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2003 Legislative Session: 4th Session, 37th 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 28th day of

May, 2003

Ian D. Izard, Law Clerk

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 66 – 2003

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 2), 2003

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

Barbers Act

Section 18 of the Barbers Act, R.S.B.C. 1996, c. 24, is amended

by adding the following subsections:

(3) The association is authorized to distribute its assets, after paying, or making provision for payment of, the association's debts and liabilities, in one of the following ways:

(

a) to an association incorporated under the Society Act that has as its purpose the promotion and professional development of barbering in British Columbia;

(

b) in equal shares to each member of the association in good standing at the date of the distribution;

(

c) to a registered charity as defined by

section 248 (1) of the Income Tax Act (Canada).

(4) If the association has not completed the distribution of its assets as authorized by this

section before the date of repeal of this Act, the assets of the association vest in the government, free and clear of any encumbrance.

2 The following

section is added:

Repeal

25 This Act is repealed by regulation of the Lieutenant

Governor in Council.

Cemetery and Funeral Services Act

Section 51 (1) (

h) of the Cemetery and Funeral Services Act,

R.S.B.C. 1996, c. 45, is repealed and the following substituted:

(

h) the minister under the Employment and Assistance

Act or, if the official administrator under the Estate Administration

Act is administering the estate of the deceased under that Act, the official

administrator; .

Commercial Transport Act

Section 1 of the Commercial Transport Act, R.S.B.C. 1996, c.

58, is amended in the

definitions of "semi-trailer" and

"trailer" by striking out "700 kg" and substituting

"1401 kg" .

Section 4 (1) is amended

(

a) by striking out "8 to 20" and substituting "8

to 15, 16 (1) to (3), 17 to 20" ,

(

b) by adding "28.2, 28.3" after "28," ,

(

c) by striking out "105.94," and substituting "105.95," ,

and

(

d) by striking out "and 219 to 223." and substituting

", 219 to 223 and 241 to 248."

Correction Act

Section 10 of the Correction Act, R.S.B.C. 1996, c. 74, is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The minister may enter a correctional centre for the purpose of inspection, and is entitled to access at any time to

(

a) every part of the correctional centre,

(

b) any person held in the correctional centre,

(

c) any person appointed or approved as described in

section 3 or 4, and

(

d) files, papers, documents, vouchers, records, books

and other things in the correctional centre. ,

(

b) in subsection (2) (

a) by adding "files," after "examine" ,

and

(

c) by adding the following subsection:

(5) The minister must establish and maintain a program of periodic inspection of all correctional centres.

Section 34 (1) is amended

(

a) by repealing paragraph (b),

(

b) in paragraph (

e) by striking out "(b)," ,

(

c) in paragraph (

f) by striking out "(b)," , and

(

d) by repealing paragraph (g) (

i) and substituting the following:

(

i) any part of a correctional centre, and to any person

held there, .

Section 35 is amended

(

a) in subsection (2) by adding the following paragraphs:

(

n) respecting the periodic inspection of correctional centres;

(

o) providing for reports to be made in relation to periodic

inspections of correctional centres. , and

(

b) by adding the following subsection:

(4) Regulations made under subsection (2) (

n) and (

o) may be different for different correctional centres.

Cosmetologists Act

Section 19 of the Cosmetologists Act, R.S.B.C. 1996, c. 178,

is amended by adding the following subsections:

(3) The association is authorized to distribute its assets, after paying or making provision for payment of, the association's debts and liabilities, in one of the following ways:

(

a) to an association incorporated under the Society Act that has as its purpose the promotion and professional development of cosmetology in British Columbia;

(

b) in equal shares to each member of the association in good standing at the date of the distribution;

(

c) to a registered charity as defined by

section 248 (1) of the Income Tax Act (Canada).

(4) If the association has not completed the distribution of its assets as authorized by this

section before the date of repeal of this Act, the assets of the association vest in the government, free and clear of any encumbrance.

10 The following

section is added:

Repeal

24 This Act is repealed by regulation of the Lieutenant

Governor in Council.

Election Act

Section 30 (

b) of the Election Act, R.S.B.C. 1996, c. 106,

is repealed.

Estate Administration Act

Section 40 (2) of the Estate Administration Act, R.S.B.C. 1996,

c. 122, is repealed and the following substituted:

(2) In the circumstances referred to in subsection (1), the official administrator may make an application to the court for a grant of administration of the estate of the deceased if

(

a) the person died intestate as to the whole or a portion of the person's estate, or leaving a will, but without having appointed an executor willing and competent to take out letters probate, or

(

b) the executor named by the deceased is resident outside British Columbia at the time of the death of the deceased.

Section 41 (1) is amended by striking out "The official

administrator must make application for, and must be granted," and substituting

"The official administrator may make application for" .

14 The following

section is added:

Court must not make order

41.1 If the official administrator does not make

an application under

section 40 (2) or 41 (1), the court must not make an order

appointing the official administrator as administrator of the estate, except

with the prior written consent of the official administrator.

Expropriation Act

Section 26 of the Expropriation Act , R.S.B.C. 1996,

c. 125, is amended

(

a) by adding the following subsection:

(6.1) The chair or vice chair may designate a member

of the board to hear any matter and make any decision, order or determination

that could be made by the board, chair or vice chair, except a designation under

this subsection and, for that purpose, the member has all the powers of the

board, chair or vice chair. , and

(

b) in subsection (7) by striking out "board" and

substituting "board or a member" .

Section 27 is amended by adding the following subsection:

(1.1) Without limiting subsection (1), the board may, subject to the approval of the Lieutenant Governor in Council, prescribe rules as follows:

(

a) respecting the holding of prehearing conferences and requiring the parties to attend a prehearing conference in order to facilitate a just and timely resolution of any matter to be determined;

(

b) respecting mediation and other dispute resolution processes, including, without limitation, rules that would permit or require mediation of any matter to be determined.

17 The following

section is added:

Mediation discussions confidential

27.1 A person must not disclose, or be compelled to disclose, information obtained in a mediation or in another alternative dispute resolution process in respect of an application under this Act, except

(

a) with the consent of everyone who participated in the mediation or other alternative dispute resolution process, or

(

b) to the extent necessary to make or implement an agreement regarding compensation or costs.

Section 48 (4) is repealed.

Family Relations Act

19 The Family Relations Act, R.S.B.C. 1996, c. 128, is amended

by adding the following section:

Paternity tests

95.1

(1) In this section, "paternity tests"

include human leukocyte antigen tissue tests and tests of the deoxyribonucleic

acid (DNA) in tissue or blood to identify the inheritable characteristics of

the tissue or blood.

(2) If a male person denies responsibility under

section 88 (1) on the basis that he is not the father of the child, the court may order putative parents and the child to have tissue or blood samples, or both, taken by a medical practitioner or other qualified person so that paternity tests can be done on the samples.

(3) An order under subsection (2) may include any terms or conditions the court considers appropriate and may require a putative parent to pay all or part of the cost of the paternity tests.

(4) The results of paternity tests done under subsection (2) may be introduced as evidence in a proceeding for an order under this Part.

(5) If a putative parent named in an order under subsection (2) fails to comply with the order, the court may draw any inference from that failure that the court considers appropriate.

Financial Institutions Act

Section 37 (1.1) (

c) of the Financial Institutions Act, R.S.B.C.

1996, c. 141, is amended by striking out "the Minister of Finance and

Corporate Relations." and substituting "the administrator."

Forest Act

Section 43.5 (1.2) of the Forest Act, R.S.B.C. 1996, c. 157,

is amended by striking out "subsection (1)" and substituting "subsection

(1.1)" .

Freedom of Information and Protection of Privacy Act

Section 49 (1.2) of the Freedom of Information and Protection

of Privacy Act, R.S.B.C. 1996, c. 165, is repealed and the following substituted:

(1.2) Despite

section 66, the head of a police force may not delegate the power to make a request under subsection (1.1) (b).

(1.3) Despite

section 66, the Attorney General may only delegate the power to make a request under subsection (1.1) (

b) to the Assistant Deputy Attorney General, Criminal Justice Branch.

Schedule 2 is amended

(

a) by striking out the following:

Public Body:

Criminal Record Check Appeal Panel

Head:

Chair

Public Body:

Environmental Assessment Board

Head:

Chair

Public Body:

Health Professions Council

Head:

Chair

Public Body:

Motion Picture Appeal Board

Head:

Chair

Public Body:

Science Council of British Columbia

Head:

Minister of Competition, Science and Enterprise

Public Body:

Workers' Compensation Review Board

Head:

Chair , and

(

b) by adding the following:

Public Body:

Workers' Compensation Appeal Tribunal

Head:

Chair .

24 The Supplement to the Freedom of Information and Protection

of Privacy Act is repealed.

Insurance (Motor Vehicle) Act

Section 30.1 (1) of the Insurance (Motor Vehicle) Act, R.S.B.C.

1996, c. 231, is amended in the definition of "motor vehicle indebtedness"

by adding "and" at the end of paragraph (

e) and by

repealing paragraph (f).

26 Sections 45 (2) (

y) and 46.1 are repealed.

Interjurisdictional Support Orders Act

Section 11 (3) of the Interjurisdictional Support Orders Act,

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

(3) Sections 95 and 95.1 of the Family Relations Act apply to the determination of parentage under this section.

Liquor Control and Licensing Act

Section 36 (1) of the Liquor Control and Licensing Act, R.S.B.C.

1996, c. 267, is amended by striking out "or" at the end of paragraph

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

b) and by adding

the following paragraph:

(c)

section 204 (1) (

c) of the Criminal Code .

Lobbyists Registration Act

Section 4 (1) (

g) of the Lobbyists Registration Act, S.B.C.

2001, c. 42, is repealed and the following substituted:

(

g) the name of any member of the Legislative Assembly if a consultant lobbyist or in-house lobbyist named in the return has lobbied or expects to lobby, during the relevant period,

(

i) the member, or

(ii) a person on the member's staff

concerning a matter that involves the member's capacity as a member;

(g.1) the name of any minister if a consultant lobbyist or in-house lobbyist named in the return has lobbied or expects to lobby, during the relevant period,

(

i) the minister, or

(ii) a person on the minister's staff

concerning a matter that involves the minister's capacity

as a minister; .

Motor Vehicle Act

Section 16 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318,

is amended by adding the following subsection:

(4) This

section does not apply to a trailer licensed under this Act with a licensed vehicle weight of 1400 kg or less.

Section 60 is amended

(

a) in subsection (4) by striking out "Subject to subsections

(5) and (6), and

section 27," and substituting "Subject to subsections

(5) and (6),

section 27 and any regulations under this section," , and

(

b) by adding the following subsections:

(9) If the Lieutenant Governor in Council considers it necessary or advisable, the Lieutenant Governor in Council may make regulations

(

a) extending the term of a driver's licence issued under this Act until the extension is cancelled by a regulation under paragraph (b),

(

b) cancelling the extension of the term of a driver's licence made under paragraph (

a) on a date specified in the regulation, and

(

c) specifying when and how a person holding a driver's licence whose term is extended or whose extension is cancelled under this subsection must be notified of the extension or cancellation of the extension.

(10) A regulation under subsection (9) may

(

b) be different for different persons or driver's licences or categories of persons or driver's licences.

(11) Subsections (9) and (10) are repealed on December 31, 2004, or on an earlier date specified by regulation of the Lieutenant Governor in Council.

Museum Act

Section 33 of the Museum Act, S.B.C. 2003, c. 12, is amended

by striking out "Section 2 (4) and (7)" and substituting "Sections

2 (4) and 7" .

Offence Act

Section 1 of the Offence Act, R.S.B.C. 1996, c. 338, is amended

by repealing the definition of "violation ticket" and substituting

the following:

"violation ticket" means a violation ticket referred to in

section 14 as prescribed under

section 132 (2) (a.1) but does not include the instructions prescribed under

section 132 (2) (a.3); .

Section 14 is amended

(

a) in subsection (4) (

d) and (

e) by striking out "in the manner

and" , and

(

b) by adding the following subsection:

(5.1) A violation ticket that is sent to the Insurance Corporation of British Columbia under subsection (5) is not insufficient or invalid only because the instructions prescribed for the violation ticket under

section 132 (2) (a.3) are not sent to the Insurance Corporation of British Columbia with the violation ticket.

Section 15 is amended

(

a) in subsection (1) by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) delivering or causing to be delivered to the address set out in the ticket or to an address set out in the instructions prescribed under

section 132 (2) (a.3) a written notice of dispute, or

(

b) appearing in person at the location set out in the

ticket or at a location set out in the instructions prescribed under

section

132 (2) (a.3) to give notice of dispute. ,

(

b) in subsection (2) by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) delivering or causing to be delivered to the address set out in the ticket or to an address set out in the instructions prescribed under

section 132 (2) (a.3) a written notice of dispute, or

(

b) appearing in person at the location set out in the

ticket or at a location set out in the instructions prescribed under

section

132 (2) (a.3) to give notice of dispute. ,

(

c) by repealing subsection (5) and substituting the following:

(5) A copy of the violation ticket must be referred to the Provincial Court for a hearing when the notice of dispute containing the information referred to in subsection (3) is

(

a) delivered to the address set out in the violation ticket or the address set out in the instructions prescribed under

section 132 (2) (a.3), or

(

b) given at the location set out in the violation ticket

or the instructions prescribed under

section 132 (2) (a.3). ,

(

d) by adding the following subsection:

(8.1) A copy of a violation ticket that is referred to

the Provincial Court under subsection (5) and received by the Provincial Court

under subsection (8) is not insufficient or invalid only because the instructions

prescribed for the violation ticket under

section 132 (2) (a.3) are not referred

to and received by the Provincial Court with the violation ticket, and the court

has jurisdiction to try, determine and adjudge proceedings relating to the violation

ticket in accordance with

section 8. ,

(

e) in subsection (9) by striking out "or" at the end

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

b) and by adding the following paragraph:

(

c) inquiring into whether the person received instructions

prescribed for the ticket under

section 132 (2) (a.3). ,

(

f) in subsection (11) by striking out "the allegation or fine

is deemed not to be disputed and

section 16 (1) applies" and substituting

"the allegation or fine is deemed not to be disputed, the Provincial

Court must not try, determine or adjudge the proceedings and

section 16 (1)

applies" , and

(

g) in subsection (12) (

a) by adding "and the Provincial Court

must not try, determine or adjudge the proceedings" after "disputed" .

Section 18 (2) (

b) is amended by adding ", 15 (12)"

after "14 (11)" .

Section 132 (2) is amended by adding the following paragraph:

(a.3) prescribing instructions that must be printed beside

or on the reverse side of the violation ticket that is given or mailed to or

served on the person who is alleged to have contravened the enactment; .

Patients Property Act

Section 10 (1) of the Patients Property Act, R.S.B.C. 1996,

c. 349, is amended by repealing paragraphs (a), (

b) and (

d) and substituting

the following:

(

b) if property belonging to the patient is discovered after the first passing of accounts under paragraph (

d) and that property is valued at $25 000 or more, the committee must, within 30 days of the discovery of the property, deliver to the Public Guardian and Trustee a true account of the property as it is discovered;

(

d) the committee must pass the committee's accounts

before the Public Guardian and Trustee at the times directed by the Public Guardian

and Trustee, including, if the Public and Guardian Trustee requires it, a true

inventory of the whole estate of the patient, stating the estimated revenue

of it and setting out the debts, credits and effects of the patient to the extent

they have come to the knowledge of the committee; .

Section 16 is repealed and the following substituted:

Special direction limiting powers of committee

(1) On the appointment of a committee, the

court may, by the same order, attach conditions or restrictions on the committee's

exercise of certain rights, privileges or powers specified in the order, including

requiring the written consent of the Public Guardian and Trustee prior to the

committee's exercise of any right, privilege or power.

(2) If, under subsection (1), the court has attached a condition that the consent of the Public Guardian and Trustee is required prior to the committee's exercise of any right, privilege or power, the registrar of the court must send a copy of the court's order to the Public Guardian and Trustee.

Section 24 is amended

(

a) by renumbering the

section as subsection (1),

(

b) in subsection (1) by striking out "On the death" and

substituting "Subject to subsection (2), on the death" , and

(

c) by adding the following subsections:

(2) Despite

section 10 (1) (d), the Public Guardian and Trustee must not require the committee to pass accounts before the Public Guardian and Trustee after the death of the patient.

(3) After the death of the patient, the committee must provide the committee's accounts to

(

a) the executor or administrator of the patient's estate, or

(

b) if the committee and the executor or administrator of the patient's estate are the same person, the beneficiaries of the patient's estate.

(4) The executor, administrator or beneficiaries of the patient's estate may provide to the committee written approval of, and consent to, the accounts received under subsection (3).

(5) If a committee fails to provide its accounts as required under subsection (3), or if the accounts are incomplete or inaccurate, a person entitled to the accounts may require the committee to attend before the court to explain the committee's failure to provide the accounts or to provide a satisfactory accounting, and the court may give the direction it considers proper.

(6) The court may, on being satisfied that no further accounting by the committee is necessary, order at any time that the committee is discharged.

Public Guardian and Trustee Act

41 The Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383,

is amended by adding the following section:

Litigation representative of deceased

6.1

(1) In this section, "litigation representative"

means a person who is appointed by the court to represent, in an action

or other legal proceeding, the estate of a deceased party for whom no other

legal personal representative exists.

(2) The court must not appoint the Public Guardian and Trustee as the litigation representative of a deceased's estate unless

(

a) the deceased left no executor, beneficiary, heir or other appropriate person who is willing and competent to act, and

(

b) the Public Guardian and Trustee provides prior written consent to act as the litigation representative.

(3) A person who requested the court to appoint the Public Guardian and Trustee as litigation representative under subsection (2) must pay, in addition to any other fee imposed by this Act or the regulations, all expenses incurred by the Public Guardian and Trustee resulting from the appointment.

Section 23 is amended

(

a) by adding the following subsection:

(1.1) This

section prevails over a provision in any other

Act relating to fees. ,

(

b) in subsection (2) by adding the following paragraphs:

(b.1) prescribe fees for services performed by employees and agents of the Public Guardian and Trustee,

(b.2) prescribe the manner in which fees are to be calculated, including, alone or in combination, any of the following:

(

i) as a percentage of the income or capital of the estate;

(ii) based on a flat rate;

(iii) as an hourly charge;

(iv) based on the actual costs incurred, , and

(

c) by repealing subsections (5) and (6).

Supreme Court Act

Section 11 of the Supreme Court Act, R.S.B.C. 1996, c. 443,

is amended

(

a) by repealing subsections (3) and (4) and substituting the following:

(3) A master is entitled to the remuneration, allowances

and benefits established under

section 13 (13) to (15) and (17) of the Provincial

Court Act . , and

(

b) in subsection (5) by striking out "and benefits" .

Section 12 is repealed and the following substituted:

Pensions for masters

(1) Subject to this section, a master is entitled

to the pension benefits established under sections 19 to 19.8 of the Provincial

Court Act .

(2) For purposes of giving effect to subsection (1),

(a) "December 1, 2002" is substituted for "January 1,

2001" wherever it appears in sections 19 to 19.8 of the Provincial Court

Act , and

(

b) sections 19 to 19.8 of the Provincial Court Act

are to be read with necessary changes.

Trustee Act

Section 90 of the Trustee Act, R.S.B.C. 1996, c. 464, is amended

by striking out "to an official administrator under

Part 5 of the Estate

Administration Act or" .

Transitional – Offence Act

(1) The Offence Act Forms Regulation, B.C.

Reg. 422/90, made under the Offence Act before the coming into force

of this

section and sections 33 to 35 and 37 of this Act, is deemed to have

been validly made under

section 132 (2) (a.1), and

section 132 (2) (a.3) of

the Offence Act as enacted by

section 37 of this Act.

(2) Section 14 (5.1) of the Offence Act as enacted by

section 34 (

b) of this Act applies in respect of a violation ticket that is issued before or after the coming into force of

section 34 (b).

(3) Section 15 (8.1) of the Offence Act as enacted by

section 35 (

d) of this Act applies in respect of a violation ticket that is issued before or after the coming into force of

section 35 (d).

Commencement

47 Sections 15 to 18 and 29 come into force by

regulation of the Lieutenant Governor in Council.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada