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2010 Legislative Session: 2nd Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE MICHAEL DE JONG

ATTORNEY GENERAL

BILL 20 – 2010

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 3), 2010

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

Part 1 – Aboriginal Relations and

Reconciliation Amendments

Adoption Act

SECTION 1: [Adoption Act,

section 62] makes a housekeeping amendment, ensuring that

adopted Nis g a'a children can only be contacted by representatives of the

Nis g a'a Lisims government.

Section 62 (2) (

b) of the Adoption Act, R.S.B.C. 1996, c. 5, is amended by striking out " if the child is not a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band, " and substituting " if the child is not described by paragraph (a), (a.1) or (a.2), ".

SECTION 2: [Adoption Act,

section 63] authorizes a person adopted under Nis g a'a Laws to

apply to the chief executive officer of Vital Statistics for a copy of the notice

respecting the person's adoption that the Nis g a'a Lisims Government provided

to the chief executive officer under

section 12.1 of the Vital Statistics

Act .

Section 63 (1) is amended by adding the following paragraph:

(

d) if the adoption occurred under a law of the Nis g a'a Lisims Government and a notice has been provided by the Nis g a'a Lisims Government under

section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.

SECTION 3: [Adoption Act,

section 64] authorizes a birth parent of a person adopted under

Nis g a'a Laws to apply to the chief executive officer of Vital Statistics for a

copy of the notice respecting the person's adoption that the Nis g a'a Lisims

Government provided to the chief executive officer under

section 12.1 of the

Vital Statistics Act .

Section 64 (1) is amended by adding the following paragraph:

(

e) if the adoption occurred under a law of the Nis g a'a Lisims Government and a notice has been provided by the Nis g a'a Lisims Government under

section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.

SECTION 4: [Adoption Act,

section 71]

authorizes a person adopted under Nis g a'a Laws or the birth parent of such a person, to whom a notice under

section 12.1 of the Vital Statistics Act was provided under

section 63 or 64 of the Adoption Act , to obtain assistance from the Provincial director in finding a birth parent, a sibling or an adult adopted child;

authorizes that in the event of the death of an adult who was adopted under Nis g a'a Laws, an adult child or grandchild of the deceased or the parent of a child of the deceased, may apply for such assistance;

authorizes that in the event of the death of the birth parent of an adult who was adopted under Nis g a'a Laws, another adult child of that birth parent may apply for such assistance.

Section 71 is amended

(

a) in subsection (1) by striking out " or who was adopted under a law of a treaty first nation apply " and substituting " or who was adopted under a law of treaty first nation or the Nis g a'a Lisims Government may apply ", and

(

b) in subsections (3) and (5) by striking out " or a law of a treaty first nation, " and substituting " or a law of a treaty first nation or the Nis g a'a Lisims Government, ".

Evidence Act

SECTION 5: [Evidence Act,

section 24.1] makes a housekeeping amendment, ensuring that

judicial notice must be taken of the laws of Nis g a'a Village Governments and

the Nis g a'a Lisims Government.

Section 24.1 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended by striking out " or the Nis g a'a Nation. " and substituting " or a Nis g a'a Government. "

Final Agreement Consequential Amendments Act, 2007

SECTION 6: [Final Agreement Consequential Amendments Act, 2007,

section 155.1]

amends the description of Checleset Bay Ecological Reserve to remove foreshore

area.

Section 155.1 (

a) of the Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36, is amended in the description of Checleset Bay Ecological Reserve by striking out " Plan 15 Tube 1983. " and substituting " Plan 6 Tube 2005. " and by striking out " 33 568 hectares (487 hectares of upland and 33 081 hectares of foreshore). " and substituting " 33 389 hectares (487 hectares of upland and 32 902 hectares of foreshore. "

SECTION 7: [Final Agreement Consequential Amendments Act, 2007,

section 155.1] amends the descriptions of Big Bunsby Marine Park and Tahsish-Kwois Park

to remove foreshore area.

Section 155.1 (b), as enacted by

section 7 of the Protected Areas of British Columbia Amendment Act, 2009, S.B.C. 2009, c. 19, is amended

(

a) in the description of Big Bunsby Marine Park by striking out " Plan 15 Tube 1982. " and substituting " Plan 7 Tube 2004. " and by striking out " 622 hectares (267 hectares of upland and 355 hectares of foreshore). " and substituting " 619 hectares (267 hectares of upland and 352 hectares of foreshore). ", and

(

b) in the description of Tahsish-Kwois Park by striking out " Plan 6 Tube 1984. " and substituting " Plan 7 Tube 2005. "

SECTION 8: [Final Agreement Consequential Amendments Act, 2007,

section 155.1] amends the description of Brooks Peninsula [a.k.a. Muq q i w n Park] to remove

foreshore area.

Section 155.1 (c), as enacted by

section 7 of the Protected Areas of British Columbia Amendment Act, 2009, is amended in the description of Brooks Peninsula Park [a.k.a. Muq q i w n Park] by striking out " Plan 1 Tube 1984. " and substituting " Plan 8 Tube 2004. " and by striking out " 39 944 hectares (36 005 hectares of upland and 3 939 hectares of foreshore). " and substituting " 39 936 hectares (36 005 hectares of upland and 3 931 hectares of foreshore). "

Gas Utility Act

SECTION 9: [Gas Utility Act,

section 2] authorizes a gas utility to carry on specified activities

in relation to its works and equipment in Nis g a'a Lands on the conditions

agreed on between the Nis g a'a Nation or a Nis g a'a Village and the gas utility.

Section 2 (3) (

c) of the Gas Utility Act, R.S.B.C. 1996, c. 170, is amended

(

a) in subparagraph (ii) by striking out " in a rural area that is not treaty lands, " and substituting " in a rural area that is neither treaty lands nor Nis g a'a Lands, " and by striking out " or ",

(

b) in subparagraph (iii) by striking out " agree to. " and substituting " agree to, or ", and

(

c) by adding the following subparagraph:

(iv) in Nis g a'a Lands, on the conditions that the gas utility and the Nis g a'a Nation or Nis g a'a Village, as applicable, agree to.

Land Act

SECTION 10: [Land Act,

section 7] imposes a requirement for the Surveyor General to file a

survey plan of treaty lands in the Crown Land Registry if required by the final

agreement.

Section 7 of the Land Act, R.S.B.C. 1996, c. 245, is amended by adding the following subsection:

(4.1) If the final agreement of a treaty first nation requires that survey plans of treaty lands be filed in the registry, the Surveyor General must file a copy of a final plan to which the requirement applies in the registry, whether or not the treaty lands include or consist of former federal Crown land.

Land Title Act

SECTION 11: [Land Title Act,

Schedule 1] enables a member of a band council to execute

land title documents for a treaty first nation before the final agreement recognizing

the treaty first nation comes into effect in the circumstances described.

Section 30 of

Schedule 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(

a) in subsection (1) (

a) by striking out " , as defined in

Part 5 of this Act, ",

(

b) by adding the following subsections:

(2.1) Despite subsection (1), an instrument executed on behalf of a treaty first nation before the effective date of the treaty first nation's final agreement is conclusively deemed to be properly executed if

(

a) the final agreement provides that on the effective date specified individuals will form the first government of the treaty first nation,

(

b) the instrument is executed by a specified individual for that treaty first nation and witnessed by an officer who is not a party to the instrument, and

(

c) the execution is proved in accordance with subsection (2.2).

(2.2) If an instrument is executed by a specified individual under subsection (2.1),

(

a) the signature of the officer witnessing the execution is a certification by the officer that the individual appeared before, and acknowledged to, the officer that he or she is a specified individual, and

(

b) the signature witnessed by the officer is the signature of the individual who made the acknowledgement.

(6) In this section:

"Indian band" means an Indian band as defined in the Indian Act (Canada);

"officer" has the same meaning as in

Part 5;

"specified individual" , in respect of a treaty first nation, means an individual occupying with the Indian band that will cease to exist by operation of the treaty first nation's final agreement , a position the occupant of which will be a member of that treaty first nation's first government under that final agreement. , and

(

c) in subsection (3) but striking out " proved in compliance with subsection (1) or (2), " and substituting " proved in compliance with subsection (1), (2) or (2.2), ".

Local Government Act

SECTION 12: [Local Government Act,

section 692] applies the provincial building code and

associated regulations on Nis g a'a Lands as provided for in the Nis g a'a Final

Agreement, but includes provision for regulations disapplying all or part of the

provincial building code from Nis g a'a Lands.

Section 692 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

(

a) in subsection (2.1) by striking out everything after " do not apply to " and substituting the following:

(

a) a municipality or regional district,

(

b) a part of a regional district not inside a municipality, or

(

c) Nis g a'a Lands. , and

(

b) by adding the following subsection:

(5.1) Subject to the regulations under subsection (2.1), the building code and other regulations under subsection (1) apply to Nis g a'a Lands.

Maa-nulth First Nations Final Agreement Act

SECTION 13: [Maa-nulth First Nations Final Agreement Act,

section 12] authorizes

amendments to the Harvest Agreement and provides when they are effective.

Section 12 of the Maa-nulth First Nations Final Agreement Act, S.B.C. 2007, c. 43, is amended

(

a) in subsection (1) by striking out everything after " substantially in the form " and substituting " published under subsection (4), and includes amendments referred to in subsection (2) from the time those amendments are published under subsection (4). ",

(

b) in subsection (2) by striking out " into the Harvest Agreement on behalf " and substituting " into the Harvest Agreement, and amendments to that agreement made in accordance with its terms, on behalf ", and

(

c) in subsection (4) by striking out " publish the Harvest Agreement in the Gazette. " and substituting " publish the Harvest Agreement, and amendments referred to in subsection (2), in the Gazette. "

SECTION 14: [Maa-nulth First Nations Final Agreement Act,

section 13.1] extinguishes

forest tenures in Maa-nulth First Nation treaty lands.

14 The following

section is added:

Forest Act tenures

13.1

(1) All rights to harvest timber, and all rights associated with a right to harvest timber, in Maa-nulth First Nation Lands under an agreement referred to in

section 12 of the Forest Act are extinguished.

(2) If an agreement referred to in subsection (1) applies only to Maa-nulth First Nation Lands, the agreement is cancelled.

(3) If an agreement referred to in subsection (2) applies both to Maa-nulth First Nation Lands and to other lands, the agreement is cancelled insofar as it applies to Maa-nulth First Nation Lands.

Motor Vehicle Act

SECTION 15: [Motor Vehicle Act,

section 1] excludes Nis g a'a Lands from the definition of

"rural area" for the purposes of the Act.

Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended in the definition of "rural area" by striking out " treaty lands; " and substituting " treaty lands or Nis g a'a Lands; ".

SECTION 16: [Motor Vehicle Act,

section 83] makes the owner of a motor vehicle vicariously

liable for offences against the traffic laws of a Nis g a'a Government.

Section 83 is amended

(

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

"Nis g a'a traffic laws" includes the laws of a Nis g a'a Government enacted under the Nis g a'a Final Agreement with respect to the parking of vehicles or the use of parking meters; , and

(

b) in subsection (2) by striking out " or " at the end of paragraph (d), by adding " , or " at the end of paragraph (

e) and by adding the following paragraph:

(

f) Nis g a'a traffic laws.

SECTION 17: [Motor Vehicle Act,

section 84] imposes the obligation on the owner or occupant

of a motor vehicle that a peace officer believes has been involved in the

contravention of a law of a Nis g a'a Government to provide information identifying

the driver at the time of the contravention.

Section 84 (1) is repealed and the following substituted:

(1) If a peace officer has reason to believe that a motor vehicle has been involved in an accident or in a contravention of

(

a) this Act, the Commercial Transport Act , the Transportation Act or a regulation under any of them,

(

b) a bylaw of a municipality,

(

c) a law of a treaty first nation, or

(

d) a law of a Nis g a'a Government,

and so informs the owner or a person in the motor vehicle, it is the duty of the owner or person, as the case may be, if required by the peace officer, to give all information it is in his or her power to give relating to the identification of the driver of the motor vehicle at the relevant time or during the relevant period.

SECTION 18: [Motor Vehicle Act,

section 119] amends the definition of "traffic control

device" to include those placed or erected under the authority of a law of a

Nis g a'a Government.

Section 119 is amended in the definition of "traffic control device" by striking out everything after " by authority of " and substituting the following:

(

a) the minister responsible for the administration of the Transportation Act ,

(

b) the council of a municipality,

(

c) the governing body of a treaty first nation,

(

d) a Nis g a'a Government, or

(

e) a person authorized by a person referred to in paragraph (a), (b), (

c) or (

d) to exercise that authority; .

SECTION 19: [Motor Vehicle Act,

section 135] prohibits devices that resemble or interfere

with a traffic control device of a Nis g a'a Government being erected or maintained

on or in view of a highway unless authorized by the Nis g a'a Government.

Section 135 is amended

(

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

c) and by adding the following paragraphs:

(c.1) the Nis g a'a Village Government in whose Nis g a'a Lands the device is placed, erected or maintained,

(c.2) the Nis g a'a Lisims Government if the device is placed, erected or maintained in Nis g a'a Lands outside all Nis g a'a Villages, or ,

(

b) in subsection (1) (

d) by striking out " paragraphs (

a) to (c). " and substituting " paragraphs (

a) to (c.2). ", and

(

c) in subsection (2) by striking out " the council of a municipality, the governing body of a treaty first nation " and substituting " , the council of a municipality, the governing body of a treaty first nation, a Nis g a'a Government ".

SECTION 20: [Motor Vehicle Act,

section 146]

establishes a speed limit of 50 km/h inside Nis g a'a Villages and 80 km/h in Nis g a'a Lands outside Nis g a'a Villages;

establishes provincial offences of exceeding a speed limit posted or established by a Nis g a'a Government for lanes up to 8 metres in width.

Section 146 is amended

(

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

(1) Subject to this section, a person must not drive or operate a motor vehicle on a highway in a municipality, treaty lands or a Nis g a'a Village at a greater rate of speed than 50 km/h, and a person must not drive or operate a motor vehicle on a highway outside a municipality or in Nis g a'a Lands outside a Nis g a'a Village at a greater rate of speed than 80 km/h. ,

(

b) in subsection (7) by striking out " If, under a bylaw adopted by a municipality or a law enacted by a treaty first nation, " and substituting " If, under a bylaw adopted by a municipality or a law enacted by a treaty first nation or a Nis g a'a Government, ",

(

c) in subsection (10) by striking out " and a treaty first nation that has enacted a law having the same effect " and substituting " and a treaty first nation or Nis g a'a Government that has enacted a law having the same effect ", and

(

d) by repealing subsection (11) and substituting the following:

(11) A person must not drive or operate a motor vehicle at a greater rate of speed than 20 km/h on a lane in a municipality that has enacted a bylaw under subsection (8), or in

(

a) the treaty lands of a treaty first nation,

(

b) the Nis g a'a Village Lands of a Nis g a'a Village Government, or

(

c) Nis g a'a Lands outside all Nis g a'a Villages

if the treaty first nation, Nis g a'a Village Government or the Nis g a'a Lisims Government, as applicable, has enacted a law having the same effect.

SECTION 21: [Motor Vehicle Act,

section 168] adds Nis g a'a laws to the list of possible

exceptions to the prohibition against reverse turns.

Section 168 is amended by striking out " or the laws of a treaty first nation, " and substituting " or the laws of a treaty first nation or a Nis g a'a Government, ".

SECTION 22: [Motor Vehicle Act,

section 179] requires compliance with the instructions of

crossing guards authorized by the chief of the police force responsible for

policing Nis g a'a Lands.

Section 179 (4) is amended by striking out " or " at the end of paragraph (b), by adding " , or " at the end of paragraph (

c) and by adding the following paragraph:

(

d) if located on Nis g a'a Lands, authorized by the chief of the police force responsible for policing the Nis g a'a Lands.

SECTION 23: [Motor Vehicle Act,

section 188] authorizes a peace officer to move or to

require to be moved a vehicle if it is interfering with snow removal in Nis g a'a

Lands.

Section 188 is amended in subsections (1) (

b) and (3) by striking out " a municipality or a treaty first nation, " and substituting " a municipality, a treaty first nation or a Nis g a'a Government, ".

SECTION 24: [Motor Vehicle Act,

section 189] prohibits stopping, standing or parking a

vehicle in a manner that obstructs a standard traffic sign erected by authority

of a Nis g a'a law.

Section 189 is amended

(

a) in subsection (1) (

o) by striking out " a municipality or a treaty first nation. " and substituting " a municipality, a treaty first nation or a Nis g a'a Government. ", and

(

b) in subsection (3.1) by striking out " or a treaty first nation enacts a law having the same effect, " and substituting " or a treaty first nation or a Nis g a'a Government enacts a law having the same effect, ".

SECTION 25: [Motor Vehicle Act,

section 190] adds Nis g a'a laws to the list of possible

exceptions to the manner of parking required by the section.

Section 190 is amended by striking out " a treaty first nation or " and substituting " a treaty first nation, a Nis g a'a Government or ".

SECTION 26: [Motor Vehicle Act,

section 192] authorizes occupiers of private property in

Nis g a'a Lands to remove vehicles parked without consent on their private

property.

Section 192 (1) is amended by striking out " in a municipality or treaty lands " in both places and substituting " in a municipality, treaty lands or Nis g a'a Lands ".

SECTION 27: [Motor Vehicle Act,

section 204] requires the consent of a Nis g a'a Government

before things or substances are placed on a Nis g a'a highway.

Section 204 (3) is amended by striking out everything after " which may be " and substituting the following:

(

a) the minister charged with the administration of the Transportation Act ,

(

b) the council of a municipality,

(

c) the governing body of a treaty first nation,

(

d) a Nis g a'a Government, or

(

e) a person authorized by a person referred to in paragraph (a), (b), (

c) or (

d) who has jurisdiction over that highway.

SECTION 28: [Motor Vehicle Act,

section 214] prohibits the erection and maintenance of

signs on or over a Nis g a'a highway except in accordance with the Nis g a'a

laws.

Section 214 (1) is amended by striking out " or " at the end of paragraph (b), by adding " , or " at the end of paragraph (

c) and by adding the following paragraph:

(

d) a highway within Nis g a'a Lands, except in accordance with the laws of the Nis g a'a Government having jurisdiction over the highway with respect to traffic and transportation.

New Relationship Trust Act

SECTION 29: [New Relationship Trust Act,

section 1] amends the definition of "qualified

individual" to exclude the President of the Nis g a'a Lisims Government and a

chief councilor of a Nis g a'a Village.

Section 1 of the New Relationship Trust Act, S.B.C. 2006, c. 6, is amended in the definition of "qualified individual" by adding the following paragraph:

(c.2) the President of the Nis g a'a Lisims Government or the Chief Councillor of a Nis g a'a Village, .

School Act

SECTION 30: [School Act,

section 86] authorizes a school board to enter into agreements

with the Nis g a'a Lisims Government respecting the education of Nis g a'a citizens

or the education of non-members of the Nis g a'a Nation in Nis g a'a

schools.

Section 86 of the School Act, R.S.B.C. 1996, c. 412, is amended

(

a) by repealing subsection (3.1) and substituting the following:

(3.1) A board may enter into an agreement with the Nis g a'a Nation with respect to the education of

(

a) a Nis g a'a citizen, or

(

b) a student who

(

i) is not a Nis g a'a citizen, and

(ii) is attending an educational institution operated by the Nis g a'a Lisims Government. , and

(

b) in subsection (3.2) by striking out ' "Nis g a'a child" ' and substituting ' "Nis g a'a citizen" '.

Trespass Act

SECTION 31: [Trespass Act,

section 3] disapplies the

section so that owners in Nis g a'a

Lands are not required to maintain a fence between properties.

Section 3 (4) of the Trespass Act, R.S.B.C. 1996, c. 462, is repealed and the following substituted:

(4) This

section does not apply in

(

a) treaty lands, or

(

b) Nis g a'a Lands, as defined in the Nis g a'a Final Agreement.

Vital Statistics Act

SECTION 32: [Vital Statistics Act,

section 12] authorizes the chief executive officer to send a

notice of adoption received in respect of a Nis g a'a adoption to the person who

has charge of registering births in the province, state or country in which the

person was born.

Section 12 (4) of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended by striking out " or " at the end of paragraph (a), by adding " , or " at the end of paragraph (

b) and by adding the following paragraph:

(

c) for adoptions under a law of the Nis g a'a Lisims Government, a copy of the notice of adoption under

section 12.1 of this Act, if any.

SECTION 33: [Vital Statistics Act,

section 12.1] authorizes the Nis g a'a Lisims Government

to give notice to the chief executive officer of an adoption under its laws.

Section 12.1 is amended

(

a) by adding the following subsection:

(1.1) If the Nis g a'a Lisims Government makes a law in accordance with the Nis g a'a Final Agreement providing for the adoption of children, the Nis g a'a Lisims Government may give notice to the chief executive officer of an adoption occurring under that law. , and

(

b) in subsection (2) by striking out " notice under subsection (1) " and substituting " notice under subsection (1) or (1.1) ".

SECTION 34: [Vital Statistics Act,

section 14] provides for birth certificates in accordance

with the new birth registration for children adopted under Nis g a'a Laws.

Section 14 (1) is amended by striking out " of a treaty first nation or of another jurisdiction " and substituting " a treaty first nation, the Nis g a'a Lisims Government or another jurisdiction ".

Part 2 – Attorney General Amendments

Evidence Act

SECTION 35: [Evidence Act,

section 58]

provides that officers and employees of the specified bodies are not required to pay a fee prior to being appointed as commissioners;

authorizes the Lieutenant Governor in Council to make regulations designating additional persons or prescribing classes of persons who are not required to pay a fee prior to being appointed as commissioners;

modernizes the language of the section.

Section 58 of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed and the following substituted:

Commissioner fee exceptions

(1) In this section:

"Nis g a'a Final Agreement " has the same meaning as in the Nis g a'a Final Agreement Act ;

"Nis g a'a Nation" has the same meaning as in the Nis g a'a Final Agreement;

"Nis g a'a Village" has the same meaning as in the Nis g a'a Final Agreement;

"trust council" has the same meaning as in the Islands Trust Act .

(2) Section 57 does not apply to the appointment of

(

a) an officer or employee of

(

i) the government of British Columbia or Canada,

(ii) a municipality, a regional district or the trust council,

(iii) a treaty first nation, the Nis g a'a Nation or a Nis g a'a Village, or

(iv) a veterans' organization, or

(

b) a person who is designated by regulation or is within a prescribed class of persons.

(3) The Lieutenant Governor in Council may make regulations for the purposes of subsection (2) (

b) of this

section designating persons or prescribing classes of persons to whose appointment

section 57 does not apply.

Representative for Children and Youth Act

SECTION 36: [Representative for Children and Youth Act,

section 10]

adds a definition of "committee" consequential to the enactment by this Bill of

section 10 (2.1) of the Act;

clarifies that the representative's right to information does not include information relating to the Executive Council or any of its committees, as set out.

Section 10 of the Representative for Children and Youth Act, S.B.C. 2006, c. 29, is amended

(

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

(1) In this section:

"committee" includes a committee designated under

section 12 (5) of the Freedom of Information and Protection of Privacy Act ;

"officer of the Legislature" has the same meaning as in the Freedom of Information and Protection of Privacy Act , but does not include the representative. , and

(

b) by adding the following subsection:

(2.1) Subsection (2) does not apply with respect to information that would reveal the substance of deliberations of the Executive Council or any of its committees, including any advice, recommendations, policy considerations or draft legislation or regulations submitted or prepared for submission to the Executive Council or any of its committees.

Part 3 – Community and Rural Development Amendments

Municipalities Enabling and Validating Act (No. 3)

SECTION 37: [Municipalities Enabling and Validating Act (No. 3),

Part 10] adds

Part 10

respecting the Point Grey campus lands and does the following:

deems the Official Community Plan for Part of Electoral Area `A' to be the land use plan for the Point Grey campus of The University of British Columbia;

provides the minister with the authority to require that The University of British Columbia develop a land use plan, to establish requirements for the development of the plan and to adopt that plan;

provides that instruments of the Greater Vancouver Regional District, except those continuing regional district planning and services, have no effect in respect to the Point Grey campus lands;

provides that land development undertaken by and certain instruments of The University of British Columbia must not be inconsistent with a land use plan;

authorizes the Lieutenant Governor in Council to make interim regulations in relation to land use plans and the continuation of regional district and planning services.

37 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:

Part 10 – 2010

Definitions

35 In this Part:

"board" means the board of governors of The University of British Columbia;

"GVRD instrument" means a bylaw or resolution issued or adopted by the board of the Greater Vancouver Regional District under the Local Government Act or letters patent of the Greater Vancouver Regional District;

"Point Grey campus lands" means the lands in a prescribed geographical area that are owned in fee simple by The University of British Columbia;

"regional context statement" means a regional context statement referred to in

section 39;

"UBC Area official community plan" means the Official Community Plan for Part of Electoral Area `A' adopted by the Greater Vancouver Regional District in Bylaw No. 840 - 1996, as amended from time to time.

Application of this

Part

36 This Part applies despite the Local Government Act and the letters patent of the Greater Vancouver Regional District.

Official community plan deemed to be land use plan

(1) The UBC Area official community plan, with the modification set out in subsection (4) of this section, is deemed to be adopted by the minister as the land use plan for the Point Grey campus lands.

(2) The land use plan under subsection (1) is effective on the date that this

Part comes into force and remains in effect until it is replaced with a land use plan adopted by the minister under

section 42.

(3) Bylaw No. 840 - 1996 of the Greater Vancouver Regional District is repealed.

(4) For the purposes of subsection (1), the UBC Area official community plan is modified in

Schedule A by changing the designated use of the block of land immediately west of Wesbrook Mall and north of Thunderbird Boulevard from "Future Housing" to "UBC Core".

(5) Sections 40, 41 and 42 (1) and (2) apply in respect of an amendment to the land use plan for the Point Grey campus lands deemed to be adopted by the minister under subsection (1) of this section, and for that purpose a reference to a "land use plan" in sections 40, 41 and 42 (1) and (2) must be read as a reference to a "land use plan amendment".

Development of land use plan

(1) If required by order of the minister, the board must develop and submit to the minister a land use plan for the Point Grey campus lands to replace the land use plan deemed to be adopted by the minister under

section 37 that includes all of the following:

(

a) a statement of the objectives and policies guiding decisions on planning and land use management within the Point Grey campus lands;

(

b) a description of how the plan works towards the purpose and goals referred to in

section 849 [regional growth strategy goals] of the Local Government Act ;

(

c) a regional context statement.

(2) The minister may, by order, establish one or more of the following:

(

a) matters that are to be included in a land use plan in addition to the matters referred to in subsection (1);

(

b) matters that the board must address in a regional context statement in addition to matters referred to in

section 39, including the consistency between the land use plan and the regional growth strategy of the Greater Vancouver Regional District;

(

c) the form of a land use plan;

(

d) the manner in which the board must submit a land use plan to the minister;

(

e) the date by which the board must submit a land use plan to the minister.

Regional context statement

(1) A regional context statement in a land use plan for the Point Grey campus lands must describe the relationship between the land use plan and the regional growth strategy of the Greater Vancouver Regional District.

(2) A regional context statement and the rest of the land use plan must be consistent.

Consultation and public hearing

(1) During the development of a land use plan for the Point Grey campus lands, the board must

(

a) provide one or more opportunities the board considers appropriate for consultation with persons, organizations and authorities the board considers will be affected by the proposed land use plan, and

(

b) hold a public hearing respecting the proposed land use plan.

(2) The minister may, by order, impose requirements on the board relating to the consultations and public hearing under subsection (1).

Report on development of land use plan

41 When submitting a land use plan for the Point Grey campus lands to the minister for adoption, the board must submit with the land use plan a report, in the form specified by the minister, respecting all of the following:

(

a) a description of the process of developing the land use plan;

(

b) a description of the consultation process undertaken under

section 40 and the outcome of that process;

(

c) a description of the extent to which there is consistency between the land use plan and the regional growth strategy of the Greater Vancouver Regional District, including reasons for any inconsistencies;

(

d) any other matter respecting the development of the land use plan or the proposed implementation of the land use plan as directed by the minister.

Adoption of land use plan

(1) The minister may

(

a) by order, adopt a land use plan for the Point Grey campus lands submitted by the board, or

(

b) reject a land use plan for the Point Grey campus lands submitted by the board.

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

(

a) review the report submitted under

section 41, and

(

b) consult with the minister responsible for the administration of the University Act .

(3) The land use plan for the Point Grey campus lands deemed to be adopted by the minister under

section 37 ceases to have effect on the date of an order made by the minister under

section 42 (1).

Amending land use plan

43 Sections 40, 41 and 42 (1) and (2) apply in respect of an amendment to the land use plan for the Point Grey campus lands adopted by the minister under

section 42, and for that purpose a reference to a "land use plan" in sections 40, 41 and 42 (1) and (2) must be read as a reference to a "land use plan amendment".

Application of GVRD instruments

44 While the land use plan for the Point Grey campus lands deemed to be adopted by the minister under

section 37 or a land use plan for the Point Grey campus lands adopted by the minister under

section 42 is in effect, a GVRD instrument that would otherwise be applicable to the Point Grey campus lands has no effect in respect to those lands except for

(

a) GVRD instruments issued or adopted under any of the following:

(

i) section 523 [health protection authority] of the Local Government Act in respect of public health or sanitary conditions;

(ii)

section 799.1 [continuation of regional parks and trails] of the Local Government Act in respect of regional parks and regional trails;

(iii)

section 800 (1) and (2) (

a) to (e) [establishing bylaws required for most services] of the Local Government Act in respect of the services referred to in that section;

(iv)

section 800 (2) (

f) of the Local Government Act except for a service for which authority is expressly provided by

Part 26 [Planning and Land Use Management] of that Act;

(

v) section 808 [variable tax rate system] of the Local Government Act in respect of a variable tax rate system;

(vi)

section 815 [financial plan] of the Local Government Act in respect of a financial plan;

(vii)

Part 25 [Regional Growth Strategies] of the Local Government Act in respect of a regional growth strategy for the Greater Vancouver Regional District;

(viii) letters patent and supplementary letters patent issued by the following orders in council:

(

A) Orders in Council 163/71, 1448/74 and 1099/75 in respect of public housing and housing;

(

B) Orders in Council 4177/73 and 2125/82 in respect of labour negotiations;

(ix) any prescribed provision of the Local Government Act or any prescribed orders in council in respect of any prescribed matter, and

(

b) the following GVRD instruments:

(

i) Greater Vancouver Regional District E 9-1-1 Emergency Telephone Extended Service Establishment Bylaw No. 645, 1990;

(ii) Greater Vancouver Regional District Mosquito Control Service By-law No. 848-1996;

(iii) Greater Vancouver Regional District Regional Parks Service Conversion and Amendment Bylaw No. 1024, 2005;

(iv) Greater Vancouver Regional District Geospatial Reference System Service Establishment Bylaw No. 1030, 2005;

(

v) Greater Vancouver Regional District Mosquito Control Administration and Coordination Service Establishment Bylaw No. 1034, 2005 (West Nile Virus);

(vi) Greater Vancouver Regional District Emergency Planning Service Establishment Bylaw No. 1079, 2008;

(vii) any other prescribed GVRD instrument.

Requirement not to be inconsistent with land use plan

(1) In this section, "land development" means the following:

(

a) the alteration of land;

(

b) the alteration, construction, removal or restoration of buildings or structures;

(

c) the change in use of land, buildings or structures.

(2) The board must ensure that all

(

a) agreements entered into by The University of British Columbia,

(

b) rules, resolutions or similar authorities issued or adopted by the board,

(

c) permits, licences or similar authorities issued or adopted by The University of British Columbia under an authority referred to in paragraph (b), and

(

d) land development undertaken or authorized by the board

after the deemed adoption of the land use plan for the Point Grey campus lands under

section 37 or the adoption of a land use plan for the Point Grey campus lands under

section 42 must not be inconsistent with the relevant land use plan for the Point Grey campus lands.

Interim regulations

(1) Despite this Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(

a) providing an exception to or a modification of a provision in any enactment or providing for the application or continued application of a provision in any enactment in relation to the Point Grey campus lands;

(

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 land use plan for the Point Grey campus lands deemed to be adopted by the minister under

section 37, a land use plan for the Point Grey campus lands adopted by the minister under

section 42 and GVRD instruments having no effect in respect to the Point Grey campus lands.

(2) A regulation under subsection (1) may be made retroactive to a date not earlier than the date on which this

Part comes into force.

(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(4) A regulation may not be made under subsection (1) after June 30, 2012 and a regulation made under that subsection ceases to have effect after that date.

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 any other provision of this Act, the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing a geographical area for the purposes of the definition of "Point Grey campus lands" in

section 35;

(

b) prescribing provisions of the Local Government Act , orders in council and matters for the purposes of

section 44 (a) (ix) of this Part;

(

c) prescribing GVRD instruments for the purposes of

section 44 (b) (vii).

Transition – reference to UBC Area official community plan

48 A reference to the UBC Area official community plan in any of the following that are in effect on the date this

Part comes into force must be read as a reference to the land use plan for the Point Grey campus lands deemed to be adopted by the minister under

section 37 or adopted by the minister under

section 42, as applicable:

(

a) an agreement to which The University of British Columbia is a party;

(

b) an agreement to which UBC Properties Investments Trust Ltd., a company incorporated under the Business Corporations Act , is a party;

(

c) a licence, permit, resolution, rule or similar authority issued or adopted by The University of British Columbia.

Vancouver Charter

SECTION 38: [Vancouver Charter,

section 219] provides that the Director of Finance must,

in reports to the Council, set out objectives and policies for each year in relation

to the use of tax exemptions for eligible not for profit properties under

section 396F of the Act, added by this Bill.

Section 219 (2) (

c) of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:

(

c) the use of tax exemptions under sections 396A [exemptions for heritage property] , 396C [exemptions for riparian property], 396E [revitalization tax exemptions] and 396F [exemptions for not for profit property] .

SECTION 39: [Vancouver Charter,

section 396] provides that specified real property of an

incorporated charitable institution is entitled to an exemption from real property

taxation only if the exemption is provided by a by-law under

section 396F

of the Act, added by this Bill.

Section 396 (1) (

g) is amended by striking out " by by-law. " and substituting " by by-law under

section 396F [exemptions for not for profit property] . "

SECTION 40: [Vancouver Charter,

section 396F] authorizes the Council, by by-law in

accordance with the section, to grant real property taxation exemptions for

land or improvements, or both, that are owned or held by the Royal Canadian

Legion or by other charitable, philanthropic or other not for profit corporations

either directly or through trustees, and that the Council considers are used for a

purpose that is directly related to the purposes of the corporation.

40 The following

section is added:

Exemptions for not for profit property

396F.

(1) In this section:

"eligible not for profit property" means land or improvements, or both,

(

a) in respect of which, either directly or through trustees, a not for profit corporation is the registered owner or owner under agreement, or

(

b) that are held, either directly or through trustees, by a not for profit corporation, and

that the Council considers are used for a purpose that is directly related to the purposes of the not for profit corporation;

"not for profit corporation" means a charitable, philanthropic or other not for profit corporation.

(2) Despite

section 396 [liability to taxation] , the Council may, by by-law, exempt an eligible not for profit property from real property taxation under this Part, to the extent, for the period and subject to the conditions provided in the by-law.

(3) A by-law under this

section

(

a) must establish the term of the exemption, which may not be longer than 10 years, and

(

b) does not apply to taxation in a calendar year unless it comes into force on or before October 31 in the preceding year.

(4) If only a portion of a parcel is exempt under this section, the by-law under this

section must include a description of the exempt portion that is satisfactory to the British Columbia Assessment Authority.

(5) A by-law under this

section ceases to apply to property that ceases to be an eligible not for profit property and, after this, the property is liable to taxation under this Part.

(6) Before adopting a by-law under this section, the Council must

(

a) publish a notice of the proposed by-law in accordance with

section 3, and

(

b) consider the by-law in conjunction with the objectives and policies set out in the report under

section 219 (2) (c) [use of permissive tax exemptions] .

(7) The notice under subsection (6) (

a) must

(

a) identify the eligible not for profit property that would be subject to the by-law,

(

b) describe the proposed exemption,

(

c) state the number of years that the exemption may be provided, and

(

d) provide an estimate of the amount of taxes that would be imposed on the eligible not for profit property if it were not exempt, for the year in which the proposed by-law is to take effect and the following 2 years.

Transitional Provision

SECTION 41: [Forest Renewal Act transition – administration of community business

loans program]

provides that the minister is responsible for the administration of the forest community business loans program established by Forest Renewal BC under the Forest Renewal Act , before its repeal;

changes the name of the program to the community business loans program;

expands the purposes of the program;

authorizes the minister to amend a specified contract relating to the program, with the agreement of the other party to the contract, in any manner that is consistent with the expanded purposes of the program;

Forest Renewal Act transition – administration of community business loans program

(1) In this section:

"development corporation" means a corporation, other than Forest Renewal BC, that is a party to a contribution agreement;

" Forest Renewal Act " means the Forest Renewal Act , R.S.B.C. 1996, c. 160;

"Forest Renewal BC" means the corporation continued under

section 3 of the Forest Renewal Act , and dissolved under

section 28 of the Budget Measures Implementation Act, 2002 , S.B.C. 2002, c. 7;

"program" means the forest community business loans program established by Forest Renewal BC under the Forest Renewal Act , and continued under subsection (3) as the community business loans program, under which loans are provided to businesses by development corporations, with funds provided in part by Forest Renewal BC;

"program portfolio" means all of the rights, property, assets, obligations and liabilities in relation to the program transferred to and vested in the government under

section 28 of the Budget Measures Implementation Act, 2002 ;

"successor entity" means a corporation or other entity that, as a result of the termination of a contribution agreement, receives money under the provisions of that contribution agreement.

(2) The minister is responsible for the administration of the program portfolio and, in carrying out that administration, the minister may exercise any of the rights and powers and perform any of the duties of the government in relation to the program portfolio.

(3) The forest community business loans program is continued under the name of the community business loans program.

(4) The purposes of the program are deemed to include supporting small businesses that are

(

a) in one or more of the following sectors of the economy:

(

i) the forest sector;

(ii) aquaculture;

(iii) manufacturing;

(iv) tourism;

(

v) another prescribed sector of the economy,

(

b) developing or using clean or renewable energy,

(

c) developing innovative technology or using technology in an innovative manner,

(

d) beginning or expanding the export of goods or services from British Columbia, or

(

e) engaging in a prescribed activity, an activity within a prescribed class of activities, or a prescribed type of business.

(5) Without limiting subsection (2), the minister may amend a contribution agreement, with the consent of the development corporation that is a party to that contribution agreement, in any manner that is consistent with the purposes of the program, including, without limitation, the following:

(

a) amending the classes of persons that are eligible to receive a loan from a development corporation;

(

b) amending the permitted uses of the loan proceeds;

(

c) increasing or decreasing the permitted maximum amount of the loan or loans that a person may receive;

(

d) amending a provision relating to reporting by the development corporation or access to the records of the development corporation.

(

a) the contract is deemed to be a contribution agreement and to be part of the program portfolio, and

(

b) the successor entity is deemed to be a development corporation.

(7) The Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing a sector of the economy for the purposes of subsection (4) (a) (v);

(

b) prescribing an activity, a class of activities or a type of business for the purposes of subsection (4) (e);

(

c) defining a word or expression used but not defined in this section.

Part 4 – Education Amendments

School Act

SECTION 42: [School Act,

section 8.2] requires a board to consult with the school planning

council about school safety.

Section 8.2 of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following paragraph:

(

d) school safety, including the installation and operation of video surveillance cameras.

SECTION 43: [School Act,

section 74.01]

allows a board to install and operate a video surveillance camera in a school facility or on school land after obtaining approval from a school planning council;

allows a school planning council to make recommendations about the installation and operation of video surveillance cameras;

requires a board to conduct annual reviews about video surveillance cameras;

sets out exceptions to the provisions of this section.

43 The following

section is added:

Video surveillance cameras

74.01

(1) A board may install and operate a video surveillance camera in a school facility or on school land for the purposes of protecting

(

a) the safety of individuals in a school facility or on school land,

(

b) an individual's belongings in a school facility or on school land, or

(

c) school property

with the prior approval of the school planning council for the school where the board proposes to install and operate a video surveillance camera.

(2) A school planning council may make recommendations to a board to install and operate a video surveillance camera in a school facility or on school land for the purposes set out in subsection (1).

(3) If a board

(

a) has installed and operates a video surveillance camera in a school facility or on school land before the date this

section comes into force, or

(

b) installs and operates a video surveillance camera in a school facility or on school land for the purposes set out in subsection (1),

the board must conduct an annual review that assesses if the installation and operation of the video surveillance camera is accomplishing a purpose set out in subsection (1).

(4) Subsections (1) to (3) do not apply to the installation and operation of a video surveillance camera in a school facility or on school land on a temporary basis for a specific investigative purpose.

(5) Subsection (1) does not apply to a video surveillance camera installed in a school facility or on school land before the date this

section comes into force.

SECTION 44: [School Act,

section 166.4] provides that proposed

section 74.01 in respect of

video surveillance cameras applies to a francophone education authority.

Section 166.4 (1) is amended by adding " 74.01, " after " Sections 73, 74, ".

Part 5 – Energy, Mines and Petroleum Resources Amendments

Carbon Tax Act

SECTION 45: [Carbon Tax Act, sections 64 and 75] is consequential to the amendments

made to

section 71 by this Bill.

45 Sections 64 (9) and 75 (1) of the Carbon Tax Act, S.B.C. 2008, c. 40, are amended by striking out "

section 71 " and substituting "

section 71 (1) ".

SECTION 46: [Carbon Tax Act,

section 71] authorizes the disclosure of the name and

address of collectors under the Act.

Section 71 is amended

(

a) by renumbering the

section as

section 71 (1), and

(

b) by adding the following subsection:

(2) The prohibition in subsection (1) does not apply in respect of the names and addresses of collectors.

Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act

SECTION 47: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 1] amends the definition of "Part 3 fuel" to remove reference

Part 2 fuel.

Section 1 of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, S.B.C. 2008, c. 16, is amended in the definition of "Part 3 fuel"

(

a) by repealing paragraph (

a) and substituting the following:

(

a) gasoline class fuel;

(a.1) diesel class fuel; , and

(

b) by repealing everything after paragraph (

c) and substituting the following:

(

d) any other energy source prescribed by regulation,

but does not include an energy source excluded by regulation; .

SECTION 48: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 5] authorizes

Part 2 fuel suppliers to retain their overages

or defer their shortages in meeting the renewable fuel requirements, and to

apply the excess or add the shortage to requirements for the next compliance

period.

Section 5 is amended by adding the following subsections:

(3) If a

Part 2 fuel supplier exceeds its renewable fuel obligation for a compliance period, the

Part 2 fuel supplier may

(

a) notionally retain the excess up to the prescribed percentage of the obligation, and

(

b) apply that amount towards its renewable fuel obligation for the next compliance period.

(4) Despite

section 2, if a

Part 2 fuel supplier does not meet its renewable fuel obligation for a compliance period, the

Part 2 fuel supplier may

(

a) defer the deficiency up to the prescribed percentage of the obligation, excluding any amount that must be added under paragraph (

b) from the previous compliance period, and

(

b) add that amount to its obligation for the next compliance period.

SECTION 49: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 6] deletes a method of determining carbon intensity and

authorizes manufacturers and importers of

Part 3 fuel, that are not themselves

Part 3 fuel suppliers, to propose alternative methods of determining carbon

intensity.

Section 6 (3) (

b) is amended

(

a) by repealing subparagraph (i), and

(

b) in subparagraph (iii) by striking out " by the

Part 3 fuel supplier " and substituting " by a

Part 3 fuel supplier or by a manufacturer or importer of

Part 3 fuel ".

SECTION 50: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 8] allows

Part 3 fuel suppliers to apply or attribute

amounts of carbon equivalent emissions transferred to them to requirements

for prescribed compliance periods rather than just the same compliance period,

and authorizes

Part 3 fuel suppliers to retain their own surpluses and shortages

of carbon dioxide equivalent emissions and apply or attribute them to requirements

for a prescribed compliance period.

Section 8 is amended

(

a) by repealing subsection (1) (

b) and substituting the following:

(

b) as applicable,

(

i) apply an amount transferred to it under paragraph (a) (

i) as a credit against its attributable greenhouse gas emissions for a prescribed compliance period, or

(ii) apply an amount transferred to it under paragraph (a) (ii) as an increase of its attributable greenhouse gas emissions for the same compliance period, or , and

(

b) by adding the following subsection:

(3) Subject to the regulations, a

Part 3 fuel supplier may

(

a) notionally retain an amount of carbon dioxide equivalent emissions equal to all or part of the amount the

Part 3 fuel supplier could have had attributable to the

Part 3 fuel that it supplied in a compliance period without exceeding the prescribed carbon intensity, and

(

b) apply that amount as a credit against its attributable greenhouse gas emissions for a prescribed compliance period.

SECTION 51: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

Part 3.1] requires fuel suppliers to advise purchasers of the renewable

fuel content of fuel by posting labels or giving notice.

51 The following

Part is added:

Part 3.1 – Fuel Labelling Requirements

Definition of purchaser

8.1 In this Part, "purchaser" means a person who, within British Columbia, buys or receives delivery of fuel

(

a) for the person's own use or for use by another person at the first person's expense, or

(

b) on behalf of or as an agent for a principal for use by the principal or by other persons at the expense of the principal.

Renewable fuel labelling

8.2 A person who provides to a purchaser gasoline class fuel, or diesel class fuel, that contains renewable fuel must comply with the regulations requiring

(

a) the posting of labels, or

(

b) that notice be given to the purchaser

respecting the renewable fuel content of the fuel.

SECTION 52: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 10] corrects the formula for calculating automatic administrative

penalties when carbon intensity requirements for fuel are not met for

a compliance period.

Section 10 is amended

(

a) in subsection (1) by striking out everything after " the following formula: " and substituting the following:

administrative penalty =

( actual CI – required CI ) x

sum of ( EER x EC for each fuel )

– NE credit + NE increase

x PR

1,000,000

where

actual CI

the weighted average of the carbon intensities of all

Part 3 fuels supplied by the

Part 3 fuel supplier in the compliance period before taking into account notional emissions under

section 8;

required CI

the prescribed level of carbon intensity for the compliance period;

energy content of a fuel;

EER

energy efficiency ratio;

NE credit

notional emissions credited under

section 8;

NE increase

notional emissions increased under

section 8;

the penalty rate prescribed by regulation; , and

(

b) by adding the following subsection:

(1.1) In subsection (1):

"energy content" , in relation to a fuel, means the prescribed energy density for the fuel multiplied by the quantity of the fuel supplied in the compliance period;

"energy effectiveness ratio" , in relation to a fuel, means the energy effectiveness ratio prescribed for the fuel;

"notional emissions credited under

section 8" means the net amount in tonnes of carbon dioxide equivalent emissions retained or transferred by or to the

Part 3 fuel supplier under

section 8 that the

Part 3 fuel supplier is applying under

section 8 (1) (b) (

i) or (3) (

b) for the compliance period;

"notional emissions increased under

section 8" means the net amount in tonnes of carbon dioxide equivalent emissions transferred by or to the

Part 3 fuel supplier under

section 8 that the

Part 3 fuel supplier must apply under

section 8 (1) (b) (ii) for the compliance period.

SECTION 53: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 11] makes administrative penalties imposed for failure to

meet renewable or low carbon fuel requirements due on the same date as the

compliance report to which they relate.

Section 11 (5) and (6) is repealed and the following substituted:

(5) An administrative penalty under this

section is due on the date the compliance report to which it relates is due but may not be recovered under

section 13 until one of the following has occurred:

(

a) the fuel supplier admits the non-compliance and its extent in writing;

(

b) the time for appealing the determination of non-compliance or its extent has elapsed and no appeal has been commenced;

(

c) the determination of non-compliance or its extent is appealed and a final determination is made.

(6) An administrative penalty under this

section must be paid to the government in accordance with the regulations.

SECTION 54: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 15] makes it an offence to fail to comply with the labelling

or notice requirements of

Part 3.1.

Section 15 is amended

(

a) by adding the following subsection:

(2.1) A person that contravenes

section 8.2 by

(

a) failing to label fuel dispensing equipment or give notice in the circumstances required by the regulations,

(

b) labelling fuel dispensing equipment or giving notice in a form or manner that does not comply with the regulations, or

(

c) providing false or misleading information on a label or notice required under

section 8.2

commits an offence. , and

(

b) in subsection (6) by striking out " under subsection (5) " and substituting " under subsection (2.1) or (5) ".

SECTION 55: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 22] is consequential to the repeal of

section 26 (

p) by this

Bill.

Section 22 (3) (c) (ii) is repealed and the following substituted:

(ii) any notional transfers and their application under

section 8 [transferring or retaining carbon dioxide equivalent emissions] ; .

SECTION 56: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 24] authorizes different regulations in respect of different

compliance periods.

Section 24 (3) (

c) is amended by striking out " different types or classes of fuels, " and substituting " different types or classes of fuels or different compliance periods, ".

SECTION 57: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 25]

makes an amendment consequential to authorizing

Part 2 fuel suppliers to retain their own surpluses and shortages in respect of the renewable fuel obligations;

authorizes regulations deeming a sale that is not the first sale of fuel in British Columbia to be the first sale;

provides for regulations authorizing the director to exempt a

Part 2 fuel supplier from compliance with

section 2 of the Act.

Section 25 is amended

(

a) by renumbering the

section as

section 25 (1),

(

b) in subsection (1) (

e) by striking out " providing for sales " and substituting " providing, with or without conditions, for sales ",

(

c) in subsection (1) by adding the following paragraph:

(f.1) for purposes of regulations under paragraph (

e) or (f), deeming a sale of

Part 2 fuel that is not the first time the fuel is sold after it is manufactured or brought into British Columbia to be the first sale of the fuel after it is manufactured or brought into British Columbia; ,

(

d) in subsection (1) (

m) by striking out " on notional transfers under

section 5 " and substituting " on notional transfers or retentions under

section 5 ",

(

e) in subsection (1) by adding the following paragraph:

(

o) authorizing the director, on application in accordance with the regulations, to exempt a

Part 2 fuel supplier from compliance with

section 2 (1) or (2) in relation to one or more prescribed classes of

Part 2 fuel for a compliance period, if

(

i) the director, on considering the prescribed matters, is satisfied that the fuel supplier meets the prescribed criteria, and

(ii) the fuel supplier supplies the prescribed amount or less of the prescribed class or classes, as applicable, of

Part 2 fuel in the compliance period. , and

(

f) by adding the following subsection:

(2) An exemption under subsection (1) (o)

(

a) is conditional until the

Part 2 fuel supplier submits a report under

section 3 showing that the

Part 2 fuel supplier supplied the amount prescribed under subsection (1) (o) (ii) or less of the prescribed class or classes of

Part 2 fuel in the compliance period, and

(

b) is cancelled and has no effect if the

Part 2 fuel supplier's report under

section 3 for the compliance period shows that the fuel supplier supplied more than the amount prescribed under subsection (1) (o) (ii) of the prescribed class or classes of

Part 2 fuel in that compliance period.

SECTION 58: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 26]

is consequential to amendments to the definition of "Part 3 fuel" and to authorizing

Part 3 fuel suppliers to retain their own surpluses and shortages in respect of their low carbon fuel requirements;

authorizes regulations deeming a sale that is not the first sale of fuel in British Columbia to be the first sale;

provides for regulations authorizing the director to exempt a

Part 3 fuel supplier from compliance with

section 6 of the Act.

Section 26 is amended

(

a) by renumbering the

section as

section 26 (1),

(

b) in subsection (1) by adding the following paragraph:

(a.1) excluding an energy source from being included as a

Part 3 fuel, including excluding the energy source on the basis of the purpose for which it is reasonably expected to be used; ,

(

c) in subsection (1) (

b) by striking out " related to the life cycle of the fuel and its fuel feedstock " and substituting " related to the life cycle of the fuel, including its feedstock, ",

(

d) in subsection (1) (

d) by striking out " providing for sales " and substituting " providing, with or without conditions, for sales ",

(

e) in subsection (1) by adding the following paragraph:

(e.1) for purposes of regulations under paragraph (

d) or (e), deeming a sale of

Part 3 fuel that is not the first time the fuel is sold after it is manufactured or brought into British Columbia to be the first sale of the fuel after it is manufactured or brought into British Columbia; ,

(

f) in subsection (1) (

n) by striking out " notional transfers and applications " and substituting " notional transfers, notional retentions, and their application ",

(

g) by repealing subsection (1) (p),

(

h) in subsection (1) by adding the following paragraph:

(

q) authorizing the director, on application in accordance with the regulations, to exempt a

Part 3 fuel supplier from compliance with

section 6 (1) in relation to one or more prescribed classes of

Part 3 fuel for a compliance period, if

(

i) the director, on considering the prescribed matters, is satisfied that the fuel supplier meets the prescribed criteria, and

(ii) the fuel supplier supplies the prescribed amount or less of the prescribed class or classes, as applicable, of

Part 3 fuel in the compliance period. , and

(

i) by adding the following subsection:

(2) An exemption under subsection (1) (q)

(

a) is conditional until the

Part 3 fuel supplier submits a report under

section 7 showing that the

Part 3 fuel supplier supplied the amount prescribed under subsection (1) (q) (ii) or less of the prescribed class or classes of

Part 3 fuel in the compliance period, and

(

b) is cancelled and has no effect for the compliance period if the

Part 3 fuel supplier's report under

section 7 for the compliance period shows that the fuel supplier supplied more than the amount prescribed under subsection (1) (q) (ii) of the prescribed class or classes of

Part 3 fuel in that compliance period.

SECTION 59: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 27] requires a notice of intent to impose an administrative

penalty as part of the process for imposing one and makes amendments consequential

to that requirement.

Section 27 is amended

(

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

(

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

(

c) in paragraph (

b) by adding the following subparagraph:

(iii) requiring the director to serve a person with a notice of intent to impose an administrative penalty and provide the person with an opportunity to be heard before sending an administrative penalty notice; ,

(

d) in paragraph (c) (

v) by striking out " prescribing whether an administrative penalty notice must be cancelled if the person on whom it was served demonstrates " and substituting " prohibiting the director from serving an administrative penalty notice on a person who has demonstrated ",

(

e) by repealing paragraph (

e) and substituting the following:

(

e) establishing procedures for providing a person on whom a notice of intent to impose an administrative penalty has been served with an opportunity to be heard, which may include opportunities that do not involve an oral hearing; , and

(

f) in paragraph (

g) by striking out " imposing additional administrative penalties; " and substituting " imposing additional administrative penalties under

section 12; ".

SECTION 60: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act, sections 27.1 and 29.1]

adds regulation making authority in respect of

Part 3.1 of the Act;

authorizes applications to the director for transitional deferrals of renewable fuel obligations for the 2010 and 2011 compliance years.

60 The following sections are added:

Regulations in relation to labelling

27.1 Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations requiring a person that provides to a purchaser gasoline class fuel, or diesel class fuel, that contains renewable fuel to label its fuel dispensing equipment or provide notice to the purchaser

(

a) in the prescribed circumstances,

(

b) in the form and manner specified in the regulation, and

(

c) identifying the renewable fuel and the range of renewable fuel content contained in the gasoline class fuel or diesel class fuel.

Transition – deferring

Part 2 obligations

29.1

(1) Despite

section 2, a

Part 2 fuel supplier may apply to the director in accordance with the regulations for authorization to

(

a) defer up to the prescribed percentage of its obligation in respect of diesel class fuel for the 2010 or 2011 compliance periods, and

(

b) add

(

i) that amount to its obligation in respect of diesel class fuel for one of the following 2 compliance periods, or

(ii) parts of that amount, totalling the full amount deferred under paragraph (a), to its obligation in respect of diesel class fuel for the following 2 compliance periods.

(2) An application under subsection (1) must

(

a) include the prescribed information,

(

b) demonstrate a need for the deferral, and

(

c) include a plan demonstrating that the

Part 2 fuel supplier will be able to meet the obligation under subsection (1) (

b) within the following 2 compliance periods.

(3) Before approving an application under subsection (1), the director

(

a) may request additional information,

(

b) must be satisfied in respect of the matters under subsection (2) (

b) and (c), and

(

c) may consider other relevant factors.

(4) A

Part 2 fuel supplier whose application is approved under subsection (3) for a compliance period may not defer under

section 5 (4) in relation to its obligation in respect of diesel class fuel for that compliance period.

Hydro and Power Authority Act

SECTION 61: [Hydro and Power Authority Act,

section 32] adds the Greenhouse Gas

Reduction (Renewable and Low Carbon Fuel Requirements) Act to the list of

enactments that apply to the British Columbia Hydro and Power Authority.

Section 32 (7) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended by adding the following paragraph:

(c.3) the Greenhouse Gas Reduction (Renewable and Low Carbon fuel Requirements) Act ; .

Mineral Tenure Act

SECTION 62: [Mineral Tenure Act,

section 6.31] adds the subdivision of claims to the list of

matters that are not effective until registered.

Section 6.31 (1) of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended by adding the following paragraph:

(a.1) a subdivision of a claim under

section 24.3; .

SECTION 63: [Mineral Tenure Act,

section 6.7] enables the co-existence in a single cell of a

mining lease and a placer claim or a mining lease and a placer lease.

Section 6.7 (

d) is amended by adding the following subparagraphs:

(iii) a mining lease and a placer claim;

(iv) a mining lease and a placer lease.

SECTION 64: [Mineral Tenure Act,

section 12] clarifies that mineral claims, placer claims,

mining leases and placer leases are distinct mineral titles, and deletes a redundant

provision.

Section 12 is repealed and the following substituted:

Independence of mineral titles

12 The following are individual and distinct mineral titles constituted, acquired and maintained independently:

(

a) a mineral claim;

(

b) a placer claim;

(

c) a mining lease;

(

d) a placer lease.

SECTION 65: [Mineral Tenure Act,

section 22]

ranks the terms or conditions that can be imposed in respect of a mineral reserve and provides that if mineral reserves overlap each other and the terms or conditions are inconsistent with each other, those having the highest rank prevail;

gives the amendments retroactive effect so that the ranking applies to any mineral reserves overlapping on the date the

section comes into force.

Section 22 is amended by adding the following subsections:

(5) If some or all of the land comprising a mineral reserve established under this or a former Act is subsequently included in one or more other mineral reserves under subsection (1), in the area of the overlap,

(

b) to the extent that the terms or conditions that apply in one mineral reserve, whether established before or after another mineral reserve, conflict or are inconsistent with the terms or conditions that apply in other mineral reserves, the terms or conditions having the highest rank under subsection (6) apply in the area of the overlap.

(6) Terms or conditions imposed in a regulation under this

section are ranked from the highest to the lowest as follows:

(

a) an absolute prohibition of a mining activity under subsection (2) (c);

(

b) a prohibition of mining activity under specified circumstances under subsection (2) (c);

(

c) a prohibition under subsection (2) (a);

(

d) a prohibition under subsection (2) (d).

(7) If a mineral reserve to which subsections (5) (

b) and (6) apply is cancelled and subsection (5) (

b) continues to apply in respect of reserves that overlapped with the cancelled reserve, the terms or conditions having the highest rank under subsection (6) apply in the area of the overlap.

(8) Subsections (5) to (7) are retroactive to the extent necessary to apply to all mineral reserves that overlap with other mineral reserves on the date this

section comes into force.

SECTION 66: [Mineral Tenure Act,

section 24.3] authorizes the subdivision, in accordance

with the regulations, of cell claims into two or more cell claims not less than

one cell in size.

66 The following

section is added:

Subdivision of cell claims

24.3 In accordance with the regulations, the recorded holder of a cell claim comprising 2 or more cells may subdivide the claim into 2 or more cell claims that are not less than one cell in size.

SECTION 67: [Mineral Tenure Act,

section 42]

adds a requirement that an applicant for a mining lease provide information that satisfies the chief gold commissioner that the lease is required for the production of a mineral;

makes housekeeping amendments so that the

section parallels

section 45 of the Act when the policy that applies to the issuance of mineral leases and to placer leases is the same.

Section 42 is repealed and the following substituted:

Issue of mining lease

(1) A recorded holder of a mineral claim who wishes to replace the mineral claim with a lease must do all of the following:

(

a) comply with

section 6.32 and pay the prescribed fee;

(

b) if required to do so by the chief gold commissioner, have the mineral claim over which the mining lease will be issued surveyed by a British Columbia land surveyor and have the survey approved by the Surveyor General;

(

c) post a notice in the prescribed form in the office of the chief gold commissioner stating that the recorded holder intends to apply for a mining lease;

(

d) publish promptly in one issue of the Gazette, and once each week for 4 consecutive weeks in a newspaper circulating in the area in which the mineral claim is situated, a copy of the notice referred to in paragraph (c).

(2) A recorded holder referred to in subsection (1) must also submit to the chief gold commissioner information that satisfies the chief gold commissioner that the recorded holder has a genuine intention to use the mineral lands for the production of a mineral.

(3) For the purposes of subsection (2), the chief gold commissioner may require the recorded holder to provide other information, which may include, but is not limited to, the following:

(

a) whether an environmental assessment certificate under the Environmental Assessment Act is required in relation to the proposed mineral production and, if a certificate is required,

(

i) whether the certificate has been issued, or

(ii) the steps that have been taken to comply with the order of the executive director or the minister, as applicable, under that Act in respect of the scope of the assessment and the procedures and methods for conducting the assessment;

(

b) whether a permit under

section 10 of the Mines Act is required in relation to the proposed mineral production and, if a permit is required,

(

i) whether the permit has been issued, or

(ii) the stage in the permit approval process that the application has reached.

(4) The chief gold commissioner may issue a mining lease if the chief gold commissioner is satisfied that the recorded holder

(

a) has met all the requirements of subsection (1), and

(

b) has a genuine intention to use the mineral lands for the production of a mineral.

(5) A mining lease under subsection (4) must be issued

(

a) for a term not longer than 30 years, and

(

b) on the conditions the chief gold commissioner considers necessary.

(6) If,

(

a) during the term of a mining lease issued under subsection (4), the lessee complies with this Act, the regulations and any conditions of the mining lease, and

(

b) the chief gold commissioner is satisfied that the lease is required for the production of a mineral,

the lessee is entitled to a renewal of the mining lease for one or more further terms not exceeding 30 years each.

(7) The right of renewal of a mining lease under subsection (6) applies to a lease issued before December 1, 1995.

SECTION 68: [Mineral Tenure Act,

section 45]

adds a requirement that an applicant for a placer lease provide information that satisfies the chief gold commissioner that the lease is required for the production of a placer mineral;

makes housekeeping amendments so that the

section parallels

section 42 of the Act when the policy that applies to the issuance of mineral leases and to placer leases is the same.

Section 45 is repealed and the following substituted

Issue of placer lease

(1) A recorded holder of a placer claim, or a placer lease issued under a former Act, who wishes to replace it with a lease issued under this Act must do all the following:

(

a) comply with

section 6.32 and pay the prescribed fee;

(

b) deliver to the chief gold commissioner a plan of survey of the area of the lease, prepared and carried out in accordance with the regulations;

(

c) post a notice in the prescribed form in the office of the chief gold commissioner stating that the recorded holder intends to apply for a placer lease;

(

d) publish a copy of the notice referred to in paragraph (

c) as required under the regulations.

(2) A recorded holder referred to in subsection (1) must also submit to the chief gold commissioner information that satisfies the chief gold commissioner that the recorded holder has a genuine intention to use the mineral lands for the production of a placer mineral.

(3) For the purposes of subsection (2), the chief gold commissioner may require the applicant to provide other information, which may include, but is not limited to, the following:

(

a) whether an environmental assessment certificate under the Environmental Assessment Act is required in relation to the proposed placer mineral production and, if a certificate is required,

(

i) whether the certificate has been issued, or

(ii) the steps that have been taken to comply with the order of the executive director or the minister, as applicable, under that Act in respect of the scope of the assessment and the procedures and methods for conducting the assessment;

(

b) whether a permit under

section 10 of the Mines Act is required in relation to the proposed placer mineral production and, if a permit is required,

(

i) whether the permit has been issued, or

(ii) the stage in the permit approval process that the application has reached.

(4) The chief gold commissioner may issue a placer lease if the chief gold commissioner is satisfied that

(

a) the recorded holder has met all the requirements of subsection (1), and

(

b) the recorded holder has a genuine intention to use the mineral lands for the production of a placer mineral.

(5) A placer lease under subsection (4) must be issued

(

a) for a term not longer than 10 years, and

(

b) on the conditions the chief gold commissioner considers necessary.

(6) If,

(

a) during the term of a placer lease issued under subsection (4), the lessee complies with this Act, the regulations and any conditions of the placer lease, and

(

b) the chief gold commissioner is satisfied that the lease is required for the production of a placer mineral,

the lessee is entitled to a renewal of the placer lease for one or more further terms not exceeding 10 years each.

(9) If a placer lease is issued based on a technical survey and the technical survey plan is later found to be inaccurate, the chief gold commissioner may amend the plan and revise the area of the placer lease.

SECTION 69: [Mineral Tenure Act,

section 65] removes the limitation that fees set under

the Act must be directly tied to the cost of providing services.

Section 65 (2) (

o) is repealed and the following substituted:

(

o) establishing fees or charges for performing duties or providing services under this Act;

(o.1) setting the amount of a fee, charge, rent, payment or cost, authorized under this Act; .

SECTION 70: [Mineral Tenure Act,

section 65] provides authority for regulations respecting

the subdivision of cell claims.

Section 65 (2.1) (

d) is amended by striking out " a reduction in the size of a cell claim and " and substituting " a reduction in the size of a cell claim, a subdivision of a cell claim into 2 or more cell claims and ".

SECTION 71: [Mineral Tenure Act,

section 67] authorizes the chief gold commissioner to

delete from the registry claims that were registered after the forfeiture or

expiry of a claim and before the chief gold commissioner relieves the claim

holder of the forfeiture or expiry, and provides that no compensation is payable

in respect of the deletion.

Section 67 is amended

(

a) by renumbering the

section as

section 67 (2),

(

b) by adding the following subsection:

(1) In this section, "intervening claim" means a claim that is in respect of land that was subject to a forfeited claim or an expired lease and is registered in the period between

(

a) the date the record of the forfeited claim or expired lease was deleted from the registry, and

(

b) the date the chief gold commissioner makes an order in respect of the forfeiture or expiry under subsection (2). ,

(

c) in subsection (2) by striking out " the chief gold commissioner may set aside " and substituting " the chief gold commissioner, by order, may set aside ", and

(

d) by adding the following subsections:

(3) The chief gold commissioner, under

section 6.36, may delete an intervening claim from the registry.

(4) No legal proceeding lies or may be commenced or maintained, and no compensation is payable, in respect of a deletion under subsection (3).

Motor Fuel Tax Act

SECTION 72: [Motor Fuel Tax Act, sections 57.1 and 64] is consequential to the amendments

made to

section 62 by this Bill.

72 Sections 57.1 (9) and 64 (3) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, are amended by striking out "

section 62 " and substituting "

section 62 (1) ".

SECTION 73: [Motor Fuel Tax Act,

section 62] authorizes the disclosure of the name and

address of collectors under the Act.

Section 62 is amended

(

a) by renumbering the

section as

section 62 (1), and

(

b) by adding the following subsection:

(2) The prohibition in subsection (1) does not apply in respect of the names and addresses of collectors.

Transitional Provision

SECTION 74: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act transition – retroactive regulations] authorizes that regulations

made under

section 25, 26 or 27 of the Act, if made on or before December 31,

2010, may be made retroactively to January 1, 2010.

Greenhouse Gas Reduction (Renewable and Low Carbon

Fuel Requirements) Act transition – retroactive regulations

74 If made on or before December 31, 2010, regulations under

section 25, 26 or 27 of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act may be made retroactive to January 1, 2010, and if made retroactive, are retroactive to that date.

Part 6 – Environment Amendments

Greenhouse Gas Reduction (Cap and Trade) Act

SECTION 75: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 1] adds a definition

of "contingency account".

Section 1 of the Greenhouse Gas Reduction (Cap and Trade) Act S.B.C. 2008, c. 32, is amended by adding the following definition:

"contingency account" means a contingency account established under

section 14 (4) [compliance unit tracking system] ; .

SECTION 76: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 2] provides for

limits on the quantity or proportion of BC Emission Reduction Units that may

be retired to match emissions for a compliance period.

Section 2 (3) is amended by striking out " RCUs " wherever it appears and substituting " BCERUs or RCUs ".

SECTION 77: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 4] adds a provision

giving relief from the requirement to provide a supplementary report in

relation to immaterial inaccuracies, omissions or changes.

Section 4 is amended

(

a) in subsection (2) by striking out " The operator of " and substituting " Subject to subsection (2.1), the operator of ", and

(

b) by adding the following subsection:

(2.1) Subsection (2) does not apply in relation to inaccuracies, omissions or changes that are considered to be immaterial under the regulations.

SECTION 78: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 14] provides that

the compliance unit tracking system may include one or more contingency

accounts.

Section 14 is amended by adding the following subsection:

(4) The compliance unit tracking system may include one or more contingency accounts held by the government into which the director may, in accordance with the regulations, issue or direct the issuance of a portion of the BCERUs from accepted emission reduction projects.

SECTION 79: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 36] clarifies language

and authorizes the disclosure of information required for the purpose of

verifying reports under the Act.

Section 36 is amended

(

a) in subsection (3) (

b) by striking out " major source category: " and substituting " prescribed categories of sources: ", and

(

b) in subsection (4) by adding the following paragraph:

(c.1) for the purpose of verifying reports under this Act.

SECTION 80: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 37]

adds to the list of organizations with which the minister can enter into information-sharing agreements;

adds a provision authorizing the minister to enter into agreements.

Section 37 is amended

(

a) in subsection (2) by striking out " or " at the end of paragraph (

b) and by adding the following paragraphs:

(

d) an organization responsible for accrediting persons qualified to conduct validations or verifications under this Act, or

(

e) an organization that has been designated or established for the purposes of collecting information regarding greenhouse gas emissions within a cap and trade system. , and

(

b) by adding the following subsection:

(3) With the prior approval of the Lieutenant Governor in Council, the minister may enter into agreements

(

a) with Canada, another province or another jurisdiction in or outside Canada, or with an agent of any of them, respecting emission reduction projects carried out in other jurisdictions, including, without limitation, inspection and enforcement and accounting for reductions of emissions, or

(

b) with all or any of the following for the purposes of the requirements of this Act or the regulations relating to validations and verifications:

(

i) the administrative authority;

(ii) an authority referred to in

section 40 (c) [units from other authorities] ;

(iii) Canada, another province or another jurisdiction in or outside Canada, or with an agent of any of them;

(iv) an organization responsible for accrediting persons qualified to conduct validations or verifications under this Act;

(

v) an organization referred to in subsection (2) (e).

SECTION 81: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 38] allows regulations

to be made for different classes of compliance unit tracking system

accounts or account holders.

Section 38 (3) (

c) is amended by striking out " and " at the end of subparagraph (ii), by adding " and " at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) different classes of compliance unit tracking system accounts or account holders, .

SECTION 82: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 39] adds additional

regulation making powers in relation to regulated operations and reporting

operations.

Section 39 is amended

(

a) in paragraph (

a) 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) referring to a prescribed level of

(

A) attributable greenhouse gas emissions, or

(

B) attributable greenhouse gas emissions from prescribed categories of sources. ,

(

b) by adding the following paragraphs:

(b.1) respecting operations that are regulated operations or may become regulated operations during a compliance period, including, without limitation,

(

i) requiring those operations to register with, or submit information to, the director, and

(ii) respecting the timing, form, content and manner of registration and submission of the information;

(b.2) respecting operations that are reporting operations or may become reporting operations during a reporting period, including, without limitation,

(

i) requiring those operations to register with, or submit information to, the director,

(ii) respecting the timing, form, content and manner of registration and submission of the information, and

(iii) respecting the submission and approval of plans for the monitoring and quantification of attributable greenhouse gas emissions by those operations; ,

(

c) in paragraph (e) (

i) and (ii) by striking out " RCUs " and substituting " BCERUs and RCUs ", and

(

d) by adding the following paragraph

(

g) respecting inaccuracies, omissions or changes that are considered to be immaterial for the purposes of

section 4 (2.1) [emissions reports] .

SECTION 83: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 40] adds additional

regulation making powers in relation to compliance units.

Section 40 is amended

(

a) in paragraph (

b) by adding " and " at the end of subparagraph (i), by striking out " and " at the end of subparagraph (iii) and by repealing subparagraphs (ii) and (iv), and

(

b) by adding the following paragraphs:

(b.2) respecting the purposes for which accounts may be held, and requiring a person engaged in a prescribed activity or using an account for a prescribed purpose to be a member of a prescribed self regulatory organization;

(

e) respecting the quantity of compliance units that may be held by or on behalf of a person at any point in time;

(

f) respecting the transfer of compliance units, including without limitation,

(

i) establishing or designating an exchange or order matching system for the purposes of establishing or facilitating the establishment of contracts for the transfer of compliance units,

(ii) prohibiting or regulating the transfer of compliance units where the contract for transfer of the units has not been established, or where offers forming the basis for the contract were not published, through the exchange or system established or designated under subparagraph (i), and

(iii) requiring the reporting to the administrative authority of information related to the transaction by the exchange or system established or designated under subparagraph (

i) or by parties to the transaction.

SECTION 84: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 40.1] adds a provision

authorizing the minister to make regulations in relation to BC Emission

Reduction Units.

84 The following

section is added:

Ministerial regulations in relation to BCERUs

40.1

(1) Without limiting any other provision of this Act, the minister may make regulations as follows:

(

a) respecting the conditions under which BCERUs may be issued in relation to classes of emission reduction projects and, without limitation,

(

i) requiring the owner or operator of an emission reduction project to give security to the minister in the amount and form and subject to the conditions specified, or authorizing a director to require the owner or operator of an emission reduction project to give security to the minister in the amount and form and subject to the conditions the director may specify,

(ii) respecting contingency accounts, including, without limitation,

(

A) the classes of emission reduction projects for which a portion of BCERUs must be issued into a contingency account,

(

B) the portions of BCERUs to be issued into a contingency account from prescribed classes of emission reduction projects, and

(

C) the retirement of units from a contingency account into a retirement account, and

(

b) respecting the implementation of classes of emission reduction projects by project proponents, including, without limitation,

(

i) requiring proponents to ensure that project plans are implemented, and

(ii) requiring proponents to retire compliance units or transfer compliance units into a contingency account in specified circumstances.

(2) If there is a conflict or inconsistency between a regulation made under this

section and a regulation made by the Lieutenant Governor in Council under another provision of this Act, the regulation of the Lieutenant Governor in Council applies.

SECTION 85: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 41] adds additional

regulation making powers in relation to the compliance unit tracking

system.

Section 41 is amended

(

a) in paragraph (b) (ii) by adding " or transfer " after " retirement ", and

(

b) by adding the following paragraph:

(b.1) requiring account holders to report information relating to compliance units, derivatives of compliance units or the compliance unit tracking system and respecting to whom the reports are to be submitted and the timing, form, content and manner of submission of the reports; .

SECTION 86: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 42] adds additional

regulation making powers to require a notice of intent to impose an

administrative penalty as part of the process for imposing the penalty, and

makes amendments consequential to that requirement.

Section 42 is amended

(

a) in paragraph (

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

(iii) requiring the director to serve a person with a notice of intent to impose an administrative penalty and provide the person with an opportunity to be heard before sending an administrative penalty notice; ,

(

b) in paragraph (c) (vi) by striking out " prescribing whether an administrative penalty notice must be cancelled if the person on whom it was served demonstrates " and substituting " prohibiting the director from serving an administrative penalty notice on a person who has demonstrated ",

(

c) by repealing paragraph (

e) and substituting the following:

(

e) establishing procedures for providing a person on whom a notice of intent to impose an administrative penalty has been served with an opportunity to be heard, which may include opportunities that do not involve an oral hearing; , and

(

d) in paragraph (

g) by striking out " imposing additional administrative penalties; " and substituting " imposing additional administrative penalties under

section 19; ".

SECTION 87: [Greenhouse Gas Reduction (Cap and Trade) Act,

section 45]

adds additional regulation making powers in relation to validations and verifications under the Act;

clarifies that the regulations may require reports under the Act to be submitted to an administrative authority or a Canadian jurisdiction outside British Columbia.

Section 45 is amended

(

a) by renumbering the

section as

section 45 (1),

(

b) in subsection (1) by adding the following paragraphs:

(c.1) requiring validation of proposals referred to in

section 9 (2) (a) [emission reduction projects] ;

(c.2) respecting the conduct of validations and verifications under this Act;

(c.3) establishing requirements and standards respecting qualifications, accreditation, conflict of interest and other matters relating to persons who perform validations or verifications under this Act; , and

(

c) by adding the following subsection:

(2) Without limiting subsection (1) (a), regulations under that subsection may provide that reports under this Act are to be submitted to

(

a) the administrative authority,

(

b) Canada, another province or another jurisdiction in or outside Canada, or an agent of any of them, or

(

c) an organization referred to in

section 37 (2) (e) [information-sharing and other agreements] .

Part 7 – Forests and Range Amendments

Forest Act

SECTION 88: [Forest Act,

section 54] in the context of the disposition of an agreement,

requires the recipient of the agreement to assume obligations under a replaceable

contract.

Section 54 of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(

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

(d.1) in the case of a disposition of an agreement in relation to which the holder of the agreement has a replaceable contract with a contractor, all obligations of the holder of the agreement under the replaceable contract are assumed by the recipient of the agreement, , and

(

b) by adding the following subsection:

(3) In subsection (2) (d.1), "replaceable contract" and "contractor" have the same meaning as in

section 152.

Part 8 – Healthy Living and Sport Amendments

Tobacco Control Act

SECTION 89: [Tobacco Control Act,

section 2.4] authorizes the minister to exempt heritage

tobacconists from advertising requirements in the regulations.

Section 2.4 of the Tobacco Control Act, R.S.B.C. 1996, c. 451, is amended by renumbering the

section as

section 2.4 (1) and by adding the following subsection:

(2) Despite subsection (1), the minister may order an exemption from a provision of the regulations made in relation to this

section in respect of a person who retails tobacco from a building or structure that

(

a) is a protected heritage property within the meaning of the Local Government Act or of the Vancouver Charter , and

(

b) in the opinion of the minister, has a historic connection to the retail of tobacco.

Part 9 – Housing and Social Development Amendments

Gaming Control Act

SECTION 90: [Gaming Control Act,

section 1] repeals the definition of "certificate of affiliation"

and updates a cross-reference.

Section 1 (1) of the Gaming Control Act, S.B.C. 2002, c. 14, is amended

(

a) by repealing the definition of "certificate of affiliation" , and

(

b) in the definition of "gaming event licence" by striking out "

Part 4 " and substituting "

Part 5 ".

SECTION 91: [Gaming Control Act,

section 7] removes references to "horse racing" from

the provision that sets out the mandate of the British Columbia Lottery Corporation,

and clarifies that the corporation may enter specified agreements only

with registered gaming services providers.

Section 7 is amended

(

a) by repealing subsection (1) (b),

(

b) by repealing subsection (1) (

f) and substituting the following:

(

f) subject to subsection (1.1), may enter into agreements with registered gaming services providers for services required in the conduct, management or operation of provincial gaming, ,

(

c) in subsection (1) (

h) by striking out " and horse racing " and " or horse racing ", and

(

d) by adding the following subsection:

(1.1) An agreement described in subsection (1) (

f) must require the gaming service provider to provide the services referred to in subsection (1) (

f) under the control of the lottery corporation.

SECTION 92: [Gaming Control Act,

section 14] is consequential to proposed amendments

section 16 of the Act.

Section 14 (2) to (4) is repealed.

SECTION 93: [Gaming Control Act, Division 4 of

Part 2] renumbers Division 4 of

Part 2

[British Columbia Lottery Corporation] as

Part 2.1 [Horse Racing Betting

Fees] .

93 Division 4 of

Part 2 is renumbered as

Part 2.1 with the following heading:

Part 2.1 – Horse Racing Betting Fees .

SECTION 94: [Gaming Control Act,

section 16] makes horse racing betting fees payable to

the government instead of the lottery corporation and provides for the application

of that revenue.

Section 16 is amended

(

a) in subsection (1) by striking out " the lottery corporation " and substituting " the government ", and

(

b) by repealing subsection (2) and substituting the following:

(2) Despite the Financial Administration Act , in each fiscal year, the fees collected under this

section must be applied as follows, in order of priority:

(

a) firstly, by paying into the consolidated revenue fund an amount equal to the voted amount in the estimates for the regulation of horse racing by the branch;

(

b) secondly, by dividing between or among prescribed organizations, that the minister may recommend, in prescribed proportions, that may differ for different organizations, any balance of collected fees remaining after the payment under paragraph (a).

(3) Before recommending an organization to the Lieutenant Governor in Council for the purpose of subsection (2) (b), the minister must be satisfied that the organization's objectives include the improvement of horse racing, of the economic viability of horse racing or of both and that it is actively pursuing one or more of those objectives.

(4) It is a condition of a payment under subsection (2) (

b) to an organization prescribed for the purpose of subsection (2) (

b) that the organization spend the money solely for the improvement of horse racing, of the economic viability of horse racing in British Columbia or of both.

SECTION 95: [Gaming Control Act,

section 27]

provides a reference in

section 27 [responsibilities of the general manager] to the Gaming Policy and Enforcement Branch's responsibilities under

section 23 [exercise of powers in the public interest] ;

broadens the general manager's power to direct investigations.

Section 27 is amended

(

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

(1) The general manager is the head of the branch and is responsible, under the direction of the minister and with reference to the responsibility of the branch under

section 23, for the enforcement of this Act. , and

(

b) by repealing subsection (3) (

a) and substituting the following:

(

a) direct that the branch conduct an investigation respecting

(

i) the integrity of lottery schemes or horse racing, or

(ii) the conduct, management, operation or presentation of lottery schemes or horse racing, .

SECTION 96: [Gaming Control Act,

section 28] extends the scope of directives that the general

manager may issue to the British Columbia Lottery Corporation and the

Gaming Policy and Enforcement Branch as to the carrying out of responsibilities

under the Act.

Section 28 (1) is amended

(

a) in paragraph (

a) by striking out " at a gaming facility, " and substituting " at a gaming facility or in relation to provincial gaming, ",

(

b) in paragraph (

e) by striking out " at a gaming facility or a gaming event ",

(

c) by repealing paragraph (

f) and substituting the following:

(

f) respecting standards for security and surveillance

(

i) at gaming facilities or gaming premises or classes of gaming facilities or gaming premises, or

(ii) in relation to gaming operations or classes of gaming operations, ,

(

d) by repealing paragraph (j) (ii) is repealed and the following substituted:

(ii) may be retained by or paid to a gaming services provider in connection with the conduct, management, operation or presentation of lottery schemes, , and

(

e) in paragraph (

k) by striking out " at gaming facilities ".

SECTION 97: [Gaming Control Act,

section 40] extends the scope of rules that the general

manager may make respecting security and surveillance in relation to licensed

gaming.

Section 40 (1) is repealed and the following substituted:

(1) The general manager may make rules for the purposes of this Part respecting security and surveillance

(

a) at gaming facilities or gaming premises or classes of gaming facilities or gaming premises, or

(

b) in relation to gaming operations or classes of gaming operations.

SECTION 98: [Gaming Control Act, sections 41 and 42] repeals provisions respecting certificates

of affiliation.

98 Sections 41 (4) and (5) and 42 are repealed.

SECTION 99: [Gaming Control Act,

section 54] authorizes the making of regulations to provide

refunds of specified fees in specified circumstances.

Section 54 (2) is amended by adding the following paragraph:

(g.1) if a fee is imposed under paragraph (

g) for requesting an internal review of a decision referred to in

section 25 (4) in relation to a horse racing licence or any other decision of the general manager under this Part, providing for a refund of that fee if, on completion of the review, the person requesting the review obtains a decision that is

(

i) different than the decision reviewed, and

(ii) consistent with the decision sought by the person who requested the review; .

SECTION 100: [Gaming Control Act,

section 62] references the potential for regulations

under the proposed

section 105 (1) (d.1) to exempt from the requirement to

pay the fee under

section 62 of the Act.

Section 62 (1) (

c) is repealed and the following substituted:

(

c) at the time of the application, the prescribed application fee, unless exempted from this requirement by regulation under

section 105 (1) (d.1), and .

SECTION 101: [Gaming Control Act,

section 69] allows the general manager to make specified

registration decisions in respect of a particular gaming premise.

Section 69 (1) is repealed and the following substituted:

(1) For any of the reasons under

section 68, the general manager may

(

a) issue a warning to a registrant, or

(

b) do any of the following in relation to one or more gaming premises of a registrant:

(

i) cancel the registrant's registration or suspend it for a period of time;

(ii) impose new conditions on the registrant's registration or vary existing conditions of that registration.

SECTION 102: [Gaming Control Act,

section 74] repeals the definition of "gaming equipment".

Section 74 is repealed.

SECTION 103: [Gaming Control Act,

section 75] replaces references to "gaming equipment"

with references to "gaming supplies", a more expansive term that is defined in

section 1 of the Act.

Section 75 is amended

(

a) by striking out " gaming equipment " wherever it appears and substituting " gaming supplies ", and

(

b) in subsection (2) (

a) by striking out " has " in both places and substituting " have ".

SECTION 104: [Gaming Control Act,

section 78] clarifies the power of the general manager

and an inspector to conduct audits and extends their audit and inspection powers

in relation to the British Columbia Lottery Corporation.

Section 78 (2) is repealed and the following substituted:

(2) The general manager or an inspector may conduct inspections and audits for the purposes of

(

a) assessing applications for licences, grants under

Part 6 or registration, as the case may be,

(

b) monitoring compliance of licensees, eligible organizations and registrants with this Act, the regulations, the rules and the conditions of licences and registration, and

(

c) monitoring compliance of the lottery corporation with this Act and the regulations.

SECTION 105: [Gaming Control Act,

section 79]

is consequential to proposed amendments to

section 78 of the Act, and

broadens the scope of an inspector's inspection and audit powers.

Section 79 is amended

(

a) in subsection (1) by striking out "

section 78 (2) (b), " and substituting "

section 78 (2) (

b) and (c), ", and

(

b) by repealing subsection (1) (

a) and substituting the following:

(

a) enter and inspect or audit gaming facilities, gaming premises and any gaming operation, .

SECTION 106: [Gaming Control Act,

section 81] removes an unnecessary reference to

"administration" of the Act.

Section 81 (2) is amended by striking out " administration and ".

SECTION 107: [Gaming Control Act,

section 82] is consequential to proposed amendments

section 78 of the Act.

Section 82 (1) and (2) is amended by striking out "

section 78 (2) (b) " and substituting "

section 78 (2) (

b) or (c) ".

SECTION 108: [Gaming Control Act,

section 86] requires specified persons to provide the

general manager with information, records and things that the general manager

considers relevant to an investigation or investigative audit, and adjusts the

reporting obligation imposed on specified persons.

Section 86 is repealed and the following substituted:

Information to be provided to the general manager

(1) On request of the general manager and within the time period specified by the general manager in the request, the lottery corporation, a registrant, a licensee and an eligible organization must provide to the general manager any information, records or things that the general manager considers relevant to an investigation or an investigative audit under this Act.

(2) The lottery corporation, a registrant and a licensee must notify the general manager immediately about any conduct, activity or incident occurring in connection with a lottery scheme or horse racing, if the conduct, activity or incident involves or involved

(

a) the commission of an offence under a provision of the Criminal Code that is relevant to a lottery scheme or horse racing, or

(

b) the commission of an offence under this Act.

SECTION 109: [Gaming Control Act,

section 92] clarifies the lottery corporation's right to

forbid particular persons from entering gaming facilities.

Section 92 is amended by striking out " is undesirable, " and substituting " is undesirable or that the person on the premises is a participant in a voluntary self-exclusion program, ".

SECTION 110: [Gaming Control Act,

section 93] disentitles participants in a voluntary self-

exclusion program to any monetary prize or winnings if they participate in

gaming at a gaming facility contrary to written notice delivered under

section 92 (

b) of the Act.

Section 93 is amended by adding the following subsection:

(3) A person is not entitled to any prize or winnings as a result of the person's participation in gaming at a gaming facility if written notice referred to in

section 92 (

b) has been delivered to the person in accordance with

section 92 (b).

SECTION 111: [Gaming Control Act,

section 97] makes it an offence for a registrant, a licensee

or an eligible organization to contravene

section 86 [information to be

provided to the general manager] .

Section 97 is amended by adding the following subsection:

(2.1) A registrant, a licensee or an eligible organization who contravenes

section 86 (1) or (2) commits an offence.

SECTION 112: [Gaming Control Act,

section 98] provides the penalty for contravention of

section 86 [information to be provided to the general manager] .

Section 98 (2) is amended by striking out "

section 97 (2) (

b) or (c) " and substituting "

section 97 (2) (

b) or (

c) or (2.1) ".

SECTION 113: [Gaming Control Act,

section 105]

clarifies that the regulation making powers under

section 105 (1) (

c) are in relation to licences under

Part 5,

clarifies that the regulation making powers under

section 105 (1) (

d) are in relation to registration under

Part 8,

authorizes the making of regulations to exempt specified applicants from application fees, to impose specified fees and to provide refunds for those fees,

is consequential to the proposed amendments to

section 16 of the Act, and

is consequential to the proposed amendment to Division 4 of

Part 2 of the Act.

Section 105 (1) is amended

(

a) in paragraph (

c) by striking out " for licences or for applications for licences, " and substituting " for gaming event licences or for applications for gaming event licences, ",

(

b) in paragraph (

d) by striking out " for registrations or for applications for registrations, " and substituting " for registrations under

Part 8 or for applications for those registrations, ",

(

c) by adding the following:

(d.1) exempting an applicant for a class of registration from the requirement of

section 62 (1) (c);

(

v) imposing a fee for requesting an internal review of a decision referred to in

section 25 (4) in relation to a licence, registration or application referred to in subsection (1) (

c) and (

d) of subsection (1) of this section;

(

w) providing for a refund of a fee imposed under paragraph (

v) if, on completion of the review, the person requesting the review obtains a decision that is

(

i) different than the decision reviewed, and

(ii) consistent with the decision sought by the person who requested the review. ,

(

d) in paragraph (

q) by striking out "

section 14 (2) (c); " and substituting "

section 16 (2) (b); ", and

(

e) in paragraph (

s) by striking out " Division 4 of

Part 2 " and substituting "

Part 2.1 ".

Liquor Control and Licensing Act

SECTION 114: [Liquor Control and Licensing Act,

section 1] amends the

definitions of

"agent" and "liquor store", repeals the

definitions of "agency store" and

"officer" and adds a definition of "employee".

Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended

(

a) by repealing the definition of "agency store" ,

(

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

"agent" means, for the purposes of

section 52,

(

a) a liquor manufacturer representing itself as agent,

(

b) a person hired by a liquor manufacturer to represent the manufacturer as agent, or

(

c) a person who represents a manufacturer who manufactures liquor outside British Columbia; ,

(

c) by adding the following definition:

"employee" means an employee of the branch appointed under

section 4; ,

(

d) by repealing the definition of "liquor store" and substituting the following:

"liquor store" means a government liquor store, government beer store or government wine store; , and

(

e) by repealing the definition of "officer" .

SECTION 115: [Liquor Control and Licensing Act,

section 2] allows prescribed classes of

licensees to sell liquor.

Section 2 (2) is amended by striking out " from the Liquor Distribution Branch " and substituting " from the Liquor Distribution Branch, or from a licensee who holds a prescribed class or category of licence, ".

SECTION 116: [Liquor Control and Licensing Act,

section 4] makes amendments consequential

to the repeal of the definition of "officer" and the addition of the definition

of "employee".

Section 4 is amended

(

a) in subsection (1) by striking out " Officers and other employees required for the purposes of this Act " and substituting " Employees required for the purposes of this Act ", and

(

b) in subsection (2) by striking out " officers " and substituting " employees ".

SECTION 117: [Liquor Control and Licensing Act,

section 6] makes an amendment consequential

to the addition of the definition of "employee".

Section 6 (

f) is amended by striking out " officials " and substituting " employees ".

SECTION 118: [Liquor Control and Licensing Act,

section 7] makes changes in relation to

special occasion licences:

adds a discretion to issue a special occasion licence;

allows the general manager to consider whether the applicant is a fit and proper person;

allows the refusal to issue a special occasion licence and cancellation of the licence for reasons set out in the provision;

gives the general manager authority to determine how frequently a licence may be issued to an applicant or in respect of a location;

allows enforcement provisions of the Act to be used in relation to special occasion licensees and individuals who once held a special occasion licence, provided that, in the latter case, the general manager takes prompt enforcement action.

Section 7 is amended

(

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

(1) On application in the form established by the general manager, the general manager, a store manager or a licensee who holds a prescribed class or category of licence may, on payment of the prescribed fee by the applicant, and subject to the regulations, if any, issue a special occasion licence entitling the applicant to sell or serve liquor

(

a) at a designated establishment for a special occasion, the purpose of which is named in the licence, and

(

b) in subsection (3) by striking out " to a store manager or other employee " and substituting " to a class of persons ", and

(

c) by adding the following subsections:

(3.1) In deciding whether to issue a licence under this section, the general manager may consider whether the applicant is a fit and proper person.

(3.2) If the general manager considers whether the applicant is fit and proper for the purposes of subsection (3.1),

section 16 (2) and (2.2) applies.

(3.3) The general manager may refuse to issue a licence under this

section if, at the time of the application, a fine, monetary penalty or suspension has been imposed under this Act on the applicant and,

(

a) in the case of a fine, the fine has become payable under the Offence Act , and has not been fully paid,

(

b) in the case of a monetary penalty,

(

i) the monetary penalty has become payable,

(ii) the time period for payment of the monetary penalty has expired, and

(iii) the monetary penalty has not been fully paid, or

(

c) in the case of a suspension, the suspension has taken effect and has not been fully served.

(3.4) A store manager or licensee referred to in subsection (1) must, on the direction of the general manager, refuse to issue a licence under this section.

(3.5) The general manager may determine the days and hours a licence under this

section may be in effect and how frequently a licence may be issued to an applicant or in respect of an establishment.

(4.1) The general manager or a peace officer may cancel a licence issued under this

section if, in the general manager's opinion or in the opinion of the peace officer,

(

a) the circumstances on the basis of which the licence was applied for and issued have changed so that they no longer meet the requirements of this Act or the regulations for issuance of the licence, or

(

b) the circumstances on the basis of which the licence was issued did not exist at the time the licence was issued or the licence was otherwise issued in error.

(9) Section 20, except

section 20 (1) (

c) and (

d) and (2) (f), applies to

(

a) an applicant to whom a licence under this

section is issued entitling the applicant to sell or serve liquor, and

(

b) a person referred to in paragraph (

a) following the expiry of the special occasion licence, provided that the general manager commences enforce