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1998 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 23rd day of July, 1998

Ian D. Izard, Law Clerk

HONOURABLE JOY K. MacPHAIL

MINISTER OF FINANCE AND

CORPORATE RELATIONS

BILL 44 – 1998

REGULATORY STREAMLINING MISCELLANEOUS

STATUTES AMENDMENT ACT, 1998

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

Province of British Columbia, enacts as follows:

Agricultural and Rural Development (BC) Act

1 The Agricultural and Rural Development (BC) Act, R.S.B.C. 1996, c. 8, is

repealed.

Boom Chain Brand Act

2 The Boom Chain Brand Act, R.S.B.C. 1996, c. 31, is repealed.

Credit Union Incorporation Act

Section 70 (2) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is

repealed and the following substituted:

(2) A member may vote by proxy only if

(

a) the member is voting as a holder of shares in a class of equity shares that are not

membership shares,

(

b) the rules of the credit union allow auxiliary members to vote by proxy as holders

of shares in the class referred to in paragraph (a), and

(

c) the vote is on a matter on which, under the rules referred to in paragraph (b),

members holding shares in the class referred to in paragraph (

a) are permitted to vote by

proxy.

Crown Proceeding Act

Section 14 (3) of the Crown Proceeding Act, R.S.B.C. 1996, c. 89, is repealed.

Employee Investment Act

Section 40 (4) of the Employee Investment Act, R.S.B.C. 1996, c. 112, is

amended by adding the following paragraph:

(c.1) increase the amount that may be released from the investment protection account

referred to in

section 23; .

Estate Administration Act

6 Sections 115 (2) and 118 (3) of the Estate Administration Act, R.S.B.C. 1996,

c. 122, are repealed.

Evidence Act

Section 51 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended by

repealing paragraph (

d) of the definition of "health care professional" .

Farm Distress Assistance Act

8 The Farm Distress Assistance Act, R.S.B.C. 1996, c. 129, is repealed.

Farm Product Industry Act

9 The Farm Product Industry Act, R.S.B.C. 1996, c. 132, is repealed.

Financial Institutions Act

Section 71 of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is

repealed.

Section 84 (2) is amended by striking out "an affidavit" and

substituting "a certificate of death, or certified copy of a certificate of

death, as described in

section 38 of the Vital Statistics Act or an affidavit" .

Section 173 (1) (c) (vii) is repealed and the following substituted:

(vii) if applying for an agent's licence for general insurance, will when licensed

(

A) be given, or

(

B) be employed by an insurance agent that is given

by at least one insurer authorized to carry on general insurance business the standard

inclusive authority that is in use by that insurer to bind that insurer under homeowners'

and tenants' contracts of insurance or other contracts of insurance approved by the

council, .

Section 174 (3) is repealed.

Section 221 (1) (

a) is repealed and the following substituted:

(

a) licensed as an agent, salesperson or adjuster, is an officer or employee of a

licensed insurer or is an individual described in

section 220 (3) (f), and .

Section 228 (1) (

a) is repealed and the following substituted:

(

a) an insurance agent licensed in respect of general insurance business ceases to meet

the requirements of

section 173 (1) (c) (vii), .

Fisheries Act

Section 22 (4) of the Fisheries Act, R.S.B.C. 1996, c. 149, is repealed.

Forest Land Reserve Act

17 The Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is amended by adding the

following section:

Forest reserve land on certificate of title

12.1

(1) In this

section "registrar" means the registrar

defined in

section 1 of the Land Title Act .

(2) This Act governs the use of forest reserve land whether or not notice under

subsection (3) is filed in the land title office.

(3) The chief officer may file a notice in the land title office stating that the

forest reserve land described in the notice is governed by this Act.

(4) A notice under subsection (3) must contain a description of the land that is

sufficient for the registrar to identify the land in the records.

(5) On receipt of a notice under subsection (3), the registrar must endorse, on the

title of the land affected, a notation stating that the title may be affected by this Act.

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

employee described in

section 10 of the Land Title Act , in relation to making a

notation under subsection (5),

(

a) the registrar is not liable nor is the government liable vicariously, and

(

b) the assurance fund of the Attorney General as a nominal defendant is not liable

under

Part 20 of the Land Title Act

for any loss or damage sustained by any person because of this delay, omission, mistake

or misfeasance.

Fur Farm Act

Section 4 of the Fur Farm Act, R.S.B.C. 1996, c. 167, is repealed.

Grasshopper Control Act

19 The Grasshopper Control Act, R.S.B.C. 1996, c. 174, is repealed.

Hotel Room Tax Act

Section 10 of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207, is renumbered as

section 10 (1) and the following subsection added:

(2) If the director is satisfied that an operator has remitted to the director an

amount as collected taxes that the operator neither collected nor was required to collect

under this Act, the director must refund the amount to the operator from the consolidated

revenue fund.

Labour Relations Code

Section 51 of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by

striking out "with the minister and" .

Land Surveyors Act

Section 11 (2) of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is amended by

striking out "or address in the last list published in the Gazette under

section 34 that contains the member's name" .

Section 34 is amended

(

a) in subsection (1) (

a) by striking out "with their last known

addresses" , and

(

b) in subsection (2) (

a) by striking out "and address" .

Land Title Act

Section 151 of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed.

Law and Equity Act

Section 6 of the Law and Equity Act, R.S.B.C. 1996, c. 253, is repealed.

Liquor Distribution Act

26 The Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended by adding the

following section:

Delegation of powers, duties or functions

13.1 The general manager may authorize in writing any person referred to in

section 12 (3) to carry out any of the powers, duties or functions of the general manager

under this Act or under regulations made under this Act.

Section 15 (1) is amended by striking out "minister" wherever

it appears and substituting "minister or person designated in writing by the

minister for the purposes of this subsection" .

Section 18 (5) is amended by striking out "minister" wherever

it appears and substituting "minister or person designated in writing by the

minister for the purposes of this subsection" .

29 The Supplement to the Liquor Distribution Act is repealed.

Ministry of Lands, Parks and Housing Act

Section 7 (2) of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996,

c. 307, is amended by striking out "but, except with the approval of the

Lieutenant Governor in Council, money must not be paid out that is not to be

recovered" .

Motor Carrier Act

Section 2 of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended by

adding the following subsections:

(3) The Lieutenant Governor in Council may make regulations exempting any person or

motor vehicle, or class of person or motor vehicle, from the application of any provision

of this Act respecting a requirement under

section 3, 11 (1) or 12 (1) to carry a

certificate or to display a licence plate, or limiting or varying the application of the

requirement in any manner, and the exemption, limitation or variation is of the same force

and effect as if set out in this Act.

(4) If there is a conflict between a regulation made under subsection (2) and a

regulation made under subsection (3), the regulation made under subsection (3) applies.

Motor Fuel Tax Act

Section 20 of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is renumbered as

section 20 (1) and the following subsection added:

(2) If the director is satisfied that a collector has remitted to the director an

amount as collected taxes that the collector neither collected nor was required to collect

under this Act, the director must refund the amount to the collector from the consolidated

revenue fund.

Nurses (Registered) Act

Section 23 (3) of the Nurses (Registered) Act, R.S.B.C. 1996, c. 335, is

amended by striking out "under the Nurses (Registered Psychiatric) Act

or as" wherever it appears and substituting "as a Registered

Psychiatric Nurse or" .

Nurses (Registered Psychiatric) Act

34 The Nurses (Registered Psychiatric) Act, R.S.B.C. 1996, c. 336, is repealed.

Pension Benefits Standards Act

Section 1 of the Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, is

amended by adding the following subsection:

(3.1) Despite the definition of "multi-employer plan" in subsection (1), the

superintendent may exempt a pension plan from that definition if the superintendent

considers that an exemption is in the best interest of the plan members.

Section 8 (4) is repealed and the following substituted:

(4) If the plan contains a defined benefit provision, the administrator must

(

a) have the plan reviewed in accordance with the regulations, and

(

b) have the results of the review set out in the form of an actuarial valuation

report.

Section 9 is amended

(

a) by repealing subsection (3) (b) (ii),

(

b) in subsection (4) by striking out "or cost certificate" in

both places, and

(

c) by repealing subsection (6).

Section 10 (4) (

f) is amended by striking out "cost

certificate" and substituting "actuarial valuation report" .

Section 14 (2) is amended

(

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

(

b) by repealing paragraph (a) (iv),

(

c) in paragraph (a) (

v) by striking out "that relates to the

administration of the plan" , and

(

d) in paragraph (b) (

i) by striking out "and cost certificate" .

Section 15 is amended

(

a) in subsection (1) (

b) by striking out "section 14 (2) (a) (ii)

to (v)," and substituting "section 14 (2) (a) (ii), (iii) or

(v)," , and

(

b) in subsection (2) by striking out "section 14 (2) (a) (ii) to

(v)" and substituting "section 14 (2) (a) (ii) or (v)" .

Section 41 (3) is amended by striking out "and cost

certificates" .

Private Post-Secondary Education Act

Section 5 of the Private Post-Secondary Education Act, R.S.B.C. 1996, c. 375,

is amended by adding the following subsection:

(3) If the registration of an institution is suspended under

section 7 (3) or (4) (d)

(ii), the institution, during the period of the suspension,

(

a) may continue to provide post-secondary education, subject to the conditions the

executive director may specify under

section 7 (4) (d) (ii), to students enrolled and in

good standing at the institution on the date the suspension is issued, and

(

b) must not enroll, provide post-secondary education to, or offer to enroll or provide

post-secondary education to, students other than those described in paragraph (a).

Public Service Labour Relations Act

Section 4 (

a) of the Public Service Labour Relations Act, R.S.B.C. 1996, c.

388, is amended by striking out "the Nurses (Registered Psychiatric) Act

or" and substituting "the Health Professions Act as a

Registered Psychiatric Nurse or under" .

Real Estate Act

Section 17 of the Real Estate Act, R.S.B.C. 1996, c. 397, is amended by adding

the following paragraph:

(b.1) money paid into the consolidated revenue fund under

section 17.2.

45 The following

section is added:

Unclaimed money in a trust account

17.2

(1) Money in a trust account maintained in British Columbia by an agent is

deemed to be unclaimed money deposits for the purposes of this

section if

(

a) the money has been unclaimed for 5 or more years,

(

b) the identity of the person entitled to claim the money is known and is not in

dispute, and

(

c) the agent has made all reasonable efforts to contact the person entitled to claim

the money in order to have that money claimed but those efforts have not succeeded.

(2) Unclaimed money deposits may be paid into the consolidated revenue fund in a manner

satisfactory to the Comptroller General and, on being so paid,

(

a) the unclaimed money deposits form part of the consolidated revenue fund as provided

in the Unclaimed Money Act , and

(

b) sections 2 to 4 of the Unclaimed Money Act apply to the unclaimed money

deposits.

Section 63 (3) is amended by striking out "must hold" and

substituting "must hold in trust" .

Securities Act

Section 9 (

c) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by

striking out "subject to the prior approval of the Treasury Board," .

Small Business Venture Capital Act

48 Sections 3 (2), 9 (2) and 20 (8) of the Small Business Venture Capital Act,

R.S.B.C. 1996, c. 429, are repealed.

Section 29 is amended by striking out "in the prescribed

manner" .

Social Service Tax Act

Section 77 (e) (ii) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is

amended by striking out "under Division 1 of

Part 2, except

section 11 (3),

on that purchase" and substituting "under this Act, other than

under

section 12, 13 or 15" .

Section 82 is amended by adding the following subsection:

(1.1) If the commissioner is satisfied that a person has remitted to the commissioner

an amount as collected taxes that the person neither collected nor was required to collect

under this Act, the commissioner must refund the amount to the person from the

consolidated revenue fund.

Section 87 (2) is repealed and the following substituted:

(2) On application by a person who paid tax respecting tangible personal property that

the person purchased in British Columbia, brought or sent into British Columbia or took

delivery of in British Columbia, the commissioner must refund to that person out of the

consolidated revenue fund the tax paid if

(

a) that person is a manufacturer of portable buildings within the meaning of the

regulations,

(

b) the tangible personal property was processed, fabricated or manufactured into,

attached to or incorporated into a portable building within the meaning of the

regulations, and

(

c) the portable building referred to in paragraph (

b) is shipped by the manufacturer

for delivery and use outside British Columbia.

Threshers' Lien Act

53 The Threshers' Lien Act, R.S.B.C. 1960, c. 379, is repealed.

Tobacco Tax Act

Section 17 of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is renumbered as

section 17 (1) and the following subsection added:

(2) If the director is satisfied that a collector has remitted to the director an

amount as collected taxes that the collector neither collected nor was required to collect

under this Act, the director must refund the amount to the collector from the consolidated

revenue fund.

Transitional – Fisheries Act

55 A licence under

section 22 of the Fisheries Act that is in effect on

the date

section 16 of this Act comes into force expires on March 31 next following that

date.

Transitional – Fur Farm Act

56 A licence under

section 2 of the Fur Farm Act that is in effect on the

date

section 18 of this Act comes into force expires on March 31 next following that date.

Transitional – Nurses (Registered Psychiatric) Act

(1) If a health profession for persons registered or formerly registered

under the Nurses (Registered Psychiatric) Act is designated under

section 12 of the

Health Professions Act ,

section 36 of the

Interpretation Act applies and the

Nurses (Registered Psychiatric) Act is deemed to be the "former

enactment" and the Health Professions Act is deemed to be the "new

enactment" for the purposes of this section.

(2) For the purposes of this section,

section 36 of the

Interpretation Act

applies

(

a) to the board established under

section 17 of the Health Professions Act for

the health profession as though the board were, for the purposes of the health profession,

the board defined in

section 1 of the Nurses (Registered Psychiatric) Act,

(

b) to, as circumstances require, the discipline committee or the inquiry committee as

defined in

section 1 of the Health Professions Act for the health profession as

though the discipline committee or the inquiry committee were, for the purposes of the

health profession, the board as defined in

section 1 of the Nurses (Registered

Psychiatric) Act , or a professional conduct committee established under

section 11 of

that Act,

(

c) to bylaws and rules made under the Nurses (Registered Psychiatric) Act as

though they were bylaws made under the Health Professions Act ,

(

d) to regulations made under the Nurses (Registered Psychiatric) Act , and

(

e) to a proceeding commenced under the Nurses (Registered Psychiatric) Act to

investigate or discipline a member of the health profession.

(3) The Lieutenant Governor in Council may make regulations to facilitate the

transition from the former enactment to the new enactment for a health profession.

Commencement

58 This Act comes into force by regulation of the Lieutenant Governor in

Council.

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Queen's Printer, Victoria, British Columbia, Canada