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2005 Legislative Session: 6th 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 3 – 2005

MISCELLANEOUS STATUTES AMENDMENT ACT, 2005

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

Crime Victim Assistance Act

Section 2 (

b) of the Crime Victim Assistance Act , S.B.C. 2001, c. 38, is amended by adding " , if compensation under the Workers Compensation Act , the Government Employees Compensation Act (Canada) or a similar Act in another jurisdiction is payable with respect to the death or injury " after " person's employment ".

Expropriation Amendment Act, 2004

Section 21 of the Expropriation Amendment Act, 2004 , S.B.C. 2004, c. 61, is repealed and the following substituted:

Transitional – regulations

(1) During the 2 years following the date on which this

section comes into force, the Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing this Act into operation, including regulations to prevent, minimize, resolve or otherwise address any transitional difficulties encountered in doing so.

(2) A regulation under this

section may be made retroactive to a date no earlier than the date this

section comes into force.

Forest and Range Practices Act

Section 178 of the Forest and Range Practices Act , S.B.C. 2002, c. 69, is amended

(

a) in subsection (3) by striking out " January 1, 2006 " and substituting " January 1, 2007 ", and

(

b) by adding the following subsection:

(4) The Lieutenant Governor in Council by regulation may substitute a date that is no later than January 1, 2008 for the date referred to in subsection (3).

Section 187 is amended

(

a) by repealing subsection (1) (

c) and substituting the following:

(

c) subject to paragraph (

d) and to subsection (3), December 31, 2006, or , and

(

b) by adding the following subsection:

(3) The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c).

Section 188 is amended

(

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

(1) Despite

section 3, but subject to subsection (6) (a), on or before December 31, 2005 a timber sales manager or a holder of an agreement under the Forest Act may prepare and submit for the district manager's approval a forest development plan under this section. ,

(

b) by repealing subsection (4) (

c) and substituting the following:

(

c) subject to paragraph (

d) and to subsection (6) (b), December 31, 2006, or , and

(

c) by adding the following subsection:

(6) The Lieutenant Governor in Council by regulation

(

a) may substitute a date that is no later than December 31, 2006 for the date referred to in subsection (1), and

(

b) may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (4) (c).

Section 199 is repealed and the following substituted:

Grandparenting forest development plans

(1) A forest development plan that is held by the holder of a woodlot licence, was approved under the Code and was in effect immediately before the effective date is deemed to be a forest development plan under this Act and remains in effect until whichever happens first,

(

a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,

(

b) the plan is replaced with a woodlot licence plan prepared in accordance with this Act, or

(

c) subject to subsection (2), the later of

(

i) December 31, 2006, and

(ii) the end of the term specified in the approval of the plan.

(2) The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c) (i).

Section 200 is amended

(

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

(1) Despite

section 12, but subject to subsection (4), on or before December 31, 2005, a holder of a woodlot licence may prepare and submit for the district manager's approval a forest development plan under this section. ,

(

b) by repealing subsection (3) (

c) and substituting the following:

(

c) subject to subsection (4), the later of

(

i) December 31, 2006, and

(ii) the end of the term specified in the approval of the plan. , and

(

c) by adding the following subsection:

(4) The Lieutenant Governor in Council by regulation

(

a) may substitute a date that is no later than December 31, 2006 for the date referred to in subsection (1), and

(

b) may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (3) (c) (i).

Section 205 is amended

(

a) in subsection (1) by repealing paragraphs (

a) to (

d) and substituting the following:

(

a) the agreement for which the plan was prepared expires and is not replaced or is cancelled, surrendered or otherwise terminated,

(

b) the plan is replaced with a range use plan or a range stewardship plan prepared in accordance with this Act, or

(

c) subject to subsection (3), December 31, 2006. ,

(

b) in subsection (2) by striking out " subsection (1) (

a) to (d) " and substituting " subsection (1) (

a) to (c) ", and

(

c) by adding the following subsection:

(3) The Lieutenant Governor in Council by regulation may substitute a date that is no later than December 31, 2007 for the date referred to in subsection (1) (c).

Land Title Act

Section 115 (2) of the Land Title Act , R.S.B.C. 1996, c. 250, is amended by striking out "

section 3 " and substituting "

section 57 " and by striking out "

section 3.1 " and substituting "

section 58 ".

Section 373.52 (6) (

b) is amended by striking out " Minister of Transportation and Highways " and substituting " minister charged with the administration of the Transportation Act ".

Motor Vehicle Act

Section 220 (10) of the Motor Vehicle Act , R.S.B.C. 1996, c. 318, is amended by striking out " and is liable to a fine of not more than $100 ".

Motor Vehicle Amendment Act, 2004

Section 10 of the Motor Vehicle Amendment Act, 2004 , S.B.C. 2004, c. 68, as it enacts

section 95 (1) (

d) of the Motor Vehicle Act , R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(

d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.

Section 21 (

a) as it enacts

section 234 (2) (

b) of the Motor Vehicle Act is repealed and the following substituted:

(

b) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.

Municipalities Enabling and Validating Act (No. 3)

14 The Municipalities Enabling and Validating Act (No. 3) , S.B.C. 2001, c. 44, is amended by adding the following Part:

Part 5 – 2005

Nanaimo Centre loan authorization bylaw

(1) In this section, "proposed Nanaimo Centre bylaw" means the proposed bylaw given first reading by the council of the City of Nanaimo on October 18, 2004 and cited as the "New Nanaimo Centre Loan Authorization Bylaw 2004 No. 5750".

(2) Section 135 (5) [order of obtaining inspector approval and elector approval] of the Community Charter does not apply to the proposed Nanaimo Centre bylaw and, instead, the approval of the electors must be obtained for the bylaw before it is submitted for the approval of the inspector.

(3) This

section is deemed to have come into force on October 18, 2004 and 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.

Park Act

Section 28 (5) (

b) of the Park Act , R.S.B.C. 1996, c. 344, is amended by striking out " subsection (2), " and substituting " subsection (6), ".

Property Transfer Tax Act

Section 14 (4) (

p) of the Property Transfer Tax Act , R.S.B.C. 1996, c. 378, is repealed and the following substituted:

(

p) a transfer from a settlor to the Public Guardian and Trustee or a trustee that is a trust company or credit union authorized under the Financial Institutions Act to carry on trust business by a business authorization under that Act, if

(

i) the settlor is a natural person,

(ii) the settlor was the registered owner of the fee simple interest in the land immediately before the transfer to the trustee,

(iii) the administration of the trust estate is for the sole benefit of the settlor, and

(iv) on the termination of the trust the land reverts to the settlor or to the executor or administrator of the settlor's estate; .

Referendum Act

Section 6 of the Referendum Act , R.S.B.C. 1996, c. 400, is repealed and the following substituted:

Regulations

(1) The Lieutenant Governor in Council may make regulations

(

a) providing that specified provisions of the Election Act apply to and in relation to a referendum under this Act, and

(

b) adapting any provisions of that Act with changes that the Lieutenant Governor in Council considers appropriate.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations that the Lieutenant Governor in Council considers necessary or advisable respecting the manner by which a referendum under this Act is to be conducted.

Small Business Venture Capital Act

Section 28.93 (

e) of the Small Business Venture Capital Act , R.S.B.C. 1996, c. 429, is amended by striking out " the eligible investor " and substituting " the eligible business corporation ".

Commencement

19 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 1

June 30, 2002

Section 11

By regulation of the Lieutenant Governor in Council

Section 16

December 31, 2004

Section 17

February 1, 2005

Explanatory Notes

Crime Victim Assistance Act

(Ministry of Public Safety and Solicitor General)

SECTION 1: [Crime Victim Assistance Act,

section 2] expands, retroactively, the application of the Act to include persons injured or killed in the course of their employment, but only if compensation under the Workers Compensation Act , the Government Employees Compensation Act (Canada) or a similar Act is not payable with respect to those injuries or that death.

Expropriation Amendment Act, 2004

(Ministry of Attorney General)

SECTION 2: [Expropriation Amendment Act, 2004,

section 21] allows regulations to be

made to overcome any transitional difficulties arising from the amendments to

the Expropriation Act effected by the Expropriation Amendment Act, 2004 .

Forest and Range Practices Act

(Ministry of Forests)

SECTION 3: [Forest and Range Practices Act,

section 178]

extends by one year the date for making transitional regulations;

enables another date to be substituted by regulation for the date in subsection (3).

SECTION 4: [Forest and Range Practices Act,

section 187]

extends by one year the date on which a forest development plan ceases to have effect;

enables another date to be substituted by regulation for the date in subsection (1) (c).

SECTION 5: [Forest and Range Practices Act,

section 188]

extends by one year the date on which a forest development plan can be submitted for approval;

extends by one year the date on which a forest development plan that was submitted for approval under subsection (1) ceases to have effect;

enables another date to be substituted by regulation for the dates in subsection (1) or (4) (c).

SECTION 6: [Forest and Range Practices Act,

section 199]

extends by one year the date on which a forest development plan for a woodlot licence ceases to have effect;

enables another date to be substituted by regulation for the date in subsection (1);

harmonizes the language of the

section with sections 187 and 188.

SECTION 7: [Forest and Range Practices Act,

section 200]

extends by one year the date on which a forest development plan for a woodlot licence can be submitted for approval;

extends by one year the date on which a forest development plan ceases to have effect;

enables another date to be substituted by regulation for the dates in subsections (1) and (3) (c);

harmonizes the language of the

section with sections 187 and 188.

SECTION 8: [Forest and Range Practices Act,

section 205]

extends by one year the date on which a range use plan ceases to have effect;

repeals a provision that is no longer applicable;

enables another date to be substituted by regulation for the date in subsection (1) (c).

Land Title Act

(Ministry of Sustainable Resource Management)

SECTION 9: [Land Title Act,

section 115] corrects cross-reference errors.

SECTION 10: [Land Title Act,

section 373.52] harmonizes the language of subsection (6) (

b) with that of subsection (6) (a).

Motor Vehicle Act

(Ministry of Public Safety and Solicitor General)

SECTION 11: [Motor Vehicle Act,

section 220] removes the limit on the amount of the fine

on conviction for an offence relating to seat belt assemblies.

Motor Vehicle Amendment Act, 2004

(Ministry of Public Safety and Solicitor General)

SECTION 12: [Motor Vehicle Amendment Act, 2004,

section 10] restores the existing

section 95 (1) (

d) of the Motor Vehicle Act , but with a higher minimum fine.

SECTION 13: [Motor Vehicle Amendment Act, 2004,

section 21] restores the existing

section 234 (2) (

b) of the Motor Vehicle Act , but with a higher minimum fine.

Municipalities Enabling and Validating Act (No. 3)

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

SECTION 14: [Municipalities Enabling and Validating Act (No. 3),

Part 5] reverses the

usual order of approvals for the described bylaw, effective from the date on

which it received first reading.

Park Act

(Ministry of Water, Land and Air Protection)

SECTION 15: [Park Act,

section 28] corrects a cross-reference error.

Property Transfer Tax Act

(Ministry of Provincial Revenue)

SECTION 16: [Property Transfer Tax Act,

section 14] corrects an amendment to the

Property Transfer Tax Act that inadvertently repealed subparagraphs (

i) to (iv)

of subsection (4) (p), and makes the correction retroactive to the date the

amendment came into force.

Referendum Act

(Ministry of Attorney General)

SECTION 17: [Referendum Act,

section 6] clarifies the authority to make regulations

adopting provisions of the Election Act for the purposes of a referendum.

Small Business Venture Capital Act

(Ministry of Small Business and Economic Development)

SECTION 18: [Small Business Venture Capital Act,

section 28.93] corrects a reference.

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© 2005: Queen's Printer, Victoria, British Columbia, Canada