British Columbia Bill 22 (Government) — 4th Parliament, 37th Session — Previous Version 1
4-37 Gov Bill 22-1
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2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
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HONOURABLE GEORGE ABBOTT
MINISTER OF COMMUNITY, ABORIGINAL
AND WOMEN'S SERVICES
BILL 22 – 2003
COMMUNITY, ABORIGINAL AND WOMEN'S SERVICES STATUTES AMENDMENT ACT, 2003
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Cemetery and Funeral Services Act
Section 66 (8) of the Cemetery and Funeral Services Act, R.S.B.C.
1996, c. 45, is repealed.
Section 127.1 (4) as consolidated in
section 1 of the Supplement
to the Cemetery and Funeral Services Act is repealed and the following substituted:
(4) The money retained under subsection (3) must be paid annually, as prescribed, to the municipality where the land is located.
Financial Information Act
Schedule 1 of the Financial Information Act, R.S.B.C. 1996,
c. 140, is amended by striking out " Heritage Conservation Act " .
First Peoples' Heritage, Language and Culture Act
4 The
preamble to the First Peoples' Heritage, Language
and Culture Act, R.S.B.C. 1996, c. 147, is amended by repealing paragraphs (
a) and (
b) and substituting the following:
(
a) preserve, restore and enhance First Nations heritage, language and culture,
(
b) increase understanding and sharing of knowledge,
within both the First Nations and non-First Nations communities, and .
Section 2 (3) is amended by striking out "Lieutenant
Governor in Council" and substituting "minister" .
Section 3 is amended
(
a) by repealing subsection (2) and substituting the following:
(2) The corporation consists of a board of the following members:
(a) 3 voting members appointed by the minister;
(
b) no more than 9 First Nations voting members appointed by the minister from a list of persons recommended under
section 2 (7);
(
c) a non-voting member appointed by the minister on
the recommendation of the board for the purpose of providing additional historical,
cultural or community perspective. ,
(
b) in subsection (4) by striking out "4 consecutive years."
and substituting "3 terms." ,
(
c) in subsection (5) by striking out "Lieutenant Governor in
Council" and substituting "minister" , and
(
d) in subsection (7) by striking out "Lieutenant Governor in
Council" and substituting "board" .
7 Sections 6 (1) (a), (
c) and (
d) and 9 (1) are amended
by striking out "Native" wherever it appears and substituting
"First Nations" .
8 Sections 6 (3) and 7 are amended by striking out "Minister
of Finance and Corporate Relations" and substituting "Minister
of Finance" .
Section 8 is amended
(
a) in subsection (3) by striking out "Minister of Finance and
Corporate Relations" and substituting "Minister of Finance" ,
(
b) by repealing subsection (4) and substituting the following:
(4) At least once in every fiscal year, the corporation
must prepare audited financial statements for the preceding fiscal year.
(
c) in subsection (6) by striking out "a financial statement"
and substituting "an audited financial statement" ,
(
d) in subsections (7), (10) and (11) by adding "audited"
before "financial" , and
(
e) by repealing subsection (8) and substituting the following:
(8) The Financial Information Act and the Budget Transparency and Accountability Act apply to the corporation.
Freedom of Information and Protection of Privacy Act
Schedule 2 of the Freedom of Information and Protection of
Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:
Public Body:
British Columbia Heritage Trust
Head:
Chair .
Heritage Conservation Act
Section 1 of the Heritage Conservation Act, R.S.B.C. 1996,
c. 187, is amended by repealing the
definitions of "board" and
"Heritage Trust" .
Section 4 (3) is amended by striking out "or 28 (1)
(b)" .
Part 3 is repealed.
Section 35 (2) is amended by striking out "the Heritage
Trust, a director, officer or employee of the Heritage Trust," and "or
the board of directors of the Heritage Trust" .
Local Government Act
Section 899 of the Local Government Act, R.S.B.C. 1996, c.
323, is amended
(
a) in subsection (2) by striking out "one person appointed
by the council, one person appointed by the minister and one person appointed
by the other 2 appointees." and substituting "3 persons
appointed by the council." ,
(
b) in subsection (3) by striking out "2 persons appointed by
the council, 2 persons appointed by the minister and one person appointed by
the other 4 appointees." and substituting "5 persons appointed
by the council." ,
(
c) in subsection (5) by striking out "one person appointed
by the board, one person appointed by the minister and one person appointed
by the other 2 appointees." and substituting "3 persons
appointed by the board." ,
(
d) by adding the following subsections:
(5.1) Two or more local governments may satisfy the obligation under subsection (1) by jointly establishing a board of variance by bylaw adopted by all participating local governments.
(5.2) The bylaw in subsection (5.1) must
(
a) specify the area of jurisdiction for the board of variance, which may be all or part of the participating local governments, but must not overlap with the area of jurisdiction of any other board of variance, and
(
b) establish rules for
(
i) appointment and removal of members of the board of variance, and
(ii) appointment and removal of a chair of the board of variance,
which apply in place of those established by this
section and
section 900.
(5.3) As an exception to subsections (2) to (5) in relation to a board of variance established under subsection (5.1),
(
a) if a municipality is one of the participating local governments, the board of variance is to consist of
(i) 3 persons, if the population of the area of the jurisdiction of the board of variance is 25 000 or less, or
(ii) 5 persons, if the population of the area of the jurisdiction of the board of variance is more than 25 000, and
(
b) if a municipality is not one of the participating
local governments, a board of variance is to consist of 3 persons. ,
(
e) in subsection (6) by striking out "An appointment under
subsections (2) to (5)" and substituting "Subject to subsection
(9) and to the rules established under subsection (5.2) (b) (i), an appointment
to a board of variance" ,
(
f) in subsection (9) by striking out "remove its appointee"
and substituting "rescind an appointment to a board of variance" ,
and
(
g) by repealing subsection (10).
Section 933 (12) is repealed and the following substituted:
(12) As an exception to subsection (11), a local government may provide assistance by waiving or reducing a charge under this
section for not for profit rental housing, including supportive living housing.
(13) The minister may make regulations defining what constitutes not for profit supportive living housing for the purposes of subsection (12).
Municipalities Enabling and Validating Act (No. 3)
17 The Municipalities Enabling and Validating Act (No. 3), S.B.C.
2001, c. 44, is amended by adding the following Part:
Part 3 – 2003
Sunshine Coast Regional District: industrial park development service validation
(1) Despite the Local Government Act
but subject to this section, the Sunshine Coast Regional District had and
continues to have the authority to provide the service authorized by
section
1 [development of land for commercial or industrial use] of the
Sunshine Coast Regional District Regulation, B.C. Reg. 418/89, as if it had
adopted an establishing bylaw for the service.
(2) The authority to continue providing the service referred to in subsection (1) ends one year after the date on which this
section comes into force unless the regional district has adopted an establishing bylaw for the service before that date.
(3) Division 4.1 [Establishing Bylaws] of
Part
24 of the Local Government Act applies to the establishing bylaw required
by subsection (2), with the exception that the bylaw may be adopted with the
approval of the inspector of municipalities but without the approval of the
electors in the participating areas for the service.
(4) All resolutions, bylaws and actions of the regional district in relation to the service referred to in subsection (1) are conclusively deemed to have been validly adopted or taken as of the date that they were adopted or taken, to the extent they would have been valid had this
section been in force on the date they were adopted or taken.
(5) This
section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
NWBC Timber and Pulp Limited restructure plan
(1) In this section:
"NWBC" means NWBC Timber and Pulp Limited;
"region municipality" means a municipality that is in
(
a) the Skeena-Queen Charlotte Regional District,
(
b) the Regional District of Kitimat-Stikine, or
(
c) the Regional District of Bulkley-Nechako;
"restructure plan" means the Amended Plan of Compromise or Arrangement respecting the Skeena companies that was approved by order of the Supreme Court entered on April 16, 2002 and that is now applicable to NWBC;
"Skeena companies" means
(
a) Skeena Cellulose Inc.,
(
b) Orenda Forest Products Ltd.,
(
c) Orenda Logging Ltd., and
(d) 9753 Acquisition Corp.
(2) Despite Divisions 1 [Due Dates and Tax Notices]
and 3 [Payment of Taxes] of
Part 11 [Tax Collection]
of the Local Government Act, a region municipality may
(
a) defer the collection of property taxes payable by NWBC, as contemplated by the restructure plan,
(
b) defer the collection of property taxes payable by the Skeena companies, and
(
c) forgive the interest and penalties on such deferred taxes.
(3) Despite
section 403 [annual tax sale]
of the Local Government Act , a region municipality is not required
to offer property of NWBC or the Skeena companies for tax sale in relation to
taxes that are delinquent as contemplated by subsection (2).
(4) Despite
section 327 (5) [prohibition against municipal
deficits] of the Local Government Act , the City
of Prince Rupert may incur a deficit to the extent of outstanding amounts receivable
from NWBC or the Skeena companies for the period this is contemplated by the
restructure plan.
(5) Despite
section 182 [prohibition against assistance
to business] of the Local Government Act , the City of Prince Rupert
is conclusively deemed to have had the authority to enter into the loan guarantee
made pursuant to the council resolution adopted on February 19, 2002, in relation
to the loan provided by the Northern Savings Credit Union to NWBC, and the loan
guarantee is confirmed and validated effective that date.
(6) All resolutions, bylaws and actions of the City of Prince Rupert in relation to the loan guarantee referred to in subsection (5) are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had this
section been in force on the date they were adopted or taken.
(7) This
section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
Governance of the Northern Rockies Regional District
and the Town of Fort Nelson
(1) Despite
Part 3 [Electors and Elections]
and
section 792 (1) [chair of board] of the Local Government Act ,
the Lieutenant Governor in Council may, by supplementary letters patent for
the Northern Rockies Regional District and the Town of Fort Nelson, provide
for the election of a person in accordance with subsection (3) to serve as both
the chair of the board and the mayor of the town for the term of office under
section 209 (1) [term of office for mayor] .
(2) Despite
Part 3 [Electors and Elections] and
sections 784 (1) and (2) [appointment of municipal directors] and 785
(1) and (3) [election of electoral area directors] of the Local Government
Act , the Lieutenant Governor in Council may, by supplementary letters patent
for the Northern Rockies Regional District and the Town of Fort Nelson, provide
(
a) for the election of persons elected in accordance
with subsection (3) to serve as both a director of the regional district and
a councillor of the town for the term of office under
section 209 (2) [term
of office for councillors] ,
(
b) for the board of the regional district to appoint one or more electoral area directors for each electoral area from among the directors, other than the chair, and for the term of office of a director as an electoral area director, and
(
c) that, for all purposes of
Part 24 [Regional Districts]
of the Local Government Act , the chair and all directors who are not
appointed as electoral area directors are deemed to be municipal directors.
(3) For the purposes of subsections (1) and (2), the
Lieutenant Governor in Council may, by supplementary letters patent for the
Northern Rockies Regional District and the Town of Fort Nelson, provide that
Part 3 [Electors and Elections] of the Local Government Act , with
any changes to
Part 3 the Lieutenant Governor in Council considers necessary
or advisable, applies to the elections referred to in those subsections as though
(
a) the regional district and the town were the same jurisdiction and the electors of the regional district were the electors of that jurisdiction,
(
b) the chair of the regional district and the mayor of the town were the mayor,
(
c) the directors of the regional district and the councillors of the town were the councillors of the town,
(
d) candidates for election as chair of the regional district and as mayor of the town were candidates for election as mayor of the town, and
(
e) candidates for election as directors of the regional district and councillors of the town were candidates for election as councillors of the town.
(4) Despite sections 19 [size of council] , 207
[size of council] and 208 [quorum of council] of the Local
Government Act , the Lieutenant Governor in Council may, by supplementary
letters patent for the Town of Fort Nelson, establish the size and quorum of
council.
(5) Despite sections 777 (1) (d) [letters patent of
regional district] and 783 (2) to (7) [composition and voting rights]
of the Local Government Act , the Lieutenant Governor in Council
may, by supplementary letters patent for the Northern Rockies Regional District,
provide the number of votes assigned to each director.
Northern Rockies Regional Hospital District governance
(1) Despite sections 3 (1) (c) [letters
patent – voting unit] and 9 (1) [voting] of the Hospital District
Act , the Lieutenant Governor in Council may, by supplementary letters patent
for the Northern Rockies Regional Hospital District, establish that all votes
of the board are to be conducted on the basis of one vote for each director.
(2) Despite
section 13 (1) [chair] of the Hospital
District Act , the Lieutenant Governor in Council may, by supplementary
letters patent for the Northern Rockies Regional Hospital District, establish
that the person elected as chair of the Northern Rockies Regional District is,
by that election, appointed as chair of the Northern Rockies Regional Hospital
District.
Vancouver Charter
Section 279B (3) of the Vancouver Charter, S.B.C. 1953, c.
55, is amended by repealing paragraph (
c) and substituting the following:
(
c) for an appeal to the Vancouver Police Board from a decision granting, refusing, suspending or cancelling any permit, including the power to provide that
(
i) the Board may delegate the hearing and deciding of such an appeal to one or more members of the Board, and
(ii) the decision of the delegate or delegates, as the case may be, be deemed to be the decision of the Board; .
Section 455 is amended in the definition of "business
promotion scheme" by adding the following paragraph:
(b.01) the removal of graffiti from buildings or structures
in one or more business improvement areas, .
Section 572 is amended
(
a) in subsection (1) by striking out "of five members, two
to be appointed by the Council, two to be appointed by the Lieutenant-Governor
in Council, and a Chairman who shall be appointed by a majority of the other
appointees. The Board shall appoint a secretary and such other officials as
may be required by the Board" ,
(
b) by adding the following subsections:
(1.1) The Board shall consist of
(
a) five members appointed by the Council, and
(
b) a Chairman appointed by a majority of the members.
(1.2) The Board shall appoint a secretary and shall appoint
such other officials as may be required by the Board. ,
(
c) in subsection (2) by striking out "Each" and substituting
"Subject to subsection (2.1), each" ,
(
d) by adding the following subsection:
(2.1) The Council may rescind an appointment to the Board
at any time. ,
(
e) by repealing subsection (7) and substituting the following:
(7) If a member of the Board ceases to hold office, a
successor shall be appointed in the same manner as such member was appointed
and, until the appointment of a successor, the remaining members shall constitute
the Board. , and
(
f) by repealing subsection (8).
Transitional Provisions
Dissolution of Heritage Trust
(1) In this Act, "Heritage Trust" means
the British Columbia Heritage Trust.
(2) On the repeal of
Part 3 of the Heritage Conservation
Act ,
(
a) the Heritage Trust is dissolved,
(
b) the appointment of each member of the board is rescinded,
(
c) all of the rights, property and assets of the Heritage Trust are transferred to and vested in the government, and
(
d) the government assumes all obligations and liabilities of the Heritage Trust.
Appropriation – Heritage Conservation Act
22 Money required to be paid out in respect of
obligations and liabilities of the Heritage Trust assumed by the government
under
section 21 (2) (
d) may be paid out of the consolidated revenue fund.
Transitional – boards of variance
(1) Despite the amendment to
section 899 of the Local Government Act by this Act, all members of a board of variance who hold office at the time
section 15 of this Act comes into force, including members appointed by the minister, continue to be members of the board until
(
a) the end of their term, or
(
b) the local government rescinds their appointment.
(2) Despite the amendment to
section 572 of the Vancouver Charter by this Act, all members of a Board of Variance who hold office at the time
section 20 of this Act comes into force, including members appointed by the Lieutenant Governor in Council, continue to be members of the Board until
(
a) the end of their term, or
(
b) the Council rescinds their appointment.
Commencement
(1) Sections 1 to 3, 10 to 14, 21 and 22 come
into force on April 1, 2003.
(2) Sections 4 to 9 come into force by regulation of the Lieutenant Governor in Council.
Explanatory Notes
Cemetery and Funeral Services Act
SECTION 1: [Cemetery and Funeral Services Act, repeals
section 66 (8)]
consequentially to
section 13 of this Bill, removes the designation of the Heritage
Trust as the recipient of money under this section.
SECTION 2: [Cemetery and Funeral Services Act, repeals and replaces
section
127.1 (4) of the Act as consolidated in
section 1 of the Supplement]
consequentially to
section 13 of this Bill, removes the designation of the Heritage
Trust as the recipient of money under a not-in-force provision.
Financial Information Act
SECTION 3: [Financial Information Act, amends
Schedule 1] is
consequential to the repeal of
Part 3 of the Heritage Conservation Act
by this Bill.
First Peoples' Heritage, Language and Culture Act
SECTION 4: [First Peoples' Heritage, Language and Culture Act, amends
the
preamble] updates references to First Nations.
SECTION 5: [First Peoples' Heritage, Language and Culture Act, amends
section 2 (3)] transfers to the minister powers formerly exercised by
the Lieutenant Governor in Council.
SECTION 6: [First Peoples' Heritage, Language and Culture Act, amends
section 3] restructures the composition of the First Peoples' Heritage,
Language and Culture Council, changes the period of maximum service for members
of the board, transfers to the minister powers formerly exercised by the Lieutenant
Governor in Council and provides for the board to select its own chair.
SECTION 7: [First Peoples' Heritage, Language and Culture Act, amends
sections 6 (1) and 9 (1)] updates references to First Nations.
SECTION 8: [First Peoples' Heritage, Language and Culture Act, amends
sections 6 (3) and 7] updates references to the Minister of Finance.
SECTION 9: [First Peoples' Heritage, Language and Culture Act, amends
section 8] updates a reference to the Minister of Finance, requires
the preparation of audited financial statements and provides that the Budget
Transparency and Accountability Act applies to the corporation.
Freedom of Information and Protection of Privacy Act
SECTION 10: [Freedom of Information and Protection of Privacy Act, amends
Schedule 2] is consequential to the repeal of
Part 3 of the Heritage
Conservation Act by this Bill.
Heritage Conservation Act
SECTION 11: [Heritage Conservation Act, amends
section 1] is
consequential to the repeal of
Part 3 of the Act by this Bill.
SECTION 12: [Heritage Conservation Act, amends
section 4 (3)]
is consequential to the repeal of
Part 3 of the Act by this Bill.
SECTION 13: [Heritage Conservation Act, repeals
Part 3] repeals
provisions respecting the British Columbia Heritage Trust.
SECTION 14: [Heritage Conservation Act, amends
section 35 (2)]
is consequential to the repeal of
Part 3 of the Act by this Bill.
Local Government Act
SECTION 15: [Local Government Act, amends
section 899]
authorizes a local government to appoint all members of a board of variance
and discontinues provincial appointments;
allows two or more local governments to jointly establish a board of
variance.
SECTION 16: [Local Government Act, amends
section 933] provides
local governments with authority to waive or reduce development cost charges
that would otherwise apply to not for profit supportive living housing.
Municipalities Enabling and Validating Act (No. 3)
SECTION 17: [Municipalities Enabling and Validating Act (No. 3), enacts
Part 3]
validates the industrial park development service that the
Sunshine Coast Regional District has been providing since 1989;
authorizes municipalities within the region affected by the
NWBC Timber and Pulp Limited debt restructure plan to carry out the terms
of the plan;
validates the loan guarantee provided for the benefit of that
company by the City of Prince Rupert;
provides authority for a different governance model for the
Northern Rockies Regional District, the Town of Fort Nelson and the Northern
Rockies Regional Hospital District, in certain respects, than is authorized
under the Local Government Act and the Hospital District Act,
including
election by the regional district at large of the same person as mayor
of the town and chair of the regional district board and, by that election,
automatic appointment of the same person as chair of the Northern Rockies
Regional Hospital District,
elections of the same persons as both councillors for the town and directors
of the regional board, and
authorizing the Lieutenant Governor in Council to provide the size and
quorum of the council by letters patent.
Vancouver Charter
SECTION 18: [Vancouver Charter, repeals and replaces
section 279B (3)
(c)] authorizes the Council to provide, by by-law, that the Vancouver
Police Board may delegate appeals to one or more members of that Board.
SECTION 19: [Vancouver Charter, amends
section 455] allows the
City of Vancouver to use a business improvement area levy to fund removal of
graffiti from public and private property in the business improvement area.
SECTION 20: [Vancouver Charter, amends
section 572] authorizes
the Council to appoint all members of a Board of Variance and discontinues provincial
appointments.
SECTION 21: [Dissolution of Heritage Trust]
dissolves the Heritage Trust and rescinds the appointment of its members;
transfers the Heritage Trust's rights and obligations to the government.
SECTION 22: [Appropriation – Heritage Conservation Act] authorizes
the government to pay liabilities assumed from the Heritage Trust out of the
consolidated revenue fund.
SECTION 23: [Transitional – boards of variance] ensures that
members of boards of variance who were appointed before the coming into force
of the amendments by this Act to
section 899 of the Local Government Act
and
section 572 of the Vancouver Charter continue to hold office until
they are replaced in accordance with the amended provisions.
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