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1998 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR

MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 10 – 1998

MISCELLANEOUS STATUTES AMENDMENT ACT, 1998

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

of British Columbia, enacts as follows:

Correction Act

1 The definition of "correctional centre" in

section 1 of the Correction Act, R.S.B.C. 1996,

c. 74, is amended by striking out "but does not include" and substituting "but does not

include, subject to the exception of a shared facility under

section 13.1," .

2 The definition of "correctional centre" in

section 1, as enacted by

section 49 of the Police

Amendment Act, 1997, S.B.C. 1997, c. 37, is amended by striking out "but does not

include" and substituting "but does not include, subject to the exception of a shared facility

under

section 13.1," .

3 The following

section is added:

Shared facility agreements

13.1

(1) In this section:

"police prisoner" means a person who is taken into or detained in custody but has

not been remanded or committed to custody by a court;

"shared facility" means a correctional centre that also contains facilities for the

detention of police prisoners.

(2) On behalf of the government, the minister may enter into an agreement with the

City of Vancouver

(

a) respecting the establishment, building, management, operation and security

of a shared facility in Vancouver, British Columbia,

(

b) respecting the provision of detention, security and other ancillary services

for the shared facility, and

(

c) for reimbursement of expenses incurred, by the government or the City of

Vancouver, in relation to those matters under paragraphs (

a) and (b).

Section 15 is repealed and the following substituted:

Temporary absences

(1) The minister may authorize an inmate to be absent from a correctional centre with

or without escort, subject to any conditions that the minister considers appropriate,

if in the minister's opinion the absence is necessary or desirable

(

a) for medical, educational or humanitarian reasons, or

(

b) to assist in the rehabilitation of the inmate.

(2) A temporary absence under this

section may be authorized for a maximum period

of 60 days and may be renewed by the minister for one or more 60 day periods

on reassessment of the case.

(3) Despite subsection (2), a temporary absence for medical reasons may be

authorized for an unlimited period.

(4) Section 20 applies to an inmate for whom an absence is authorized under this

section.

(5) The minister may delegate the minister's powers and duties under this

section to

the Board of Parole for the Province of British Columbia continued under

section 2 of the Parole Act .

(6) If the minister's powers and duties are delegated to the board under

subsection (5), the board may not delegate that power or duty to another person.

Infants Act

Section 40 (4), (5), (7) and (8) of the Infants Act, R.S.B.C. 1996, c. 223, is amended by

striking out "$10 000, inclusive of interest and costs," and substituting "$50 000, exclusive

of interest and costs," .

Milk Industry Act

6 The Milk Industry Act, R.S.B.C. 1996, c. 289, is amended by adding the following section:

Fees

20.1 The operator of a dairy farm must pay the prescribed fee, if any, in the prescribed

manner to the government, or as provided under

section 40 (2), for action taken under

section 19 by an inspector respecting the dairy farm.

Section 40 (2) is amended by adding the following paragraphs:

(a.1) specifying the fee payable under

section 20.1 for one or more of the actions

that an inspector may take under

section 19;

(a.2) specifying the manner in which a fee specified under paragraph (a.1) must

be paid to the government;

(a.3) authorizing a body to operate an inspection service, specifying the manner

in which a fee specified under paragraph (a.1) to which a regulation under

paragraph (a.2) does not apply must be paid to the body and authorizing that

body to retain all or a portion of the fee collected; .

Motor Vehicle Act

Section 216 (1) (

a) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the

following substituted:

(

a) requiring the inspection as to safety, emissions and repair of prescribed

classes of vehicles and may provide differently for different

(

i) types of inspections,

(ii) classes of vehicles, and

(iii) areas of British Columbia; .

Section 217 is amended

(

a) in subsection (2) by adding ", emissions" after "safety" , and

(

b) in subsection (3) (

a) by adding "a regulation made under

section 216 (1) (

a) or" after

"contravention of" and by adding "of this section" after "subsection (2)" .

Section 218 is amended in subsections (1) (

b) and (2) by adding "or emissions" after

"safety" .

Municipal Act

Section 963 (2) of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the following

substituted:

(2) For a period of 60 days beginning on the date of the first reading of a heritage

designation bylaw,

section 967 (3) applies as if the heritage designation bylaw

had already been adopted.

Mutual Fire Insurance Companies Act

Section 2 of the Mutual Fire Insurance Companies Act, R.S.B.C. 1960, c. 262, is amended

(

a) by repealing the definition of "mutual insurance" and substituting the following:

"mutual insurance" means general insurance, as defined in the Financial Institutions

Act, given in consideration for a premium note as provided by this Act, with

or without a cash payment; , and

(

b) by repealing the definition of "supplemental contract" .

Section 15 is repealed.

Section 28 is amended by striking out "; but the aggregate cash premiums for contracts

made under this

section in any year shall not exceed one-fourth of the aggregate amount

payable in respect of premium notes held by the company and outstanding on the thirty-first

day of December in the last preceding year" .

Parole Act

Section 2 of the Parole Act, R.S.B.C. 1996, c. 346, is repealed and the following substituted:

Board of Parole

(1) The Board of Parole for the Province of British Columbia is continued, consisting

of members selected from persons who meet the criteria prescribed under

section 15 (2) (

a) and appointed by the Lieutenant Governor in Council as

follows:

(

a) one member as chair, who holds office for a term of 6 years;

(b) 3 or more members, up to as many as the Lieutenant Governor in Council

considers necessary, each of whom holds office for a term of 4 years.

(2) The chair

(

a) is a full time member of the board,

(

b) is the chief executive officer of the board, and

(

c) must supervise the staff of the board.

(3) The Lieutenant Governor in Council may designate one of the members as vice

chair.

(4) A member of the board must not be reappointed to the board except as chair.

(5) A person is not eligible to be appointed or to continue as a member of the board

if the person holds any other office by appointment of the Lieutenant Governor

in Council.

Section 16 is repealed.

Petroleum and Natural Gas Act

Section 78 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by

striking out "The Lieutenant Governor in Council may make an agreement" and substituting

"Despite

section 73 and the regulations under that section, the minister may make an

agreement" .

Provincial Court Act

Section 13 of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended by adding the

following subsection:

(18) A reference in subsection (2) to January 1 is, to the extent that it relates to 1998,

deemed to be a reference to February 1 and a reference in subsection (9) to

April 30 is, to the extent that it relates to 1998, deemed to be a reference to

May 29.

Commencement

(1) Section 18 is deemed to have come into force on December 31, 1997 and is

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

(2) Sections 4 to 10, 12, 13, 15 and 16 come into force by regulation of the Lieutenant

Governor in Council.

Explanatory Notes

Correction Act

(Ministry of Attorney General)

SECTIONS 1 to 3: [Correction Act, amend

section 1 and enact

section 13.1] provide for an

agreement between the government and the City of Vancouver respecting a

shared facility, as defined in

section 13.1 enacted by this Bill.

SECTION 4: [Correction Act, re-enacts

section 15] extends the maximum

period for which the minister may authorize an inmate to be temporarily absent

from a correctional centre and provides that the minister may delegate

authority under this

section to the Board of Parole for the Province of British

Columbia.

Infants Act

(Ministry of Attorney General)

SECTION 5: [Infants Act, amends

section 40 (4), (5), (7) and (8)] increases the monetary

limits set under the Infants Act within which the Public Guardian and Trustee

may consent to or make a binding agreement for a settlement in respect of an

infant's claim for unliquidated damages.

Milk Industry Act

(Ministry of Agriculture and Food)

SECTION 6: [Milk Industry Act, enacts

section 20.1] requires the payment of fees for the

actions of inspectors under

section 19 of the Act if these fees are prescribed

under

section 40 (2) of the Act.

SECTION 7: [Milk Industry Act, adds

section 40 (2) (a.1) to (a.3)] allows fees for inspections

under

section 19 of the Act to be prescribed together with the manner in

which fees must be paid.

Motor Vehicle Act

(Ministry of Transportation and Highways)

SECTION 8: [Motor Vehicle Act, repeals and replaces

section 216 (1) (a)] empowers the

Lieutenant Governor in Council to make regulations respecting the inspection

of vehicles as to safety, emissions and repairs.

SECTION 9: [Motor Vehicle Act, amends

section 217]

(

a) empowers the minister to make regulations prescribing emissions standards for

a vehicle;

(

b) empowers the Lieutenant Governor in Council to make regulations providing

that a contravention of regulations made under

section 216 (1) (

a) of the Motor

Vehicle Act constitutes an offence.

SECTION 10: [Motor Vehicle Act, amends

section 218] empowers the minister to make regulations

prescribing emissions standards for a vehicle or its equipment.

Municipal Act

(Ministry of Municipal Affairs)

SECTION 11: [Municipal Act, repeals and replaces

section 963 (2)] corrects an incorrect

cross-reference to

section 967 (1).

Mutual Fire Insurance Companies Act

(Ministry of Finance and Corporate Relations)

SECTION 12: [Mutual Fire Insurance Companies Act, amends

section 2] expands the definition

of "mutual insurance" to enable mutual fire insurers to potentially offer

the same type of coverage as other insurers and repeals the definition of

"supplemental contract" as expansion of the definition of "mutual insurance"

makes the need for supplemental contracts unnecessary.

SECTION 13: [Mutual Fire Insurance Companies Act, repeals

section 15] repeals the

section to give the Financial Institutions Commission greater flexibility in

regulating the types of insurance a mutual fire insurer can offer and the areas

of British Columbia in which it can offer insurance.

SECTION 14: [Mutual Fire Insurance Companies Act, amends

section 28] removes the

restriction on the number of cash policies that a mutual fire insurance company

can issue.

Parole Act

(Ministry of Attorney General)

SECTION 15: [Parole Act, re-enacts

section 2] restructures the Board of Parole for the

Province of British Columbia.

SECTION 16: [Parole Act, repeals

section 16] removes a spent

transitional provision under the Parole Act .

Petroleum and Natural Gas Act

(Ministry of Energy and Mines)

SECTION 17: [Petroleum and Natural Gas Act, amends

section 78] substitutes the minister

for the Lieutenant Governor in Council, as the authority who may establish

royalty amounts by agreement on petroleum and natural gas produced as set out

section 78 of the Act.

Provincial Court Act

(Ministry of Attorney General)

SECTION 18: [Provincial Court Act, adds

section 13 (18)] extends the time for the appointment

of the 1998 Judicial Compensation Committee from January 1, 1998 to

February 1, 1998 and extends the date before which the report and recommendations

are to be provided by that committee from April 30, 1998 to May 29, 1998.

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