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1998/99 Legislative Session: 3rd Session, 36th 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 3rd day of June, 1999

Ian D. Izard, Law Clerk

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR

MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 62 – 1999

MISCELLANEOUS STATUTES AMENDMENT ACT, 1999

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

Budget Measures Implementation Act, 1999

1 The Budget Measures Implementation Act, 1999 is amended by adding the

following section:

Greater Vancouver Transportation Authority bylaws

25.1

(1) In this section, "Greater Vancouver

Transportation Authority bylaws" means the following bylaws that were adopted by

the board of directors of the Greater Vancouver Transportation Authority on March 24,

1999:

(

a) Greater Vancouver Transportation Authority Bylaw No. 3, 1999;

(

b) Greater Vancouver Transportation Authority Bylaw No. 4, 1999.

(2) Despite any other enactment, the Greater Vancouver

Transportation Authority bylaws are conclusively deemed to have been validly adopted on

March 31, 1999 and to take effect on April 1, 1999, and will, subject to amendment or

repeal by the board of directors of the Greater Vancouver Transportation Authority, remain

in full force and effect on and after April 1, 1999.

(3) Without limiting subsection (2) and despite any other

enactment,

(

a) the Greater Vancouver Transportation Authority is authorized

to impose and collect or have collected on its behalf, after March 31, 1999, the power

levies, user fees and fines referred to in the Greater Vancouver Transportation Authority

bylaws, and

(

b) a power levy, user fee or fine collected under one of the

Greater Vancouver Transportation Authority bylaws after March 31, 1999 and before the date

that this Act receives Royal Assent is conclusively deemed to have been validly collected.

Estate Administration Act

Section 112 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended

(

a) by adding the following subsections:

(5.1) If subsection (4) or (5) applies, a court must not grant or

reseal letters of administration unless the applicant or the applicant's solicitor

provides to the court the written comments of the Public Trustee in respect of the matter.

(5.2) If, on application to the court, the court is satisfied that

it is necessary or advisable to grant or reseal letters of administration before the

Public Trustee provides the written comments referred to in subsection (5.1), the court

may make any order that the court considers advisable in the circumstances.

(5.3) The applicant under subsection (5.2) must give reasonable

notice of the application to the Public Trustee. ,

(

b) in subsection (8) (

b) by striking out "filed with the

court" and substituting "to be filed with the court" ,

and

(

c) by adding the following subsection:

(8.1) If

(

a) the court grants or reseals probate or letters of

administration under this section, and

(

b) a person referred to in subsection (1) (

a) is or may be a

minor or a person with a mental disorder or has a committee,

the executor or administrator of the estate must, within 45 days

of the grant or resealing, mail or deliver to the Public Trustee a copy of that grant or

resealed grant.

Section 112 (8.1) (

b) is repealed and the following substituted:

(

b) a person referred to in subsection (1) (

a) is or may be a

minor or a person with a mental disorder or has a representative, substitute decision

maker or guardian, .

Family Relations Act

Section 15 (1) (

b) of the Family Relations Act, R.S.B.C. 1996, c. 128, is

amended by striking out ", probation officer" .

Financial Administration Act

5 The Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by adding

the following Part:

Part 9.1 – Commodity Derivatives

Definition

79.1 In this Part, "commodity derivative"

means a futures contract, option, exchange agreement or other derivative transaction

entered into for the purpose of managing risks or maximizing benefits associated with the

purchase or sale of a commodity or with any other transaction involving a commodity.

Commodity derivatives by the government

79.2

(1) Without limiting an authority given in this or any

other Act, the Minister of Finance and Corporate Relations may enter into commodity

derivatives on behalf of the government.

(2) The Minister of Finance and Corporate Relations may pay out of

the consolidated revenue fund amounts required to be paid by the government in respect of

a commodity derivative entered into under subsection (1), unless those amounts are paid by

other means.

Commodity derivatives by government bodies

79.3

(1) Despite any other Act, a government body may not

enter into commodity derivatives except in accordance with this section.

(2) Subject to any restriction, limit or condition established

under subsection (3), a government body specified under that subsection may enter into

commodity derivatives, including commodity derivatives with or through the agency of the

Minister of Finance and Corporate Relations.

(3) The Treasury Board may, by regulation,

(

a) specify government bodies for the purposes of this section,

and

(

b) establish restrictions, limits and conditions on the authority

of a government body specified under paragraph (

a) to enter into commodity derivatives.

(4) At the request of a government body specified under subsection

(3), the Minister of Finance and Corporate Relations may act as its agent in exercising

the authority given to that body under subsection (2).

Greater Vancouver Sewerage and Drainage District Act

Section 6 of the Greater Vancouver Sewerage and Drainage District Act, S.B.C.

1956, c. 59, is amended by adding the following subsections:

(5) The Corporation and the University of British Columbia may

enter into agreements for the carrying-out of the objects of the Corporation within the

university site.

(6) If, by January 31 of any year, there is no agreement under

subsection (5) in force with respect to that year, the Corporation may apportion sums to

the University of British Columbia under this Act as if

(

a) the university were a member municipality of the Corporation,

and

(

b) the university site were the area of a member municipality of

the Corporation.

(7) The University of British Columbia must pay to the Corporation

those sums apportioned to it under subsection (6) as if the university were a member

municipality of the Corporation.

(8) If a sum of money apportioned under subsection (6) is not paid

by the due date,

(

a) the sum bears interest, from that date until the date of

payment, at the rate of six per cent per year, and

(

b) subject to subsection (9), the sum may be recovered by the

Corporation under

section 57 (1) as if the University of British Columbia were a member

municipality of the Corporation.

(9) The Corporation may not enforce payment of a sum referred to

in subsection (8) by the appointment of a receiver.

(10) The University of British Columbia may, in respect of a sum

of money apportioned under subsection (6), make a complaint under

section 59 as if the

university were a member municipality of the Corporation.

(11) In this section, "university site" means all

lands within the following described areas of Group 1, New Westminister District:

(

a) District Lot 3044;

(

b) District Lot 3045A;

(

c) District Lot 4804;

(

d) District Lot 4805;

(

e) District Lot 4806;

(

f) District Lot 6494, except that

part in Plan 11469;

(

g) District Lot 7184;

(

h) that part of Marine Drive shown on Reference Plan 2363 and

located southwest of District Lot 6494.

7 The following

section is added:

Contributions towards UBC sewerage costs

6.1

(1) In this section, "lessee" means a

person who, before May 19, 1999, entered into a lease or other agreement with the

University of British Columbia under which the person acquired a right to the use and

enjoyment of any land within the university site, as defined in

section 6 (11), but does

not have to pay for the sewerage costs associated with that use and enjoyment of the land.

(2) For the duration of a lease or other agreement to which this

section applies, the lessee must pay to the University of British Columbia, by August 1 of

each calendar year, the lessee's proportionate share of the sewerage costs that the

university is required to pay

(

a) under an agreement entered into under

section 6 (5), or

(

b) under

section 6 (7) in relation to a sum apportioned under

section 6 (6).

(3) The requirement to pay under subsection (2) applies despite

the terms of any lease or other agreement to which this

section applies.

Human Resource Facility Act

Section 1 of the Human Resource Facility Act, R.S.B.C. 1996, c. 209, is

repealed and the following substituted:

Grants and other financial assistance

1 Out of money appropriated by the Legislature and subject

to the regulations, the minister may provide a grant or other assistance to a person for

the purpose of acquiring, developing or operating facilities for one or more of the

following purposes:

(

a) a residence or facility for the care of children;

(

b) a special home for the care of persons with disabilities;

(

c) an activity centre or workshop for persons with disabilities;

(

d) a residence or facility for the support or treatment of

persons with addictions;

(

e) a special human resource facility or program designated by the

Lieutenant Governor in Council.

Section 2 is amended by striking out everything after "person"

and substituting "for a purpose referred to in

section 1 ."

10 The following

section is added:

Human resource facility agreements

2.1

(1) In this section:

"assistance" includes a grant, loan, guarantee or

indemnity and includes assistance under

section 1 or 2;

"human resource facility agreement" means an

agreement made by the minister or any agent of the government with a person who has

received or is to receive assistance from the government to acquire, develop or operate a

human resource facility;

"human resource facility" means land and

improvements, all or part of which provide or are intended to provide any of the services

referred to in

section 1, and includes land and improvements designated as a human

resource facility;

"human resource purposes" means the purposes

listed in

section 1.

(2) Without limiting the terms that may be included in an

agreement under this Act, a human resource facility agreement may include a restriction

that the human resource facility may be used only for human resource purposes.

(3) If a human resource facility agreement includes a restriction

under subsection (2), the minister or other agent of the government may file a written

notice in the land title office containing

(

a) a description of the human resource facility sufficient for

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

(

b) a statement that the human resource facility is subject to a

human resource facility agreement that includes a restriction under subsection (2).

(4) When a notice is filed under subsection (3), the registrar

must make a notation of the filing in the proper register against the title to the land

affected.

(5) Unless the written consent of the minister is filed in the

land title office,

(

a) a person who owns or leases a human resource facility must not

transfer, mortgage, lease or otherwise dispose of that person's interest in the human

resource facility, and

(

b) the registrar must not register a transfer or other

disposition referred to in paragraph (a).

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

registrar or the staff of the registrar in relation to the making of a notation of a

filing or the registration of a transfer or other disposition under this section,

(

a) neither the registrar nor the government is liable

vicariously, and

(

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

nominal defendant, is liable under

Part 20 of the Land Title Act.

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

(

a) the human resource facility agreement and, if applicable, any

amendment to it is binding on all persons who acquire an interest in the land affected,

and

(

b) if a transfer, mortgage, lease or other disposition of a

person's interest in a human resource facility is registered without the written consent

of the minister being filed as required under this section, the minister may apply to the

Supreme Court for an order for specific performance of the human resource facility

agreement by the new owner or for any other remedy.

Section 3 (2) is repealed and the following substituted:

(2) Without limiting subsection (1), the Lieutenant Governor in

Council may make regulations as follows:

in which assistance as defined in

section 2.1 (1) may be provided under this Act;

(

b) defining, for the purposes of this Act, the words

"persons with addictions", "persons with disabilities",

"facilities" and "centres";

(

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

(

d) for the purposes of

section 1 (e), designating land and

improvements

(

i) of a specific facility or program as a human resource facility

or program, or

(ii) of a category of facility or program as human resource

facilities or programs.

Hydro and Power Authority Act

Section 32 (7) (

k) of the Hydro and Power Authority Act, R.S.B.C. 1996, c.

212, is amended by striking out "77 and 79" and substituting "77,

79, 79.1 and 79.3" .

Interpretation Act

Section 29 of the

Interpretation Act, R.S.B.C. 1996, c. 238, is amended by

repealing the definition of "province" and substituting the

following:

"province" , when used as meaning a part of

Canada, includes the Northwest Territories, the Yukon Territory and Nunavut; .

Municipalities Enabling and Validating Act (No. 2)

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

amended by adding the following section:

Capital Regional District land exchange agreement validation

(1) The agreement entered into between the Capital

Regional District, Kapoor Lumber Co. Limited and Her Majesty the Queen in right of the

Province of British Columbia, dated for reference November 25, 1998, respecting exchanges

of land and other transactions set out in that agreement is confirmed and validated,

effective November 25, 1998.

(2) All things done that would have been validly done had

subsection (1) been in force on the day that they were done are conclusively deemed to

have been validly done and all resolutions and bylaws in relation to the agreement

referred to in subsection (1) are confirmed and validated, effective the date on which

they were adopted.

(3) The Capital Regional District is conclusively deemed to have

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

which the agreement was entered into, to have had the authority to adopt a resolution or

bylaw referred to in subsection (2) at the time it was adopted and to have had and to

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

(4) This

section applies despite the Municipal Act and the Capital

Regional Water Supply and Sooke Hills Protection Act, 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.

Offence Act

Section 66 (2) (

b) of the Offence Act, R.S.B.C. 1996, c. 338, is repealed and

the following substituted:

(

b) the justice may, under

section 67 (1), adjourn the trial, and .

Section 67 (1) is repealed and the following substituted:

(1) A justice may in his or her discretion, before or during a

trial, adjourn the trial.

(1.1) The parties to a trial adjourned under subsection (1) must

be notified of the time and place appointed for their next appearance before the court.

(1.2) For the purpose of giving notice under subsection (1.1) in

relation to a violation ticket,

section 15 (6) applies.

Section 70 is amended by striking out "Despite

section 67 (1),

if" and substituting "If" .

Public Sector Employers Act

Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is

amended by repealing the definition of "employment termination standards"

and substituting the following:

"employment termination standard" means a

standard established by the council under

section 4.1 or 7 (1) (c.2); .

Section 7 (1) is amended by adding the following paragraphs:

(c.1) comply with any strategic direction that is set by the

council in the exercise of its functions under

section 4 and that is of general

application or applies specifically to that association;

(c.2) with respect to persons who are employed by the association

and who are not subject to a collective agreement, comply

(

i) as if it were a public sector employer, with any employment

termination standard that is of general application under

section 4.1, or

(ii) with any employment termination standard that the council may

establish specifically for that association;

(c.3) provide, without charge, to the council copies of

(

i) contracts of employment relating to persons who are employed

by the association and who are not subject to a collective agreement, and

(ii) other information that the council requests for the purpose

of monitoring compliance with paragraph (c.2) or assisting the council in the development

and revision of employment termination standards applicable to the association; .

Section 15.1 is amended

(

a) in subsection (1) by striking out "a public sector

employer" and substituting "an employer to whom that regulation

applies" , and

(

b) in subsection (2) by striking out "a public sector

employer" and substituting "an employer" .

Social Service Tax Act

Section 11 (3) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is

amended by striking out "A person" and substituting "Unless

section 112.3 (1) or (2) applies, a person" .

22 Sections 69 to 77 and 79 are amended by adding "and 112.3"

after "sections 5 to 25" wherever it appears.

Section 78 (1) is amended by adding "or by

section 112.3"

after "Division 1 of

Part 2" .

Part 5 is amended

(

a) by adding the following before

section 91:

Division 1 – Local Collectors , and

(

b) by adding the following Division:

Division 2 – Collection Agents

Definitions

112.1 In this Division:

"collection agent" means a customs officer and,

if an agreement is in force between the Minister of National Revenue for Canada and the

Canada Post Corporation providing for the collection of tax under this Division by that

corporation, includes a postal agent;

"customs officer" means an officer as defined in

section 2 of the Customs Act (Canada) who is employed at a customs office in

British Columbia;

"postal agent" means the Canada Post Corporation

established under the Canada Post Corporation Act (Canada) and its officers,

employees and agents;

"resident taxpayer" means an individual who

(

a) resides, ordinarily resides or carries on business in British

Columbia, and

(

b) brings or sends into British Columbia, or receives delivery of

in British Columbia, tangible personal property for use or consumption

(

i) by the individual,

(ii) by another individual at the first individual's expense,

(iii) by another individual for whom the first individual acts as

agent, or

(iv) by another individual at the expense of a principal for whom

the first individual acts as agent.

Application

112.2

(1) This Division applies if an agreement described

(2) This Division does not apply to

(

a) tangible personal property to which

section 12 (1) to (3),

section 13 or Division 3 of

Part 2 applies,

(

b) goods that are for commercial use, or

(

c) prescribed tangible personal property.

Duties of resident taxpayer

112.3

(1) Unless subsection (2) applies, a resident

taxpayer who brings tangible personal property into British Columbia from a place outside

Canada, or who sends, or enters into an arrangement under which is sent, tangible personal

property into British Columbia from a place outside Canada, must, at the time the tangible

personal property enters British Columbia,

(

a) report the matter to a customs officer,

(

b) supply to the customs officer all information required by the

customs officer in respect of the tangible personal property, and

(

c) pay to the government, by paying to the customs officer as

agent of the government, tax calculated in accordance with subsection (3).

(2) Subject to subsection (4), a resident taxpayer must, at the

time of receiving, through a postal agent, tangible personal property in British Columbia

from a place outside of Canada,

(

a) supply to the postal agent all information required by the

postal agent in respect of the tangible personal property, and

(

b) pay to the government, by paying to the postal agent as agent

of the government, tax calculated in accordance with subsection (3).

(3) Tax payable under subsection (1) or (2) must be calculated by

multiplying the value of the tangible personal property, as determined under

section 215

of the Excise Tax Act (Canada) by the rate in

section 6 of this Act that is in

effect on the date that the tax is payable.

(4) Subsection (2) does not apply unless there is an agreement in

force between the Minister of National Revenue for Canada and the Canada Post Corporation

providing for the collection of tax under this Division by that corporation.

Detention of tangible personal property

112.4

(1) If a resident taxpayer fails or refuses to comply

with

section 112.3, the collection agent may detain the tangible personal property.

(2) Tangible personal property detained under subsection (1) must

be dealt with as follows:

(

a) if, before the end of 60 days after the start of the

detention, the tax that was payable in respect of the tangible personal property at the

time of its detention and any expenses related to the detention are paid and the

requirements of

section 112.3 (1) (

b) or (2) (

a) are met, the tangible personal property

must be returned to the resident taxpayer;

(

b) if the tax and the expenses relating to the detention are not

paid within the period referred to in paragraph (

a) of this subsection or the requirements

section 112.3 (1) (

b) or (2) (

a) are not met within that period, the tangible personal

property is forfeited to the government and may be disposed of as directed by the

commissioner.

Tax payable even though exemption claimed

112.5

(1) If a resident taxpayer claims that tangible

personal property is exempt under

Part 3 from the tax payable under this Division, the

collection agent may nevertheless require that the resident taxpayer pay the tax.

(2) If the collection agent requires payment of the tax under

subsection (1), the resident taxpayer

(

a) must pay the tax to the collection agent, and

(

b) may apply to the Minister of National Revenue for Canada, in

that minister's capacity as agent for the government of British Columbia, for a refund of

the tax paid in respect of that tangible personal property.

Agreement with federal government

112.6

(1) The minister may, on behalf of the government,

enforcement of this Act in respect of tangible personal property that is

(

a) brought or sent into British Columbia from outside Canada by a

resident taxpayer, or

(

b) delivered in British Columbia from outside Canada to a

resident taxpayer.

(2) An agreement referred to in subsection (1) may authorize

(3) Payments in respect of the ongoing costs of services provided

under the agreement may be paid out of the amounts collected on behalf of the government

of British Columbia.

British Columbia, act in accordance with the agreement to

(

a) collect tax owing in respect of tangible personal property

that is released by a collection agent without payment of all or part of the tax imposed

by this Division, and

(

b) refund an amount charged or collected by a collection agent

that is in excess of the amount of tax payable in respect of the tangible personal

property.

(5) An agreement made under subsection (1) must specify the

circumstances under which the collection agent may require that a resident taxpayer

claiming an exemption from tax must nevertheless pay the tax to the collection agent.

Immunity of collection agent

112.7 No action for damages may be brought against a

collection agent because of anything done or omitted in good faith

(

a) in the performance or intended performance of a duty or

function under this Act or under an agreement described in

section 112.6, or

(

b) in the exercise or intended exercise of a power under this Act

or under an agreement described in

section 112.6.

Section 118 (1) is amended by striking out "or" at the

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

d) and by adding the following paragraph:

(

e) disputes a disallowance of a refund applied for under

section

112.5, .

Section 138 (1) is amended by adding the following paragraph:

(

k) prescribing tangible personal property to which Division 2 of

Part 5 does not apply.

Transitional – Greater Vancouver Sewerage and Drainage

District Act

(1) The Greater Vancouver Sewerage and Drainage District

may apportion sums to the University of British Columbia under

section 6 (6) of the Greater

Vancouver Sewerage and Drainage District Act in respect of 1999 only if there is no

agreement in force under

section 6 (5) of that Act in respect of that year by August 15,

(2) If the Greater Vancouver Sewerage and Drainage District

apportions sums under

section 6 (6) of the Greater Vancouver Sewerage and Drainage

District Act in respect of 1999, the University of British Columbia must pay those

sums to the Greater Vancouver Sewerage and Drainage District by December 31, 1999.

(3) The date on which payment is required to be made to the

University of British Columbia under

section 6.1 (2) of the Greater Vancouver Sewerage

and Drainage District Act in respect of 1999 is December 15, 1999.

(4) All liabilities and obligations of the government in respect

of the university site, as defined in

section 6 (11) of the Greater Vancouver Sewerage

and Drainage District Act, u nder any agreement entered into with the Greater Vancouver

Sewerage and District under

section 6 (4) of that Act, are hereby terminated.

Commencement

(1) Section 1 is deemed to have come into force on March

31, 1999, and is retroactive to the extent necessary to give it effect on and after that

date.

(2) Sections 2, 3, 5 and 8 to 12 come into force by regulation of

the Lieutenant Governor in Council.

(3) Sections 6, 7 and 27 are deemed to have come into force on

January 1, 1999, and are retroactive to the extent necessary to give them effect for the

purposes of the year 1999.

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