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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 62 – 2002

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 3), 2002

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

British Columbia Railway Act

Section 8 of the British Columbia Railway Act, R.S.B.C. 1996,

c. 36, is amended

(

a) by renumbering the

section as

section 8 (1), and

(

b) by adding the following subsection:

(2) Despite the agreement referred to in

section 2 (1), the common law and

the provisions of this or any other enactment, including the Railway Act

and the Act to Ratify an Agreement bearing Date the Tenth Day of February,

1912, between His Majesty the King and Timothy Foley, Patrick Welch, and John

W. Stewart, and an Agreement bearing Date the Twenty-third Day of January,

1912, between the Grand Trunk Pacific Railway Company and the Grand Trunk

Pacific Branch Lines Company and said Foley, Welch, and Stewart, none

of the company, any subsidiary or any person under the control of the company

or of any subsidiary is required to provide passenger service over all or

any part of its line or lines of railway in British Columbia.

Employment and Assistance Act

Section 11 (1) (a) (

i) of the Employment and Assistance Act,

S.B.C. 2002, c. 40, is repealed and the following substituted:

(

i) is in the form prescribed by the minister, and .

Section 13 (1) is repealed and the following substituted:

(1) Subject to the conditions of an employment plan, the family unit of

an applicant or a recipient is subject to the consequence described in subsection

(2) for a family unit matching the applicant's or recipient's family unit

(

a) at any time while a recipient in the family unit is receiving income

assistance or hardship assistance or within 60 days before an applicant

in the family unit applies for income assistance, the applicant or recipient

has

(

i) failed to accept suitable employment,

(ii) voluntarily left employment without just cause, or

(iii) been dismissed from employment for just cause, or

(

b) at any time while a recipient in the family unit is receiving income

assistance or hardship assistance, the recipient fails to demonstrate reasonable

efforts to search for employment.

Employment and Assistance for Persons with Disabilities Act

Section 11 (1) (a) (

i) of the Employment and Assistance for

Persons with Disabilities Act, S.B.C. 2002, c. 41, is repealed and the following

substituted:

(

i) is in the form prescribed by the minister, and .

Section 12 (1) is repealed and the following substituted:

(1) Subject to the conditions of an employment plan, the family unit of

an applicant or a recipient is subject to the consequence described in subsection

(2) for a family unit matching the applicant's or recipient's family unit

(

a) at any time while a recipient in the family unit is receiving disability

assistance or hardship assistance or within 60 days before an applicant

in the family unit applies for disability assistance, the applicant or recipient

has

(

i) failed to accept suitable employment,

(ii) voluntarily left employment without just cause, or

(iii) been dismissed from employment for just cause, or

(

b) at any time while a recipient in the family unit is receiving disability

assistance or hardship assistance, the recipient fails to demonstrate reasonable

efforts to search for employment.

Employment Standards Act

Section 80 of the Employment Standards Act, R.S.B.C. 1996, c.

113, is amended by adding the following subsection:

(1.1) Despite subsection (1) (a), for the purposes of a complaint that was

delivered before May 30, 2002, to an office of the Employment Standards Branch

under and in accordance with

section 74, the amount of wages an employer may

be required by a determination to pay an employee is limited to the amount

that became payable in the period beginning 24 months before the earlier of

(

a) the date of the complaint, and

(

b) the termination of the employment,

plus interest on those wages.

Escheat Act

7 The Escheat Act, R.S.B.C. 1996, c. 120, is amended by adding

the following section:

Delegation

by Attorney General

1.1 In this Act, "Attorney General" in a

section includes

a person designated by the Attorney General for purposes of the section.

8 Sections 4 (3), 5, 7 (1) and (2), 8, 11, 12, 13 (2) and 14

(2) are amended by striking out "Lieutenant Governor in Council" wherever

it appears and substituting "Attorney General" .

Freedom of Information and Protection of Privacy Act

Section 12 of the Freedom of Information and Protection of Privacy

Act, R.S.B.C. 1996, c. 165, is amended by adding the following subsections:

(5) If the Lieutenant Governor in Council considers that the deliberations

of a committee relate to the deliberations of the Executive Council, the Lieutenant

Governor in Council may designate the committee for the purposes of this section.

(6) It is necessary that a committee designated under subsection (5) include

at least one member of the Executive Council.

(7) In subsections (1) and (2), "committee" includes a committee

designated under subsection (5).

Highway Act

Section 29 (1) of the Highway Act, R.S.B.C. 1996, c. 188, is

repealed and the following substituted:

(1) Subject to subsection (2), some or all of the cost of construction and

maintenance of arterial highways may, but need not, be borne by the ministry.

Section 54 (2) is amended by striking out "or

the Vancouver Charter ".

Interjurisdictional Support Orders Act

Section 47 of the Interjurisdictional Support Orders Act, S.B.C.

2002, c. 29, is repealed and the following substituted:

Section 1 (1) of the Family Maintenance Enforcement Act,

R.S.B.C. 1996, c. 127, is amended by repealing the

definitions of "maintenance

order" and "reciprocating state" and substituting the

following:

"maintenance order" means a provision for the payment of maintenance

in an order or judgment that is enforceable in British Columbia and includes

(

a) an interim order made under

Part 8 of the Family Relations Act ,

(

b) an order made under

section 21,

(

c) an agreement deemed to be a maintenance order under subsection (2),

and

(

d) an order that is a support order under the Interjurisdictional

Support Orders Act ,

but does not include a provisional order or a provisional variation order,

as defined in

section 1 (1) of the Interjurisdictional Support Orders

Act ;

"reciprocating jurisdiction" means a reciprocating jurisdiction

as defined in

section 1 (1) of the Interjurisdictional Support Orders

Act ; .

Ministry of Transportation and Highways Act

Section 27 (1) and (2) of the Ministry of Transportation and

Highways Act, R.S.B.C. 1996, c. 311, is amended by striking out "arbitrators

or umpire" and substituting "arbitrator, umpire or referee" .

Section 27 (3) is repealed.

15 The following

section is added:

Damages

27.1 A clause in a contract that stipulates a drawback or penalty

for

(

a) failure to perform a condition of the contract,

(

b) neglect to complete a government building, highway or public work,

(

c) neglect to fulfil a covenant or promise in the contract

must not be construed as punitive, but as importing by mutual consent an

assessment of the damages caused by the failure or neglect.

Motor Vehicle Act

Section 94.5 of the Motor Vehicle Act, R.S.B.C. 1996,

c. 318, is amended by adding the following subsection:

(3) In a review of a driving prohibition under

section 94.4, no person may

be cross examined.

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 section:

Validation

of City of Vancouver zoning bylaws

(1) This

section applies to all current or former zoning bylaws

of the City of Vancouver.

(2) A zoning bylaw that is or was invalid by reason of a failure to comply

with the approval requirement of

section 54 (2) of the Highway Act

as it read immediately before its amendment by

section 11 of the Miscellaneous

Statutes Amendment Act (No. 3), 2002 is conclusively deemed to have been

validly in force, from the date it would have been in force had the approval

requirement been met, to the extent that it would have been validly in force

had the approval requirement been met.

(3) 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 by reason that it makes no specific reference

to that matter.

Public Guardian and Trustee Act

Section 1 of the Public Guardian and Trustee Act, R.S.B.C.

1996, c. 383, is amended by repealing the definition of "board" .

Section 4 is repealed .

Section 22 (1) and (4) is amended by striking out "After

consulting with the board, the Public Guardian and Trustee" and substituting

"The Public Guardian and Trustee" .

Section 27 (1) to (3) and (6) is repealed .

Section 28 is amended by renumbering the second subsection

(3) as subsection (4) .

Section 27 (4) and (5) of the Supplement to the Public Guardian

and Trustee Act is repealed .

Special Appropriations Act

24 The Special Appropriations Act, R.S.B.C. 1996, c. 437, is repealed .

Vancouver Charter

Section 396 (1) of the Vancouver Charter, S.B.C. 1953, c. 55,

is amended by adding the following paragraph:

And

British Columbia Cancer Agency Branch

(e.2) That part of the lands and improvements located on the north side

of the 600 block of West 10th Avenue, and specifically described as

Lot A

Block 359

District Lot 526

Group 1, New Westminster District

Plan LMP 51308

PID 025-141-015,

and occupied by the British Columbia Cancer Agency Branch, so long as it

is in actual occupation by, and wholly in use for cancer research and other

charitable purposes of, the British Columbia Cancer Agency Branch: .

Transitional

– review of driving prohibitions

Section 94.5 (3) of the Motor Vehicle Act,

as enacted by

section 16 of this Act, applies to all reviews of driving prohibitions

under

section 94.4 of the Motor Vehicle Ac t, whether or not the application

for the review was made prior to May 5, 1997.

Commencement

(1) Section 1 is deemed to have come into force on October 31, 2002 and is retroactive to the extent necessary to give it effect on and after that date.

(2) Sections 2 to 5, 7 to 9 and 24 come into force by regulation of the Lieutenant Governor in Council.

(3) Section 6 is deemed to have come into force on May 30, 2002 and is retroactive to the extent necessary to give it effect on and after that date.

(4) Section 16 is deemed to have come into force on May 5, 1997 and is retroactive to the extent necessary to give it effect on and after that date.

(5) Section 25 comes into force on December 31, 2002, effective

for the 2003 taxation year.

Explanatory Notes

British Columbia Railway Act

(Ministry of Transportation)

SECTION 1: [British Columbia Railway Act, amends

section 8] removes

from British Columbia Railway, and from its subsidiaries and any person acting

under the control of British Columbia Railway or any of its subsidiaries, the

obligation to provide passenger service on all or any of the British Columbia

Railway rail lines.

Employment and Assistance Act

(Ministry of Human Resources)

SECTION 2: [Employment and Assistance Act, repeals and replaces

section

11 (1) (a) (i)] clarifies that the form is one prescribed by the minister.

SECTION 3: [Employment and Assistance Act, repeals and replaces

section

13 (1)] clarifies the minister's authority to impose sanctions

on an applicant for employment-related behaviour, such as quitting a job, that

occurs before the date of application for income assistance.

Employment and Assistance for Persons with Disabilities Act

( Ministry of Human Resources)

SECTION 4: [Employment and Assistance for Persons with Disabilities Act,

repeals and replaces

section 11 (1) (a) (i)] clarifies that the form

is one prescribed by the minister.

SECTION 5: [Employment and Assistance for Persons with Disabilities Act,

repeals and replaces

section 12 (1)] clarifies the minister's authority

to impose sanctions on an applicant for employment-related behaviour, such as

quitting a job, that occurs before the date of application for disability assistance.

Employment Standards Act

(Ministry of Skills Development and Labour)

SECTION 6: [Employment Standards Act, adds

section 80 (1.1)]

maintains the limit on the amount of wages an employer may be required to pay

an employee in respect of complaints made before May 30, 2002.

Escheat Act

(Ministry of Attorney General)

SECTION 7: [Escheat Act, enacts

section 1.1] enables the Attorney

General to delegate responsibilities.

SECTION 8: [Escheat Act, amends sections 4 (3), 5, 7, 8, 11, 12, 13

(2) and 14 (2)] transfers to the Attorney General the current capacities

of the Lieutenant Governor in Council to

make assignments, grants, orders or other dispositions;

give waivers or releases;

sell land;

authorize payments;

cancel surveys, field notes and official plans.

Freedom of Information and Protection of Privacy Act

(Ministry of Management Services)

SECTION 9: [Freedom of Information and Protection of Privacy Act, adds

section 12 (5) to (7)] allows the Lieutenant Governor in Council to

clarify whether a particular committee is covered by the reference to "committee"

section 12 (1) and (2) of the Act.

Highway Act

(Ministry of Transportation)

SECTION 10: [Highway Act, repeals and replaces

section 29 (1)]

removes the obligation of the Ministry of Transportation alone to fund the

full cost of construction and maintenance of arterial highways and instead provides

that the ministry may provide some, all or none of that funding.

SECTION 11: [Highway Act, amends

section 54 (2)] deletes

the reference to the Vancouver Charter and relieves the City of Vancouver

from the obligation to seek the minister's approval for certain zoning bylaws.

Interjurisdictional Support Orders Act

(Ministry of Attorney General)

SECTION 12: [Interjurisdictional Support Orders Act, re-enacts

section

47] corrects a reference to the definition of "reciprocating state",

which is being replaced by the definition of "reciprocating jurisdiction", in

this amendment to

section 1 of the Family Maintenance Enforcement Act .

Ministry of Transportation and Highways Act

(Ministry of Transportation)

SECTION 13: [Ministry of Transportation and Highways Act, amends

section

27 (1) and (2)] adds a referee as a person who must make an award in

accordance with this section.

SECTION 14: [Ministry of Transportation and Highways Act, repeals

section

27 (3)] is consequential to re-enacting the provision as a separate

section.

SECTION 15: [Ministry of Transportation and Highways Act, enacts

section

27.1] re-enacts

section 27 (3) as a separate

section to clarify that

it has a wider application than claims presided over by an arbitrator, umpire

or referee.

Motor Vehicle Act

(Ministry of Transportation)

SECTION 16: [Motor Vehicle Act, adds

section 94.5 (3)] indicates

that cross examination is not permitted in a review of a 90-day driving prohibition

for failing a breath test or refusing a breath test.

Municipalities Enabling and Validating Act (No. 3)

(Ministry of Transportation)

SECTION 17: [Municipalities Enabling and Validating Act (No. 3), enacts

section 7] validates zoning bylaws made by the City of Vancouver without

approval by the minister under

section 54 (2) of the Highway Act .

Public Guardian and Trustee Act

(Ministry of Attorney General)

SECTION 18: [Public Guardian and Trustee Act, amends

section 1]

deletes the definition of the advisory board.

SECTION 19: [Public Guardian and Trustee Act, repeals

section 4]

repeals the

section establishing the advisory board, its membership and its

mandate.

SECTION 20: [Public Guardian and Trustee Act, amends

section 22 (1) and

(4)] deletes the requirement for consultation with the advisory

board prior to delivery or modification of the Public Guardian and Trustee's

service delivery plan.

SECTION 21: [Public Guardian and Trustee Act, repeals

section 27 (1)

to (3) and (6)] removes the obligations of the Public Guardian

and Trustee to

arrange for periodic independent evaluations of the Adult Guardianship

Act , the Health Care (Consent) and Care Facility (Admission) Act ,

the Public Guardian and Trustee Act and the Representation Agreement

Act after the first 3 years of operation of the office and every 5 years

after that;

consult with the advisory board before modifying an evaluation plan;

present evaluation reports and responses to each of them to the Attorney

General.

SECTION 22: [Public Guardian and Trustee Act, amends

section 28]

corrects a subsection numbering error.

SECTION 23: [Supplement to Public Guardian and Trustee Act, repeals

section

27 (4) and (5)] removes not in force provisions requiring certain contents

of evaluation plans and imposing an obligation on the Public Guardian and Trustee

to consult with the advisory board about the interim findings of an evaluation

plan before modifying the plan or presenting the evaluation findings to the

Attorney General.

Special Appropriations Act

(Ministry of Finance)

SECTION 24: [Special Appropriations Act, repeals the Act] is

self-explanatory.

Vancouver Charter

(Ministry of Community, Aboriginal and Women's Services)

SECTION 25: [Vancouver Charter, adds

section 396 (1) (e.2)]

provides a tax exemption for the British Columbia Cancer Agency Branch.

SECTION 26: [Motor Vehicle Act – Transitional]

section

94.5 (3) of the Motor Vehicle Act, as enacted by this Bill, applies to

all reviews of driving prohibitions under

section 94.4 of that Act.

Copyright

© 2002: Queen's Printer, Victoria, British Columbia, Canada