British Columbia Bill 24 (Government) — 3rd Parliament, 41st Session — Previous Version 3

3-41 Gov Bill 24-3

British Columbia — Bills

2018 Legislative Session: 3rd Session, 41st Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 26th day of April, 2018

Craig James, Clerk of the House

HONOURABLE DAVID R. P. EBY

ATTORNEY GENERAL

BILL 24 – 2018

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 2), 2018

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

Part 1 – Advanced Education, Skills and

Training Amendment

College and Institute Act

Section 50 (2) of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended by striking out " and the Minister of Finance ".

Part 2 – Attorney General Amendments

Infants Act

Section 16 of the Infants Act, R.S.B.C. 1996, c. 223, is amended

(

a) in subsection (1) by striking out " On termination of " and substituting " Subject to subsection (3), on termination of ", and

(

b) by adding the following subsection:

(3) If a ward

(

a) who was, until reaching 19 years of age, in the continuing custody of the director under the Child, Family and Community Service Act and had the Public Guardian and Trustee acting as property guardian, or

(

b) who was, until reaching 19 years of age, under the property guardianship of the Public Guardian and Trustee under

section 51 of the Infants Act ,

reaches 19 years of age and enters into an agreement with the Public Guardian and Trustee under

section 6 (b) (

v) of the Public Guardian and Trustee Act , subsection (1) does not apply until the earlier of the following:

(

c) the date the former ward terminates that agreement;

(

d) the date the former ward reaches 27 years of age.

Liquor Control and Licensing Act

Section 15 (2) (

b) of the Liquor Control and Licensing Act, S.B.C. 2015, c. 19, is repealed and the following substituted:

(

b) minors entering and being in an establishment or a service area and the employment of minors in an establishment or a service area; .

Section 26 (2) (

b) is repealed and the following substituted:

(

b) minors entering and being at an event site or in a service area and the employment of minors at an event site or in a service area; .

Section 31 (2) (

b) is repealed and the following substituted:

(

b) minors entering and being at an event site or in a service area and the employment of minors at an event site or in a service area; .

Section 49 (2) is repealed and the following substituted:

(

a) suspend all or part of the licensee's licence until the information or record is provided or reported or the fees are paid, or

(

b) cancel the licensee's licence.

Section 55 (1) is amended by striking out " or permittee's permit ".

Section 79 is repealed and the following substituted:

Minors in establishment, event site, service area or liquor store

(1) A licensee or permittee, an employee of a licensee or permittee, or a person who sells liquor in a liquor store must not allow a minor to enter or be in or at an establishment, service area, event site or liquor store if it is prohibited

(

b) by the regulations.

(2) A licensee or permittee must not employ a minor in or at an establishment, service area or event site except as provided

(

b) by the regulations.

(3) A person does not contravene subsection (1) or (2) if the person, in reaching the conclusion that another person is not a minor,

(

a) requires that the other person produce prescribed identification, and

(

b) examines the identification and has reason to believe it is authentic.

Liquor Distribution Act

Section 1 of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended in the definition of "authorized vendor" by adding the following paragraph:

(c.2) a person to whom a special event permit is issued under the Liquor Control and Licensing Act , .

Property Law Act

Section 34 of the Property Law Act, R.S.B.C. 1996, c. 377, is amended

(

a) in subsection (1) by striking out " The owner of a dwelling house on one parcel of land " and substituting " The owner of a parcel of land on which there is a building, structure, improvement or work ",

(

b) by repealing subsection (1) (

a) and substituting the following:

(

a) the building, structure, improvement or work is so close to the boundary of the adjoining land that repair or work on the part of the building, structure, improvement or work that adjoins the boundary cannot be carried out without entering the adjoining land, and , and

(

c) by repealing subsection (2) (

b) and substituting the following:

(

b) that the owner who obtains the order must compensate the adjoining owner for damage caused, in the course of carrying out repair or work under the order, by the owner who obtains the order, or by anyone employed or engaged by or on behalf of the owner who obtains the order, in an amount to be determined by the court if the owners cannot agree; .

Public Guardian and Trustee Act

11 The Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by adding the following section:

Use of trust money for young adult's benefit

7.1 If acting as trustee under

section 6 (b) (

v) for an adult

(

a) who has not yet reached 27 years of age, and

(

b) who, until reaching 19 years of age,

(

i) was in the continuing custody of the director under the Child, Family and Community Service Act and had the Public Guardian and Trustee acting as property guardian, or

(ii) was under the property guardianship of the Public Guardian and Trustee under

section 51 of the Infants Act ,

the Public Guardian and Trustee may, during the term of the trusteeship, authorize payment of all or part of the trust money for the maintenance, education or benefit of the adult.

Part 3 – Citizens' Services Amendment

Procurement Services Act

Section 5 (

a) of the Procurement Services Act, S.B.C. 2003, c. 22, is amended by striking out " to a person employed in the government or in a government organization, " and substituting " to any person, ".

Part 4 – Finance Amendments

Business Corporations Act

Section 205 of the Business Corporations Act, S.B.C. 2002, c. 57, is amended

(

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

a) and by repealing paragraph (b), and

(

b) in paragraph (c) (

i) by striking out " or (b) ".

14 Division 4 of

Part 7 is repealed.

Cooperative Association Act

Section 110 (1) of the Cooperative Association Act, S.B.C. 1999, c. 28, is amended

(

a) by repealing paragraph (b), and

(

b) in paragraphs (c) (ii) and (d) (

i) by striking out " or (b) ".

Credit Union Incorporation Act

Section 39.51 of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is repealed and the following substituted:

Qualifications

39.51 The auditor of a credit union must be a person who is a member of, or a partnership whose partners are members of, a provincial or territorial institute or ordre of chartered accountants, or a provincial or territorial organization of chartered professional accountants, within Canada.

Financial Institutions Act

Section 118 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended

(

a) in paragraph (

f) by striking out " , and ", and

(

b) by repealing paragraph (h).

Societies Act

Section 11 (4) of the Societies Act, S.B.C. 2015, c. 18, is repealed and the following substituted:

(4) If the bylaws of a society provide for a higher voting threshold than the threshold set out in the definition of "special resolution" in

section 1 [definitions] to effect any action that, under this Act, requires authorization by special resolution, the provisions of the bylaws prevail if they

(

a) set out the higher voting threshold as a fraction or percentage of the votes cast or as a specific number of votes,

(

b) establish the higher voting threshold by requiring a unanimous decision of all the voting members, or

(

c) set out a formula for calculating the higher voting threshold.

(5) For certainty, an action referred to in subsection (4) includes altering all or part of one or more provisions of a society's constitution or bylaws.

(6) Despite subsection (4), a society must not have a bylaw that provides for a higher voting threshold to remove a director from office under

section 50 (1) (a) [removal of directors] .

Section 20 (1) (

i) and (2) (a) (ii) is amended by striking out " passed at the meeting; " and substituting " voted on at the meeting; ".

Section 107 is amended

(

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

(1.1) If, on the application of a person referred to in subsection (1), it appears to the registrar that a society has, contrary to

section 24, 25, 27 or 28, failed to provide the applicant with access to, or a copy of, a record, the registrar may furnish a written notice to the society that the registrar will issue an order under subsection (2) of this

section unless the society provides to the registrar within 15 days after the date on which the notice is furnished whichever of the following the society chooses to provide:

(

a) a copy of the record;

(

b) a signed statement of a director or senior manager of the society that sets out the reason why access to, or a copy of, the record is not being provided to the applicant.

(1.2) The registrar must

(

a) set out in a notice under subsection (1.1) an explanation of the basis on which the applicant claims to be entitled to obtain access to, or a copy of, the record, and

(

b) furnish a copy of the notice to the applicant.

(2) If a society referred to in a notice under subsection (1.1) does not provide to the registrar, in accordance with the notice, a copy of the record or a signed statement of a director or senior manager, the registrar must order the society to provide to the registrar whichever of the following the society chooses to provide:

(

a) a copy of the record referred to in subsection (1.1) (a);

(

b) a signed statement referred to in subsection (1.1) (b). ,

(

b) in subsection (4) by striking out " 15 days " and substituting " 10 days ",

(

c) in subsection (5) by striking out " under subsection (2) (a) " and substituting " under subsection (1.1) (

a) or (2) (a) ", and

(

d) in subsection (6) by striking out " under subsection (2) (b) " and substituting " under subsection (1.1) (

b) or (2) (b) ".

Section 112 is repealed and the following substituted:

Persons qualified to act as auditor

112 A person is qualified to act as an auditor of a society only if the person is a member of, or is a partnership whose partners are members of, a provincial or territorial institute or ordre of chartered accountants, or a provincial or territorial organization of chartered professional accountants, within Canada.

Section 161 is amended by adding the following subsection:

(2.1) Subsection (2) does not apply to the restoration of a society if

(

a) the society was dissolved under

section 214 [involuntary dissolution by registrar] for one or more of the reasons set out in

section 214 (1) (

a) to (d), and for no other reason under that section, and

(

b) the application for restoration is filed no later than one year after the date of dissolution.

23 The following

section is added:

References to special resolutions

232.1 A reference in this Act to a special resolution includes a special resolution, as defined in

section 1 of the former Act, passed or consented to, as the case may be, before November 28, 2016.

24 The following

section is added to Division 4 of

Part 16:

Timing of special resolution authorizing alteration to

previously unalterable provision or reporting society provision in bylaws

241.1 A pre-existing society must not submit to the registrar for filing a bylaw alteration application under

section 17 [alterations to bylaws] in relation to a provision that, under

section 240 (2) (b) (iii), is identified in the bylaws of the society as having previously been unalterable or that is a reporting society provision referred to in

section 240 (2) (b) (iv), unless the special resolution referred to in

section 17 (2) authorizing the alteration is passed or consented to, as the case may be, after the society has filed the society's transition application under

section 240.

Transitional Provisions

Societies Act transition – registrar may order access or copies

(1) Subject to subsection (2),

section 107 of the Societies Act , as amended by this Act, applies in relation to an application made to the registrar under

section 107 (1) of the Societies Act before the date on which

section 20 of this Act comes into force.

(2) Section 107 of the Societies Act , as it read immediately before the date on which

section 20 of this Act comes into force, applies in relation to an application referred to in subsection (1) of this

section if the registrar has, before that date, made an order under

section 107 (2) of the Societies Act in relation to the application.

Societies Act transition – restoration by registrar

Section 161 (2.1) of the Societies Act , as enacted by this Act, applies in relation to a restoration application filed with the registrar under

section 160 of the Societies Act before the date on which

section 22 of this Act comes into force.

Consequential Amendments

Business Practices and Consumer Protection Authority Act

Section 28 (1) of the Business Practices and Consumer Protection Authority Act, S.B.C. 2004, c. 3, is amended by striking out " or (b) ".

Freedom of Information and Protection of Privacy Act

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

Public Body:

Auditor Certification Board

Head:

Minister of Finance .

Land Title and Survey Authority Act

Section 36 (1) of the Land Title and Survey Authority Act, S.B.C. 2004, c. 66, is amended by striking out " or (b) ".

Safety Authority Act

Section 30 (1) of the Safety Authority Act, S.B.C. 2003, c. 38, is amended by striking out " or (b) ".

Part 5 – Forests, Lands, Natural Resource Operations

and Rural Development Amendments

Riparian Areas Protection Act

Section 13 (2) of the Riparian Areas Protection Act, S.B.C. 1997, c. 21, is amended

(

a) in paragraph (

e) by adding " methods and " before " criteria " and by striking out " including methods of assessment ",

(

b) by adding the following paragraph:

(e.1) establishing methods and criteria under paragraph (

e) by reference to a technical manual published under

section 13.1 if the reference is for the purpose of providing that

(

i) a study, assessment, report or opinion is to be performed, made or provided in accordance with the manual, and

(ii) the minister may refuse to accept a study, assessment, report or opinion that is not performed, made or provided in accordance with the manual or is not complete; , and

(

c) in paragraph (

f) by adding " methods and " before " criteria ".

32 The following

section is added:

Technical manuals

13.1

(1) The minister may publish technical manuals for the purposes of

section 13 (2) (e.1).

(2) Manuals under subsection (1) must be published in a manner that can reasonably be expected to bring the manuals to the attention of

(

a) local governments, and

(

b) persons engaged to perform the studies or assessments, make the reports or provide the opinions referred to in

section 13 (2) (d).

Part 6 – Municipal Affairs and Housing Amendments

Capital Region Water Supply and Sooke Hills Protection Act

Section 2 (3) and (6) of the Capital Region Water Supply and Sooke Hills Protection Act, S.B.C. 1997, c. 5, is amended by striking out " approved by the minister " and substituting " approved by the inspector of municipalities ".

Section 3 is amended

(

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

(3) The bylaw under subsection (2) has no effect unless it is approved by the inspector of municipalities and for that purpose

section 257 (3) of the Municipal Act applies. , and

(

b) in subsection (6) by striking out " approved by the minister " and substituting " approved by the inspector of municipalities ".

Islands Trust Act

Section 1 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended

(

a) by adding the following definition:

"Islands Trust Conservancy" means the board of trustees referred to in

section 40 (1); , and

(

b) by repealing the definition of "trust fund board" .

36 The heading to

Part 6 is repealed and the following substituted:

Part 6 – Islands Trust Conservancy .

Local Government Act

Section 434 of the Local Government Act, S.B.C. 2015, c. 1, is amended by adding the following subsection:

(3.1) The minister may make regulations respecting the procedure to be used for hearings under subsection (3).

Section 563 is amended

(

a) in subsection (1) by striking out " means development " and substituting " means a development ", and

(

b) in subsection (2) by striking out " subsection (4) " and substituting " subsection (6) ".

Section 644 (2) (b) (ii) is amended by striking out " fueled " and substituting " fuelled ".

The Cultus Lake Park Act

Section 2 of The Cultus Lake Park Act, S.B.C. 1932, c. 63, is repealed and the following substituted:

Definitions

2 In this Act:

"Board" means the Cultus Lake Park Board;

"leaseholder" means a person who holds a lease for a building site for private or public use in the Park for a period not exceeding 21 years;

"Park" means Cultus Lake Park, comprising the following lands and premises: Fractional part of Legal Subdivisions 11, 13, and 14 of

Section 25, and Legal Subdivisions 3 and 4 of

Section 36, Township 22, east of the Coast meridian together with any lands that may at any time be added thereto or set apart for the purpose of being administered as part of Cultus Lake Park.

Section 6 is amended by adding the following paragraph:

(

d) Despite

section 41 (4) (

d) of the School Act , a leaseholder is a registered owner of real property for the purpose of non-resident property electors registering to vote in an election of the Cultus Lake representatives.

42 The following

section is added:

Other elections and voting

(1) Despite

section 66 (4) (

d) of the Local Government Act , a leaseholder is a registered owner of real property for the purpose of non-resident property electors registering to vote

(

a) in an election for electoral area director under

Part 3 of the Local Government Act , and

(

b) in assent voting within the meaning of

Part 4 of the Local Government Act .

(2) Despite

section 41 (4) (

d) of the School Act , a leaseholder is a registered owner of real property for the purpose of non-resident property electors registering to vote in an election for school trustees.

Vancouver Charter

Section 2. of the Vancouver Charter, S.B.C. 1953, c. 55, is amended in the definition of "other administrative body" by striking out " and the Board of Police Commissioners ".

Section 165.7 (

h) is amended by striking out " , other than the Board of Police Commissioners ".

Section 206C. is repealed and the following substituted:

206C. The Council may, subject to the approval of the Lieutenant-Governor in Council, by by-law, provide for a pension for any member of Council.

Section 206D. is repealed.

Section 306. (1) (bb) (ii) is amended by striking out " license " and substituting " licence ".

Section 523D. (10) (

a) is amended by striking out "

section 396 (c) (iv), " and substituting "

section 396 (1) (c) (iv), ".

Transitional Provisions

Transition – Islands Trust Conservancy

(1) In this section:

"Islands Trust Conservancy" means the Islands Trust Conservancy as defined in

section 1 of the Islands Trust Act ;

"trust fund board" means the trust fund board as defined in

section 1 of the Islands Trust Act as it read immediately before the date this

section comes into force.

(2) The board of trustees previously referred to as the trust fund board is continued as a board of trustees with the name Islands Trust Conservancy.

(3) A person who is a member of the trust fund board on the date this

section comes into force continues as a member of the Islands Trust Conservancy.

(4) A reference to the trust fund board in any commercial paper, lease, licence, permit or other contract, instrument or document is deemed to be a reference to the Islands Trust Conservancy.

Consequential and Related Amendments

Library Act

Section 5 (3) of the Library Act, R.S.B.C. 1996, c. 264, is amended by striking out " December " and substituting " November ".

Section 17 (2) is amended by striking out " December " and substituting " November ".

Ombudsperson Act

52 Item 11 of the

Schedule to the Ombudsperson Act, R.S.B.C. 1996, c. 340, is amended by striking out " Trust Fund Board " and substituting " Islands Trust Conservancy ".

Schedules to this Act

53 The Acts listed in Column 1 of

Schedule 1 are amended in the provisions listed opposite them in Column 2 by striking out " Greater Vancouver Regional District " wherever it appears and substituting " Metro Vancouver Regional District ".

54 The Acts listed in Column 1 of

Schedule 2 are amended in the provisions listed opposite them in Column 2 by striking out " trust fund board " wherever it appears and substituting " Islands Trust Conservancy ".

Commencement

55 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent