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2006 Legislative Session: 2nd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CAROLE TAYLOR

MINISTER OF FINANCE

BILL 3 – 2006

PUBLIC AGENCY ACCOMMODATION ACT

Contents

Section

Definitions

Transfer of property

Transfer of obligations and liabilities

Records of transferred assets and liabilities

Dealings with transferred assets

Application of the Land Act

Transfer is not a default

Powers of minister

Corporation dissolved

Power to make regulations

11-20

Consequential Amendments

Commencement

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

Definitions

1 In this Act:

"administered land" means land referred to in

section 6 (1) (a), (

b) or (

c) while under the minister's administration;

"corporation" means the British Columbia Buildings Corporation continued under

section 2 (1) of the British Columbia Buildings Corporation Act ;

"public agency" means

(

a) the government, including, without limitation, a ministry, office, agency, board or commission of the government,

(

c) a local government,

(

d) the Legislative Assembly, including, without limitation, the Legislative Library, the office of any officer of the Legislature and the office of any officer of the Legislative Assembly,

(

e) a government body within the meaning of the Financial Administration Act , or

(

f) any other entity designated as a public agency for the purposes of this Act by a directive of Treasury Board.

Transfer of property

(1) Despite any enactment or law to the contrary, on the coming into force of this Act, all of the corporation's rights, property and assets are transferred to and vested in the government.

(2) Despite any other enactment or law to the contrary,

(

a) the transfer and vesting effected by subsection (1) takes effect without

(

i) the execution or issue of any record, or

(ii) any registration or filing of this Act or any other record in or with any registry or other office,

(

b) the transfer and vesting effected by subsection (1) takes effect despite

(

i) any prohibition on all or any part of the transfer, and

(ii) the absence of any consent or approval that is or may be required for all or any part of the transfer,

(

c) if any right, property or asset referred to in subsection (1) is registered or otherwise recorded in the name of the corporation, that registration or record may remain but is deemed, for all purposes of this and all other enactments and law, to reflect that the right, property or asset is owned by and vested in the government, and

(

d) in any record in or by which the government deals with a right, property or asset referred to in subsection (1), it is sufficient to cite this Act as effecting and confirming the transfer from the corporation to the government of title to the right, property or asset and the vesting of that title in the government.

(3) For the purposes of this section, assets that become assets of the government under this

section include records and parts of records, and, without limiting this, all of the records and parts of records of the corporation are transferred to and become the records of the government on the coming into force of this Act.

Transfer of obligations and liabilities

3 On the coming into force of this Act, all obligations and liabilities of the corporation

(

a) are transferred to and assumed by the government,

(

b) become the government's obligations and liabilities, and

(

c) may be enforced against the government as if the government had incurred them.

Records of transferred assets and liabilities

(1) Subject to subsection (2), a reference to the corporation in any record, including, without limitation, in any security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate that creates, evidences or otherwise relates to a right, property, asset, obligation or liability transferred to the government under this Act, is deemed to be a reference to the government.

(2) If, under this Act, a part of a right, property, asset, obligation or liability is transferred to the government, any record, including, without limitation, any security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate that creates, evidences or otherwise relates to that right, property, asset, obligation or liability, is deemed to be amended to reflect the government's interests in that right, property, asset, obligation or liability.

Dealings with transferred assets

5 Without limiting

section 2 (2) (

c) or

section 383.1 of the Land Title Act , if a right, property or asset referred to in

section 2 (1) is registered or recorded in the name of the corporation,

(

a) the government may, in its own name,

(

i) effect a transfer, charge, encumbrance or other dealing with the right, property or asset, and

(ii) execute any record required to give effect to that transfer, charge, encumbrance or other dealing, and

(

b) an official

(

i) who has authority over a registry or other office, including, without limitation, the personal property registry and a land title office, in which title to or interests in the right, property or asset is registered or recorded, and

(ii) to whom a record referred to in paragraph (a) (ii) executed by or on behalf of the government is submitted in support of the transfer, charge, encumbrance or other dealing

must give the record the same effect as if it had been duly executed by the corporation.

Application of the Land Act

(1) Subject to subsections (2) and (3), the Land Act does not apply to the following while under the minister's administration:

(

a) land referred to in

section 2 (1);

(

b) land that is acquired by the minister under

section 8 (1) (a);

(

c) land the administration of which is transferred to the minister under

section 106 of the Land Act .

(2) Section 50 of the Land Act applies to administered land.

(3) The Lieutenant Governor in Council may direct, by regulation, that one or more provisions of the Land Act , additional to those provisions referred to in subsection (2), apply to some or all of the administered land.

(4) For the purposes of subsections (2) and (3), if a provision of the Land Act applies to administered land, a reference in that provision to "Crown land" is deemed to be a reference to the administered land.

Transfer is not a default

7 Despite any provision to the contrary in a record, including, without limitation, in a security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate, the transfer to the government of a right, property, asset, obligation or liability under sections 2 and 3 and an amendment to a register under

section 383.1 of the Land Title Act does not constitute a breach or contravention of, or an event of default under, the record, and, without limiting this, does not entitle any person who has an interest in the right, property, asset, obligation or liability to claim any damages, compensation or other remedy.

Powers of minister

(

a) acquire land, on behalf of the government, by purchase, lease or otherwise, for present or future accommodation of a public agency or any undertaking in which a public agency is involved;

(

b) dispose of, or make available to any persons, all or any part of administered land;

(

c) provide to public agencies, in relation to land in which those public agencies have an interest or in which they, or an undertaking in which they are involved, are accommodated, one or more of services, accommodation and facilities, including, without limitation,

(

i) developing, constructing, altering, maintaining, managing and operating the land,

(ii) acting as a general contractor or project manager, and

(iii) acquiring, by purchase, rental or otherwise, equipment, fixtures and other property, real or personal and movable or immovable, required for the land;

(

d) set and levy a fee or charge to be paid by the person to whom a disposition is made under paragraph (

b) or to whom a service, accommodation or facility is provided under paragraph (c).

(2) The minister may transfer the administration of administered land to any ministry of the government with the consent of that other ministry.

Corporation dissolved

9 The corporation is dissolved and disestablished and the appointment of each director of the corporation is rescinded.

Power to make regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) defining any word or expression used but not defined in this Act;

(

b) prescribing additional functions or activities to be carried out or engaged in by the minister;

(

c) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.

Consequential Amendments

British Columbia Buildings Corporation Act

11 The British Columbia Buildings Corporation Act, R.S.B.C. 1996, c. 33, is repealed.

British Columbia Enterprise Corporation Act

Section 6 (2) of the British Columbia Enterprise Corporation Act, R.S.B.C. 1996, c. 35, is amended by adding " , as it read immediately before its repeal by the Public Agency Accommodation Act , " after " British Columbia Buildings Corporation Act ".

Financial Information Act

Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out " British Columbia Buildings Corporation ".

Freedom of Information and Protection of Privacy Act

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

Public Body:

British Columbia Buildings Corporation

Head:

Chair of the Board of Directors .

Land Act

Section 1 of the Land Act, R.S.B.C. 1996, c. 245, is amended in the definition of "Crown land" by striking out " means " and substituting " , subject to

section 1.1, means ".

16 The following

section is added before

Part 1:

Exclusions from Crown land definition

1.1 A reference in a provision of this Act to Crown land does not include land referred to in

section 6 (1) of the Public Agency Accommodation Act unless that provision of this Act is expressly made applicable to that land under

section 6 (2) or (3) of the Public Agency Accommodation Act .

Section 106 (3) is amended by striking out " the Ministry of Lands, Parks and Housing Act , " and substituting " the Ministry of Lands, Parks and Housing Act or the Public Agency Accommodation Act , ".

Land Title Act

18 The Land Title Act , R.S.B.C. 1996, c. 250, is amended by adding the following section:

Public Agency Accommodation Act amendments

383.1

(1) Without limiting any other power of the registrar under this or any other enactment, the registrar may amend any part of the register to reflect the transfer and vesting effected by

section 2 (1) of the Public Agency Accommodation Act .

(2) In making an amendment under subsection (1), the registrar must not erase or render illegible the original words.

(3) The registrar must affix the registrar's signature to the amendment and the date on which the amendment was made.

(4) Subsections (2) and (3) do not apply to an amendment made to records stored by electronic means.

(5) Without limiting

section 2 (2) (

c) of the Public Agency Accommodation Act , an amendment under this

section is valid and effective from the time

section 2 of the Public Agency Accommodation Act comes into force.

Miscellaneous Statutes Amendment Act (No. 2), 1997

19 Sections 1 and 2 of the Miscellaneous Statutes Amendment Act (No. 2) , 1997, S.B.C. 1997, c. 39, are repealed.

Workers Compensation Act

Section 37 (1) of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended opposite the words " Class 11 " by striking out " British Columbia Buildings Corporation, ".

Commencement

21 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

This Bill repeals the British Columbia Buildings Corporation Act , dissolves the British Columbia Buildings Corporation, transfers to the government all of the corporation's assets and obligations and allows government to deal with those assets even though they may be registered in the name of the corporation. The minister responsible for the administration of this Bill may exercise, in relation to the rights, property and assets that are transferred to, or acquired by, the minister under this Bill, similar rights and powers to those that the corporation could have exercised.

Copyright (c) 2007: Queen’s Printer, Victoria, British Columbia, Canada