purpose of transferring treaty lands to a treaty first nation on the effective date of the final agreement;

imposes an obligation on a treaty first nation to give notice to the applicable land title office of a law requiring a certificate of transfer from the treaty first nation for the transfer of its treaty lands to any person other than the treaty first nation and to give notice of the repeal or amendment of such a law;

removes the requirement for approving officer approval of subdivision and references plans needed for the purpose of transferring land, not intended to become treaty lands, to a treaty first nation on the effective date of the final agreement.

Section 113 is amended as it enacts

Schedule 1 of the Land Title Act

(

a) by adding the following subsection to

section 3 of

Schedule 1:

(3) If the registrar receives notice under

section 28 (4) or (5) of this

Schedule indicating that

section 28 (1) of this

Schedule no longer applies in relation to a parcel referred to in subsection (1) of this section, the registrar must cancel the notation under subsection (1) (

c) of this

section in relation to the parcel. ,

(

b) by adding the following

section to

Schedule 1:

Approving officer approval not required

25.1

(1) For the purpose of registering the indefeasible title to treaty lands under

section 25,

(

a) sections 83 and 91 of the Act do not apply in relation to subdivision or reference plans that include those treaty lands and are required for that registration, and

(

b) a plan referred to in paragraph (

a) must be certified by the minister charged with the administration of the Treaty Commission Act as a plan to which this

section applies. ,

(

c) in

section 28 (1) of

Schedule 1 by striking out everything after paragraph (

a) and substituting the following:

(

b) the registrar

(

i) has received a notice under subsection (4) of the enactment of such a law and, according to the notice, that law is in force, and

(ii) has not received notice under subsection (5) of the repeal of that law or the repeal of that law, according to a notice under that subsection, is not in force

the registrar must not register the indefeasible title to a parcel of the treaty lands to which that law applies in a name other than the treaty first nation unless the application is accompanied by a certificate of the treaty first nation certifying that

(

c) the certificate is issued in accordance with the laws of the treaty first nation, and

(

d) the person named in the certificate as transferee of the parcel is a permitted transferee under those laws. ,

(

d) in

section 28 of

Schedule 1 by adding the following subsections:

(4) On or before the effective date of a law described in subsection (1) (a), or an amendment to the law changing the treaty lands to which it applies, the treaty first nation must give written notice to the registrar of the law or its amendment, setting out

(

a) a legal description of the parcels of treaty lands to which the law applies sufficient for the registrar to identify those lands in the records,

(

b) a legal description of the parcels of treaty lands to which the law no longer applies sufficient for the registrar to identify those lands in the records, and

(

c) the date the law or amendment comes into force.

(5) If a treaty first nation has given notice under subsection (4), on or before the effective date of the repeal of the entirety of a law of the treaty first nation enacted under the authority referred to subsection (1) (a), the treaty first nation must give written notice to the registrar of the repeal setting out

(

a) a legal description of the parcels of treaty lands to which the repeal applies sufficient for the registrar to identify those parcels in the records, and

(

b) the date the repeal comes into force. , and

(

e) by adding the following Part to

Schedule 1:

Part 4 – Treaty First Nation Fee Simple Lands

Definition

32 In this Part, "treaty first nation fee simple lands" means lands that on the effective date of a treaty first nation's final agreement

(

a) will be owned in fee simple by the treaty first nation in accordance with the final agreement, and

(

b) will not form any part of the treaty lands of that treaty first nation.

Approving officer approval not required

33 For the purpose of registering the indefeasible title to treaty first nation fee simple lands in the name of the treaty first nation on the effective date of the treaty first nation's final agreement,

(

a) sections 83 and 91 of the Act do not apply in relation to subdivision or reference plans that include those treaty first nation fee simple lands and are required for that registration, and

(

b) a plan referred to in paragraph (

a) must be certified by the minister charged with the administration of the Treaty Commission Act as a plan to which this

section applies.

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 13: [Final Agreement Consequential Amendments Act, 2007,

section 126] repeals amendments to

section 67 of the Motor Vehicle Act that will be made

Section 126 is repealed.

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 14: [Final Agreement Consequential Amendments Act, 2007,

section 132.1] amends

section 169.1 (4) (

b) of the Motor Vehicle Act , requiring drivers to yield

to buses pulling into traffic, to add a reference to buses operated by a treaty first

nation.

14 The following

section is added in numerical order under the Motor Vehicle Act heading:

132.1

Section 169.1 (4) (

b) is amended by striking out " operated by or on behalf of a person or municipality " and substituting " operated by or on behalf of a person, municipality or treaty first nation ".

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 15: [Final Agreement Consequential Amendments Act, 2007,

section 155] makes

the definition of "tax treatment agreement" in

section 2.2 of the Property

Transfer Tax Act consistent with the definition of that term added to other

enactments.

Section 155 as it enacts

section 2.2 (1) (

a) of the Property Transfer Tax Act is amended by striking out " under the

chapter of the final agreement that sets out " and substituting " under the

chapter of the treaty first nation's final agreement that sets out ".

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 16: [Final Agreement Consequential Amendments Act, 2007,

section 163] makes

the definition of "tax treatment agreement" in

section 82.11 of the Social

Service Tax Act consistent with the definition of that term added to other

enactments.

Section 163 as it enacts

section 82.11 (1) (

a) of the Social Service Tax Act is amended by striking out " under the

chapter of the final agreement that sets out " and substituting " under the

chapter of the treaty first nation's final agreement that sets out ".

(Ministry of Aboriginal Relations and Reconciliation)

SECTION 17: [Final Agreement Consequential Amendments Act, 2007, sections 164.1

to 164.5] amends provisions of the South Coast British Columbia

Transportation Authority Act to provide for treaty first nation membership in

the mayors' council on regional transportation.

17 The following sections are added:

South Coast British Columbia Transportation Authority Act

164.1

Section 208 of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out " who is a mayor of a municipality in the transportation service region. " and substituting " who is a mayor of a municipality in the transportation service region or the head of a treaty first nation whose treaty lands are in the transportation service region. "

164.2

Section 210 (3) is amended by striking out " If a mayor is unable to attend a meeting of the mayors' council on regional transportation, the mayor may appoint, as a delegate, a member of his or her municipal council to attend and act on that mayor's behalf at that meeting, " and substituting " If a member is unable to attend a meeting of the mayors' council on regional transportation, the member may appoint, as a delegate, a member of his or her municipal council or, in the case of a treaty first nation, a member of the governing body of the treaty first nation, to attend and act on his or her behalf at that meeting, ".

164.3

Section 211 (2) is repealed and the following substituted:

(2) Subject to

section 177 (2), 179 (3) or 217 (2), each member of the mayors' council on regional transportation has, in relation to any issue that is voted on by the mayors' council on regional transportation, the right to cast one vote for every 20 000, or portion of that number, of the population, as applicable, of

(

a) the municipality of which the member is the mayor, or

(

b) the treaty lands of the treaty first nation of which the member is the head,

as that population is determined in the most recently available Census of Canada.

164.4

Section 212 (1) is amended by striking out " provided to any mayor who is a member " and substituting " provided to any member ".

164.5

Section 212 (2) is amended by striking out " A mayor who receives a record under subsection (1) must promptly provide a copy of it to every other mayor who is a member " and substituting " A member who receives a record under subsection (1) must promptly provide a copy of it to every other member ".

Home Owner Grant Act

(Ministry of Small Business and Revenue)

SECTION 18: [Home Owner Grant Act,

section 17]

provides for the minister reviewing a person's entitlement to the grant or low-income grant supplement rather than the grant administrator reviewing the entitlement;

establishes requirements for the request for review;

clarifies that the notification of a decision by the minister on a review is in writing.

Section 17 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended

(

a) in subsections (1) (

c) and (2) by striking out " grant administrator " wherever it appears and substituting " minister ",

(

b) by adding the following subsection:

(1.1) A request for review under subsection (1) (

c) must

(

a) be in writing,

(

b) be addressed to the minister at Victoria, and

(

c) set out clearly the reasons for the review and all facts relative to it. , and

(

c) in subsection (2) by adding " in writing " after " notify the person ".

(Ministry of Small Business and Revenue)

SECTION 19: [Home Owner Grant Act,

section 18.1] consequential to the proposed

amendments to

section 17 of the Act, removes an unnecessary regulation-making authority.

Section 18.1 (3) (

k) is repealed.

Insurance (Vehicle) Act

(Ministry of Public Safety and Solicitor General)

SECTION 20: [Insurance (Vehicle) Act,

section 27] is consequential to amendments made by

this Bill to provisions of the Motor Vehicle Act respecting accident reports.

Section 27 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed and the following substituted:

Accident report

27 A person receiving an accident report under

section 67.1 of the Motor Vehicle Act or a police officer who makes an accident report under

section 249 of that Act must, as soon as reasonably practicable after a request for it by the corporation, mail or deliver a copy to the corporation.

Interpretation Act

(Ministry of Attorney General)

SECTION 21: [Interpretation Act,

section 29] clarifies that judicial justices are included in

the definition of "justice".

Section 29 of the

Interpretation Act, R.S.B.C. 1996, c. 238, is amended in the definition of "justice" by adding " a judicial justice or " before " a judge of the Provincial Court; ".

Judicial Compensation Act

(Ministry of Attorney General)

SECTION 22: [Judicial Compensation Act,

section 9]

(

a) provides that full time judicial justices, within the meaning of the definition of that term added to the Provincial Court Act by this Bill, must be paid a salary as set out, and

(

b) provides that part time judicial justices, within the meaning of the definition of that term added to the Provincial Court Act by this Bill, must be paid a per diem rate as set out.

Section 9 of the Judicial Compensation Act, S.B.C. 2003, c. 59, is amended

(

a) by renumbering the

section as

section 9 (1),

(

b) in subsection (1) by striking out " A judicial justice " and substituting " A full time judicial justice ", and

(

c) by adding the following subsection:

(2) A part time judicial justice must be paid, out of the consolidated revenue fund, a per diem rate

(

a) recommended by a report laid before the Legislative Assembly under

section 6 (1), or

(

b) if a resolution is passed by the Legislative Assembly under

section 6 (2), set by the resolution.

(Ministry of Attorney General)

SECTION 23: [Judicial Compensation Act,

section 11] clarifies that the chief judge's

responsibility to

schedule annual vacations applies in respect of full time

judicial justices, within the meaning of the definition of that term added to the

Provincial Court Act by this Bill.

Section 11 is amended by adding " full time " before " judicial justices. "

(Ministry of Attorney General)

SECTION 24: [Judicial Compensation Act,

section 12] clarifies that the chief judge's

authority to grant leaves of absence applies in respect of full time judicial

justices, within the meaning of the definition of that term added to the

Provincial Court Act by this Bill.

Section 12 is amended by adding " full time " before " judicial justice " wherever it appears.

(Ministry of Attorney General)

SECTION 25: [Judicial Compensation Act,

section 13] clarifies that full time judicial

justices, within the meaning of the definition of that term added to the

Provincial Court Act by this Bill, are eligible for a sickness or disability

benefits plan.

Section 13 is amended by striking out " A judge or judicial justice " and substituting " A judge or full time judicial justice " and by striking out " judges or judicial justices " and substituting " judges or full time judicial justices ".

(Ministry of Attorney General)

SECTION 26: [Judicial Compensation Act,

section 15] clarifies that a full time judicial

justice, within the meaning of the definition of that term added to the

Provincial Court Act by this Bill, may elect to have the Public Service Pension

Plan apply to him or her.

Section 15 is amended by adding " full time " before " judicial " wherever it appears.

(Ministry of Attorney General)

SECTION 27: [Judicial Compensation Act,

section 16] adds

definitions for the purposes of

Part 3 of the Act.

Section 16 (1) is amended by adding the following

definitions:

"actuary" means an actuary retained by the board in accordance with the Public Service Pension Plan Joint Trust Agreement;

"board" has the same meaning as "public service board" in

section 1 (1) of the Public Sector Pension Plans Act ; .

(Ministry of Attorney General)

SECTION 28: [Judicial Compensation Act,

section 18] sets out the rules for the relative

contributions to the pension fund as between the active members and the

government.

Section 18 is amended

(

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

(1) The board

(

a) must, based on the recommendations of an actuary, determine the total amount of the contributions required to fund the pension benefits provided under this Act, and

(

b) may change the amount determined under paragraph (

a) if the board receives a recommendation by an actuary that a change in the amount is required to fund the pension benefits provided under this Act.

(1.1) The total amount of the contributions required to fund the pension benefits provided under this Act, as determined under subsection (1), must be paid as follows:

(

a) the active members must contribute 24% of that amount;

(

b) the government must contribute 76% of that amount.

(1.2) Instead of the contributions required by the pension plan rules,

(

a) the government must deduct 8.38%, or, if subsection (6) applies, the percentage determined under subsection (6) (a) (i), from each payment of salary made to an active member and pay that amount to the pension fund, as a contribution from the member, and

(

b) each time the government deducts and pays an active member's contributions in accordance with paragraph (a), the government must pay to the pension fund, as a contribution from the government, 26.55%, or, if subsection (6) applies, the percentage determined under subsection (6) (a) (ii), of the active member's salary. ,

(

b) in subsection (2) by striking out " subsection (1) (a). " and substituting " subsection (1.2) (

a) or (6) (a) (i), as applicable. ",

(

c) in subsection (3) by striking out " subsection (1) (a), " and substituting " subsection (1.2) (

a) or (6) (a) (i), " and by striking out " subsection (1) (

b) or (6). " and substituting " subsection (1.2) (

b) or (6) (a) (ii), as applicable. ", and

(

d) by repealing subsection (6) and substituting the following:

(6) If the board changes the total amount of the contributions required to fund the pension benefits provided under this Act under subsection (1) (b), the board must,

(

a) based on a recommendation by an actuary,

(

i) determine the percentage amount the government must, under subsection (1.2) (a), deduct from each payment of salary made to an active member and pay to the pension fund, and

(ii) determine the percentage amount the government must, under subsection (1.2) (b), contribute to the pension fund, and

(

b) ensure the percentage amounts determined under paragraph (a) (

i) and (ii) are consistent with subsection (1.1).

(Ministry of Attorney General)

SECTION 29: [Judicial Compensation Act,

section 26] repeals a spent section.

Section 26 is repealed.

(Ministry of Attorney General)

SECTION 30: [Judicial Compensation Act,

section 27] clarifies that the benefits continue for

judges and refers specifically to the date the

section came into force.

Section 27 is amended by striking out " before this

section comes into force, " and substituting " before October 23, 2003, " and by striking out " and judicial justices ".

(Ministry of Attorney General)

SECTION 31: [Judicial Compensation Act,

section 28] refers specifically to the date the

section came into force.

Section 28 is amended by striking out " before this

section came into force. " and substituting " before October 23, 2003. "

Law and Equity Act

(Ministry of Attorney General)

SECTION 32: [Law and Equity Act,

section 69] provides that an enactment that authorizes a

taking of property by or on behalf of the government without the consent of the

owner must not be construed as implying an obligation to compensate the

owner or entitling a person to compensation unless the enactment expressly

provides for compensation.

32 The Law and Equity Act, R.S.B.C. 1996, c. 253, is amended by adding the following section:

No compensation for property taken unless

enactment expressly provides for compensation

69 If a taking of property by or on behalf of the government without the consent of the owner is authorized by an enactment, the enactment must not be construed as

(

a) implying an obligation to compensate the owner, and

(

b) entitling a person to compensation unless the enactment expressly provides for compensation.

Legal Profession Act

(Ministry of Attorney General)

SECTION 33: [Legal Profession Act,

section 1.1] clarifies that the Act does not apply to a

person who is both a lawyer and a part time judicial justice, within the meaning

of the definition of that term added to the Provincial Court Act by this Bill.

33 The Legal Profession Act, S.B.C. 1998, c. 9, is amended by adding the following section:

Application

1.1 This Act does not apply to a person who is both a lawyer and a part time judicial justice, as that term is defined in

section 1 of the Provincial Court Act , in the person's capacity as a part time judicial justice under that Act.

(Ministry of Attorney General)

SECTION 34: [Legal Profession Act,

section 26.1] requires the law society to send written

notification to the chief judge under the Provincial Court Act if the law society

investigates a lawyer who is also a part time judicial justice, within the

meaning of the definition of that term added to the Provincial Court Act by this

Bill.

34 The following

section is added:

Written notification to chief judge

26.1 If an investigation is conducted in accordance with the rules established under

section 26 (2) of this Act respecting a lawyer or former lawyer who is also a "part time judicial justice", as that term is defined in

section 1 of the Provincial Court Act , the society must, as soon as practicable, provide a written notification to the chief judge designated under

section 10 of the Provincial Court Act that includes the following information:

(

a) the name of the lawyer or former lawyer;

(

b) confirmation that an investigation is being conducted with respect to that lawyer or former lawyer.

Local Government Act

(Ministry of Community Services)

SECTION 35: [Local Government Act,

section 5]

adds

definitions removed from

section 33 of the Act by this Bill, with the following modifications:

in the

definitions of "chief election officer" and "election official", adds references to appointments under letters patent;

in the definition of "general voting day" adds references to other sections of the Act under which a general voting day is set;

repeals a definition.

Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

(

a) by adding the following

definitions:

"chief election officer" means the election official appointed under

section 41 (1) or under letters patent;

"election official" means a person appointed under

section 41 and a chief election officer and deputy chief election officer appointed under letters patent;

"general voting day" means the day referred to in

section 36 (2) or set under

section 12.2 (1) (a), 37 (5), 38 (1) or (3), 142 (5), 162 (1) or 167 (5) (b); , and

(

b) by repealing the definition of "letters patent" .

(Ministry of Community Services)

SECTION 36: [Local Government Act,

section 6.9] provides that land in British Columbia

does not escheat to the government on dissolution of a specified corporation if

the land is transferred under the Act.

Part 1 is amended by adding the following section:

Application of Escheat Act

6.9

Section 4 of the Escheat Act does not apply to land in British Columbia transferred under this Act on dissolution of a municipality, development district, water users' community, improvement district or regional district.

(Ministry of Community Services)

SECTION 37: [Local Government Act,

section 7] is consequential to the general power to

revoke the letters patent of an improvement district in the proposed

section 735

of the Act and provides for the revoking of the letters patent of a municipality

by order of the Lieutenant Governor in Council.

Section 7 (3) is amended by striking out " or improvement district " in both places and by striking out " repealing " and substituting " revoking, by order, ".

(Ministry of Community Services)

SECTION 38: [Local Government Act,

section 11] is consequential to the proposed

enactment of

section 735 (3) of the Act.

Section 11 (4) is repealed.

(Ministry of Community Services)

SECTION 39: [Local Government Act,

section 12] provides for consistent wording

respecting the issue of letters patent.

Section 12 (2) is amended by striking out " The Lieutenant Governor in Council must not issue letters patent under this

section " and substituting " Letters patent under this

section may not be issued ".

(Ministry of Community Services)

SECTION 40: [Local Government Act, sections 12.1 to 12.5]

re-enacts

section 13 (1) of the Act as

section 12.1;

authorizes letters patent to provide for the first election for a municipality;

authorizes letters patent to provide for the first council of a municipality, including an interim council, and the appointment or election of councillors on a neighbourhood constituency basis;

authorizes letters patent to provide for the first regular council meeting, including requiring the council to adopt a procedure bylaw or financial plan at the first regular council meeting and providing for that to be done;

authorizes letters patent to provide for the transition from a dissolved municipality to a new municipality.

40 The following sections are added:

What must be included in letters patent

12.1 Letters patent incorporating a municipality must specify the municipality's name, boundaries, area and class.

First election for municipality

12.2

(1) Letters patent incorporating a municipality may do one or more of the following:

(

a) set the general voting day for the first election or authorize a person to do this;

(

b) appoint the chief election officer and deputy chief election officer for the first election or authorize a person or body to do this;

(

c) apply to the first election for the municipality all or part of one or more of the following bylaws of another local government:

(

i) a bylaw under

Part 3 [Electors and Elections] ;

(ii) a bylaw under

section 551 [regulation of signs and advertising] ;

(iii) a bylaw under

section 8 (4) [fundamental powers – signs and advertising] of the Community Charter ;

(

d) make, to a bylaw applied under paragraph (c), any modifications the Lieutenant Governor in Council considers necessary or advisable in order to apply the bylaw to the first election for the municipality.

(2) The general voting day set under subsection (1) (a)

(

a) must be on a Saturday, and

(

b) may be before the date the municipality is incorporated.

(3) If the general voting day set under subsection (1) (

a) is before the date the municipality is incorporated,

Part 3 [Electors and Elections] applies, subject to the letters patent, as if the municipality were incorporated.

First council and neighbourhood constituencies

12.3

(1) Letters patent incorporating a municipality may do one or more of the following:

(

a) set the terms of office for first council members, if these are to be different from the terms otherwise established by the Community Charter ;

(

b) appoint or provide for the appointment of an interim council, which must consist of a mayor and an even number of councillors;

(

c) if the letters patent appoint or provide for the appointment of an interim council, despite

section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies] , provide that all or some of the councillors be appointed on a neighbourhood constituency basis until the next general local election;

(

d) despite

section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies] , provide that all or some of the councillors be elected on a neighbourhood constituency basis until the general local election specified in the letters patent;

(

e) for the purposes of paragraph (

c) or (d), establish the areas that are to be neighbourhood constituencies for the municipality;

(

f) for the purposes of paragraph (d), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

(2) Section 118 (3) [size of council] of the Community Charter does not apply to an interim council.

First regular council meeting

12.4

(1) Letters patent incorporating a municipality may do one or more of the following:

(

a) despite

section 125 (1) [council meetings] of the Community Charter , set the date for the first regular council meeting and authorize a person to set the time and place for that meeting;

(

b) require the council to adopt a procedure bylaw at the first regular council meeting;

(

c) require the council to adopt a financial plan at the first regular council meeting;

(

d) if a requirement is imposed under paragraph (c), require a person to prepare a proposed financial plan for the first regular council meeting;

(

e) if a requirement is imposed under paragraph (c), establish, for the financial plan to be adopted at the first regular council meeting, a planning period that is different than the planning period established by

section 165 (3) of the Community Charter ;

(

f) if a requirement is imposed under paragraph (c), provide that

section 166 [public process for development of financial plan] of the Community Charter does not apply in respect of the proposed financial plan that the council must adopt at the first regular council meeting.

(2) Section 135 (3) [requirements for passing bylaws] of the Community Charter does not apply to a procedure bylaw or a bylaw adopting a financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

(3) Section 165 (3.1) [objectives and policies set out in financial plan] of the Community Charter does not apply to the financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

Transfer of assets and obligations and continuation of bylaws

12.5

(1) In this section:

"dissolved municipality" means a municipality dissolved on the incorporation of a new municipality;

"new municipality" means the municipality incorporated by the letters patent referred to in subsection (2).

(2) Letters patent incorporating a municipality may do one or more of the following:

(

a) transfer to and vest in the new municipality any of the dissolved municipality's rights, property and assets;

(

b) transfer to and declare as assumed by the new municipality any of the dissolved municipality's obligations;

(

c) continue in force any bylaws or resolutions of the dissolved municipality as bylaws or resolutions of the new municipality applicable to the area of the new municipality to which they applied as bylaws or resolutions of the dissolved municipality until those bylaws or resolutions are amended or repealed by the council of the new municipality;

(

d) require the council of the new municipality to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

(

e) deem a reference to the dissolved municipality in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the new municipality.

(Ministry of Community Services)

SECTION 41: [Local Government Act,

section 13]

repeals provisions that are replaced by new provisions proposed in this Bill;

provides for consistent wording in the Act;

authorizes letters patent to provide for the transition from a local trust committee or trust council to a new island municipality.

Section 13 is amended

(

a) by repealing subsections (1) and (2) (

a) to (d), (g), (

h) and (j),

(

b) in subsection (3) by striking out " In addition to the matters referred to in subsections (1) and (2), letters patent " and substituting " Letters patent ",

(

c) in subsection (3.1) by striking out " In addition to the matters referred to in subsections (1) and (2), the letters patent " and substituting " Letters patent ",

(

d) by repealing subsection (3.1) (

d) and substituting the following:

(

d) transfer to and vest in the island municipality any rights, property or assets of the local trust committee or trust council;

(

e) transfer to and declare as assumed by the island municipality any obligations of the local trust committee or trust council;

(

f) continue in force any bylaws or resolutions of the trust council as bylaws or resolutions of the island municipality applicable to the area of the island municipality to which they applied as bylaws or resolutions of the trust council until those bylaws or resolutions are amended or repealed by the council of the island municipality;

(

g) continue in force any resolutions of the local trust committee as resolutions of the island municipality applicable to the area of the island municipality to which they applied as resolutions of the local trust committee until those resolutions are amended or repealed by the council of the island municipality;

(

h) require the council of the island municipality to amend or repeal by a specified date a bylaw continued under

section 24 (2) or paragraph (

f) of this subsection or a resolution continued under paragraph (

f) or (

g) of this subsection;

(

i) deem a reference to the local trust committee or trust council in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the island municipality. ,

(

e) in subsection (5) by striking out " When issuing letters patent, " and substituting " In letters patent, ", and

(

f) by repealing subsections (6) and (8).

(Ministry of Community Services)

SECTION 42: [Local Government Act, sections 13.1 and 13.2]

provides for the appointment, term of office, powers and duties of an interim corporate officer;

provides for the election or appointment of additional councillors if the area of a municipality is extended;

provides for the additional councillors to be elected or appointed on a neighbourhood constituency basis.

42 The following sections are added:

Interim corporate officer

13.1

(1) If letters patent incorporating a municipality are issued, the minister may appoint a person as the interim corporate officer of the municipality.

(2) An interim corporate officer's term ends when a corporate officer is appointed for the municipality.

(3) Words in an enactment, other than this section, referring to a corporate officer, by name or otherwise, also apply to an interim corporate officer.

Appointment of additional councillors if boundary extended

13.2

(1) Letters patent extending the area of a municipality may do one or more of the following:

(

a) provide for the election or appointment of an even number of additional councillors for the municipality until the general local election specified in the letters patent;

(

b) despite

section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies] , provide that the additional councillors be elected or appointed on a neighbourhood constituency basis until the general local election specified in the letters patent;

(

c) for the purposes of paragraph (b), establish the areas that are to be neighbourhood constituencies for the municipality until the general local election specified in the letters patent;

(

d) for the purposes of paragraph (b), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

(2) If letters patent under this

section are issued for a municipality,

section 118 (3) [size of council] of the Community Charter ceases to apply in relation to the council until January 1 in the year of the general local election specified in the letters patent.

(Ministry of Community Services)

SECTION 43: [Local Government Act,

section 14] authorizes letters patents to establish a

limit on municipal property tax rates.

Section 14 is repealed and the following substituted:

Tax rate limits

(1) Letters patent incorporating a municipality or extending the area of a municipality may do the following:

(

a) designate an area that is

(

i) in the case of an incorporation of a municipality, all or part of the municipality, or

(ii) in the case of an extension of the area of a municipality, all or part of the area that forms the extension of the municipality;

(

b) establish a limit on the tax rate under

section 197 (1) (a) [municipal property taxes] of the Community Charter that may be established for a property class by an annual property tax bylaw and imposed on land and improvements in the area designated under paragraph (

a) of this subsection.

(2) A tax rate limit established under subsection (1) (

b) may be established by doing one or more of the following:

(

a) specifying a limit on the tax rate;

(

b) specifying a limit on the relationship between tax rates;

(

c) establishing formulas for calculating the limit referred to in paragraph (

a) of this subsection or the limit on the relationship referred to in paragraph (

b) of this subsection;

(

d) adopting as the tax rate limit a tax rate set by another authority having taxing powers in respect of land or land and improvements.

(3) Different tax rate limits may be established under subsection (1) (

b) for different taxation years.

(4) Section 197 (3) [establishment of tax rates] of the Community Charter does not apply in relation to the tax rate

(

a) applicable to an area designated under subsection (1) (

a) of this section, and

(

b) established for a property class in accordance with a limit established under subsection (1) (b).

(5) If there is a conflict between a tax rate limit established under subsection (1) (

b) and a regulation under

section 199 [property tax rates regulations] of the Community Charter , the regulation prevails.

(6) If a tax rate limit is established under subsection (1) (

b) for property class 1 or 6, the Lieutenant Governor in Council must, by letters patent, specify the time period during which the tax rate limit applies.

(7) The time period specified under subsection (6) may not be more than 20 taxation years.

(Ministry of Community Services)

SECTION 44: [Local Government Act, sections 14.1 to 14.4]

authorizes letters patent to require a municipality to share revenue from a designated revenue source with another municipality or with a regional district;

authorizes letters patent to provide for the establishment of a local area service by a municipality;

authorizes letters patent to require and provide for an advisory body;

provides for additional powers that may be exercised by letters patent or an order of the Lieutenant Governor in Council in relation to municipalities.

44 The following sections are added:

Municipal revenue sharing

14.1 Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

(

a) for the purposes of paragraph (b), designate one or more of the following:

(

i) a revenue source of the municipality;

(ii) property in the municipality;

(iii) an area that is all or part of the municipality;

(

b) require the municipality to share revenue with another municipality or with a regional district

(

i) from a designated revenue source, or

(ii) from a designated revenue source and from the designated property or designated area;

(

c) establish ratios or formulas for calculating the amount of revenue to be shared or designate the amount of revenue to be shared;

(

d) specify the period for which the revenue is to be shared.

Establishment of local area service

14.2

(1) Letters patent incorporating a municipality or extending the area of a municipality may provide for the establishment of a local area service by

(

a) describing the service, and

(

b) defining the boundaries of the local service area.

(2) In addition, letters patent under subsection (1) may do one or both of the following:

(

a) require the council of the municipality, by a specified date, to

(

i) establish a reserve fund for a specified purpose for the local area service, and

(ii) credit an amount of money to the reserve fund in respect of money transferred to the municipality from a reserve fund of a regional district, improvement district or another municipality established for a similar purpose;

(

b) specify a date for the purposes of subsection (6).

(3) If letters patent provide for the establishment of a local area service, the council of the municipality must adopt a bylaw to establish the local area service.

(4) The bylaw establishing the local area service must

(

a) subject to subsection (5), meet the requirements of Division 5 [Local Service Taxes] of

Part 7 of the Community Charter , and

(

b) be consistent with the letters patent.

(5) Sections 210 (2) [services that may be provided as local area services] and 211 (1) [requirement to adopt local area service bylaw] of the Community Charter do not apply to the initial adoption of a bylaw under subsection (3) of this section.

(6) A bylaw under subsection (3) must be adopted on or before the date specified under subsection (2) (

b) or, if no date is specified, within a reasonable period after the letters patent come into effect.

(7) If no date is specified under subsection (2) (b), the Lieutenant Governor in Council may, by order, specify a date and, if this is done, a bylaw under subsection (3) must be adopted on or before the date specified.

Advisory body

14.3 Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

(

a) require the council to establish an advisory body for the municipality;

(

b) specify the role of the advisory body;

(

c) require the council to consult with the advisory body on specified matters;

(

d) provide for the composition of and the manner of appointing members to the advisory body;

(

e) specify a date before which the council may not dissolve the advisory body.

Additional powers

14.4

(1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent, do one or more of the following in relation to the incorporation of a municipality or the extension or reduction of the area of a municipality:

(

a) impose requirements on the municipality;

(

b) restrict the powers of the municipality;

(

c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(

d) in respect of a provision included in the letters patent under paragraphs (

a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(3) As restrictions, in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

(

a) override an absolute prohibition contained in an enactment;

(

b) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.

(Ministry of Community Services)

SECTION 45: [Local Government Act,

section 15] is consequential to the proposed authority

under

section 734 of the Act in relation to improvement district letters patent.

Section 15 (1) is amended by striking out " by the Lieutenant Governor in Council ".

(Ministry of Community Services)

SECTION 46: [Local Government Act,

section 18] provides for reclassification of a

municipality by letters patent rather than by repealing and reissuing the letters

patent and reincorporating the municipality.

Section 18 is amended

(

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

(1) On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality in accordance with

section 17 (1) [classification of municipalities] . ,

(

b) by repealing subsection (3), and

(

c) in subsection (4) by striking out " for reincorporation ".

(Ministry of Community Services)

SECTION 47: [Local Government Act,

section 20] in relation to a proposed boundary

extension of a municipality, requires the council to obtain the approval of the

electors of the municipality by means of assent or alternative approval process

rather than by submitting the question of a proposed boundary extension to the

electors for assent if requested by at least 10% of those electors.

Section 20 (3) to (5) is repealed and the following substituted:

(3) Before the minister makes a recommendation referred to in subsection (1),

(

a) the minister must

(

i) notify the council of the proposed recommendation, or

(ii) have received from the council a request for the extension,

(

b) the council must give public notice of the proposed extension once in the Gazette, and

(

c) the council must obtain the approval of the electors of the municipality in relation to the proposed extension.

(Ministry of Community Services)

SECTION 48: [Local Government Act,

section 24] provides that

section 24 of the Act is

subject to letters patent and clarifies that an establishing bylaw adopted by a

regional district is not continued in force under the section.

Section 24 (2) is repealed and the following substituted:

(2) Despite subsection (1) but subject to

section 782 (4.1) and letters patent, if a municipality is incorporated or the area of a municipality is extended, a provision of a bylaw

(

a) other than an establishing bylaw, adopted by a regional district, or

(

b) adopted by a local trust committee under the Islands Trust Act

that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council.

(Ministry of Community Services)

SECTION 49: [Local Government Act,

section 28] is consequential to the proposed

enactment of

section 14.4 of the Act.

Section 28 is repealed.

(Ministry of Community Services)

SECTION 50: [Local Government Act,

section 29] provides for consistent wording in the Act

in relation to the dissolution of a municipality.

Section 29 is amended

(

a) in subsection (1) by striking out " by order published in the Gazette, set aside " and substituting " by order, revoke " and by striking out " and disincorporate the municipality ",

(

b) in subsection (2) by striking out " A municipality must not be disincorporated " and substituting " The Lieutenant Governor in Council may not exercise the power under subsection (1) ",

(

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

(3) On the revocation under subsection (1) of the letters patent,

(

a) the municipality is dissolved,

(

b) all of the municipality's property vests in the Provincial government, and

(

c) all taxes imposed by the municipality that remain unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition. , and

(

d) in subsection (4) by striking out " is disincorporated " and substituting " is dissolved under this

section ", by striking out " disincorporation " and substituting " dissolution " and by striking out " disincorporated municipality " and substituting " dissolved municipality ".

(Ministry of Community Services)

SECTION 51: [Local Government Act,

section 30] is consequential to the proposed sections

735 and 735.1 of the Act.

Section 30 is repealed.

(Ministry of Community Services)

SECTION 52: [Local Government Act,

section 31]

for consistency with the rest of

section 31 of the Act, clarifies that subsection (1) of the

section relates to letters patent for a municipality;

removes references to letters patent being surrendered;

removes a reference to supplementary letters patent.

Section 31 is amended

(

a) by striking out " If letters patent are surrendered or revoked and others issued under this Act, " and substituting " If letters patent that incorporate a municipality are revoked and others issued, ",

(

b) in paragraph (

a) by striking out " surrender, " and by striking out " surrendered or " in both places, and

(

c) in paragraph (

c) by striking out " or supplementary letters patent ".

(Ministry of Community Services)

SECTION 53: [Local Government Act,

section 32] provides for the use of consistent wording

in the Act.

Section 32 (1) (a) (

i) to (iii) is repealed and the following substituted:

(

i) incorporated or dissolved as a municipality, or

(ii) added to or excluded from an existing municipality, and .

(Ministry of Community Services)

SECTION 54: [Local Government Act,

section 33] repeals

definitions that are proposed to be

added to

section 5 of the Act.

Section 33 is amended by repealing the

definitions of "chief election officer" , "election official" and "general voting day" .

(Ministry of Community Services)

SECTION 55: [Local Government Act,

section 41] provides for a deputy chief election

officer appointed under letters patent to perform the duties and exercise the

powers of an election official who is absent or unable to act.

Section 41 (6) is amended by striking out " a person appointed under this

section as deputy or alternate " and substituting " a person appointed as deputy chief election officer or appointed under this

section as alternate ".

(Ministry of Community Services)

SECTION 56: [Local Government Act,

section 287] is consequential to the proposed

amendment to and relocation of the definition of "election official".

Section 287 (1) (

m) is amended by striking out " within the meaning of

Part 3 ".

(Ministry of Community Services)

SECTION 57: [Local Government Act,

section 731] modernizes provisions respecting the

transition when a development district or water users' community is dissolved

and an improvement district undertakes the functions of the development

district or water users' community.

Section 731 (3) is repealed and the following substituted:

(3) If it appears to the Lieutenant Governor in Council that an improvement district will undertake the functions of an existing development district or a water users' community, the Lieutenant Governor in Council may dissolve the development district or water users' community.

(4.1) The Lieutenant Governor in Council may do one or more of the following, effective on the dissolution of a development district or water users' community under subsection (3):

(

a) transfer to and vest in an improvement district any of the rights, property and assets of the development district or water users' community;

(

b) transfer to and declare as assumed by an improvement district any of the obligations of the development district or water users' community;

(

c) continue in force any bylaws or resolutions of the development district or water users' community as bylaws or resolutions of an improvement district applicable to the area of the improvement district to which they applied as bylaws or resolutions of the development district or water users' community until those bylaws or resolutions are amended or repealed by the board of trustees of the improvement district;

(

d) require the board of trustees of the improvement district to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

(

e) deem a reference to the development district or water users' community in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the improvement district.

(Ministry of Community Services)

SECTION 58: [Local Government Act,

section 732] modernizes provisions respecting the

transition when a water users' community is dissolved and a mountain resort

improvement district undertakes the functions of the water users' community.

Section 732 (4) is repealed and the following substituted:

(4) If it appears to the Lieutenant Governor in Council that a mountain resort improvement district will undertake the functions of an existing water users' community, the Lieutenant Governor in Council may dissolve the water users' community.

(5.1) The Lieutenant Governor in Council may do one or more of the following, effective on the dissolution of a water users' community under subsection (4):

(

a) transfer to and vest in a mountain resort improvement district any of the rights, property and assets of the water users' community;

(

b) transfer to and declare as assumed by a mountain resort improvement district any of the obligations of the water users' community;

(

c) continue in force any bylaws or resolutions of the water users' community as bylaws or resolutions of a mountain resort improvement district applicable to the area of the mountain resort improvement district to which they applied as bylaws or resolutions of the water users' community until those bylaws or resolutions are amended or repealed by the board of trustees of the mountain resort improvement district;

(

d) require the board of trustees of the mountain resort improvement district to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

(

e) deem a reference to the water users' community in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the mountain resort improvement district.

(Ministry of Community Services)

SECTION 59: [Local Government Act,

section 734]

allows regulations authorizing the minister to amend improvement district letters patent in place of the Lieutenant Governor in Council;

applies sections 31 and 32 of the Act to improvement districts.

Section 734 is repealed and the following substituted:

Amendment of letters patent

(1) The Lieutenant Governor in Council may, by regulation, authorize the minister to make orders amending letters patent of an improvement district, subject to any restrictions and conditions established by the regulation.

(2) Sections 31 [rights and liabilities not affected by revocation and reissue of letters patent] and 32 [existing licences preserved] apply in respect of improvement districts.

(Ministry of Community Services)

SECTION 60: [Local Government Act, sections 735, 735.1 and 735.2]

provides for the dissolution of an improvement district;

consolidates and modernizes provisions respecting the transition when an improvement district is dissolved or when the area of or an object of an improvement district is changed;

provides for additional powers that may be exercised by letters patent or an order of the Lieutenant Governor in Council in relation to improvement districts.

Section 735 is repealed and the following substituted:

Dissolution of improvement districts

(1) The Lieutenant Governor in Council may, by order, revoke the letters patent that incorporated or continued an improvement district.

(2) If an improvement district is located in a municipality incorporated under

section 7 (1), the Lieutenant Governor in Council must exercise the power under subsection (1) of this

section to revoke the letters patent of the improvement district no later than January 1 of the year that is 4 years after the year in which the municipality was incorporated.

(3) If an improvement district is located in a mountain resort municipality incorporated under

section 11 (3), the Lieutenant Governor in Council must exercise the power under subsection (1) of this

section to revoke the letters patent of the improvement district effective at the time the mountain resort municipality is incorporated.

(4) On the revocation of the letters patent that incorporated or continued an improvement district, the improvement district is dissolved.

Transition on dissolution of improvement district or

if area or object of improvement district changed

735.1

(1) If an improvement district is dissolved or the letters patent of an improvement district are amended to reduce the area of the improvement district or to modify or repeal an object of the improvement district, the Lieutenant Governor in Council may, by order, do one or more of the following:

(

a) transfer to and vest in a municipality, a regional district or another improvement district any of the improvement district's rights, property and assets;

(

b) transfer to and declare as assumed by a municipality, a regional district or another improvement district any of the improvement district's obligations;

(

c) if all or part of the improvement district is located in a municipality,

(

i) continue a service of the improvement district as a local area service of the municipality and exercise any power under

section 14.2 (1) and (2) that may be exercised by letters patent, or

(ii) continue a service of the improvement district as a service of the municipality;

(

d) continue in force any bylaws or resolutions of the improvement district as bylaws or resolutions of a municipality, a regional district or another improvement district applicable to the area of the municipality, regional district or other improvement district to which they applied as bylaws or resolutions of the improvement district until those bylaws or resolutions are amended or repealed by the council of the municipality, the board of the regional district or the board of trustees of the other improvement district;

(

e) require the council of the municipality, the board of the regional district or the board of trustees of the improvement district to amend or repeal by a specified date a bylaw or resolution continued under paragraph (d);

(

f) for the purposes of subsection (4), specify a date, which may not be more than 3 years after the date the bylaw is continued under paragraph (

d) of this subsection;

(

g) deem a reference to the improvement district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to a municipality, a regional district or another improvement district.

(2) If an order under subsection (1) (c) (

i) provides for the establishment of a local area service,

section 14.2 (3) to (7) applies for the purposes of this section.

(3) The requirement in

section 13 (1) (

a) and (

b) of the Community Charter to first obtain the consent of a local government does not apply in relation to a service if

(

a) the service is continued under subsection (1) (

c) on dissolution of an improvement district, and

(

b) the service is to be provided by the municipality in an area outside the municipality to which the service was provided by the improvement district at the time the improvement district was dissolved.

(4) If a municipality or regional district does not have the power to adopt a provision of a bylaw that is continued under subsection (1) (

d) as a provision of a bylaw of the municipality or regional district, the municipality or regional district is deemed to have the power to adopt that provision of the bylaw until the earlier of

(

a) the repeal of that provision of the bylaw, and

(

b) the date specified under subsection (1) (

f) in respect of that bylaw.

Additional powers

735.2

(1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent or by order, do one or more of the following in relation to the incorporation of an improvement district, the extension or reduction of the area of an improvement district or the addition, modification or repeal of an object of an improvement district:

(

a) impose requirements on the improvement district;

(

b) restrict the powers of the improvement district;

(

c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(

d) in respect of a provision included in the letters patent or order under paragraphs (

a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(3) As a restriction, in exercising a power under this section, the Lieutenant Governor in Council may not override an absolute prohibition contained in an enactment.

(Ministry of Community Services)

SECTION 61: [Local Government Act,

section 748] for consistency, replaces a reference to

disincorporated with dissolved.

Section 748 (4) is amended by striking out " disincorporated " and substituting " dissolved ".

(Ministry of Community Services)

SECTION 62: [Local Government Act,

section 776] for consistency, removes unnecessary

words.

Section 776 is amended by striking out " the issue of ".

(Ministry of Community Services)

SECTION 63: [Local Government Act,

section 777] is consequential to the proposed

section 782.1 of the Act, removes an unnecessary provision and for

consistency, removes unnecessary words.

Section 777 is amended

(

a) by repealing subsections (1) (l), (3) (

e) and (4), and

(

b) in subsection (3) by striking out " the issue of ".

(Ministry of Community Services)

SECTION 64: [Local Government Act,

section 777.1]

on the recommendation of the minister, authorizes the Lieutenant Governor in Council to extend the area of a regional district to include land not included in a regional district;

imposes requirements on the minister before the minister may make the recommendation.

64 The following

section is added:

Extension of regional district boundaries

777.1

(1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, alter the boundaries of a regional district to include an area not in a regional district.

(2) Before making a recommendation under subsection (1), the minister must

(

a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and

(

b) notify the regional district that will be affected by the proposed recommendation.

(Ministry of Community Services)

SECTION 65: [Local Government Act,

section 780]

provides for the revocation of letters patent by order of the Lieutenant Governor in Council and refers to incorporations of regional districts under

section 776 of the Act;

provides for consistent wording respecting the issue of letters patent;

modernizes provisions respecting the transition when regional districts are amalgamated, divided or altered under

section 780 of the Act.

Section 780 is amended

(

a) in subsection (1) by striking out " , by the issue of letters patent, or by the repeal of existing letters patent and the issue of new letters patent, as necessary, ",

(

b) by repealing subsection (1) (

a) and substituting the following:

(

a) amalgamate 2 or more regional districts by

(

i) revoking, by order, their letters patent, and

(ii) incorporating the new regional district under

section 776, ,

(

c) in subsection (1) (

b) by striking out " alter " and substituting " by letters patent, alter ",

(

d) by repealing subsection (1) (

c) and substituting the following:

(

c) divide a regional district into 2 or more regional districts by

(

i) revoking, by order, their letters patent, and

(ii) incorporating the new regional districts under

section 776, ,

(

e) in subsection (3) by striking out " The Lieutenant Governor in Council must not issue letters patent under subsection (1) " and substituting " Letters patent under subsection (1) may not be issued ",

(

f) in subsection (4) by striking out " assets and liabilities " and substituting " rights, property, assets and obligations ",

(

g) by repealing subsections (5) and (6) and substituting the following:

(5) In letters patent incorporating a regional district referred to in subsection (1) (a) (ii) or (c) (ii) or in letters patent referred to in subsection (1) (b), the Lieutenant Governor in Council may do one or more of the following:

(

a) transfer to and vest in a regional district any of the rights, property and assets of another regional district;

(

b) transfer to and declare as assumed by a regional district any of the obligations of another regional district;

(

c) provide that a bylaw or resolution of the board having jurisdiction before the amalgamation, alteration or division does not remain in force under subsection (7);

(

d) require the board of the regional district to amend or repeal by a specified date a bylaw or resolution that remains in force under subsection (7);

(

e) deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to another regional district. , and

(

h) by repealing subsection (8) and substituting the following:

(8) Sections 31 [rights and liabilities not affected by revocation and reissue of letters patent] and 32 [existing licences preserved] apply in respect of regional districts referred to in this section.

(Ministry of Community Services)

SECTION 66: [Local Government Act,

section 781]

provides for the continuation of a service by a regional district on the dissolution of the community planning area that was providing the service;

provides for the continuation of a service by a regional district on the dissolution of or the amendment or repeal of an object of the improvement district that was providing the service.

Section 781 is amended

(

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

(1) In this section, "community planning area" means an area of the Provincial Community Planning Local Area under the Local Services Act that is designated as a community planning area under that Act.

(1.1) If a community planning area is dissolved and the area of land comprising the community planning area is in a regional district, the Lieutenant Governor in Council may, by order, do one or more of the following:

(

a) provide that all or part of the community planning area be a service area under this Part;

(

b) continue in force any regulations made by the minister relating to the community planning area as bylaws of the regional district applicable to the area of the regional district to which they applied as regulations until those bylaws are amended or repealed by the board;

(

c) specify a date for the purposes of subsection (4).

(1.2) If an improvement district is dissolved or the letters patent of an improvement district are amended to modify or repeal an object of the improvement district and the area of land comprising the improvement district is in a regional district, the Lieutenant Governor in Council may, by order, do one or both of the following:

(

a) provide for the continuation of a service of the improvement district as a service of the regional district by

(

i) describing the service, and

(ii) defining the boundaries of the service area;

(

b) specify a date for the purposes of subsection (4). ,

(

b) in subsection (2) by striking out " subsection (1), " and substituting " subsection (1.1) or (1.2), ",

(

c) in subsection (2) (

a) by adding " and is consistent with the order under subsection (1.1) or (1.2) of this

section " after " establishing bylaw ",

(

d) in subsection (4) by striking out " within the period specified in the order of the Lieutenant Governor in Council under subsection (1) or, if no period is specified, " and substituting " on or before the date specified under subsection (1.1) (

c) or (1.2) (

b) or, if no date is specified, ", and

(

e) by repealing subsection (5) and substituting the following:

(5) If no date is specified under subsection (1.1) (

c) or (1.2) (b), the Lieutenant Governor in Council may in a later order specify a date and, if this is done, a bylaw under subsection (2) must be adopted on or before the date specified.

(Ministry of Community Services)

SECTION 67: [Local Government Act,

section 782]

in relation to a transfer of jurisdiction for a service from a regional district to a municipality, provides for a transitional administration of the service by the regional district on behalf of the municipality;

modernizes provisions respecting the transition when the service is transferred;

deems an amendment to the service area for the service provided by the regional district in respect of the area for which jurisdiction was transferred.

Section 782 is amended

(

a) in subsection (2) by striking out " may, by the issue of letters patent for the regional district, " and substituting " may, by letters patent for the regional district, do one or more of the following: ",

(

b) in subsection (2) (

a) by striking out " service area, and " and substituting " service area; ",

(

c) by repealing subsection (2) (

b) and substituting the following:

(

b) require the regional district to administer on behalf of the municipality the service transferred under paragraph (

a) until a specified date after the effective date of the transfer;

(

c) require the municipality to pay to the regional district an amount for administering the service on behalf of the municipality;

(

d) specify an amount or establish formulas, rules or ratios for determining an amount payable under paragraph (c). ,

(

d) by adding the following subsection:

(2.1) The municipality and the regional district may enter into an agreement that modifies

(

a) a requirement under subsection (2) (

b) or (c), or

(

b) an amount specified or a formula, rule or ratio established under subsection (2) (d). ,

(

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

(3) Letters patent under subsection (2) may do one or more of the following:

(

a) transfer to and vest in the municipality any of the regional district's rights, property and assets that relate to the transferred service;

(

b) transfer to and declare as assumed by the municipality any of the regional district's obligations that relate to the transferred service;

(

c) provide that a bylaw of the regional district does not continue in force under

section 24 (2);

(

d) continue in force any resolutions of the regional district as resolutions of the municipality applicable to the area of the municipality to which they applied as resolutions of the regional district until those resolutions are amended or repealed by the council of the municipality;

(

e) require the council of the municipality to amend or repeal by a specified date a bylaw continued under

section 24 (2) or a resolution continued under paragraph (

d) of this subsection;

(

f) deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the municipality. , and

(

f) by adding the following subsection:

(4.2) On the effective date of the transfer under subsection (2) (

a) of jurisdiction for a service in respect of a specified part of the service area, the service area for the service provided by the regional district is deemed to be reduced to exclude the specified part of the service area for which jurisdiction was transferred.

(Ministry of Community Services)

SECTION 68: [Local Government Act,

section 782.1] provides for additional powers that

may be exercised by letters patent or an order of the Lieutenant Governor in

Council in relation to regional districts.

68 The following

section is added to Division 2 of

Part 24:

Additional powers

782.1

(1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent or by order, do one or more of the following in relation to the incorporation of a regional district, the establishment or elimination of an electoral area, the redefinition of the boundaries of an electoral area or the alteration of the boundaries of a regional district:

(

a) impose requirements on the regional district;

(

b) restrict the powers of the regional district;

(

c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(

d) in respect of a provision included in the letters patent or order under paragraphs (

a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(3) As restrictions, in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

(

a) override an absolute prohibition contained in an enactment;

(

b) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.

(Ministry of Community Services)

SECTION 69: [Local Government Act,

section 857] makes a regional district's regional

growth strategy binding on a new municipality incorporated in the regional

district if the regional growth strategy applies to an area of the new

municipality.

Section 857 is amended by adding the following subsection:

(9) If an area in a regional district is incorporated as a new municipality and the regional district has adopted a regional growth strategy for all or part of the area of the new municipality, the regional growth strategy is binding on that new municipality.

(Ministry of Community Services)

SECTION 70: [Local Government Act,

section 866] provides for the inclusion of a regional

context statement in an official community plan if a regional growth strategy

is binding on a new municipality under proposed

section 857 (9) of the Act.

Section 866 is amended by adding the following subsection:

(9) If a regional growth strategy is binding on a new municipality under

section 857 (9) and the regional growth strategy applies to all or part of the same area of the municipality as an official community plan, the requirement under subsection (1) of this

section must be fulfilled by the council submitting a proposed regional context statement to the board within the earlier of the following:

(

a) the period established by the Lieutenant Governor in Council by letters patent;

(b) 2 years after the municipality was incorporated.

Miscellaneous Statutes Amendment Act, 2000

(Ministry of Attorney General)

SECTION 71: [Miscellaneous Statutes Amendment Act, 2000,

section 44] amends this

provision (which, when brought into force, will amend

section 62 of the

Petroleum and Natural Gas Act ) to parallel the proposed amendment to that

section.

Section 44 of the Miscellaneous Statutes Amendment Act, 2000, S.B.C. 2000, c. 9, as it enacts

section 62 (2) of the Petroleum and Natural Gas Act, is amended by striking out " under

section 58 or 61 " and substituting " under

section 58, 61 or 61.1 ".

Miscellaneous Statutes Amendment Act, 2007

(Ministry of Attorney General)

SECTION 72: [Miscellaneous Statutes Amendment Act, 2007,

section 67] repeals this

section, the effect of which is moved to the proposed

section 59.1 of the

Petroleum and Natural Gas Act .

Section 67 of the Miscellaneous Statutes Amendment Act, 2007, S.B.C. 2007, c. 8, is repealed.

Motor Vehicle Act

(Ministry of Public Safety and Solicitor General)

SECTION 73: [Motor Vehicle Act,

section 21] stipulates that registration number plates are

not required to be displayed on towing dollies from jurisdictions that do not

issue registration number plates for that type of trailer, re-enacting the

amendment by

section 19 of the Public Safety and Solicitor General (Gift Card

Certainty) Statutes Amendment Act, 2008 that was enacted without the

necessary reference to subsection (1) of

section 21 of the Motor Vehicle Act .

Section 21 (1) (

c) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(

c) that has displayed on it the registration number plates of that jurisdiction for the current year, or is a trailer that is designed exclusively to carry one axle of a motor vehicle for the purpose of towing that motor vehicle behind another motor vehicle and is from a jurisdiction that does not issue registration number plates for that type of trailer, .

(Ministry of Public Safety and Solicitor General)

SECTION 74: [Motor Vehicle Act,

section 25] requires an applicant for a driver's licence to

provide proof of the matters listed, and allows an applicant to request that the

applicant's driver's licence indicate his or her Canadian citizenship.

Section 25 is amended

(

a) by repealing subsection (1.1) and substituting the following:

(1.1) For the purposes of subsection (1), an applicant must, if required by the Insurance Corporation of British Columbia, provide documentary proof, satisfactory to the Insurance Corporation of British Columbia, of the following:

(

a) that the applicant is a resident of British Columbia;

(

b) the applicant's residential address in British Columbia;

(

c) that the applicant is entitled under the laws of Canada to be in Canada;

(

d) the applicant's identity. ,

(

b) by adding the following subsection:

(1.2) An applicant for a driver's licence referred to in subsection (1) who wishes the driver's licence to indicate that the applicant is a Canadian citizen must, for the purposes of subsection (1) and in addition to the other requirements in this section,

(

a) provide documentary proof of Canadian citizenship satisfactory to the Insurance Corporation of British Columbia,

(

b) sign an application in the form required by the Insurance Corporation of British Columbia,

(

c) pay the prescribed fee, and

(

d) meet the requirements set out in the regulations. ,

(

c) in subsection (7) by striking out " On receipt, in the respective forms required under subsection (1), of the application and the evaluation, and on being satisfied of the truth of the facts stated in the application, " and substituting " On receipt, in the respective forms required under subsection (1) or (1.2), of the application and the evaluation, and on being satisfied of the completeness of the application and the truth of the facts stated in the application, ", and

(

d) by adding the following subsection:

(14.1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations as follows:

(

a) setting out additional requirements that must be met by an applicant for a driver's licence that indicates the driver is a Canadian citizen;

(

b) setting out requirements that must be met or continue to be met by a person who holds a driver's licence that indicates the driver is a Canadian citizen;

(

c) setting out reasons for which a driver's licence that indicates the driver is a Canadian citizen may be cancelled;

(

d) specifying that

section 25 (1.2) does not apply to a class of driver's licence.

(Ministry of Public Safety and Solicitor General)

SECTION 75: [Motor Vehicle Act,

section 26] allows the Insurance Corporation of British

Columbia to refuse to issue a driver's licence if an applicant has been convicted

of certain offences or prohibited from driving in another province.

Section 26 is amended by adding the following subsections:

(1.1) The Insurance Corporation of British Columbia may, without a hearing, refuse to issue a driver's licence to a person who

(

a) is indebted to the government of another province because of his or her failure to pay a fine, or a victim's surcharge levy under legislation similar to the Victims of Crime Act , imposed as a result of a conviction under

(

i) a motor vehicle related Criminal Code offence, or

(ii) a provision of

an Act or regulation of the other province that is set out in a regulation of the superintendent as equivalent to a provision of this Act, the Commercial Transport Act or the Transport of Dangerous Goods Act or a regulation under any of them,

whether the indebtedness arose before or after this paragraph comes into force, or

(

b) is suspended or prohibited from driving a motor vehicle in another province.

(1.2) For the purposes of subsection (1.1), the Insurance Corporation of British Columbia may rely on information provided by another province.

(Ministry of Public Safety and Solicitor General)

SECTION 76: [Motor Vehicle Act,

section 26.1] allows the Insurance Corporation of British

Columbia to cancel a driver's licence that indicates Canadian citizenship.

Section 26.1 is amended by adding the following subsection:

(2.1) Despite any other provision of this Act or the regulations, the Insurance Corporation of British Columbia may, with or without a hearing or refunding the fees for the licence, cancel the driver's licence of a person who holds a driver's licence that indicates he or she is a Canadian citizen

(

a) if the person does not meet or no longer meets the requirements set out in regulations under

section 25 (14.1) (b), or

(

b) for another reason set out in regulations under

section 25 (14.1) (c).

(Ministry of Public Safety and Solicitor General)

SECTION 77: [Motor Vehicle Act,

section 31] aligns the requirements of

section 31 of the

Act with those in the proposed amendments to

section 25.

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

(1) If the residential address of the holder of a driver's licence issued under this Act is changed from the address stated on the driver's licence, he or she must, within 10 days of the change of residential address,

(

a) notify the Insurance Corporation of British Columbia of the change stating the number of his or her driver's licence and his or her former and new addresses, and

(

b) provide proof satisfactory to the corporation of his or her identity.

(Ministry of Public Safety and Solicitor General)

SECTION 78: [Motor Vehicle Act,

section 60] authorizes the Insurance Corporation of

British Columbia to issue a driver's licence with a term that is not longer than

that of the driver's legal entitlement to be in Canada.

Section 60 is amended

(

a) in subsection (4) by striking out " Subject to subsections (5) and (6), " and substituting " Subject to subsections (5), (6) and (6.1), ", and

(

b) by adding the following subsection:

(6.1) If a person is not a Canadian citizen or permanent resident of Canada, the Insurance Corporation of British Columbia may only issue to the person a driver's licence with a term that is of a duration that is no longer than the period during which, under the laws of Canada, the person is entitled to be in Canada.

(Ministry of Public Safety and Solicitor General)

SECTION 79: [Motor Vehicle Act,

section 67] repeals provisions requiring accident reports

to be made by drivers and by the police, the subject of which will instead

appear in the new sections 67.1 and 249 of the Act, respectively.

Section 67 is repealed.

(Ministry of Public Safety and Solicitor General)

SECTION 80: [Motor Vehicle Act,

section 67.1] requires drivers to report accidents.

80 The following

section is added:

Accident reports

67.1

(1) If a vehicle driven or operated on a highway directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding a prescribed amount, the driver of the vehicle must within the prescribed period of time after the accident report the accident, in the form established by the superintendent, to the person or public body identified in the regulations for this purpose.

(2) If a person required to make a report under subsection (1) is incapable of making the report, and there was another occupant of the vehicle at the time of the accident who is capable of making the report, that occupant must make the report.

(3) Every report made under this

section is without prejudice and for the information of the person or public body to whom the report is made and must not be open to public inspection, except that a person involved in an accident, or that person's authorized representative, is entitled to obtain on request the names of any drivers involved, the licence number, the name of the registered owner of any motor vehicle involved and the name of any witness.

(4) The fact a report has been made under this

section is admissible in evidence solely to prove compliance with this section, and the report is admissible in evidence on the prosecution of any person for the offence of making a false statement in that report, but neither the report nor any statement contained in it is admissible in evidence for any other purpose in a trial or proceeding arising out of the accident referred to in the report.

(Ministry of Public Safety and Solicitor General)

SECTION 81: [Motor Vehicle Act,

section 68] is consequential to amendments made by this

Bill to provisions of the Act respecting accident reports.

Section 68 (1) (

c) is amended by striking out " to a peace officer or ".

(Ministry of Public Safety and Solicitor General)

SECTION 82: [Motor Vehicle Act,

section 103.1] authorizes the Insurance Corporation of

British Columbia to collect conviction information from other provinces.

82 The following

section is added:

Right to collect information

103.1 The Insurance Corporation of British Columbia is authorized to collect information from another province about the conviction of a person under

(

a) a motor vehicle related Criminal Code offence, or

(

b) a provision of

an Act or regulation of the other province that is set out in a regulation of the superintendent as equivalent to a provision of this Act, the Commercial Transport Act or the Transport of Dangerous Goods Act or a regulation under any of them,

whether the conviction occurred before or after this

section comes into force.

(Ministry of Public Safety and Solicitor General)

SECTION 83: [Motor Vehicle Act,

section 116] allows the Insurance Corporation of British

Columbia to include convictions in other provinces in a driver's abstract.

Section 116 (1) is repealed and the following substituted:

(1) The Insurance Corporation of British Columbia must, on payment of a prescribed fee, provide a person who requests information with respect to that person as owner, driver or otherwise with an abstract, certified by the corporation, of the record in the corporation's office during the 5 years preceding the request relating to that person and setting out particulars of

(

a) any conviction, order or judgment made against that person under this Act, or referred to in this Part,

(

b) any conviction under a motor vehicle related Criminal Code offence,

(

c) any conviction, order or judgment in another province under a provision of

an Act or regulation of the other province that is set out in a regulation of the superintendent as equivalent to a provision of this Act, the Commercial Transport Act or the Transport of Dangerous Goods Act or a regulation under any of them, and

(

d) any motor vehicle registered in that person's name.

(1.1) For the purposes of subsection (1), the Insurance Corporation of British Columbia may rely on information provided by another province.

(Ministry of Public Safety and Solicitor General)

SECTION 84: [Motor Vehicle Act,

section 183] repeals provisions requiring accident reports

to be made by cyclists, the subject of which will instead appear in the new

section 183.1 of the Act.

Section 183 is amended

(

a) in subsection (9) (

c) by striking out " , and to any peace officer who is present, ", and

(

b) by repealing subsections (10) to (13).

(Ministry of Public Safety and Solicitor General)

SECTION 85: [Motor Vehicle Act,

section 183.1] requires cyclists to report accidents.

85 The following

section is added:

Accident reports

183.1

(1) If an accident involving the presence or operation of a cycle on a highway or a sidewalk directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding a prescribed amount, the person in charge of the cycle must within the prescribed period of time after the accident report the accident, in the form established by the superintendent, to the person or public body identified in the regulations for this purpose.

(2) A report made under subsection (1) is without prejudice and is for the information of the person or public body to whom the report is made and must not be open to public inspection.

(3) The fact the report has been made is admissible in evidence solely to prove compliance with this section, and the report is admissible in evidence on the prosecution of any person for the offence of making a false statement in it, but neither the report nor any statement contained in it is admissible in evidence for any other purpose in a trial or proceeding arising out of the accident referred to in the report.

(Ministry of Public Safety and Solicitor General)

SECTION 86: [Motor Vehicle Act,

section 210] adds

convictions in other provinces for the purposes of the penalty point system and broadens the power concerning identification cards;

regulation-making powers for the purposes of sections 67.1 and 183.1, added to the Act by this Bill;

a general regulation-making power that can be used to make regulations contemplated by the amendments made to the Act by this Bill.

Section 210 is amended

(

a) in subsection (3)

(

i) in paragraph (

g) by striking out " or " at the end of subparagraph (i), by adding " , or " at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) prescribed offences under

an Act or regulation of another province; ,

(ii) by repealing paragraph (

p) and substituting the following:

(

p) respecting identification cards for persons, whether or not they hold licences under this Act, including, without limitation, the requirements and conditions that must be met by an applicant for an identification card or by the holder of an identification card and the cancellation of cards, with power to delegate a matter or confer a discretion relating to the issue, cancellation and form of identification cards; , and

(iii) by adding the following paragraphs:

(

u) identifying a person or public body for the purposes of

section 67.1 or 183.1, with power to identify a different person or public body for different purposes;

(

v) exempting persons or classes of persons from the requirements of

section 67.1 or 183.1. , and

(

b) by adding the following subsection:

(11) Without limiting the authority of the Lieutenant Governor in Council to make regulations under another provision of this Act, the Lieutenant Governor in Council may make regulations respecting any matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.

(Ministry of Public Safety and Solicitor General)

SECTION 87: [Motor Vehicle Act,

section 212.3] adds a power of the superintendent of

motor vehicles to make regulations concerning equivalent convictions in other

provinces.

87 The following

section is added:

Regulations of the superintendent respecting equivalent convictions

212.3 The superintendent may make regulations for the purposes of sections 26 (1.1), 103.1 and 116 (1) setting out a provision of

an Act or regulation of another province that is, in the opinion of the superintendent, equivalent to a specified provision of this Act, the Commercial Transport Act or the Transport of Dangerous Goods Act or a regulation under any of them.

(Ministry of Public Safety and Solicitor General)

SECTION 88: [Motor Vehicle Act,

section 249] replaces provisions about accident reports

made by the police.

88 The following

Part is added:

Part 8 – Police Accident Reports

Accident reports by police officer

(1) If

(

a) a vehicle driven or operated on a highway directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding a prescribed amount, or

(

b) an accident involving the presence or operation of a cycle on a highway or a sidewalk directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding a prescribed amount,

a police officer who attends the accident must complete a written report of the accident in the form established by the Insurance Corporation of British Columbia and forward it to the corporation within 10 days of the accident.

(2) A person involved in an accident referred to in subsection (1) (a), or that person's authorized representative, is entitled to obtain on request the names of any drivers involved, the licence number, the name of the registered owner of any motor vehicle involved and the name of any witness.

Municipal Finance Authority Act

(Ministry of Community Services)

SECTION 89: [Municipal Finance Authority Act,

section 1] adds a definition of "northern

municipality" and modifies the definition of "regional district" to include the

northern municipality.

Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended

(

a) by adding the following definition:

"northern municipality" has the same meaning as in

section 25 of the Municipalities Enabling and Validating Act (No. 3) ; , and

(

b) by repealing the definition of "regional district" and substituting the following:

"regional district" includes,

(

a) except for the purposes of the

definitions of "pooled investment fund" and "public institution", the northern municipality, and

(

b) except for the purposes of sections 2 and 7,

(

i) the Greater Vancouver Water District,

(ii) the Greater Vancouver Sewerage and Drainage District, and

(iii) a regional hospital district under the Hospital District Act , other than the Greater Vancouver Regional Hospital District,

if a notice of intention has been given under

section 25; .

(Ministry of Community Services)

SECTION 90: [Municipal Finance Authority Act,

section 1.1] provides for the application

of the Act to the northern municipality.

90 The following

section is added:

Modifications required in respect of northern municipality

1.1

(1) For the purpose of applying this Act to the northern municipality,

(

a) a reference in this Act to a regional board or the board of a regional district is to be read as a reference to the council of the northern municipality, and

(

b) a reference in this Act to a director of a regional board is to be read as a reference to a council member of the council of the northern municipality.

(2) For the purpose of applying sections 15 (3) (

b) and 26 (1) to the northern municipality, the references in those sections to the chair and financial officer of the regional district are to be read as references to the mayor and financial officer of the northern municipality.

(Ministry of Community Services)

SECTION 91: [Municipal Finance Authority Act,

section 2] provides for certain persons to

continue as members or alternate members of the authority until a successor is

appointed.

Section 2 is amended by adding the following subsection:

(12) Despite any other provision in this section, a person who is a member or alternate member of the authority on the date this subsection comes into force and who was appointed by the regional board of the Northern Rockies Regional District continues as a member or alternate member of the authority until a successor is appointed by the council of the northern municipality.

Municipalities Enabling and Validating Act (No. 3)

(Ministry of Community Services)

SECTION 92: [Municipalities Enabling and Validating Act (No. 3), sections 10 and 11] is

self-explanatory.

92 Sections 10 and 11 of the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, are repealed.

(Ministry of Community Services)

SECTION 93: [Municipalities Enabling and Validating Act (No. 3),

Part 8]

(

a) is self-explanatory,

(

b) adds sections 23 and 24:

confirms and validates a provision of the letters patent incorporating the Comox Valley Regional District and validates any related resolutions, bylaws and actions taken;

provides for the designation of a development cost charge region in the Comox Valley Regional District;

requires a local government to refer to all affected local governments a proposed development cost charge bylaw and other material before the local government gives first reading to the proposed bylaw;

requires an affected local government to promptly review the material referred to it and provides for its response to the proposing local government;

provides additional requirements respecting information that is to be submitted when the proposed bylaw is submitted to the inspector for approval and provides an additional ground on which the inspector may refuse to grant approval;

authorizes the inspector to require a local government to review its development cost charge bylaws that apply in the development cost charge region and requires the local government to report to the inspector if changes to the development cost charge bylaws are not proposed or if a proposed bylaw was not given first reading, and

(

c) adds Division 2:

provides for the dissolution of the Northern Rockies Regional District;

provides for the alteration of boundaries of the northern municipality and an adjoining regional district;

provides for the northern municipality undertaking financing through the Municipal Finance Authority of British Columbia;

applies specified provisions of the Local Government Act ;

authorizes the Lieutenant Governor in Council to make interim regulations in relation to the northern municipality.

Part 8 is amended

(

a) by adding the following heading immediately before

section 22:

Division 1 – General ,

(

b) by adding the following sections:

Letters patent – Comox Valley Regional District

(1) Despite

section 796.1 of the Local Government Act ,

section 16 (3) of the letters patent incorporating the Comox Valley Regional District, issued further to Order in Council 59/2008, is confirmed and validated.

(2) All resolutions, bylaws and actions of the Comox Valley Regional District in relation to the establishing bylaws referred to in

section 16 (3) of the letters patent incorporating the Comox Valley Regional District are conclusively deemed to have been validly adopted or taken as of the date that they were adopted or taken, to the extent they would have been valid had this

section been in force on the date they were adopted or taken.

(3) This

section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Comox Valley Regional District –

development cost charge bylaws

(1) In this section:

"affected local government" , in relation to a development cost charge region, means

(

a) a municipality, if all or part of the municipality is in the development cost charge region, and

(

b) the Comox Valley Regional District, if all or part of an electoral area is in the development cost charge region,

but does not include the municipality whose council is proposing the development cost charge bylaw or the Comox Valley Regional District if the board is proposing the development cost charge bylaw;

"minister" means the minister charged with the administration of the Community Charter ;

"proposed bylaw" means a proposed development cost charge bylaw that is to apply in relation to a subdivision, building or structure in the development cost charge region.

(2) The minister may, by order, designate all or part of the area of the Comox Valley Regional District as a development cost charge region.

(3) A local government may not give a proposed bylaw first reading unless

(

a) at least 60 days before the proposed bylaw is given first reading, the local government has referred the matter to all affected local governments in accordance with subsection (4), and

(

b) the local government has taken into consideration any responses provided under subsection (5) (b).

(4) For the purposes of subsections (3) (

a) and (8) (b), a local government must, by resolution, refer to all affected local governments all of the following material:

(

a) any proposed bylaw;

(

b) any relevant development cost charge bylaw that applies in the development cost charge region;

(

c) in respect of any proposed bylaw and any relevant development cost charge bylaw, the considerations, information and calculations used to determine the

schedule referred to in

section 934 (1) of the Local Government Act , but any information respecting the contemplated acquisition costs of specific properties is not required to be referred;

(

d) any other information required under subsection (10) of this section.

(5) After receiving the material referred to it under subsection (4), each affected local government

(

a) must promptly review the material in the context of any development cost charge policies, official community plans, regional growth strategies and strategies respecting services for its jurisdiction, both those that are current and those that are in preparation, and in the context of any other matters that affect its jurisdiction, and

(

b) within 45 days after receiving the material, may respond, by resolution, to the proposing local government by providing the results of the review under paragraph (

a) of this subsection.

(6) When a local government submits a proposed bylaw to the inspector for approval under

section 937 of the Local Government Act , the local government must submit to the inspector information respecting the consideration by the local government of the responses provided under subsection (5) (

b) of this

section in respect of the proposed bylaw.

(7) In addition to the reasons the inspector may refuse to grant approval under

section 937 (2) of the Local Government Act , the inspector may refuse to grant approval of a proposed bylaw under

section 937 (1) of that Act if the inspector determines that the local government has not properly considered the responses provided under subsection (5) (

b) of this

section in respect of the proposed bylaw.

(8) The inspector may require a local government

(

a) to review, by a date specified by the inspector, a development cost charge bylaw that applies in the development cost charge region, and

(

b) as part of the review, to refer the matter to all affected local governments in accordance with subsection (4).

(9) If a local government is required under subsection (8) to review a development cost charge bylaw and, further to the review, the local government does not give a proposed bylaw first reading within 120 days after the date specified by the inspector under subsection 8 (a), the local government must promptly submit to the inspector the results of the review, including

(

a) reasons why changes to the development cost charge bylaw are not proposed or why a proposed bylaw was not given first reading, and

(

b) information respecting the consideration by the local government of the responses provided under subsection (5) (

b) in respect of the development cost charge bylaw or a proposed bylaw.

(10) The minister may, by order, do one or both of the following:

(

a) specify information for the purposes of subsection (4) (d);

(

b) impose requirements on a local government relating to the development of a proposed bylaw. , and

(

c) by adding the following Division:

Division 2 – Provisions Respecting New Northern Municipality

and Dissolution of Northern Rockies Regional District

Definition

25 In this Division, "northern municipality" means the municipality whose incorporation under

section 7 (1) of the Local Government Act resulted in the revocation under

section 7 (3) of that Act of the letters patent of the Town of Fort Nelson.

Dissolution of Northern Rockies Regional District

(1) On the incorporation of the northern municipality, the Lieutenant Governor in Council may, by order, revoke the letters patent of the Northern Rockies Regional District.

(2) On the revocation of the letters patent of the Northern Rockies Regional District, the Northern Rockies Regional District is dissolved.

(3) Section 12.5 [transfer of assets and obligations and continuation of bylaws] of the Local Government Act applies for the purposes of this section, except that

(

a) a reference in that

section to the dissolved municipality is to be read as a reference to the Northern Rockies Regional District, and

(

b) a reference in that

section to the new municipality is to be read as a reference to the northern municipality.

(4) In respect of bylaws or resolutions continued in force as bylaws or resolutions of the northern municipality, if there is a conflict or inconsistency between a bylaw or resolution of the Town of Fort Nelson that is continued under

section 12.5 of the Local Government Act and a bylaw or resolution of the Northern Rockies Regional District that is continued under

section 12.5 of the Local Government Act , as that

section applies for the purposes of this section, the bylaw or resolution of the Northern Rockies Regional District prevails.

Alteration of northern municipality's boundaries

and adjoining regional district

(1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, alter the boundaries of the northern municipality and an adjoining regional district by reducing the area of one and increasing the area of the other by the inclusion of the area withdrawn.

(2) Before making a recommendation under subsection (1), the minister must

(

a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries,

(

b) notify all regional districts that will be affected by the proposed recommendation, and

(

c) in the case of reducing the area of the northern municipality and increasing the area of an adjoining regional district by the inclusion of the area withdrawn, receive from the council of the northern municipality a request made in accordance with

section 26 [reduction of municipal area] of the Local Government Act .

(3) Letters patent under subsection (1) may not be issued for 6 months after notice has been given under subsection (2) (b).

(4) In letters patent under subsection (1), the Lieutenant Governor in Council may do one or more of the following:

(

a) transfer to and vest in the northern municipality or regional district any of the rights, property and assets of the other;

(

b) transfer to and declare as assumed by the northern municipality or regional district any of the obligations of the other;

(

c) provide that a bylaw or resolution of the council or board having jurisdiction before the alteration of boundaries does not remain in force under subsection (5);

(

d) require the council of the northern municipality or the board of the regional district to amend or repeal by a specified date a bylaw or resolution that remains in force under subsection (5);

(

e) deem a reference to the northern municipality or regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the other.

(5) Subject to the letters patent, the bylaws and resolutions of the council of the northern municipality or board of the regional district that had jurisdiction before the alteration of boundaries remain in force until they are amended or repealed by the council of the northern municipality or the board of the regional district having jurisdiction following the alteration of boundaries.

Security issuing and loan authorization bylaws

28 (1)

Section 825 (1) to (4) [security issuing bylaws] of the Local Government Act applies to the northern municipality, except that the reference to a board is to be read as a reference to the council of the northern municipality.

(2) Section 262 (3.1) [application to court to set aside security issuing bylaw] of the Local Government Act applies to the northern municipality, except that the references to a regional district are to be read as references to the northern municipality.

(3) Section 182 [municipal financing through regional district] of the Community Charter does not apply to the northern municipality.

(4) In applying sections 179 (4) [loan authorization bylaws for long term borrowing] and 181 (2) [temporary borrowing under loan authorization bylaw] of the Community Charter to the northern municipality, a reference to

section 182 of the Community Charter is to be read as a reference to subsection (5) of this section.

(5) Except as permitted by

section 181 [temporary borrowing under loan authorization bylaw] of the Community Charter or by the Municipal Finance Authority Act , the northern municipality must not borrow money under a loan authorization bylaw unless the financing is undertaken under

section 825 of the Local Government Act , as it applies under subsection (1) of this section, through the Municipal Finance Authority of British Columbia.

Application of Local Government Act provisions

29 Sections 6.9 [application of Escheat Act] and 15 [publication of letters patent] of the Local Government Act apply for the purposes of this Division.

Interim regulations

(1) In this section, "designated enactment" means any of the following:

(

a) the Community Charter ;

(

b) the Environmental Management Act ;

(

c) the Hospital District Act ;

(

d) the Local Government Act ;

(

e) the Municipal Finance Authority Act ;

(

f) a regulation under

an Act referred to in paragraphs (

a) to (e).

(2) Despite the designated enactments, the Lieutenant Governor in Council may make regulations as follows:

(

a) providing an exception to or a modification of a provision in a designated enactment or providing for the application or continued application of a provision in a designated enactment in relation to the northern municipality or an area that is not in the northern municipality but was in the Northern Rockies Regional District;

(

b) making provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties in relation to the incorporation of the northern municipality or the dissolution of the Northern Rockies Regional District.

(3) A regulation under subsection (2) may be made retroactive to the date of incorporation of the northern municipality or a later date, and if made retroactive is deemed to have come into force on the specified date.

(4) To the extent of any conflict between a regulation under subsection (2) and a designated enactment, the regulation prevails.

(5) A regulation may not be made under subsection (2) and a regulation made under subsection (2) ceases to have effect after December 31, 2010.

Petroleum and Natural Gas Act

(Ministry of Energy, Mines and Petroleum Resources)

SECTION 94: [Petroleum and Natural Gas Act,

section 55] allows the area of a lease issued

under the proposed

section 72 of the Act to be of a non-standard size.

Section 55 (1) (

b) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed and the following substituted:

(

b) to be the location of a lease issued under

section 71 or 72.

(Ministry of Energy, Mines and Petroleum Resources)

SECTION 95: [Petroleum and Natural Gas Act,

section 56] provides an exception from the

work completion rules of this

section for dispositions made under the proposed

section 72 of the Act.

Section 56 is amended by adding the following subsection:

(3) This

section does not apply to a disposition made under

(

a) section 71 or 72, or

(

b) a regulation under

section 133 (2) (e).

(Ministry of Energy, Mines and Petroleum Resources)

SECTION 96: [Petroleum and Natural Gas Act,

section 58] adds a reference to the proposed

section 61.1 of the Act.

Section 58 (3) is amended by striking out " under this section, " and substituting " under this

section or

section 61.1, ".

(Ministry of Energy, Mines and Petroleum Resou