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c) Queen's Printer,

Victoria, British Columbia, Canada

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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR

MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 50 – 1998

MISCELLANEOUS STATUTES AMENDMENT

ACT (No. 3), 1998

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

Province of British Columbia, enacts as follows:

Human Tissue Gift Act

1 The Human Tissue Gift Act, R.S.B.C. 1996, c. 221, is amended by adding the

following section:

Regulations

(1) The Lieutenant Governor in Council may make regulations that establish

standards, practices, protocols or procedures

(

a) requiring notification of an agency described by subsection (2) (d), patients or

relatives of patients so that consideration can be given in a timely manner to the giving

of a consent in appropriate circumstances,

(

b) facilitating the giving of consents if patients or their relatives wish these

consents to be given, or

(

c) expediting the effective use of consents.

(2) Regulations under subsection (1) may be made to apply to

(

a) health care professionals specified in those regulations,

(

b) a hospital as defined in

section 1 of the Hospital Act or a licensed

hospital as defined in

section 5 of that Act,

(

c) a community care facility as defined in

section 1 of the Community Care Facility

Act , or

(

d) an agency specified in those regulations that facilitates and coordinates

transplants in British Columbia.

Land Act

Section 97 (1) of the Land Act, R.S.B.C. 1996, c. 245, is amended

(

a) in paragraph (

a) by striking out "to a public officer in

the ministry," and substituting "to a government corporation,

as defined in the Financial Administration Act , or to a public

officer in the ministry," , and

(

b) in paragraph (

b) by adding "or a government corporation, as

defined in the Financial Administration Act " after "public

officer" .

Section 105 is amended by adding the following paragraph:

(c.1) an employee of a government corporation to which the minister has delegated a

power under

section 97 (1) who has identification from the government corporation for the

purpose; .

Liquor Control and Licensing Act

Section 18 of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is

amended by adding the following subsection:

(4) Subject to the regulations, the general manager may exempt a person from

prohibitions and restrictions under subsection (1) in respect of an establishment, and may

Section 45 is amended by adding the following subsection:

(4) Subject to the regulations, the general manager may exempt a person from

prohibitions and restrictions under subsections (1) and (2) in respect of an

Section 84 (2) is amended by adding the following paragraph:

(

q) respecting the criteria to be considered by the general manager under sections 18

(4) and 45 (4) and the classes of persons eligible for exemptions under those provisions;

exemptions under sections 18 (4) and 45 (4).

Lottery Act

Section 1 of the Lottery Act, R.S.B.C. 1996, c. 278, is amended by adding the

following

definitions:

"lottery scheme" means lottery scheme as defined in

section 207 (4) of

the Criminal Code;

"person" includes an unincorporated charitable, religious or other

organization.

Section 2 (1) is amended

(

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

(

b) by striking out "and" at the end of paragraph (c),

and

(

c) by repealing paragraph (d).

9 The following

section is added:

Licences

2.1

(1) The Lieutenant Governor in Council may license persons to conduct and

manage lottery schemes in British Columbia.

(2) The Lieutenant Governor in Council, by order, may delegate, to an authority

specified in the order, the discretion under subsection (1) to license persons to conduct

and manage lottery schemes in British Columbia.

(3) The discretion under this

section to issue licences, of the Lieutenant Governor in

Council or of an authority to which that discretion is delegated under this section,

(

a) may differ for different licensees, and

(4) Each of the Provincial Secretary and Minister of Government Services, the Attorney

General and the Public Gaming Control Branch is conclusively deemed to be, and to have

been between May 27, 1986 and the end of March 31, 1987, and the British Columbia Gaming

Commission is conclusively deemed to be, and to have been since March 31, 1987, an

authority to whom the discretion under subsection (1) to license persons to conduct and

manage lottery schemes in British Columbia has been delegated by order under subsection

(2).

(5) A licence or purported licence is conclusively deemed to have been validly issued

under this

section on the date of the licence or purported licence if the licence

(

a) was issued by

(

i) the Provincial Secretary and Minister of Government Services, the Attorney General

or the Public Gaming Control Branch between May 27, 1986 and the end of March 31, 1987, or

(ii) the British Columbia Gaming Commission between March

31, 1987 and the date of Royal Assent to the Miscellaneous Statutes Amendment

Act (No. 3), 1998 , and

(

b) authorizes or authorized, or purports or purported to authorize, a person to

conduct and manage a lottery scheme.

10 Sections 3 (1) (

a) and 5 (

c) are amended by striking out

"lotteries" and substituting "lottery schemes" .

Section 7 is amended

(

a) in subsection (2) (

a) by striking out "lotteries" and

substituting "lottery schemes" ,

(

b) by repealing subsection (2) (

c) and substituting the following:

and operation of, or participation in, lottery schemes;

(

d) prescribing fees respecting licences. ,

(

c) by adding the following subsections:

(3) A regulation made under this Act may

(

a) be made applicable generally or to a specific person, thing or transaction, or

class of persons, things or transactions,

(

b) for the purpose of the regulation, define classes of persons including classes that

may include only one person,

(

c) for the purpose of the regulation, define classes of things or transactions, and

(

d) provide differently for different persons, things or transactions, or for different

classes of persons, things or transactions.

(4) The Lieutenant Governor in Council, by regulation, may delegate the discretion to

make regulations under subsection (2) (

c) or (

d) or both (2) (

c) and (

d) to an authority

specified in the regulation.

(5) Each of the Provincial Secretary and Minister of Government Services, the Attorney

General and the Public Gaming Control Branch is conclusively deemed to be, and to have

been between May 27, 1986 and the end March 31, 1987, and the British Columbia Gaming

Commission is conclusively deemed to be, and to have been since March 31, 1987, an

authority to which the discretion under subsection (2) (

d) to prescribe fees respecting

licences has been delegated by regulation under subsection (4).

(6) Every licence fee or purported licence fee, in respect of a lottery scheme, imposed

or purported to have been imposed by

(

a) the Provincial Secretary and Minister of Government Services, the Attorney General

or the Public Gaming Control Branch between May 27, 1986 and the end of March 31, 1987, or

(

b) the British Columbia Gaming Commission, between March

31, 1987 and the date of Royal Assent to the Miscellaneous Statutes Amendment

Act (No. 3), 1998 ,

is conclusively deemed to have been validly imposed by regulation under this

section on

the date of the licence or purported licence to which the licence fee or purported licence

fee pertains.

(7) The Regulations Act does not apply, and, between May 27, 1986 and the date

of Royal Assent to the Miscellaneous Statutes Amendment Act (No. 3), 1998 did not

apply, in respect of

(

a) the licence fees referred to in subsection (6), or

(

b) a regulation referred to in subsection (6). , and

(

d) by adding the following subsection:

(8) The Regulations Act applies to regulations under this Act that are made

after the coming into force of this subsection by an authority to whom the Lieutenant

Governor in Council delegates the regulation making authority under subsection (2) (

c) or

(

d) or both (2) (

c) and (d).

Ministry of Lands, Parks and Housing Act

12 The Ministry of Lands, Parks and Housing Act R.S.B.C. 1996, c. 307, is amended

by adding the following section:

Affordable housing assistance and security for it

8.1

(1) In this section:

"affordable housing agreement" means an agreement made by the

minister, the British Columbia Housing Management Commission or any other agent of the

government with a person who has received or is to receive assistance from the government

to acquire, develop or operate an affordable housing development;

"affordable housing development" means land and improvements, all or

part of which provide or are intended to provide housing for sale or lease to or other use

by low and moderate income individuals, and includes land and improvements designated as

an affordable housing development;

"affordable housing purposes" means affordable housing purposes as

defined by the regulations;

"assistance" includes a grant, loan, guarantee or indemnity.

(2) Without limiting the terms that may be included in an agreement under this Act, an

affordable housing agreement may include a restriction that the affordable housing

development may be used only for affordable housing purposes.

(3) If an affordable housing agreement includes a restriction under subsection (2), the

minister, the British Columbia Housing Management Commission or other agent of the

government may file a written notice in the land title office containing

(

a) a description of the affordable housing development sufficient for the registrar to

identify it in the records of the land title office, and

(

b) a statement that the affordable housing development is subject to an affordable

housing agreement that includes a restriction under subsection (2).

(4) When a notice is filed under subsection (3), the registrar must make a notation of

the filing in the proper register against the title to the land affected.

(5) Unless the written consent of the minister is filed in the land title office,

(

a) a person who owns or leases an affordable housing development must not transfer,

mortgage, lease or otherwise dispose of that person's interest in the affordable housing

development, and

(

b) the registrar must not register a transfer or other disposition referred to in

paragraph (a).

(6) In the event of any omission, mistake or misfeasance by the registrar or the staff

of the registrar in relation to the making of a notation of a filing or the registration

of a transfer or other disposition under this section,

(

a) neither the registrar nor the government is liable vicariously, and

(

b) neither the assurance fund nor the Attorney General, as a nominal defendant, is

liable under

Part 20 of the Land Title Act.

(7) Once a notation is made under subsection (4),

(

a) the affordable housing agreement and, if applicable, any amendment to it is binding

on all persons who acquire an interest in the land affected, and

(

b) if a transfer, mortgage, lease or other disposition of a person's interest in an

affordable housing development is registered without the written consent of the minister

being filed as required under this section, the minister or the British Columbia Housing

Management Commission may apply to the Supreme Court for an order for specific performance

of the affordable housing agreement by the new owner or for any other remedy.

(8) The Lieutenant Governor in Council may make regulations for this

section as

follows:

(

a) defining a word or phrase used but not defined in this section;

(

b) designating land and improvements as an affordable housing development;

(

c) specifying affordable housing purposes for the purposes of a restriction under

subsection (2);

(

d) designating property held by a corporation or other person as trustee, as property

held on trust for the preservation of land and buildings for affordable housing purposes.

Municipal Act

Section 523 (1) (

a) of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed

and the following substituted:

(

a) regulate persons, their premises and their activities, to further the care,

protection, promotion and preservation of the health of the inhabitants of the

municipality, including regulating by prohibiting the smoking or other use or consumption

of tobacco products in classes of premises specified in the bylaw; .

Municipalities Enabling and Validating Act (No. 2)

14 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is

amended by adding the following sections to

Part 9:

Validation of anti-smoking bylaws

(1) Despite

section 523 (1) (

a) of the Municipal Act, as that

section

read before its amendment by the Miscellaneous Statutes Amendment Act (No. 3), 1998

and despite any decision of a court to the contrary made before or after this

section came

into force, a local government bylaw that

(

a) prohibits or purports to prohibit the smoking or other use or consumption of

tobacco products in classes of premises specified in the bylaw, and

(

b) was approved by the Minister of Health before this

section came into force,

is conclusively deemed to be valid for all purposes.

(2) A bylaw referred to in subsection (1) is conclusively deemed to have been validly

adopted and to have been and to continue to be valid and effective from the time of its

approval by the Minister of Health.

(3) All resolutions, bylaws and actions of a municipality or regional district in

relation to a bylaw referred to in subsection (1) are conclusively deemed to have been

validly adopted and 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.

(4) 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.

Airport leases

(1) In this section:

"airport body" means a municipality, regional district or prescribed

community airport body that has assumed an airport lease;

"airport lease" means a lease of a part of a parcel of land, if the

lease

(

a) was assumed by an airport body in relation to an agreement for the transfer of

(

b) has a term exceeding 3 years;

"renew" includes the making of a subsequent lease in relation to the

same property between the parties to an airport lease or their successors, heirs or

assigns.

(2) Despite

section 73 (1) (

b) of the Land Title Act ,

an airport lease is confirmed and validated as an effective contract between

the parties as of the date on which the lease was assumed by the airport body.

(3) If an airport lease has been assumed by an airport body before the coming into

force of this section, the airport body may continue and renew the lease as if subsection

(2) had come into force before the assumption of that lease.

(4) For the purposes of subsection (2) and despite sections

316, 610 and 796 (3) of the Municipal Act , an airport body is deemed

to have had the authority to assume an airport lease and become the lessor under

the lease at the time of the assumption and to have had and to continue to have

the authority to carry out and to renew that lease in accordance with its terms.

(5) The Lieutenant Governor in Council may prescribe an organization to be a community

airport body for the purposes of this section, and, on being prescribed, this

section

applies to the airport body retroactively to the date on which the airport lease was

assumed.

(6) 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.

District of Pitt Meadows lease validation

(1) Despite sections 448 (a), 451 (1) and

(3) and 610 (3) of the Municipal Act , the agreement entered into between

the Corporation of the District of Pitt Meadows and C.D.I. Enterprises Ltd.,

on June 22, 1992, respecting the lease of land for the construction and operation

of an arena is confirmed and validated, effective the date on which it was entered

into.

(2) All things done that would have been validly done had subsection (1) been in force

on the day they were done are conclusively deemed to have been validly done and all

resolutions and bylaws in relation to the agreement referred to in subsection (1) are

confirmed and validated, effective the date on which they were adopted.

(3) The District of Pitt Meadows is conclusively deemed to have had the authority to

enter into the agreement referred to in subsection (1) at the time at which the agreement

was entered into, to have had the authority to adopt a resolution or bylaw referred to in

subsection (2) at the time it was adopted and to have had and to continue to have the

authority to carry out the agreement in accordance with its terms.

(4) 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.

Prince George water fluoridation bylaw

(1) The City of Prince George,

(

a) despite the Municipal Act and the letters patent of the City of Prince

George, is conclusively deemed to have had the authority to fluoridate any part, or all,

of the water supply of the municipality as of the adoption of a resolution by its council

on October 4, 1954 authorizing the fluoridation, and

(

b) despite

section 524 (2) of the Municipal Act ,

is conclusively deemed to have had and to continue to have the authority to

carry out fluoridation in relation to any part, or all, of the water supply

of the municipality.

(2) In addition to the resolution referred to in subsection (1) (a), all other

resolutions, bylaws and actions of the City of Prince George in relation to the

fluoridation of the water supply of the City of Prince George are conclusively deemed to

have been validly adopted and taken as of the date that they were adopted or taken, to the

extent they would have been valid had subsection (1) (

a) 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.

Authority for the Greater Nanaimo Water District to acquire park land

(1) In addition to the powers established by

section 5 of the Greater

Nanaimo Water District Act and the objects of the Greater Nanaimo Water District

established by

section 8 of that Act, the Greater Nanaimo Water District may

(

a) acquire real property for the purposes of a park, and

(

b) hold that property jointly with the City of Nanaimo.

(2) On acquisition, property acquired under subsection (1) is deemed to have been

dedicated under

section 308 of the Municipal Act for the public purpose of a park

for the use and enjoyment of the public and

section 310 of the Municipal Act

applies to both the Greater Nanaimo Water District and the City of Nanaimo in relation to

that property.

(3) The Greater Nanaimo Water District

(

a) must establish a capital reserve fund for the purposes of this section,

(

b) must pay into the reserve fund all money received from the Provincial government in

relation to the Agreement to Transfer or Dedicate Land Pursuant to

Section 3 of the Expropriation

Act, entered into by the Provincial government and the Greater Nanaimo Water District

on February 10, 1998, less any amounts necessary to satisfy outstanding liabilities in

relation to the property that is the subject of that agreement or the expropriation of the

property in accordance with that agreement,

(

c) must not pay any other money into the reserve fund, and

(

d) may only use the money in the reserve fund, and the interest earned on it, for the

purpose of acquiring park land under subsection (1).

(4) Part 13 of the Municipal Act applies to the capital reserve fund under

subsection (3).

Pension (Public Service) Act

Section 6 of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, is

amended

(

a) in subsection (1) by striking out "or a contribution is made by

an employee under

section 12" , and

(

b) in subsection (2) by striking out "under

section 65 (4) or

(6)" and substituting "under

section 65 (4) or (6),

section

66" and by striking out "an equal amount as a contribution to the

fund." and substituting "an amount as a contribution to the fund

as provided by regulation."

Section 7 is amended by adding the following subsection:

(3) Despite subsection (2), the surplus referred to in that subsection must be

distributed in accordance with the regulations if an actuarial valuation, completed by an

actuary in accordance with the requirements of

section 55, discloses that

(

a) a surplus has been created or an existing surplus has been increased, and

(

b) the surplus or the increase has occurred since the immediately preceding actuarial

valuation.

Section 12 is repealed.

Section 16 (6) is repealed and the following substituted:

(6) For the purposes of this section, only contributions and service that comply with

sections 9 (3), 14 and 22 (7) or that comply with the regulations respecting leave of

absence will be recognized.

Section 17 (2) is amended by striking out "under sections 9 and

12" and substituting "under

section 9" .

Section 19 (6) (

c) is amended by striking out "in accordance with

section 12 (1)," and substituting "in accordance with the

regulations respecting leave of absence," .

Section 22 (3) (

a) is amended by striking out "under sections 9

and 12" and substituting "under

section 9 and the

regulations" .

22 Sections 37 to 40 are repealed.

Section 41 is amended

(

a) in subsection (2) by striking out "under

section 12 (1) is

limited by

section 12 (6)," and substituting "is limited by the

regulations respecting leave of absence," , and

(

b) in subsection (4) by striking out "section 9 (3), 12 (6) or

14," and substituting "section 9 (3) or 14 or the regulations

respecting leave of absence," .

Section 42 (1) is amended by striking out "under

section 12 (1)

is limited by

section 12 (6)," and substituting "is limited by the

regulations respecting leave of absence," .

Section 65 is amended

(

a) in subsection (2) by adding the following paragraph:

(

q) prescribing how a surplus referred to in

section 7 (3) is to be distributed.

, and

(

b) by adding the following subsection:

the costs to be paid to the fund and by whom they are to be paid, under which a person

described in subsection (4) (

a) to (

d) may have a period of leave of absence from an

employer included as contributory and pensionable service.

Section 66 is repealed and the following substituted:

Service recognition

including the costs to be paid to the fund and by whom they are to be paid, under which

any of the following may be included as contributory and pensionable service:

(

a) leaves of absence from an employer;

(

b) previous service under this plan, or from a reciprocal employer.

Section 66 (

b) is amended by striking out ", or from a reciprocal

employer" .

Pension Statutes Amendment Act, 1997

Section 47 of the Pension Statutes Amendment Act, 1997, S.B.C. 1997, c. 35, is

repealed.

Perpetuity Act

Section 4 of the Perpetuity Act, R.S.B.C. 1996, c. 358, is amended by adding

the following paragraph:

(

g) property held by a corporation or other person as trustee and designated by

regulation of the Lieutenant Governor in Council under

section 8.1 (8) (

d) of the Ministry

of Lands, Parks and Housing Act as held on trust for the preservation of land and

buildings for affordable housing purposes.

Public Education Labour Relations Act

Section 1 of the Public Education Labour Relations Act, R.S.B.C. 1996, c. 382,

is amended by adding the following definition:

"support staff union" means a trade union representing employees of a

school board other than teachers; .

Section 2 is amended by striking out "and" at the end

of paragraph (

b) and by adding the following paragraph:

(b.1) to establish the employers' association as the accredited bargaining agent for

the purpose of bargaining collectively with support staff unions, and .

Section 4 is amended by striking out "The employers'

association" and substituting "For the purpose of bargaining

collectively with a teachers' union or a support staff union, the employers'

association" .

Section 5 (1) is amended by striking out "collective

bargaining" and substituting "teacher collective bargaining" .

Section 6 (1) is repealed and the following substituted:

(1) For the purpose of teacher collective bargaining, the British Columbia Teachers'

Federation

(

a) is deemed to be the certified bargaining agent for the employees in the bargaining

unit, and

(

b) has exclusive authority to bargain collectively for the bargaining unit and to bind

it by a collective agreement.

Public Service Labour Relations Act

35 The definition of "employee" in

section 1 (1)

of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended

(

a) by repealing paragraph (

f) and substituting the following:

(

f) a sheriff; ,

(

b) by repealing paragraphs (

g) and (i),

(

c) by repealing paragraph (

j) and substituting the following:

(

j) a person employed for a period of less than 31 days; ,

(

d) by repealing paragraph (k),

(

e) by repealing paragraph (

v) and substituting the following:

(

v) a person employed in the Cabinet Policy and Communications Secretariat; , and

(

f) by repealing paragraphs (

z) and (aa).

Section 4 (

b) is amended by striking out "an association that

has" and substituting "an association that had, before

July 1, 1998," .

Section 14 is amended

(

a) in subsection (8) (

a) by striking out "or occupational group

affected" ,

(

b) by repealing subsection (8) (

b) and substituting the following:

(

b) a majority of those employees who vote have voted in favour of a strike. ,

(

c) in subsection (10) by striking out "the vote must be taken of

all those members of the union certified as the bargaining agent within the occupational

group referred to in that agreement." and substituting "the matter

is deemed to be a matter for resolution under the master agreement." , and

(

d) in subsection (11) by striking out "a majority of" .

Social Service Tax Act

38 The Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by adding the

following

section in

Part 4:

Former transitional refunds remain available

90.1 For certainty, but subject to

section 40 of

the Budget Measures Implementation Act, 1998 , refunds may be made in

accordance with sections 2 (1.7), (1.8) and (1.9) and 2.04 (3) of the Social

Service Tax Act , R.S.B.C. 1979, c. 388, in relation to written contracts

entered into before March 31, 1993.

Utilities Commission Act

Section 22 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended

(

a) in subsection (1) by adding "sells, purchases or" after

"a person" ,

(

b) in subsection (1) by striking out "or" at the end of

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

b) and by

adding the following:

(

c) enters into an energy supply contract, within the meaning of

section 68, for the

provision of electricity. ,

(

c) in subsection (2) by striking out ", by order," ,

(

d) by repealing subsection (2) (

a) and substituting the following:

(

a) exempt, by order, from any or all of

section 71 and the provisions of this Part, in

respect of the sale, purchase or production of a power service,

(

i) a person who sells, purchases or produces a power service,

(ii) a class of persons who sell, purchase or produce a power service, and

(iii) any equipment, facility, plant, project or system of a person or class of persons

referred to in subparagraph (

i) or (ii), and ,

(

e) in subsection (2) (

b) by striking out "impose in the order"

and substituting "if the minister makes an order under paragraph (a),

impose, in the order," , and

(

f) in subsection (2) (

b) by striking out "power service to be

sold," and substituting "the power service to be sold, purchased

or produced," .

Vancouver Charter

40 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following

section:

Business premises regulation areas

279A.1

(1) The Council may, by by-law,

(

a) designate an area of the City as a business premises regulation area for the

purposes of this section, and

(

b) for any class of business premises prescribed by regulation under subsection (2),

regulate the hours and days during which business premises in the area designated under

paragraph (

a) may remain open or must be closed for business.

(2) The Lieutenant Governor in Council may make regulations prescribing classes of

business premises for the purposes of this section.

(3) To the extent of any conflict between a by-law under

section 279A and a by-law

under this section, the by-law under this

section prevails.

Transitional – Land Act

41 A delegation under

section 97 (1) of the Land Act to a government

corporation, as defined in the Financial Administration Act, may be made

retroactive to a date on or after April 1, 1998.

Immunity from legal action

(1) No action lies, and an action or other proceeding must not be brought or

continued, against the government, the British Columbia Gaming Commission or any other

person, for compensation, damages or any other remedy, because of anything done or

omitted, between May 27, 1986 and the coming into force of this subsection, in the

exercise or performance or intended exercise or performance of a discretion, duty or

function of the government or of the British Columbia Gaming Commission in relation to

(

a) a licence or purported licence issued by the Provincial Secretary and Minister of

Government Services, the Attorney General or the Public Gaming Control Branch, or by the

British Columbia Gaming Commission, that authorizes, or purports to authorize, a person to

conduct and manage a lottery scheme as defined in

section 207 (4) of the Criminal Code,

(

b) the imposition or purported imposition by the Provincial Secretary and Minister of

Government Services, the Attorney General or the Public Gaming Control Branch, or by the

British Columbia Gaming Commission of a licence fee in respect of or in relation to a

lottery scheme as defined in

section 207 (4) of the Criminal Code.

(2) Any statutory power, as defined in the Judicial Review Procedure Act, that

was exercised under an enactment in relation to a matter described in subsection (1) and

any decision, determination or order of an official of the government or of the British

Columbia Gaming Commission in relation to a matter so described is not open to question or

review in a court under the Judicial Review Procedure Act or otherwise.

Acts to be given legal effect

(1) The Lottery Act as amended by this Act, this

section and sections

7 to 11, 42 and 46 (3) of this Act must be applied to and must be given effect in every

action or proceeding, whether commenced before, on or after the date this Act receives

Royal Assent.

(2) The Lottery Act as amended by this Act, this

section and sections 7 to 11,

42 and 46 (3) of this Act must not be construed as lacking effect, whether retroactive or

otherwise, in relation to any matter because of making no specific reference to that

matter.

(3) If any of the sections referred to in subsections (1) and (2) or any provision of

those sections or of the Lottery Act as amended by this Act is held to be invalid,

the

section or provision must be severed from the remainder those sections and

provisions, and the remainder have the same effect as if they had been originally

enacted separately from the

section or provision held to be invalid.

Saving respecting prior election under Pension (Public

Service) Act

44 Sections 37 to 40 of the Pension (Public

Service) Act , R.S.B.C. 1996, c. 356, continue to apply to a person

(

a) if immediately before the date that

section 22 of this Act comes into force, the

person was on a leave of absence, a condition of the granting of which was that the person

would not return to work but rather would apply for a pension at the end of the leave, or

(

b) if before the date that

section 22 of this Act comes

into force, the person elected to have sections 37 to 40 of the Pension (Public

Service) Act , R.S.B.C. 1996, c. 356, apply to him or her.

Saving respecting approved leave of absence or deferred salary leave program

(1) Section 6 of the Pension (Public Service)

Act, R.S.B.C. 1996, c. 356, as it was immediately before the date

section

15 of this Act comes into force, continues to apply to a contributor who before

that date obtained approval for an unsalaried leave of absence, a deferred salary

leave program or another leave of absence designated by the regulations for

the purposes of this section.

(2) The Lieutenant Governor in Council may make regulations designating other types of

or programs for leave of absence to which subsection (1) applies.

Commencement

(1) Sections 1, 4 to 6, 12 and 15 to 29 come into force by regulation of the

Lieutenant Governor in Council.

(2) Sections 2, 3 and 41 are deemed to have come into force on April 1, 1998 and

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

(3) Sections 7 to 10 and 11 (

a) to (

c) are deemed to have come into force on May 28,

1986 and are retroactive to the extent necessary to give them effect on and after that

date.

(4) Sections 30 to 34 are deemed to have come into force on the day that this Act

receives First Reading in the Legislative Assembly and are retroactive to the extent

necessary to give them effect on and after that date.

(5) Section 38 is deemed to have come into force on April 21, 1997 and is retroactive

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

Explanatory Notes

Human Tissue Gift Act

(Ministry of Health)

SECTION 1: [Human Tissue Gift Act, enacts

section 15] allows the making

of regulations to encourage consultation of patients to determine whether they wish to

give consents under the Act and, if a consent has been given, to facilitate effective

action on the consent in appropriate circumstances.

Land Act

(Ministry of Environment, Lands and Parks)

SECTION 2: [Land Act, amends

section 97 (1)] facilitates the transfer of

Crown land administration functions to a government corporation.

SECTION 3: [Land Act, adds

section 105 (c.1)] gives a right of entry to

employees of a government corporation that has received a delegation under

section 97 (1)

of the Land Act .

Liquor Control and Licensing Act

(Ministry of Attorney General)

SECTION 4: [Liquor Control and Licensing Act, adds

section 18 (4)] provides

the general manager with a power to exempt persons from

section 18 (1) of the Act with

respect to a particular establishment so that a particular kind, class or brand of liquor

can be exclusively sold at and promoted in respect of that establishment.

SECTION 5: [Liquor Control and Licensing Act, adds

section 45 (4)] provides

the general manager with a power to exempt persons from

section 45 (1) and (2) of the Act

with respect to a particular establishment so that a particular kind, class or brand of

liquor can be sold at and promoted in respect of that establishment.

SECTION 6: [Liquor Control and Licensing Act, adds

section 84 (2) (

q) and (r)] provides

for regulations respecting the criteria to be considered by the general manager under

the general manager when granting exemptions under those sections.

Lottery Act

(Ministry of Employment and Investment)

SECTION 7: [Lottery Act, amends

section 1] defines "lottery

scheme" by reference to the relevant provision of the Criminal Code and

expands the meaning of "person".

SECTION 8: [Lottery Act, amends

section 2] repeals the minister's

discretion under

section 2 of the Act to "regulate and licence certain persons"

in respect of "other lotteries in British Columbia as are permitted under the Criminal

Code ."

SECTION 9: [Lottery Act, enacts

section 2.1]

transfers to the Lieutenant Governor in Council the discretion under the Act to issue

licences for persons to conduct and manage lottery schemes;

authorizes the Lieutenant Governor in Council, by order, to delegate that discretion to

a specified authority;

provides that the discretion to issue licences includes the discretion to attach terms

and conditions to the licences, as described;

deems each of the 3 authorities mentioned to be and to have been between May 27, 1986

and the end of March 31, 1987, and the British Columbia Gaming Commission to be, and to

have been since March 31, 1987, an authority to which the discretion to license persons to

conduct and manage lottery schemes has been delegated by an order under

section 2.1 of the

Lottery Act ;

refers to licences or purported licences issued by any of the 3 authorities mentioned

between May 27, 1986 and the end of March 31, 1987, or by the British Columbia Gaming

Commission since March 31, 1987 and before Royal Assent to this Bill, and deems them to

have been validly issued under

section 2.1 of the Lottery Act (added with

retroactive effect by this Bill).

SECTION 10: [Lottery Act, amends sections 3 (1) (

a) and 5 (c)] is

consequential to the addition by this Bill of a definition of "lottery scheme".

SECTION 11: [Lottery Act, amends

section 7]

amends

section 7 (2) as a consequence of the addition by this Bill of a definition of

"lottery scheme" and continues the discretion of the Lieutenant Governor in

adds specific regulation powers to define classes, as set out in the amendments, and to

provide differently for different classes;

authorizes the Lieutenant Governor in Council, by regulation, to delegate to a specified

licence fees;

refers to licence fees or purported licence fees set by any of the 3 authorities

mentioned between May 27, 1986 and the end of March 31, 1987, or by the British Columbia

Gaming Commission since March 31, 1987 and before Royal Assent to this Bill, and deems

them to have been validly imposed by regulation under

section 7 of the Lottery Act

as retroactively amended by this Bill;

refers to licence fees or purported licence fees set by any of the 3 authorities

mentioned between May 27, 1986 and the end of March 31, 1987, or by the British Columbia

Gaming Commission since March 31, 1987 and before Royal Assent to this Bill, and deems

them to have been validly imposed by regulation under

section 7 of the Lottery Act

as retroactively amended by this Bill;

provides for the application of the Regulations Act .

Ministry of Lands, Parks and Housing Act

(Ministry of Environment, Lands and Parks)

SECTION 12: [Ministry of Lands, Parks and Housing Act, enacts

section 8.1]

allows the government to restrict the use of a development to affordable housing purposes

if the government provides assistance for the acquisition, development and operation of

affordable housing. This restriction ensures that the money provided continues to serve

the purpose of affordable housing despite changes in ownership of and other interests in

the development.

Municipal Act

(Ministry of Municipal Affairs)

SECTION 13: [Municipal Act, repeals and replaces

section 523 (1) (a)]

provides express authority for municipalities to prohibit smoking in specified classes of

premises.

Municipalities Enabling and Validating Act (No. 2)

(Ministry of Municipal Affairs)

SECTION 14: [Municipalities Enabling and Validating Act (No. 2), enacts sections

40 to 44]

by the proposed

section 40, confirms and validates local government anti- smoking bylaws

that were in jeopardy as a result of a Provincial Court decision finding that the

authority to regulate under

section 523 of the Municipal Act did not include the

authority to prohibit smoking in specified classes of premises;

by the proposed

section 41, validates airport lease agreements established by the

federal government and transferred to a local government or prescribed organization,

despite the otherwise applicable restriction of the Land Title Act ;

by the proposed

section 42, validates the agreement made by the District of Pitt Meadows

in relation to the lease of municipal land for the construction and operation of an arena;

by the proposed

section 43, validates the current fluoridation program of the City of

Prince George and authorizes the City to provide that service within its entire

jurisdiction;

by the proposed

section 44, allows the Greater Nanaimo Water District to acquire park

land with money received from the Provincial government in relation to an expropriation of

District property that, although not formally dedicated as a park, has been available for

the use and enjoyment of the public for a number of years.

Pension (Public Service) Act

(Ministry of Finance and Corporate Relations)

SECTION 15: [Pension (Public Service) Act, amends

section 6] strikes out

references to current provisions respecting leaves of absence. Leaves of absence

provisions will be dealt with by regulation.

SECTION 16: [Pension (Public Service) Act, adds

section 7 (3)] allows for

a reduction in employee pension contributions to implement a contribution holiday to be

dealt with by regulation.

SECTION 17: [Pension (Public Service) Act, repeals

section 12] repeals

the current leave of absence provisions.

SECTION 18: [Pension (Public Service) Act, repeals and replaces

section 16 (6)]

re-enacts the provision in order to refer to leave of absence provisions to be dealt with

by regulation.

SECTION 19: [Pension (Public Service) Act, amends

section 17 (2)] strikes

out references to the current leave of absence provision.

SECTION 20: [Pension (Public Service) Act, amends

section 19] amends the

provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 21: [Pension (Public Service) Act, amends

section 22] amends the

provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 22: [Pension (Public Service) Act, repeals sections 37 to 40]

ends retired plan members' eligibility for death benefits.

SECTION 23: [Pension (Public Service) Act, amends

section 41] amends the

provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 24: [Pension (Public Service) Act, amends

section 42] amends the

provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 25: [Pension (Public Service) Act, amends

section 65] provides

for regulations with respect to the allocation of a pension surplus created by an employee

contribution holiday.

SECTION 26: [Pension (Public Service) Act, re-enacts

section 66] re-enacts

the provision in order to refer to leave of absence provisions to be dealt with by

regulation.

SECTION 27: [Pension (Public Service) Act, amends

section 66] re-enacts

an amendment made to the

section by

section 47 of the Pension Statutes Amendment Act,

1997 .

SECTION 28: [Pension Statutes Amendment Act, 1997, repeals

section 47] is

consequential to the re-enactment of

section 66 of the Pension (Public Service) Act

by this Bill.

Perpetuity Act

(Ministry of Attorney General)

SECTION 29: [Perpetuity Act, adds

section 4 (g)] provides that laws

relating to perpetuities do not apply to designated property held on trust for the

preservation of land and buildings for affordable housing development.

Public Education Labour Relations Act

(Ministry of Finance and Corporate Relations)

SECTION 30: [Public Education Labour Relations Act, amends

section 1]

defines "support staff union".

SECTION 31: [Public Education Labour Relations Act, adds

section 2 (b.1)] adds

bargaining collectively with support staff unions to the purpose

section of the Act.

SECTION 32: [Public Education Labour Relations Act, amends

section 4] provides

that the employers' association is the bargaining agent for school boards for teacher and

support staff bargaining.

SECTION 33: [Public Education Labour Relations Act, amends

section 5 (1)] restricts

the bargaining unit description to teacher collective bargaining.

SECTION 34: [Public Education Labour Relations Act, repeals and replaces

section

6 (1)] clarifies that the British Columbia Teachers' Federation is the bargaining

agent for teachers for teacher collective bargaining.

Public Service Labour Relations Act

(Ministry of Finance and Corporate Relations)

SECTION 35: [Public Service Labour Relations Act, amends

section 1 (1)]

makes changes to the definition of "employee".

SECTION 36: [Public Service Labour Relations Act, amends

section 4 (b)] provides

that the licensed professional bargaining unit only consists of members of an association

that has statutory authority to license professionals prior to July 1, 1998.

SECTION 37: [Public Service Labour Relations Act, amends

section 14] clarifies

that strikes are not permitted with respect to component agreements and provides that no

strike may take place unless a majority of the members of the bargaining unit who vote

have voted in favour of the strike.

Social Service Tax Act

(Ministry of Finance and Corporate Relations)

SECTION 38: [Social Service Tax Act, enacts

section 90.1] adds to the

1997 Revised Statutes express reference to transitional refund provisions that were not

originally included in the statute revision.

Utilities Commission Act

(Ministry of Employment and Investment)

SECTION 39: [Utilities Commission Act, amends

section 22] allows the

minister to provide exemptions under

section 22 of the Utilities Commission Act to

persons who enter into energy supply contracts for the provision of electricity, and

extends the permissible exemptions under that

section to authorize exemptions from

section

71 and to include exemptions in respect of the equipment, facility, plant, project or

system of a person or class of persons referred to in the section.

Vancouver Charter

(Ministry of Municipal Affairs)

SECTION 40: [Vancouver Charter, enacts

section 279A.1] allows the City of

Vancouver to set different business hours for prescribed businesses in different areas of

the City.

SECTION 41: [Transitional – Land Act] allows for delegations authorized

by the amendment to the Land Act to be retroactive.

SECTION 42: [Immunity from legal action] provides immunity from legal

action as described.

SECTION 43: [Acts to be given legal effect] sets out rules relating to

the legal effect of this Bill and the Lottery Act as amended by this Bill.

SECTION 44: [Transition provision – Pension (Public Service) Act]

preserves rights of plan members who, before

section 22 of this Bill comes into force, are

on a leave of absence and subsequently do not return to work but instead apply for a

pension, or have elected to have sections 37 to 40 of the Pension (Public Service) Act apply

to them.

SECTION 45: [Transition provision – Pension (Public Service) Act]

preserves rights of plan members who, before

section 15 of this Bill comes into force, are

on an obtained approval for an unsalaried leave of absence, deferred salary leave program

or another leave of absence designated by the regulations for the purposes of this

section.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada