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1997 Legislative Session: 2nd 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 42 – 1997

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 2), 1997

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

of British Columbia, enacts as follows:

British Columbia Buildings Corporation Act

Section 1 of the British Columbia Buildings Corporation Act, R.S.B.C. 1996, c. 33, is

amended by adding the following

definitions:

"public body" means

(

a) a government body as defined by the Financial Administration Act ,

(

b) the government of a province or its agent,

(

d) a municipality,

(

e) a regional district,

(

f) an improvement district,

(

g) the trust council under the Islands Trust Act ,

(

h) the trust fund board under the Islands Trust Act ,

and

(

i) a publicly funded body or agency designated by regulation;

"publicly funded" means receiving money directly or indirectly from taxes or from

the consolidated revenue fund.

Section 4 is amended

(

a) in subsection (1) by adding ", public bodies" after "ministries of government" , and

(

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

(

l) act as agent for any public body;

(

m) incorporate subsidiary companies for the purposes of its undertakings;

(

n) do other things the Lieutenant Governor in Council may authorize by

regulation.

Court Rules Act

Section 1 (2) of the Court Rules Act, R.S.B.C. 1996, c. 80, is amended by adding the

following paragraphs:

(b.1) appearances and applications by telephone or other means of telecommunication before each of those courts;

(b.2) records in each of those courts, including the use of records in electronic or

any other format; .

Health Authorities Act

Section 15 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by striking

out "board or council" wherever it appears and substituting "community health services

society designated by the minister for purposes of this section, board or council" .

Section 21 (2) (

o) is amended by striking out "councils and boards" and substituting

"community health services societies designated by the minister for the purposes of

section 15, boards and councils" .

Hospital District Act

6 The Hospital District Act, R.S.B.C. 1996, c. 202, is amended by adding the following

section:

Transitional boards continued to manage old debt

2.1

(1) In this section:

"letters patent" , except in subsection (4), means the letters patent of a district

amended as directed by the order;

"order" means Order in Council 1549/95;

"transitional board" means the board of a transitional district;

"transitional district" means a regional hospital district referred to in

Schedule A

of the order.

(2) The letters patent for each transitional district, and all measures taken as provided

for under its letters patent, are valid and have the retroactive effect necessary to

give them effect on or after December 31, 1995.

(3) A transitional board continues for the exercise of the powers and the discharge of

the duties under its letters patent despite the existence of another regional hospital

district covering all or part of its area of British Columbia or the fact that another

board has similar powers or duties.

(4) If a regional hospital district is incorporated under

section 2 (1) (a), or a

municipal regional district is declared under

section 2 (1) (

b) to be a regional

hospital district, for an area of British Columbia covered in whole or part by a

transitional district, the transitional district and the regional hospital district or

municipal regional district co-exist and all powers, functions and duties under the

Act apply to each except insofar as these are limited by its letters patent.

Section 8 is amended by adding the following subsection:

(3) Despite subsections (1) and (2), if an order is made under this subsection, a

regional hospital district board consists of the directors or alternative directors of

the regional district

(

a) recommended by the board of the regional hospital district with the consent

of the municipalities within the regional hospital district area, and

(

b) specified by the Lieutenant Governor in Council.

8 The following

section is added:

Meeting by telecommunication

16.1 If the majority of the members, entitled to vote, of a board, or of an executive

committee or standing committee constituted under

section 21, approve a bylaw or

resolution or conduct an election, or inform the chair of the board of their approval or

vote, by telephone or other means of telecommunication, the bylaw, resolution or

election is as valid and effectual as if it had been passed at a meeting of the board,

executive committee or standing committee properly called and constituted.

9 The following

section is added:

Appointment of an administrator

49.1

(1) If the minister has reasonable grounds to believe that the public interest so

requires, the minister may appoint an administrator to operate a district for a

period specified by the minister, and the minister must serve a notice of

appointment of an administrator on the chair of the board for the district.

(2) On the appointment of an administrator under this section, the directors and

alternate directors of the district cease to hold office unless otherwise ordered by

the Lieutenant Governor in Council.

(3) The administrator may exercise all powers of the district.

(4) The administrator must, at the end of the period of the appointment, render an

accounting of the operation to the minister, and any excess of revenue over

expenditure shall, after deduction of the administrator's fees, be paid to the

district.

(5) The minister must determine the fees to be paid to the administrator, but, if there

is insufficient money to pay those fees, the minister must pay the difference.

(6) The minister may specify

district during the transition period preceding the ending of the appointment

of the administrator, or

(

b) how the district will operate after the ending of the appointment of the

administrator.

Section 51 (2) (

m) is repealed.

11 The Supplement to the Hospital District Act is repealed.

Motor Fuel Tax Act

Section 12 (

b) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by striking

out "1.5¢ per litre" and substituting "2.5¢ per litre" .

Offence Act

13 The Offence Act, R.S.B.C. 1996, c. 338, is amended by adding the following section:

Use of data records

10.1

(1) In this section, "data record" means a record in an electronic or other format but

does not include a record in paper format.

(2) If a rule of law, custom or practice requires information to be recorded or

presented in writing, the requirement is deemed to be satisfied if the information

is recorded or presented in a format that enables the information to be subsequently displayed or immediately accessible in visible form.

(3) If a rule of law, custom or practice requires information to be signed or endorsed,

the requirement is deemed to be satisfied in the case of a data record if

(

a) a method of authentication is used to indicate

(

i) by whom the data record was created or communicated, and

(ii) that the person who is required to sign or endorse the record approved

of the information in the record, and

(

b) the method of authentication is reliable and appropriate for that data record.

(4) If a rule of law, custom or practice requires information to be presented in its

original form, the requirement is deemed to be satisfied in the case of a data

record by the presentation of the data record or a paper copy of the data record if

there is a reasonable assurance as to the integrity of the information being

presented.

(5) A data record is deemed to maintain the integrity of the information being

presented even though the information in the data record is modified if

(

a) any modifications to the information in the data record are documented in a

manner that records the name of the person authorizing the modification,

the name of the person making the modification, the date and time when the

modification was made and the content of the modification, and

(

b) the information referred to in paragraph (

a) is available for presentation.

(6) A person who uses a data record for the purpose of making a statement under oath

must, instead of swearing or affirming an oath, sign a statement in accordance

with subsection (3) that all matters contained in the data record are true to the

person's knowledge and belief, and a data record containing such a statement is

deemed to be made under oath.

(7) This

section must not be construed to limit the use of a data record or to prevent

the signing, endorsement or presentation of a data record in any other manner

authorized under an enactment or allowed by a court.

14 The following

section is added:

Validation of service

31.1 If a document has been served in any manner, including electronically, the court may

make an order validating the service if the court is satisfied that

(

a) the document came to the notice of the person to be served, or

(

b) the document was served in such a manner that it would have come to the

notice of the person to be served except for the person's own attempts to

evade service.

15 The following

section is added:

Remote appearance

64.1

(1) The defendant, prosecutor or applicant or a counsel may appear by telephone or

other means of telecommunication approved by the court for any part of the trial

other than a

part in which the oral evidence of a witness is taken.

(2) A defendant is entitled to have counsel present at the time of an appearance

referred to in subsection (1).

(3) No plea of guilty may be taken or sentence pronounced at an appearance referred

to in subsection (1) without the consent of the prosecutor and the defendant.

Section 132 (2) is amended by renumbering paragraph (

a) as paragraph (a.1) and by

adding the following paragraph:

(

a) defining an expression used in

section 10.1 that is not otherwise defined in

this Act; .

Supreme Court Act

Section 8 (1) of the Supreme Court Act, R.S.B.C. 1996, c. 443, is amended

(

a) by striking out "The counties, as defined by the County

Boundary Act, constitute judicial districts as follows:" and substituting

"Judicial districts are constituted by counties, as defined by the County

Boundary Act , such that:" , and

(

b) by repealing paragraphs (

c) and (

d) and substituting:

(d.1) the County of Vancouver and the County of Westminster are collectively a

judicial district under the name of the "Vancouver Westminster Judicial

District"; .

Section 9 is amended by adding the following subsection:

(2.1) Without limiting subsection (2), and despite any rule of law or enactment to the

contrary, any criminal or civil matter that under any rule of law or enactment is

to be or must be heard, or that an accused or a party is entitled to have heard, by

the court in one of the County of Vancouver or the County of Westminster may

be heard at any place within the Vancouver Westminster Judicial District that the

court appoints.

Commencement

(1) Sections 12, 17 and 18 come into force on July 1, 1997 and are retroactive to the

extent necessary to give them effect on and after that date.

(2) Sections 1 to 11 and 13 to 16 come into force by regulation of the Lieutenant

Governor in Council.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 came into force on April

21, 1997.]

British Columbia Buildings Corporation Act

(Ministry of Employment and Investment)

SECTION 1: [British Columbia Buildings Corporation Act, amends

section 1] adds new

definitions of "public body" and "publicly funded".

SECTION 2: [British Columbia Buildings Corporation Act, amends

section 4] expands the

mandate of the corporation so that in addition to providing services to government it may also provide services to a public body.

Court Rules Act

(Ministry of Attorney General)

SECTION 3: [Court Rules Act, adds

section 1 (2) (b.1) and (b.2)] allows for rules of court

to be made respecting remote appearances before the courts and the use of

records in electronic and other format in the courts.

Health Authorities Act

(Ministry of Health)

SECTIONS 4 and 5: [Health Authorities Act, amend sections 15 and 21 (2) (o)] allow community

health services societies to be exempted from a tax or fee.

Hospital District Act

(Ministry of Health)

SECTION 6: [Hospital District Act, enacts

section 2.1] validates Order in Council 1549/95

and preserves the boards of the regional hospital districts referred to in that

order in council to carry out the limited powers and duties specified in the

letters patent of each.

SECTION 7: [Hospital District Act, adds

section 8 (3)] allows the memberships on the

board of a regional hospital district to be reduced with the approval of the

municipal regional district.

SECTION 8: [Hospital District Act, enacts

section 16.1] facilitates the holding of board or

committee meetings by telecommunication.

SECTION 9: [Hospital District Act, enacts

section 49.1] allows the appointment of an

administrator if this is required in the public interest.

SECTION 9: [Hospital District Act, enacts

section 49.1 – continued]

SECTION 10: [Hospital District Act, repeals

section 51 (2) (m)] repeals a redundant provision.

SECTION 11: [Hospital District Act, repeals the Supplement to the Hospital District Act]

repeals amendments to the Hospital District Act that were never brought into

force and are not required.

Motor Fuel Tax Act

(Ministry of Health)

SECTION 12: [Motor Fuel Tax Act, amends

section 12 (b)] on behalf of the Victoria

Regional Transit Commission, raises revenue for the local share of transit costs

by increasing the rate of motor fuel tax on gasoline and motive fuel purchased

in the Victoria Regional Transit Service Area by 1¢ a litre.

Offence Act

(Ministry of Attorney General)

SECTION 13: [Offence Act, enacts

section 10.1] authorizes the use of electronic documents

in proceedings under the Offence Act .

SECTION 14: [Offence Act, enacts

section 31.1] permits the court to recognize service by

electronic or other means.

SECTION 15: [Offence Act, enacts

section 64.1] allows for the use of remote appearances by

defendants, counsel and applicants.

SECTION 16: [Offence Act, amends

section 132 (2)] adds the authority to make regulations

defining expressions used in

section 10.1 of the Offence Act as proposed in

section 13 of this Bill.

Supreme Court Act

(Ministry of Attorney General)

SECTION 17: [Supreme Court Act, amends

section 8 (1)] provides that the counties of

Vancouver and Westminster collectively constitute a judicial district named the

"Vancouver Westminster Judicial District".

SECTION 18: [Supreme Court Act, adds

section 9 (2.1)] allows the court to direct that any

civil or criminal matter that may be heard in the County of Vancouver or the

County of Westminster may be heard anywhere in the Vancouver Westminster

Judicial District that the court appoints.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada