British Columbia Bill 23 (Government) — 4th Parliament, 40th Session — Previous Version 3

4-40 Gov Bill 23-3

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2015 Legislative Session: 4th Session, 40th 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 6th day of May, 2015

Craig James, Clerk of the House

HONOURABLE SUZANNE ANTON

MINISTER OF JUSTICE

BILL 23 – 2015

MISCELLANEOUS STATUTES AMENDMENT ACT, 2015

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

Part 1 – Aboriginal Relations and

Reconciliation Amendments

Maa-nulth First Nations Final Agreement Act

Section 13.2 of the Maa-nulth First Nations Final Agreement Act, S.B.C. 2007, c. 43, is amended by adding the following subsections:

(3.1) If a person is convicted of an offence against a Maa-nulth First Nation Law enacted under law-making authority delegated to a Maa-nulth First Nation in a foreshore agreement, in addition to any penalty provided for in the Maa-nulth First Nation Law, on application by the applicable Maa-nulth First Nation, the court may make an order

(

a) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(

b) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(3.2) An order under subsection (3.1) must specify the duration of the order, which may not exceed one year.

(3.3) A person who fails to comply with an order under subsection (3.1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

(3.4) For the purposes of

section 13.33.7 of

Chapter 13 [Governance] of the Maa-nulth First Nations Final Agreement, a fine imposed in a prosecution of an offence under subsection (3.3) is deemed to be a fine imposed for a violation of a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation.

(3.5) If a person is convicted of an offence against a law referred to in subsection (3.1) of this section, on application by the applicable Maa-nulth First Nation for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

(

a) to pay to the applicable Maa-nulth First Nation compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act , for any damage or loss sustained by that Maa-nulth First Nation because of the commission of the offence, and

(

b) in accordance with the

schedule of costs prescribed under

section 132 (2) (

h) of the Offence Act , if any, to pay to the applicable Maa-nulth First Nation the costs incurred by that Maa-nulth First Nation in investigating and prosecuting the person.

(3.6) In the case of a dispute, the amount of compensation payable under subsection (3.5) (

a) must be proven on a balance of probabilities by the applicable Maa-nulth First Nation.

(3.7) An order under subsection (3.5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

Part 2 – Agriculture Amendments

Natural Products Marketing (BC) Act

Section 1 of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended

(

a) by adding the following definition:

"biosecurity program" means a program that, for the purpose of protecting and promoting the safety of a natural product, does one or more of the following:

(

a) establishes standards or certification programs;

(

b) requires persons engaged in the production of the natural product to

(

i) meet established standards,

(ii) be certified according to an established program,

(iii) take specified measures,

(iv) implement specified procedures or procedures for specified purposes, or

(

v) keep specified records;

(

c) imposes conditions, restrictions or prohibitions on persons engaged in the production of natural products; , and

(

b) in the definition of "marketing" by striking out " producing, buying, selling, " and substituting " producing, packing, buying, selling, storing, ".

Section 2 is amended

(

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

(1) The purpose and intent of this Act is to provide for the promotion, control and regulation of the marketing of natural products, including

(

a) the prohibition of all or part of that marketing, and

(

b) the establishment of biosecurity programs, and the imposition of requirements in relation to insurance, for those engaged in the production of natural products. ,

(

b) in subsection (2) (

a) by striking out " in British Columbia of the production, transportation, packing, storage and marketing " and substituting " of the marketing ",

(

c) by repealing subsection (2) (

c) and substituting the following:

(

c) vest in those marketing boards and commissions the powers considered necessary or advisable to enable them to carry out effectively the purpose and intent of this Act. , and

(

d) in subsection (4) by striking out " the scheme the board " and substituting " the scheme that the marketing board or commission ".

Section 6 is amended by striking out " the board or commission " and substituting " the marketing board or commission ".

5 Sections 8 (8), 8.1 (2) and 8.2 are amended by striking out " commodity board or commission " wherever it appears and substituting " marketing board or commission ".

6 Sections 10 (1) and 12 (1) are amended by adding " promotion, control and regulation of the " before " marketing of a regulated product ".

Section 11 (1) is amended

(

a) in paragraph (

a) by striking out " produced, packed, stored, transported or ",

(

b) in paragraph (

b) by striking out " transported, produced, packed, stored or ",

(

c) in paragraphs (

c) and (

q) by striking out " production, transportation, packing, storage or ",

(

d) in paragraphs (

e) and (

f) by striking out " production, packing, transporting, storing or ",

(

e) in paragraph (

g) by striking out " producing, packing, transporting, storing or marketing " and substituting " engaged in the marketing of ",

(

f) in paragraph (

j) by striking out " production, packing, transporting, storing and marketing of a regulated product from all persons engaged in those activities, " and substituting " marketing of a regulated product from all persons engaged in marketing activities, ",

(

g) in paragraph (

n) by striking out " kept, transported, produced, packed, stored or " and substituting " kept or ",

(

h) in paragraph (

o) by striking out " production or ", and

(

i) in paragraph (

p) by striking out " the board " in both places and substituting " the marketing board or commission ".

Section 13 is amended

(

a) by adding " a marketing board is established under

section 10 or " before " a commission ",

(

b) by striking out " the objects of which are: " and substituting " the objects of those schemes being the following: ", and

(

c) in paragraphs (

b) and (

c) by striking out " production, processing and ".

Section 14 is amended

(

a) by renumbering the

section as

section 14 (1),

(

b) in subsection (1) by striking out " In addition to powers that the Lieutenant Governor in Council may vest in a commission under

section 11, the commission may, " and substituting " In addition to exercising any powers vested under

section 11, a marketing board or commission may, ",

(

c) in subsection (1) by striking out " and " at the end of paragraph (

a) and by adding the following paragraphs:

(a.1) establish or designate a biosecurity program, and require persons engaged in the production of a natural product to implement or comply with the biosecurity program,

(a.2) require persons engaged in the production of a natural product to maintain insurance, as specified by the marketing board or commission, against losses resulting from

(

i) the interruption or termination of production, for any reason, or

(ii) a notifiable or reportable disease within the meaning of the Animal Health Act , and , and

(

d) by adding the following subsections:

(2) The following persons may issue directives with respect to biosecurity programs:

(

a) the chief veterinarian under the Animal Health Act ;

(

b) the provincial health officer under the Public Health Act ;

(

c) the Provincial board.

(3) If a directive is issued under subsection (2), a marketing board or commission to which the directive applies must implement the directive.

Section 16 is amended

(

a) by adding the following subsections:

(1.1) The powers under subsection (2) may be exercised if the Provincial board, a marketing board, a commission, or a member of one them, has reasonable grounds to believe that a person is not complying with

(

a) a provision of this Act or of a regulation, scheme, rule or requirement made under this Act or the federal Act, or

(

b) an order, determination or decision made under this Act or the federal Act.

(1.2) Nothing in this

section affects the exercise by a marketing board or commission of the powers referred to in

section 11 (1) (j). ,

(

b) in subsection (2) by striking out everything before paragraph (

a) and substituting " The Provincial board, marketing board, commission or person designated under subsection (1) may do one or more of the following for the purpose of inspecting and examining a regulated product: ",

(

c) in subsection (2) (

a) and (

c) by striking out " board, commission " and substituting " Provincial board, marketing board, commission ",

(

d) in subsection (2) (

b) by striking out " a vehicle or other form of conveyance " and substituting " the vehicle or conveyance referred to in paragraph (a) ",

(

e) in subsection (3) (

a) by striking out " , to give all reasonable assistance in connection with the stoppage, detention, entry, inspection or examination and, for those purposes, require that person to attend at the vehicle, conveyance, land or premises, and ",

(

f) in subsection (3) (

a) by adding the following subparagraphs:

(

i) to assist with the stoppage, detention, entry, inspection or examination and, for those purposes, require that person to attend at the vehicle, conveyance, land or premises,

(ii) to produce records that, under the Act, are required to be kept, and

(iii) to provide samples of a natural product or a thing used in relation to the marketing of a natural product, or assist in taking samples, and , and

(

g) in subsection (3) (

b) by striking out everything before subparagraph (

i) and substituting " if, during an inspection or examination, it appears that there is non-compliance as described in subsection (1.1), seize and take away, for the purpose of evidence, ".

11 The following

section is added:

Monitoring biosecurity programs

16.1 For the purpose of monitoring compliance with a biosecurity program, a marketing board or commission may, without limiting any other power of a marketing board or commission under this Act, require a person who is subject to the biosecurity program to do one or more of the following:

(

a) keep records;

(

b) make reports;

(

c) take a sample of a natural product or a thing used in relation to the production of a natural product, submit a sample to a specified person or permit a specified person to take a sample;

(

d) permit a person designated under

section 16 (1) or another specified person to

(

i) examine records or samples,

(ii) examine a vehicle, conveyance, land or premises,

(iii) examine equipment or a natural product found in or on a vehicle, conveyance, land or premises, or

(iv) question the person who is subject to the biosecurity program or an employee of that person.

12 The following sections are added:

Administrative action for failure to comply

with biosecurity program

16.2

(1) If satisfied on a balance of probabilities that a person who is subject to a biosecurity program has failed to comply with a requirement of the program, a marketing board or commission may

(

a) impose an administrative penalty of up to $10 000, and

(

b) if an administrative penalty is imposed, suspend or withhold any licence or certificate issued by the marketing board or commission to the person until the administrative penalty is paid.

(2) An administrative penalty may be imposed

(

a) by serving notice of the administrative penalty in a manner approved by the Provincial board, and

(

b) in accordance with any policies and procedures approved by the Provincial board.

(3) Before a marketing board or commission imposes an administrative penalty on a person, the marketing board or commission must consider the following:

(

a) previous enforcement actions against the person under this Act;

(

b) the gravity and magnitude of the contravention;

(

c) the extent of the harm to persons or property resulting from the contravention;

(

d) whether the contravention was repeated or continuous;

(

e) whether the contravention was deliberate;

(

f) any economic benefit derived by the person from the contravention;

(

g) the person's efforts to correct the contravention.

(4) A person subject to an administrative penalty

(

a) must pay the administrative penalty within 30 days from receiving notice under subsection (2), and

(

b) may dispute the administrative penalty, or the amount of the administrative penalty, by doing both of the following within 30 days from receiving notice under subsection (2):

(

i) pay the administrative penalty;

(ii) after the administrative penalty has been paid, appeal to the Provincial board under

section 8.

(5) If a corporation fails to comply with a requirement of a biosecurity program, an employee, an officer, a director or an agent of the corporation who authorized, permitted or acquiesced in the contravention is also liable under this

section even though the corporation is liable for or pays an administrative penalty.

(6) The sanctions provided for in this

section apply in addition to any fines, penalties, orders, rules, determinations or decisions that may be imposed or made under this Act.

Recovery of administrative penalties

16.3

(1) An administrative penalty under

section 16.2 may be recovered as a debt due to the government.

(2) If a person fails to pay an administrative penalty as required, the marketing board or commission that imposed the administrative penalty may file with the Supreme Court a certified copy of the notice referred to in

section 16.2 (2) (a).

(3) A notice filed under subsection (2) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.

(4) All administrative penalties received under this Division must be paid into the consolidated revenue fund.

Section 18 is amended

(

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

(1) A person commits an offence if the person fails to comply with

(

a) a provision of this Act or of a regulation, scheme, rule or requirement made under this Act or the federal Act, or

(

b) an order, determination or decision made under this Act or the federal Act. , and

(

b) in subsection (5) by striking out " transportation, packing, storage or ".

Section 24 is amended by striking out " in a board or person under this Act " and substituting " in the Provincial board, a marketing board, a commission or a person under this Act ".

Prevention of Cruelty to Animals Act

Section 12 (2) of the Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, is amended by striking out " critical distress, the authorized agent " and substituting " critical distress, the registered veterinarian or authorized agent ".

Section 25.2 (1) is repealed and the following substituted:

(1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a registered veterinarian because of anything done or omitted

(

a) in relation to the destruction of an animal under

section 12 (2), or

(

b) in the making of a report as required under

section 22.1.

Transitional Provision

Natural Products Marketing (BC) Act transition

– existing biosecurity programs

(1) A biosecurity program established or designated by a marketing board or commission before the coming into force of

section 14 (1) (a.1) of the Natural Products Marketing (BC) Act that would have been validly established or designated had that

section been in force at the time the program was established or designated is conclusively deemed to have been validly established or designated.

(2) All things done or requirements imposed under a biosecurity program referred to in subsection (1) that would have been validly done or imposed had

section 14 (1) (a.1) of the Natural Products Marketing (BC) Act been in force at the time the things were done or the requirements imposed are conclusively deemed to have been validly done or imposed.

(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 because it makes no specific reference to that matter.

Part 3 – Community, Sport and Cultural

Development Amendments

Local Government Act

Section 18 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

(

a) by adding the following subsection:

(1.1) On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality to another classification provided for in this Act, if the Lieutenant Governor in Council considers it to be in the public interest to do so. , and

(

b) in subsection (2) by striking out " subsection (1) " and substituting " subsection (1) or (1.1) ".

Section 665 is amended by striking out " the Motor Carrier Act " and substituting " the Passenger Transportation Act ".

Section 782.1 (2) is amended by striking out " under this Part " and substituting " under this Division or

section 795.12 ".

Section 804.11 (3) is amended by striking out " the inspector " and substituting " the Surveyor of Taxes ".

Municipalities Enabling and Validating Act (No. 4)

Section 8 of the Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14, is repealed.

23 The following

Part is added:

Part 3 – 2015

Local Government Act – validation of reclassification

(1) In this section:

"municipality" means the City of Maple Ridge;

"specified provision" means

section 18 of the Local Government Act as it read immediately before its amendment by

section 18 of the Miscellaneous Statutes Amendment Act, 2015 ;

"validation period" means the period beginning on September 12, 2014 and ending on the date this

section comes into force.

(2) Despite the specified provision, the reclassification of the District of Maple Ridge as a city is conclusively deemed to have been validly done.

(3) All things done by the municipality during the validation period that would have been validly done had

section 18 of the Miscellaneous Statutes Amendment Act, 2015 been in force on September 12, 2014 when the municipality was reclassified as a city are conclusively deemed to have been validly done.

(4) All proceedings, including any election proceedings, in relation to the municipality that were carried out during the validation period that would have been validly carried out had

(5) This

Port Edward tax agreement

(1) In this section:

"class 4 property" means land, or land and improvements, classified as class 4 property under the Assessment Act ;

"inspector" means the inspector of municipalities appointed under the Local Government Act ;

"LNG" means liquefied natural gas;

"LNG activities" means the following activities:

(

a) the construction of an LNG facility;

(

b) activities that are undertaken at an LNG facility, including

(

i) the acquisition, processing, storage and disposal of natural gas, and

(ii) the production of LNG;

"LNG facility" means a facility that processes natural gas and produces LNG;

"municipality" means the District of Port Edward;

"PNW" means Pacific NorthWest LNG Limited Partnership or its general partner Pacific NorthWest LNG Ltd. and their successors and assignees;

"PNW properties" means the following properties:

(

a) the property with the following legal description:

Parcel Identifier: 017-006-813 - District Lot 501 Range 5 Coast District;

(

b) a property

(

i) that is a class 4 property,

(ii) that is located within the boundaries of the municipality,

(iii) that is used primarily for LNG activities, and

(iv) to which one of the following applies:

(

A) the property is owned by PNW;

(

B) the property is owned by PNW and leased to a third party;

(

C) the property is leased by PNW;

(

D) the property is leased by PNW and PNW has assigned the lease to a third party.

(2) The municipality may enter into an agreement with PNW for a term of up to 25 years that does one or both of the following:

(

a) sets or establishes an amount to be used to determine the tax rate to be applied to the PNW properties for each year;

(

b) establishes a formula to determine an amount to be used to determine the tax rate to be applied to the PNW properties for each year.

(3) If the municipality and PNW enter into an agreement under subsection (2), the municipality

(

a) must provide the inspector with a copy of

(

i) the agreement within 30 days of the execution of the agreement, and

(ii) any amendment, extension or renewal of the agreement within 30 days of the execution of the amendment, extension or renewal,

(

b) must establish by bylaw under

section 197 (1) [annual property tax bylaw] of the Community Charter a tax rate that is based on the amount set or established in accordance with the terms of the agreement, and

(

c) despite

section 197 (3) and (4) of the Community Charter , may establish by bylaw under

section 197 (1) of the Community Charter tax rates for the PNW properties different from tax rates of other class 4 property within the municipality.

(4) If the municipality and PNW enter into an agreement under subsection (2),

(a)

section 25 (1) (a) [general prohibition against assistance to business and exceptions] of the Community Charter does not apply in respect of the terms of the agreement,

(

b) a regulation made under

section 199 [property tax rates regulations] of the Community Charter does not apply in respect of the PNW properties,

(

c) the PNW properties cannot be designated as designated port land under

section 20.3 [special valuation rules for designated port land] of the Assessment Act while the agreement is in effect, and

(

d) the Ports Property Tax Act does not apply in respect of the PNW properties while the agreement is in effect.

(5) The municipality may exercise the power under subsection (2), and must comply with subsections (3) and (4), even if the effect is to limit or eliminate the legislative powers of the municipality's council in relation to the imposition of taxes.

Part 4 – Justice Amendments

Liquor Distribution Act

Section 1 (1) of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended by repealing the definition of "listing committee" .

Section 14 (3) is amended by striking out " the Litter Act " and substituting " the Environmental Management Act ".

Section 15 is repealed.

27 The following

section is added:

Registered liquor products

15.1

(1) The general manager may register liquor products for the purposes of this section.

(2) Without limiting the discretion of the general manager under subsection (1), the general manager, in determining whether to register a liquor product, may consider the size, nature, form and capacity of containers and packages used for the liquor product.

(3) A person must not sell or offer to sell to the public a liquor product that has not been registered under subsection (1).

Section 17 is repealed.

Section 18 is amended

(

a) in subsection (1) (

a) by striking out " must establish and maintain, at places throughout British Columbia the general manager considers advisable, " and substituting " may establish and maintain " and by striking out " regulations, and " and substituting " regulations, ",

(

b) in subsection (1) (

b) by striking out " must be sold. " and substituting " must be sold, and ",

(

c) in subsection (1) by adding the following paragraph:

(

c) may list liquor products that may be sold in a liquor store. , and

(

d) by repealing subsection (2).

Section 28 is amended by striking out " must, by order, " and substituting " may ".

Section 29 is amended

(

a) in subsection (1) by striking out " A member of the listing committee, an officer " and substituting " An officer ", and

(

b) in subsection (2) by striking out " , members of the listing committee ".

Other Amendments

Pension Benefits Standards Act

Section 173 of the Pension Benefits Standards Act, S.B.C. 2012, c. 30, is repealed and the following substituted:

Section 77 is amended by striking out " Family Relations Act " and substituting " Family Relations Act or under

Part 5 or 6 of the Family Law Act ".

Provincial Symbols and Honours Act

33 The Provincial Symbols and Honours Act, R.S.B.C. 1996, c. 380, is amended by adding the following heading to

Part 2 before

section 12:

Division 1 – Order of British Columbia .

Section 12 is amended by striking out " In this Part: " and substituting " In this Division: ".

Section 13 is amended by adding the following subsection:

(3) The Order is the highest honour of British Columbia and takes precedence over all other orders, decorations and medals conferred by Her Majesty in right of British Columbia.

Section 16 is amended

(

a) by renumbering the

section as

section 16 (1), and

(

b) by adding the following subsection:

(2) A person may not nominate themselves for appointment to the Order.

37 The following

section is added:

Order of British Columbia regulations

18.2 The Lieutenant Governor in Council may make regulations governing the use and display of the insignia of the Order.

38 The following heading is added after

section 18.2:

Division 2 – British Columbia Medal of Good Citizenship .

39 The following sections are added to Division 2 of

Part 2:

Definitions

18.3 In this Division:

"Medal" means the British Columbia Medal of Good Citizenship referred to in

section 19;

"secretary" means the secretary appointed under

section 19.2;

"selection committee" means the selection committee established under

section 19.1.

Selection committee

19.1 A selection committee is established consisting of the following:

(

a) a Chair appointed by the Lieutenant Governor in Council for a term not exceeding 4 years;

(

b) up to 6 additional members appointed by the Lieutenant Governor in Council for terms not exceeding 2 years.

Secretary of selection committee

19.2

(1) The Lieutenant Governor in Council may appoint an employee of the government to be the secretary of the selection committee.

(2) The secretary's function is to maintain the records of the selection committee and to perform other duties that the selection committee may require.

Recommendations and rules

19.3

(1) The selection committee must recommend each year to the Lieutenant Governor in Council persons who, in the opinion of the selection committee, deserve to be awarded the Medal.

(2) The selection committee may make rules governing the conduct of its business.

Nominations

19.4

(1) Any person or organization may submit to the selection committee nominations for the Medal.

(2) A person may not nominate themselves for the Medal.

Awards

19.5

(1) The Medal may be awarded by the Lieutenant Governor in Council on the recommendation of the selection committee.

(2) A person who is an elected federal, provincial or municipal representative is not eligible to be awarded the Medal while that person remains in office.

Privileges of Medal recipients

19.6

(1) A person who is awarded the Medal may wear the insignia of the Medal and have the prescribed letters placed after the person's name.

(2) The insignia referred to in subsection (1) are the following:

(

a) a medal in the prescribed form;

(

b) additional insignia in the prescribed form, if specified by the regulations.

(3) A certificate signed by the Premier may be presented to a person who is awarded the Medal.

Rescission of award

19.7

(1) On the recommendation of the selection committee, the Lieutenant Governor in Council may rescind an award of the Medal.

(2) If an award is rescinded under subsection (1), the person to whom the Medal was awarded must immediately return the following to the secretary:

(

a) the medal and any additional insignia of the Medal that were presented to the person;

(

b) the certificate that was presented to the person.

Section 20 is repealed and the following substituted:

British Columbia Medal of Good Citizenship regulations

20 The Lieutenant Governor in Council may make regulations as follows:

(

a) respecting the matters for which regulations are contemplated by

section 19.6 (1) and (2);

(

b) governing the use and display of the insignia of the Medal.

Transitional Provision

Liquor Distribution Act transition

41 Liquor products listed by the general manager under

section 15 (4) of the Liquor Distribution Act , as that

section read immediately before its repeal, are deemed to be registered liquor products for the purposes of

section 15.1 of that Act.

Validation and Confirmation Provisions

Confirmation of statutes correction regulation

42 B.C. Reg. 262/2014 is validated and the corrections made by that regulation are confirmed and given continuing effect.

Confirmation of revision correction regulation

43 B.C. Reg. 263/2014 is validated and the correction made by that regulation is confirmed and given continuing effect.

Part 5 – Natural Gas Development Amendments

Petroleum and Natural Gas Act

Section 1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by adding the following definition:

"royalty" means a royalty reserved under

section 73 (1) and required to be paid by a regulation under

section 73 (2) or an agreement under

section 78 or 78.1; .

45 Sections 58 (3) (b), 75 (2) (

a) and (

b) and 78 are amended by striking out " the amount of royalty " and substituting " the royalty ".

46 The following

section is added:

Royalty agreements

78.1

(1) Despite

section 73 and the regulations made under that

section and subject to subsection (2) of this section, the minister may, with the approval of the Lieutenant Governor in Council, enter, with a person, into an agreement establishing the royalty to be paid by the person to the government, and the method of calculating the royalty, on petroleum or natural gas produced from a specified location or class of locations.

(2) The approval of the Lieutenant Governor in Council is not required for the minister to enter into an agreement under subsection (1)

(

a) in the prescribed circumstances, or

(

b) in respect of a prescribed class of agreements.

(3) The minister must, as soon as practicable, publish an agreement entered into under subsection (1) but may withhold from publication anything in the agreement that could be refused to be disclosed under the Freedom of Information and Protection of Privacy Act , if a request were made under that Act for disclosure of the agreement.

(4) An agreement under subsection (1) may be for a term the minister considers advisable, but not for a term exceeding the prescribed number of years, and may also include any or all of the following:

(

a) a requirement that the person pay to the government a charge respecting periods, specified in the agreement, during which

(

i) petroleum or natural gas, or both, are not produced, or

(ii) a minimum level of petroleum or natural gas production, specified in the agreement, is not achieved;

(

b) a specification of locations or classes of locations that are subject to a royalty established under subsection (1);

(

c) terms respecting required petroleum or natural gas production levels from specified locations or classes of locations;

(

d) terms respecting investments in the exploration, development or processing of petroleum or natural gas, or both;

(

e) terms respecting penalties the person must pay or actions the minister may take if the person fails to comply with a term or condition of the agreement;

(

f) a specification of regulations under this Act that apply to the person in respect of the agreement;

(5) If an agreement under subsection (1) specifies regulations for the purposes of subsection (4) (f), those regulations apply to the person in respect of the agreement.

(6) Sections 73 (4) and 74 to 77 apply to an agreement under subsection (1) of this section.

(7) A person who enters into an agreement under subsection (1) must comply with the agreement.

Section 133 (2) is amended by adding the following paragraph:

(n.3) prescribing circumstances and classes of agreements for the purposes of

section 78.1 (2) and a number of years for the purposes of

section 78.1 (4); .

Oil and Gas Activities Act

Section 1 (2) of the Oil and Gas Activities Act, S.B.C. 2008, c. 36, is amended in the definition of "oil and gas activity" by adding the following paragraphs:

(e.1) the construction or operation of a manufacturing plant designed to convert natural gas into other organic compounds,

(e.2) the construction or operation of a petroleum refinery, .

Section 111 (1) is amended by adding the following paragraph:

(h.2) respecting the construction, operation and abandonment of a manufacturing plant or petroleum refinery; .

Shelter Aid for Elderly Renters Act

50 The following are repealed:

(

a) the Shelter Aid for Elderly Renters Act, R.S.B.C. 1996, c. 424;

(

b) the Shelter Aid for Elderly Renters Regulation, B.C. Reg. 298/77.

Transitional and Validation Provisions

Oil and Gas Activities Act transition – petroleum refineries

(1) Despite

section 1 (2) of the Oil and Gas Activities Act , as amended by this Act, and subject to subsection (2) of this section, the operation of the following petroleum refineries is not an oil and gas activity within the meaning of the Oil and Gas Activities Act :

(

a) the Burnaby Refinery, operated by Chevron Canada Limited or its successors or assigns;

(

b) the Prince George Refinery, operated by Husky Energy Inc. or its successors or assigns.

(2) The Lieutenant Governor in Council may, by regulation, repeal

(

a) paragraph (

a) or (

b) of subsection (1), and

(

b) this section.

Shelter Aid for Elderly Renters Act transition – repeal of Act

(1) In this section:

"Act" means the Shelter Aid for Elderly Renters Act , R.S.B.C. 1996, c. 424;

"committee" means the eligibility committee established under

section 2 of the Act;

"regulation" means the Shelter Aid for Elderly Renters Regulation, B.C. Reg. 298/77.

(2) Despite the repeal of the Act and regulation,

(

a) the Act and regulation, as they read immediately before their repeal, continue to apply, for the 2-year period beginning on the date this

section comes into force, in relation to payments of shelter aid made under the Act before that date, and

(

b) the committee remains constituted for the purposes of paragraph (a).

Shelter Aid for Elderly Renters Act – validation

(1) In this section:

"Act" means the Shelter Aid for Elderly Renters Act , R.S.B.C. 1996, c. 424;

"shelter aid" has the same meaning as in the Act, as the Act read immediately before its repeal.

(2) Payments of shelter aid made under the Act before April 17, 2014 are conclusively deemed to have been validly made to the extent they would have been validly made had

section 5 (1) of the regulation, as enacted by B.C. Reg. 70/2014, been in force on the date each payment was made.

(3) This

Part 6 – Social Development and Social

Innovation Amendments

Employment and Assistance Act

Section 15 of the Employment and Assistance Act, S.B.C. 2002, c. 40, is repealed.

Section 35 is amended

(

a) by repealing subsections (2) (

q) and (3) (b), and

(

b) by repealing subsection (3) (

w) and substituting the following:

(

w) respecting deductions under

section 28 (1) (b) [liability for and recovery of debts under Act] , including, without limitation,

(

i) prescribing the manner of deduction,

(ii) prescribing the duration and minimum amount of a deduction,

(iii) exempting a category of family units from the minimum amount of a deduction prescribed under subparagraph (ii) of this paragraph in circumstances or on conditions the Lieutenant Governor in Council prescribes, and

(iv) for certainty, establishing categories under subsection (4) (

c) of this

section that relate, without limitation, in whole or in part to inclusion in the family unit of a person who is or has been convicted of an offence

(

A) under this Act or the Employment and Assistance for Persons with Disabilities Act , or

(

B) under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance for Persons with Disabilities Act , by fraud or false or misleading representation; .

Section 38 is repealed.

57 The following

section is added:

Transitional – repeal of

section 15

47.1

(1) In this section:

"Act offence" means an offence under this Act or the Employment and Assistance for Persons with Disabilities Act ;

"criminal code offence" means an offence under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance for Persons with Disabilities Act , by fraud or false or misleading representation.

(2) On and after the date

section 15 is repealed, a family unit to which consequences referred to in

section 15 (1), (2) or (3) applied immediately before that date

(

a) is not ineligible for income assistance by reason only of a consequence imposed under that section, and

(

b) is not subject to any consequence imposed on the family unit under that section.

(3) For certainty, a family unit described in subsection (2) is liable under

section 27 to repay to the government the amount or value of, as applicable,

(

a) an overpayment in respect of which a person in the family unit has been convicted of a criminal code offence or Act offence referred to in

section 15 (1) or (2), as that

section read immediately before its repeal, or

(

b) an overpayment that is the subject of a judgment referred to in

section 15 (3), as that

section read immediately before its repeal.

Employment and Assistance for Persons with Disabilities Act

Section 14 of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41, is repealed.

Section 26 is amended

(

a) by repealing subsections (2) (

o) and (3) (b), and

(

b) by repealing subsection (3) (

l) and substituting the following:

(

l) respecting deductions under

section 19 (1) (b) [liability for and recovery of debts under Act] , including, without limitation,

(

i) prescribing the manner of deduction,

(ii) prescribing the duration and minimum amount of a deduction,

(iv) for certainty, establishing categories under subsection (4) (

c) of this

section that relate, without limitation, in whole or in part to inclusion in the family unit of a person who is or has been convicted of an offence

(

A) under this Act or the Employment and Assistance Act , or

(

B) under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance Act , by fraud or false or misleading representation; .

Section 28 is repealed.

61 The following

section is added:

Transitional – repeal of

section 14

36.1

(1) In this section:

"Act offence" means an offence under this Act or the Employment and Assistance Act ;

"criminal code offence" means an offence under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance Act , by fraud or false or misleading representation.

(2) On and after the date

section 14 is repealed, a family unit to which consequences referred to in

section 14 (1), (2) or (3) applied immediately before that date

(

a) is not ineligible for disability assistance by reason only of a consequence imposed under that section, and

(

b) is not subject to any consequence imposed on the family unit under that section.

(3) For certainty, a family unit described in subsection (2) is liable under

section 18 to repay to the government the amount or value of, as applicable,

(

a) an overpayment in respect of which a person in the family unit has been convicted of a criminal code offence or Act offence referred to in

section 14 (1) or (2), as that

section read immediately before its repeal, or

(

b) an overpayment that is the subject of a judgment referred to in

section 14 (3), as that

section read immediately before its repeal.

Part 7 – Technology, Innovation and Citizens'

Services Amendments

Public Agency Accommodation Act

Section 6 (1) (

c) of the Public Agency Accommodation Act, S.B.C. 2006, c. 7, is amended by adding " or

section 8 (3) of this Act " after "

section 106 of the Land Act ".

Section 8 (2) is repealed and the following substituted:

(2) The minister may transfer the administration of administered land to another minister of the government with the consent of that other minister.

(3) With the consent of the minister, another minister of the government who has the administration of land may, for the purposes of this Act, transfer the administration of the land to the minister.

Queen's Printer Act

Section 2 of the Queen's Printer Act, R.S.B.C. 1996, c. 394, is amended by striking out " printing, bindery and stationery offices " and substituting " printing, publishing and stationery services ".

65 Sections 5 and 6 are repealed and the following substituted:

Printing, delivery, publishing and disposal

of public documents

(1) As soon as practicable after the close of each session, the Queen's Printer must make arrangements for the following:

(

a) the printing of the Acts, journals, sessional papers and other public documents placed before the Legislature during that session;

(

b) the delivery of the number of printed copies of the Acts, journals, sessional papers and other public documents referred to in paragraph (

a) that the minister directs to

(

i) each member of the Legislative Assembly on request, and

(ii) other persons, institutions, ministries and representative bodies, in or out of British Columbia, as approved by the minister.

(2) After delivery under subsection (1) (

b) is complete, the Queen's Printer may make arrangements for the publishing of printed copies of the Acts, journals, sessional papers and other public documents referred to in that subsection as well as for the sale or transfer, with or without charge, of those printed copies.

Cost, price and manner of printing

public documents

(1) The printing and delivery of printed copies of the Acts, journals, sessional papers and other public documents under

section 5 (1) must be done at the public expense.

(2) The printing, delivery, publishing, selling and transferring of printed copies of the Acts, journals, sessional papers and other public documents under

section 5 must be done in the manner determined by the Queen's Printer.

(3) For the purposes of

section 5 (2),

(

a) the Queen's Printer may set prices that may be charged, and

(

b) a person must not charge more than the price set by the Queen's Printer.

Section 7 is amended by striking out " , under the direction of the minister, and subject to the regulations, is to continue to print and publish " and substituting " must make arrangements for the printing and publishing of ".

Section 8 is repealed and the following substituted:

Price and manner of printing of official Gazette

(1) The printing and publication of the Gazette under

section 7 must be done in the manner determined by the Queen's Printer.

(2) The Queen's Printer may determine

(

a) the price of a subscription to the Gazette, and

(

b) the scale of charges for advertising in the Gazette.

68 The following

section is added:

Deemed printing

8.1 A printed copy of

an Act, journal, sessional paper or other public document to which this Act applies, or of the Gazette, is deemed to have been printed and published by the Queen's Printer if printed and published

(

a) on the direction of the Queen's Printer, and

(

b) in accordance with this Act.

69 Sections 9 and 11 are repealed.

Consequential Amendment

Interpretation Act

Section 29 of the

Interpretation Act, R.S.B.C. 1996, c. 238, is amended in the definition of "Gazette" by striking out " published by the Queen's Printer of British Columbia; " and substituting " published under the Queen's Printer Act ; ".

Commencement

71 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