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2014 Legislative Session: 2nd Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE SUZANNE ANTON

MINISTER OF JUSTICE

BILL 17 – 2014

MISCELLANEOUS STATUTES AMENDMENT ACT, 2014

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

Part 1 – Advanced Education Amendments

Accountants (Certified General) Act

SECTION 1: [Accountants (Certified General) Act,

section 11] adds a bylaw-making

authority in respect of the use and display of designations and initials.

Section 11 (3) of the Accountants (Certified General) Act, R.S.B.C. 1996, c. 2, is amended by adding the following paragraph:

(t.3) respecting the use or display by a member of a designation and the initials signifying that designation under this Act; .

SECTION 2: [Accountants (Certified General) Act,

section 14]

provides authority to a member to use or display the designation "chartered professional accountant" or the initials "C.P.A." signifying that designation, and

requires that the use or display of designations or initials complies with the bylaws.

Section 14 is amended

(

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

(1) A member in good standing of the association may

(

a) use or display the designation "certified general accountant" or, after the member's name, use or display the initials "C.G.A." signifying that designation, and

(

b) use or display the designation "chartered professional accountant" or the initials "C.P.A." signifying that designation if that designation or those initials are used or displayed together with and precede the designation "certified general accountant" or the initials "C.G.A.". , and

(

b) by adding the following subsection:

(6) The use or display of a designation or initials signifying that designation under this

section must comply with the bylaws.

Accountants (Chartered) Act

SECTION 3: [Accountants (Chartered) Act,

section 8] adds a bylaw-making authority in

respect of the use and display of designations and initials.

Section 8 (2) of the Accountants (Chartered) Act, R.S.B.C. 1996, c. 3, is amended by adding the following paragraph:

(

w) the use or display by a member of a designation and the initials signifying that designation under this Act.

SECTION 4: [Accountants (Chartered) Act,

section 15]

provides authority to a member to use or display the designation "chartered professional accountant" or the initials "C.P.A." signifying that designation, and

requires that the use or display of designations or initials complies with the bylaws.

Section 15 is amended

(

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

(1) A member in good standing described by

section 14 (

a) may

(

a) use or display the designation "Chartered Accountant" or the initials "C.A." signifying that designation, and

(

b) use or display the designation "Chartered Professional Accountant" or the initials "C.P.A." signifying that designation if that designation or those initials are used or displayed together with and precede the designation "Chartered Accountant" or the initials "C.A.". ,

(

b) in subsections (2), (5) and (6) by striking out " may use the designation " and substituting " may use or display the designation ",

(

c) by repealing subsection (4) and substituting the following:

(4) A member in good standing who becomes a fellow may

(

a) use or display the designation "Fellow of the Chartered Accountants" or the initials "F.C.A." signifying that designation, and

(

b) use or display the designation "Chartered Professional Accountant" or the initials "C.P.A." signifying that designation if that designation or those initials are used or displayed together with and precede the designation "Fellow of the Chartered Accountants" or the initials "F.C.A.". ,

(

e) by repealing subsection (8) and substituting the following:

(8) The use or display of a designation or initials signifying that designation under this

section must comply with the bylaws.

Accountants (Management) Act

SECTION 5: [Accountants (Management) Act,

section 8] adds the authority to display a

designation.

Section 8 (2) of the Accountants (Management) Act, R.S.B.C. 1996, c. 4, is amended by striking out " to use the designation " and substituting " to use or display the designation ".

SECTION 6: [Accountants (Management) Act,

section 9]

provides authority to a member to use or display the designation "chartered professional accountant" or the initials "C.P.A." signifying that designation, and

requires that the use or display of designations or initials complies with the bylaws.

Section 9 is amended

(

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

(1) Certified members in good standing of the society may

(

a) use or display the designation "Certified Management Accountant" or "Comptable en Management Accrédité" or the initials "CMA" signifying that designation, and

(

b) use or display the designation "Chartered Professional Accountant" or the initials "C.P.A." signifying that designation if that designation or those initials are used or displayed together with and precede the designation "Certified Management Accountant" or "Comptable en Management Accrédité" or the initials "CMA". , and

(

b) by adding the following subsection:

(5) The use or display of a designation or initials signifying that designation under this

section must comply with the bylaws.

SECTION 7: [Accountants (Management) Act,

section 15] adds a bylaw-making authority

in respect of the use or display of designations and initials.

Section 15 (2) is amended by adding the following paragraph:

(r.3) the use or display by a member of a designation and the initials signifying that designation under this Act; .

Part 2 – Children and Family Development Amendments

Adoption Act

SECTION 8: [Adoption Act,

section 1] adds 2

definitions and an

interpretation of the word

"guardian".

Section 1 of the Adoption Act, R.S.B.C. 1996, c. 5, is amended

(

a) by renumbering the

section as

section 1 (1),

(

b) in subsection (1) by adding the following

definitions:

"caregiver" means a person with whom a child is placed by a director or an administrator and who, by agreement with the director or the administrator, is authorized to carry out the rights and responsibilities, under the agreement, of the director or the administrator;

"director of child protection" means a director designated under

section 91 of the Child, Family and Community Service Act ; , and

(

c) by adding the following subsection:

(2) A reference to "guardian" in

section 13 (1) (

c) or in the phrase "parent or other guardian" or "joint guardian" does not include

(

a) a director,

(

b) an administrator,

(

c) a director of child protection, or

(

d) the Public Guardian and Trustee.

SECTION 9: [Adoption Act,

section 4]

clarifies circumstances in which a director may place a child for adoption;

adds a new circumstance in which a director may place a child for adoption.

Section 4 is amended

(

a) by renumbering the

section as

section 4 (1),

(

b) by repealing subsection (1) (

a) and substituting the following:

(

a) a director who

(

i) has care and custody of the child under

section 23, or

(ii) is the guardian of the child under

section 24; , and

(

c) by adding the following subsection:

(2) In addition to the authority under subsection (1) (a), a director may, at the request of a director of child protection, place a child for adoption with the person or persons selected by the director of child protection, if

(

a) the child is in the continuing custody of the director of child protection, or

(

b) the director of child protection is the child's personal guardian under

section 51 of the Infants Act .

SECTION 10: [Adoption Act,

section 6] disapplies certain provisions of

section 6 of the Act

when a child is placed for adoption under

section 4 (2) of the Act, as added by

this Bill.

Section 6 is amended by adding the following subsection:

(3) Subsection (1) (a), (

b) and (

g) does not apply to a director placing a child for adoption under

section 4 (2).

SECTION 11: [Adoption Act,

section 13]

is consequential to the definition of "director of child protection", as added to

section 1 (

a) of the Act by this Bill;

removes a cross-reference.

Section 13 (3) is repealed and the following substituted:

(3) If the child is in the continuing custody of a director of child protection, or a director of child protection is the child's personal guardian under

section 51 of the Infants Act , the only consents required are

(

a) the director of child protection's consent, and

(

b) the child's consent, if the child is 12 years of age or over.

SECTION 12 [Adoption Act, sections 24 and 25] removes unnecessary words.

12 Sections 24 (2) and 25 are amended by striking out " the administrator of an adoption agency " and substituting " an administrator ".

SECTION 13: [Adoption Act,

section 39]

requires a director to notify a director of child protection and the Public Guardian and Trustee that an adoption order has been made in the circumstance set out;

is consequential to

section 39 (1) of the Act, as repealed and replaced by this Bill.

Section 39 is amended

(

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

(1) If

(

a) a parent or other guardian requested a director or an adoption agency to place a child for adoption, a director or the adoption agency must, when the adoption order is made, make reasonable efforts to notify the parent or other guardian that the child has been adopted, or

(

b) a director of child protection requested a director to place a child for adoption, a director must, as soon as practicable after the adoption order is made, notify the director of child protection and the Public Guardian and Trustee that the child has been adopted. , and

(

b) in subsection (2) by striking out " Subsection (1) " and substituting " Subsection (1) (a) ".

SECTION 14: [Adoption Act,

section 59] requires consent to adoption to be given before

openness agreements may be made in circumstances involving a parent or

other guardian, as set out.

Section 59 (2) is repealed and the following substituted:

(2) If a parent or other guardian placed, or requested a director or an adoption agency to place, a child for adoption, an openness agreement may be made only after consent to the adoption is given by the parent or other guardian.

SECTION 15: [Adoption Act,

section 70] replaces the definition of "CFCSA director" with

"director of child protection", as added to

section 1 (1) of the Act by this Bill.

Section 70 is amended

(

a) in subsection (4) by striking out " CFCSA director " and substituting " director of child protection ", and

(

b) by repealing subsection (5).

SECTION 16: [Adoption Act,

section 75] removes unnecessary words.

Section 75 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

a) to an administrator, or ,

(

b) in subsection (2) by striking out " the administrator of an adoption agency " and substituting " an administrator ", and

(

c) by repealing subsection (2) (

b) and substituting the following:

(

b) to another administrator, .

SECTION 17: [Adoption Act,

section 77.2] allows a director or administrator, by agreement,

to authorize a caregiver to carry out any of the rights and responsibilities of the

director or administrator with respect to a child, as set out.

17 The following

section is added:

Agreements with caregivers

77.2 A director or an administrator may, by agreement, authorize a caregiver to carry out any of the rights and responsibilities of the director or the administrator, as the case may be, with respect to the care, custody or guardianship of a child placed with the caregiver.

SECTION 18: [Adoption Act, heading to

Part 9] is self-explanatory.

18 The heading to

Part 9 is repealed and the following substituted:

Part 9 – Transitional and Other Provisions .

SECTION 19: [Adoption Act,

section 101] deems the placements of children for adoption in

the circumstances set out to be authorized and not to be a contravention of the

Act, deems the provision of financial and other assistance to be authorized,

prohibits civil proceedings against the government and individuals in the circumstances

set out and validates the adoption of children placed for adoption

in the circumstances set out.

19 The following

section is added:

Authorization, non-contravention, immunity from legal action and validation

(1) This

section applies if, before the date this

section comes into force, a director or a director of child protection placed a child with a person for the purposes of adoption when

(

a) the child was in the continuing custody of a director of child protection, or

(

b) a director of child protection was the child's personal guardian under

section 51 of the Infants Act .

(2) Despite any decision of a court to the contrary made before or after the coming into force of this section, if a director or a director of child protection placed a child with a person for the purposes of adoption in the circumstances set out in subsection (1),

(

a) the director or the director of child protection is conclusively deemed

(

i) to have been authorized to place the child for adoption under

section 4, as that

section read on the date the child was placed for adoption, and

(ii) not to have contravened

section 82 (1),

(

b) the person with whom the child was placed is conclusively deemed not to have contravened

section 82 (2), and

(

c) the director is conclusively deemed to have been authorized

(

i) under

section 80 (

a) to provide financial assistance or other assistance to the person with whom the child was placed, and

(ii) under

section 80 (

b) to review, alter or terminate any assistance provided to that person,

section 80 (

a) or (b), as applicable, read on the date the assistance was provided, reviewed, altered or terminated.

(3) A person has no right of action and must not commence or maintain proceedings for a remedy set out in subsection (4) for any of the following reasons:

(

a) the placement of a child by a director or a director of child protection for the purposes of adoption, but for subsection (2) (

a) of this section,

(

i) would not have been authorized under

section 4, as that

section read on the date the child was placed for adoption, and

(ii) would have contravened

section 82 (1);

(

b) the receipt of a child by a person for the purposes of adoption, but for subsection (2) (

b) of this section, would have contravened

section 82 (2);

(

c) the provision of any financial assistance or other assistance by a director to a person with whom a child was placed for the purposes of adoption, but for subsection (2) (c) (

i) of this section, would not have been authorized under

section 80 (a);

(

d) the review, alteration or termination by a director of any assistance described in paragraph (

c) of this subsection, but for subsection (2) (c) (ii) of this section, would not have been authorized under

section 80 (b).

(4) For the purposes of subsection (3), a person has no right of action and must not commence or maintain proceedings

(

a) to claim damages or compensation of any kind from the government or any person,

(

b) to obtain a declaration that damages or compensation is payable by the government or any person, or

(

c) for any other remedy against the government or any person.

(5) The adoption of a child by a person with whom the child was placed, for the purposes of adoption and in the circumstances set out in subsection (1), by a director or a director of child protection is not invalid by reason that, but for this section, the placement of the child for adoption

(

a) would not have been authorized under

section 4, as that

section read on the date the child was placed for adoption, and

(

b) would have contravened

section 82 (1) and (2).

(6) The provision of any financial assistance or other assistance under

section 80 (

a) or the review, alteration or termination of any assistance under

section 80 (

b) is not invalid by reason that, but for this section, the provision, review, alteration or termination of the assistance would not have been authorized under

section 80, as that

section read on the date the assistance was provided, reviewed, altered or terminated.

(7) 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.

Child, Family and Community Service Act

SECTION 20: [Child, Family and Community Service Act,

section 1]

clarifies that a caregiver is a person who is authorized, by agreement, to carry out the rights and responsibilities of the director, with respect to a child;

clarifies that a parent does not include a prospective adoptive parent;

adds a definition of "prospective adoptive parent".

Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended

(

a) in the definition of "caregiver" by striking out " has assumed responsibility for the child's day-to-day care; " and substituting " is authorized to carry out the rights and responsibilities, under the agreement, of the director; ",

(

b) in the definition of "parent" by striking out " caregiver or director; " and substituting " caregiver, prospective adoptive parent or director; ", and

(

c) by adding the following definition:

"prospective adoptive parent" means a person with whom a child is placed for adoption under

section 4 (2) of the Adoption Act and who, by agreement with a director, is authorized to carry out the rights and responsibilities, under the agreement, of the director; .

SECTION 21: [Child, Family and Community Service Act,

section 50.1] provides that a

director may request a director of adoption to place a child for adoption in the

circumstances set out.

21 The following

section is added:

Placement of child for adoption

50.1

(1) A director may request a director of adoption to place a child for adoption if

(

a) the child is in the continuing custody of the director, or

(

b) the director is the child's personal guardian under

section 51 of the Infants Act .

(2) A request under subsection (1) (

a) must not be made unless

(

a) the continuing custody order was made by consent,

(

b) the time limit under

section 81 (2) in relation to the continuing custody order has expired and no extension under

section 81 (8) has been granted, or

(

c) all appeals related to the continuing custody order have been heard and the continuing custody order has been upheld.

SECTION 22: [Child, Family and Community Service Act,

section 70] provides that children

in care have certain rights, as set out, with respect to their prospective

adoptive parents.

Section 70 (1) (

f) is amended by striking out " by their caregivers " and substituting " by their caregivers or prospective adoptive parents " and by striking out " meeting their caregivers' expectations; " and substituting " meeting the expectations of their caregivers or prospective adoptive parents, as applicable; ".

SECTION 23: [Child, Family and Community Service Act,

section 79] adds additional circumstances

respecting when a director may disclose information without the

consent of any person.

Section 79 is amended

(

a) by adding the following paragraph:

(h.2) made to a director of adoption to facilitate the adoption of a child if

(

i) the child is in the continuing custody of a director, or

(ii) a director is the child's personal guardian under

section 51 of the Infants Act , , and

(

b) in paragraph (

j) by striking out " caregivers " and substituting " caregivers or prospective adoptive parents ".

SECTION 24: [Child, Family and Community Service Act,

section 94] clarifies that a director

may authorize a caregiver to carry out any of the director's rights and

responsibilities with respect to the child placed with the caregiver.

Section 94 is amended by striking out " a child. " and substituting " a child placed with the caregiver. "

SECTION 25: [Child, Family and Community Service Act,

section 94.1] allows a director,

by agreement, to authorize a prospective adoptive parent to carry out any of

the director's rights and responsibilities with respect to the child placed for

adoption with the prospective adoptive parents.

25 The following

section is added:

Agreements with prospective adoptive parents

94.1 A director may, by agreement, authorize a prospective adoptive parent to carry out any of the director's rights and responsibilities with respect to the care, custody or guardianship of a child placed for adoption with the prospective adoptive parent.

SECTION 26: [Child, Family and Community Service Act,

section 98] allows a court to

make a restraining order to protect a prospective adoptive parent, as set out.

Section 98 (3) is amended by adding the following paragraph:

(a.1) a prospective adoptive parent, .

Part 3 – Community, Sport and Cultural

Development Amendments

Community Charter

SECTION 27: [Community Charter,

section 195] is self-explanatory.

Section 195 (3) of the Community Charter, S.B.C. 2003, c. 26, is repealed.

Local Government Act

SECTION 28: [Local Government Act,

section 5] defines "land use contract".

Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following definition:

"land use contract" means a land use contract within the meaning of

section 702A of the Municipal Act , R.S.B.C. 1960, c. 255, before that

section was repealed under

section 13 of the Municipal Amendment Act, 1977 ; .

SECTION 29: [Local Government Act,

section 723] is self-explanatory.

Section 723 (7) is repealed.

SECTION 30: [Local Government Act,

section 870] removes references to official community

plans.

Section 870 (1) and (2) is amended by striking out " and official community plans ".

SECTION 31: [Local Government Act, sections 873.2 and 874.1]

provides the minister with the authority to establish policy guidelines regarding process in respect of specified amendments, plans, permits and bylaws after consultations with representatives of the Union of British Columbia Municipalities;

provides the minister with authority to make regulations requiring approval of specified bylaws.

31 The following sections are added to Division 1 of

Part 26:

Provincial policy guidelines

873.2

(1) The minister may establish policy guidelines regarding the process of developing and adopting official community plans by a municipality or a regional district.

(2) The minister may establish policy guidelines regarding the process of developing and adopting any of the following by a regional district:

(

a) a zoning bylaw;

(

b) a subdivision servicing bylaw;

(

c) a temporary use permit bylaw;

(

d) a land use contract amendment bylaw under

section 930 (2) (a).

(3) The minister, or the minister together with other ministers, may establish policy guidelines regarding the content of the plans and bylaws listed in subsections (1) and (2).

(4) Guidelines under subsection (1), (2) or (3) may be established only after consultation by the minister with representatives of the Union of British Columbia Municipalities.

Ministerial regulations

874.1

(1) Subject to subsection (2), the minister may make regulations requiring approval of the minister before the adoption by a regional district of any of the following:

(

a) an official community plan;

(

b) a zoning bylaw;

(

c) a subdivision servicing bylaw;

(

d) a temporary use permit bylaw;

(

e) a land use contract amendment bylaw under

section 930 (2) (a).

(2) Subsection (1) does not apply to

(

a) a bylaw described in subsection (1) (b), (

c) or (

d) that

(

i) applies only to an area that is subject to an official community plan or to an official settlement plan under

section 809 (3) of the Municipal Act , R.S.B.C. 1979, c. 290, before that

section was repealed by

section 4 of the Municipal Amendment Act, 1985 , and

(ii) is consistent with the official community plan or official settlement plan, and

(

b) a bylaw described in subsection (1) (

e) that applies only to an area described in paragraph (a) (

i) of this subsection.

(3) A regulation under subsection (1) may be different in relation to one or more of the following:

(

a) different bylaws;

(

b) different classes of bylaws;

(

c) different regional districts;

(

d) different areas;

(

e) different circumstances.

SECTION 32: [Local Government Act,

section 876] is consequential to an amendment made

by this Bill.

Section 876 (3) is amended by striking out "

section 870 " and substituting "

section 873.2 ".

SECTION 33: [Local Government Act,

section 882] is self-explanatory.

Section 882 (4), (6) (

b) and (7) is repealed.

SECTION 34: [Local Government Act,

section 890 – continued]

Section 890 is amended

(

a) in subsection (1) by striking out " an official community plan bylaw or a zoning bylaw " and substituting " an official community plan bylaw, a zoning bylaw or a bylaw under

section 914.2 [early termination of land use contracts] ",

(

b) in subsection (4) by striking out " proposed bylaw if " and substituting " proposed bylaw, other than a proposed bylaw under

section 914.2, if ", and

(

c) in subsection (9) by striking out " an official community plan or zoning bylaw " and substituting " an official community plan, a zoning bylaw or a bylaw under

section 914.2 ".

SECTION 35: [Local Government Act,

section 892] provides notice requirements for bylaws

that terminate land use contracts.

Section 892 is amended

(

a) by adding the following subsection:

(4.1) If the bylaw in relation to which the notice is given is a bylaw under

section 914.2 [early termination of land use contracts] , the notice must

(

a) subject to subsection (5), include a sketch that shows the area subject to the land use contract that the bylaw will terminate, including the name of adjoining roads if applicable, and

(

b) be mailed or otherwise delivered at least 10 days before the public hearing

(

i) to the owners as shown on the assessment roll as at the date of the first reading of the bylaw, and

(ii) to any tenants in occupation, as at the date of the mailing or delivery of the notice,

of all parcels, any part of which is subject to the land use contract that the bylaw will terminate or is within a distance specified by bylaw from that part of the area that is subject to that land use contract. , and

(

b) in subsection (6) by adding " or (4.1) " after " subsection (4) ".

SECTION 36: [Local Government Act,

section 893] is consequential to an amendment made

by this Bill.

Section 893 (3) is amended by striking out "

Section 892 (3) to (7) " and substituting "

Section 892 (3), (4) and (5) to (7) ".

SECTION 37: [Local Government Act,

section 900] is consequential to an amendment made

by this Bill.

Section 900 (3) is amended by adding " or 901.1 (4) " after "

section 901 (4) ".

SECTION 38: [Local Government Act,

section 901.1] authorizes a board of variance to defer

the effects of early termination of a land use contract.

38 The following

section is added:

Exemption to relieve hardship from early termination of land use contract

901.1

(1) The owner of land subject to a land use contract that a bylaw adopted under

section 914.2 [early termination of land use contracts] will terminate may apply to a board of variance for an order under subsection (2) of this

section if

(

a) the owner alleges that the timing of the termination of the land use contract by the bylaw would cause the owner hardship, and

(

b) the application is received by the board of variance within 6 months after the adoption of the bylaw.

(2) On an application under subsection (1), the board of variance may order that, despite the termination of the land use contract and despite any zoning bylaw, the provisions of that land use contract continue to apply in relation to the applicant for a specified period of time ending no later than June 30, 2024, if the board of variance

(

a) has heard the applicant, and

(

b) finds that the timing of the termination of the land use contract by the bylaw would cause undue hardship to the applicant.

(3) An order under subsection (2) does not run with the land.

(4) If an application is made under subsection (1), the board of variance must notify all owners and tenants in occupation of

(

a) the land that is the subject of the application, and

(

b) the land that is adjacent to land that is the subject of the application.

(5) A notice under subsection (4) must state the subject matter of the application and the time and place where the application will be heard.

(6) The obligation to give notice under subsection (4) must be considered satisfied if the board of variance made a reasonable effort to mail or otherwise deliver the notice.

(7) The board of variance must make a decision on an application under subsection (1) within 6 months after the application is received by the board of variance.

(8) A decision of the board of variance under subsection (2) is final.

SECTION 39: [Local Government Act,

section 911] provides that a lawful use of land, or a

building or other structure, that ceases to conform to certain bylaws on the termination

of a land use contract, or on the expiry of a variation order under

section

901.1 of the Act, may continue.

Section 911 is amended by adding the following subsections:

(12) If, at the time of a specified event,

(

a) land, or a building or other structure, is lawfully used, and

(

b) the use does not conform to a bylaw under this Division that

(

i) is in force at the time of the specified event, and

(ii) would not apply to the land, building or other structure but for the specified event,

the use may be continued as a non-conforming use, but if the non-conforming use is discontinued for a continuous period of 6 months, any subsequent use of the land, building or other structure becomes subject to the bylaw.

(13) Subsections (2) to (11) apply in relation to a use described in subsection (12) and, for that purpose, a reference in those subsections to the adoption of a bylaw is to be read as a reference to the specified event.

(14) In subsections (12) and (13), "specified event" , in relation to land subject to a land use contract, means the later of

(

a) the termination of the land use contract under

section 914.1 or 914.2, and

(

b) if an order under

section 901.1 is made in respect of the land, the expiry of the period of time specified in the order.

SECTION 40: [Local Government Act,

section 913] is self-explanatory.

Section 913 is repealed.

SECTION 41: [Local Government Act,

section 914] immunizes local governments and the

Province from liability to pay compensation in relation to termination of land

use contracts.

Section 914 (1) is repealed and the following substituted:

(1) Compensation is not payable to any person for any reduction in the value of that person's interest in land, or for any loss or damages that result from

(

a) the adoption of an official community plan or a bylaw under this Division or the issue of a permit under Division 9 of this Part,

(

b) the adoption of a bylaw under

section 914.2, or

(

c) the termination of a land use contract under

section 914.1.

SECTION 42: [Local Government Act, Division 7.1]

terminates land use contracts on a fixed date and authorizes their earlier termination by local government bylaw;

requires local governments to notify land owners of the termination of a land use contract applicable to their land;

provides for the discharge of land use contracts from land titles.

42 The following Division is added to

Part 26:

Division 7.1 – Termination of Land Use Contracts

Termination of land use contracts

914.1

(1) All land use contracts are terminated on June 30, 2024.

(2) A local government that has jurisdiction over land subject to a land use contract must adopt, by June 30, 2022, a zoning bylaw that will apply to the land on June 30, 2024.

Early termination of land use contracts

914.2

(1) In this section:

"charge number" , in relation to a land use contract that is registered as a charge against a title to land, means the serial number assigned to the land use contract by the registrar of land titles;

"parcel identifier" means a permanent parcel identifier assigned under

section 58 of the Land Title Act .

(2) Despite

section 914.1, a local government may, by bylaw, terminate a land use contract that applies to land within the jurisdiction of the local government.

(3) A bylaw under subsection (2)

(

a) must not be adopted after June 30, 2022,

(

b) must provide that the bylaw comes into force on a date that is

(

i) at least one year after the date the bylaw is adopted, and

(ii) not later than June 30, 2024, and

(

c) must not be adopted unless the local government has adopted a zoning bylaw that will apply to the land on the date the bylaw under subsection (2) comes into force.

(4) Section 930 [amendment and discharge of land use contracts] does not apply in relation to a bylaw adopted under subsection (2).

(5) Within 30 days after adopting a bylaw under subsection (2), a local government must give written notice of the bylaw to the proper land title office for each parcel of land subject to a land use contract that the bylaw will terminate.

(6) A notice under subsection (5) must

(

a) be in a form satisfactory to the registrar of land titles,

(

b) include a certified copy of the bylaw, and

(

c) identify the following:

(

i) by charge number, each land use contract that the bylaw will terminate;

(ii) by legal description and parcel identifier, each parcel of land subject to a land use contract that the bylaw will terminate.

Notice of termination

914.3

(1) A local government must give written notice of the termination of a land use contract to the owner of land that is within the jurisdiction of the local government and subject to the land use contract.

(2) A notice under subsection (1) must

(

a) be mailed or otherwise delivered as follows:

(

i) if the local government adopts a bylaw under

section 914.2 that will terminate the land use contract, by the date 10 days after the adoption of the bylaw to the owners as shown on the assessment roll as at the date of the first reading of the bylaw;

(ii) if subparagraph (

i) does not apply, by June 30, 2022 to the owners as shown on the assessment roll as at a date no more than one month before the notice is mailed or delivered,

(

b) identify the place where and the times and dates when zoning bylaws are available for public inspection, and

(

c) if the local government adopts a bylaw under

section 914.2 that will terminate the land use contract, inform the owner that the owner may apply to a board of variance for an exemption under

section 901.1.

(3) The obligation to deliver a notice under subsection (2) (

a) must be considered satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Discharge of land use contracts

914.4

(1) This

section applies despite any enactment or law to the contrary.

(2) If a land use contract is registered as a charge against a title to land and the land use contract is terminated under

section 914.1 or 914.2, the charge is deemed to be discharged as of the date of the termination of that land use contract.

(3) The following are conclusive proof that a land use contract is terminated:

(

a) before June 30, 2024,

(

i) this Act, and

(ii) a certified copy of the bylaw under

section 914.2 that terminates the land use contract;

(

b) on or after June 30, 2024, this Act.

(4) The registrar of land titles is not required to inquire whether a bylaw under

section 914.2 has been made in accordance with this Part before cancelling registration of a charge that is discharged by operation of that bylaw and subsection (2) of this section.

SECTION 43: [Local Government Act,

section 921] is consequential to an amendment made

by this Bill.

Section 921 (7) is amended by striking out " , 894 and 913 " and substituting " and 894 ".

SECTION 44: [Local Government Act,

section 930] is consequential to an amendment made

by this Bill.

Section 930 is amended

(

a) in subsection (2) by striking out " Subject to subsections (4) and (6) " and substituting " Subject to subsection (4) ", and

(

b) by repealing subsections (6) to (8.1).

SECTION 45: [Local Government Act,

section 937.001] protects certain building permits

from changes in development cost charges made up to a year before issuance

of the building permit and while the building permit application or a related

application is in-stream.

Section 937.001 is repealed and the following substituted:

Bylaws adopted after application for rezoning, development

permit or building permit submitted

937.001

(1) In this section:

"in-stream" means not determined, rejected or withdrawn;

"precursor application" , in relation to a building permit, means

(

a) the application for the issuance of the building permit, if the application has been submitted to a designated local government officer in a form satisfactory to the designated local government officer and the applicable fee has been paid,

(

b) an application for the issuance of a development permit, if

(

i) the application has been submitted to a designated local government officer in a form satisfactory to the designated local government officer and the applicable fee has been paid, and

(ii) the development authorized by the building permit is entirely within the area of land that is the subject of the application, or

(

c) an application for an amendment to a zoning bylaw, if

(

i) the application has been submitted in accordance with the applicable procedures under

section 895 [development approval procedures] and the applicable fee has been paid, and

(ii) the development authorized by the building permit is entirely within the area of land to which the application relates.

(2) A bylaw under

section 933 that imposes development cost charges that would otherwise be applicable to the construction, alteration or extension of a building or structure has no effect with respect to that construction, alteration or extension if

(

a) the building permit authorizing that construction, alteration or extension is issued within 12 months of the date the bylaw is adopted, and

(

b) a precursor application to that building permit is in-stream on the date the bylaw is adopted,

unless the applicant for that building permit agrees in writing that the bylaw should have effect.

SECTION 46: [Local Government Act,

section 938] provides the minister responsible for the

administration of the Transportation Act with the authority to make regulations

to require approval for specified bylaws.

Section 938 (3.1) is repealed and the following substituted:

(3.1) The minister responsible for the administration of the Transportation Act may make regulations requiring approval of that minister before the adoption of a bylaw under subsection (1) (

a) or (

b) that establishes standards or requirements in relation to highways in an area outside a municipality.

(3.2) A regulation under subsection (3.1) may be different in relation to one or more of the following:

(

a) different bylaws;

(

b) different classes of bylaws;

(

c) different regional districts;

(

d) different areas;

(

e) different circumstances.

Vancouver Charter

SECTION 47: [Vancouver Charter,

section 2.1] is consequential to an amendment made by

this Bill.

Section 2.1 (1) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding "

section 873.2 [provincial policy guidelines] ; " after "

Part 25 [Regional Growth Strategies] ; ".

SECTION 48: [Vancouver Charter,

section 523D] protects certain building permits from

changes in development cost levies made up to a year before issuance of the

building permit and while the building permit application or a related application

is in-stream.

Section 523D (8.2) is repealed and the following substituted:

(8.2) A by-law imposing, or amending the amount of, a development cost levy that would otherwise be applicable to the construction, alteration or extension of a building or structure, or part of a building or structure, has no effect with respect to that construction, alteration or extension if

(

a) the building permit authorizing that construction, alteration or extension is issued within 12 months of the date the by-law is adopted, and

(

b) a precursor application to the building permit is in-stream on the date the by-law is adopted,

unless the applicant for that building permit agrees in writing that the by-law should have effect.

(8.3) For the purposes of subsection (8.2):

"in-stream" means not determined, rejected or withdrawn;

"precursor application" , in relation to a building permit, means

(

a) the application for the issuance of the building permit, if the application has been submitted to a designated official of the city in a form satisfactory to the designated official of the city and the applicable fee has been paid,

(

b) an application for the issuance of a development permit, if

(

i) the application has been submitted to a designated official of the city in a form satisfactory to the designated official of the city and the applicable fee has been paid, and

(ii) the construction, alteration or extension authorized by the building permit is entirely within the area of land that is the subject of the application, or

(

c) an application for an amendment to a zoning by-law, if

(

i) the application has been submitted to a designated official of the city in a form satisfactory to the designated official of the city and the applicable fee has been paid, and

(ii) the construction, alteration or extension authorized by the building permit is entirely within the area of land to which the application relates.

Part 4 – Education Amendments

Special Accounts Appropriation and Control Act

SECTION 49: [Special Accounts Appropriation and Control Act,

section 9.4] provides the

purposes for which the minister may pay amounts out of the special fund.

Section 9.4 (4) of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is repealed and the following substituted:

(4) Despite

section 21 (3) of the Financial Administration Act , the minister responsible for the administration of this

section may pay amounts out of the special account for the purposes of

(

a) providing financial assistance in accordance with the regulations in respect of children born on or after January 1, 2007 who are eligible in accordance with the regulations,

(

b) paying expenses related to the British Columbia Training and Education Savings Program, and

(

c) covering any investment losses of the special account.

SECTION 50: [Special Accounts Appropriation and Control Act,

section 9.4] establishes

the British Columbia Training and Education Savings Program special

account for the purposes of providing future financial assistance to children

and funding to a prescribed class of persons to pursue training and education.

Section 9.4 is repealed and the following substituted:

British Columbia Training and Education Savings Program

special account

9.4

(1) In this section, "designated person" means a person designated by the minister responsible for the administration of the Child, Family and Community Service Act , other than any of the following:

(

a) the government;

(

b) a government body as defined in the Financial Administration Act ;

(

c) an employee or officer of the government;

(

d) an employee or officer of a government body as defined in the Financial Administration Act .

(2) The Children's Education Fund special account is continued as the British Columbia Training and Education Savings Program special account, consisting of the following:

(

a) for certainty, an initial balance of the funds that are in the Children's Education Fund special account on the day before this

section comes into force;

(

b) in 2014 and each subsequent calendar year, effective April 1 of the year, an additional amount calculated by multiplying $1 000 by the total of

(

i) the estimated number of children who will be born in British Columbia in that year, and

(ii) the estimated number of children who will be adopted in British Columbia in that year who were born outside British Columbia on or after January 1, 2014;

(

c) all earnings of the special account net of any associated investment fees and expenses;

(

d) repayments to the government of financial assistance under the British Columbia Training and Education Savings Program.

(3) The estimates required for the purposes of subsection (2) (

b) are to be determined by the minister responsible for the administration of the Financial Administration Act based on information provided by the director under the Statistics Act .

(4) The minister responsible for the administration of this

section may do one or more of the following:

(5) Despite

section 21 (3) of the Financial Administration Act , the minister responsible for the administration of this

section may pay amounts out of the special account for the purposes of

(

a) providing financial assistance in accordance with the regulations in respect of children born on or after January 1, 2007 who are eligible in accordance with the regulations,

(

b) paying expenses related to the British Columbia Training and Education Savings Program, and

(

c) covering any investment losses of the special account.

(6) Despite

section 21 (3) of the Financial Administration Act , the minister responsible for the administration of this

section

(

a) may, on the request of the minister responsible for the administration of the Child, Family and Community Service Act , pay out of the special account to one or more designated persons an amount determined in accordance with the regulations, for the purposes of

(

i) providing funding to assist a prescribed class of persons to pursue training and education described in an agreement under subsection (8) to the extent authorized by an agreement under that subsection, and

(ii) paying expenses related to the purpose described in subparagraph (

i) to the extent authorized by an agreement under subsection (8), and

(

b) must, if there is more than one designated person, pay any amount under paragraph (

a) to the designated persons in the proportion requested by the minister responsible for the administration of the Child, Family and Community Service Act .

(7) For the purposes of subsection (5) (a), an application for financial assistance for individual children must

(

a) be in a form and filed in a manner approved by the minister responsible for the administration of this section, and

(

b) include

(

i) prescribed information, and

(ii) any other information required by the minister responsible for the administration of this section.

(8) For the purposes of subsection (6), the minister responsible for the administration of the Child, Family and Community Service Act may enter into an agreement with a designated person respecting

(

a) any matter referred to in subsection (6) (a),

(

b) the administration of the funding provided under subsection (6) (a) (i), and

(

c) any other matter that minister considers necessary.

(9) The Lieutenant Governor in Council may make regulations for the purposes of subsection (5), including, without limitation, regulations doing one or more of the following:

(

a) prescribing eligibility requirements;

(

b) prescribing amounts of financial assistance;

(

c) prescribing the manner in which financial assistance is provided;

(

d) respecting applications for financial assistance, including prescribing information required to be included in applications;

(

e) authorizing the minister responsible for the administration of this

section to extend a deadline that may be prescribed under paragraph (

a) or (

d) of this subsection;

(

f) authorizing the indirect collection of personal information necessary to determine a child's eligibility for financial assistance;

(

g) prescribing conditions under which financial assistance is provided, or authorizing the minister responsible for the administration of this

section to establish conditions under which financial assistance is provided;

(

h) respecting repayments to the government of financial assistance under the British Columbia Training and Education Savings Program, including requiring that repayments be made and prescribing circumstances in which repayments must be made;

(

i) providing that payments from the special account are not subject to any process of garnishment, attachment, execution or seizure by a creditor.

(10) The Lieutenant Governor in Council may make regulations for the purposes of subsection (6) (a), including, without limitation, regulations doing one or both of the following:

(

a) prescribing classes of persons;

(

b) respecting the determination of the amount to be paid to one or more designated persons, including, without limitation, the manner in which the amount is determined and the use of information provided by the minister responsible for the administration of the Child, Family and Community Service Act .

(11) A person has no right of action and must not commence or maintain proceedings, as a result of amendments made by B.C. Reg. 132/2013 to the eligibility requirements for financial assistance from the British Columbia Training and Education Savings Program, in respect of any representations that were made or may have been made or any trusts that were created or may have been created in respect of the Children's Education Fund,

(

a) to claim damages or compensation of any kind from the government or a governmental body, or

(

b) to obtain a declaration that damages or compensation is payable by the government or a governmental body.

Transitional Provision

Special Accounts Appropriation and Control Act transition – British Columbia

Training and Education Savings Program special account

SECTION 51: [Special Accounts Appropriation and Control Act transition – British

Columbia Training and Education Savings Program special account] provides

transitional rules for the 2014 calendar year.

51 If, at the time this

section comes into force, a credit for the 2014 calendar year has been made to the Children's Education Fund special account under

section 9.4 (2) (

b) of the Special Accounts Appropriation and Control Act as the

section read immediately before its repeal and replacement by this Act, no credits for the 2014 calendar year are to be made to the British Columbia Training and Education Savings Program special account under

section 9.4 (2) (

b) of the Special Accounts Appropriation and Control Act as enacted by this Act.

Part 5 – Energy and Mines Amendments

Mines Act

SECTION 52: [Mines Act,

section 10]

amends the provisions under which the chief inspector issues mining permits or makes revisions to permits or extensions to permit terms so that permits may be issued or revisions or extensions made only if any prescribed fees have been paid as prescribed, and

repeals a redundant subsection.

Section 10 of the Mines Act, R.S.B.C. 1996, c. 293, is amended

(

a) in subsection (3) by adding " and if the applicant has complied with the regulations, if any, made under

section 38 (2) (

l) respecting applications for permits, " after " satisfactory ",

(

b) in subsection (6) by adding " , if the applicant has complied with the regulations, if any, made under

section 38 (2) (

l) respecting revisions or extensions under this subsection, " after " and the chief inspector ", and

(

c) by repealing subsection (9).

SECTION 53: [Mines Act,

section 38] authorizes regulations prescribing fees and charges

that must be paid respecting services and duties under the Act.

Section 38 (2) is amended by adding the following paragraph:

(

l) prescribing fees and charges that must be paid in respect of any matter for which a service is provided or a duty performed under this Act and prescribing the time and manner of payment of the fees and charges.

Part 6 – Finance Amendments

Esquimalt and Nanaimo Railway Belt Tax Act

SECTION 54: [Esquimalt and Nanaimo Railway Belt Tax Act] repeals the Act.

54 The Esquimalt and Nanaimo Railway Belt Tax Act, R.S.B.C. 1996, c. 121, is repealed.

Manufactured Home Act

SECTION 55: [Manufactured Home Act,

section 30] is consequential to the addition by this

Bill of

section 21.01 of the Taxation (Rural Area) Act .

Section 30 (3) of the Manufactured Home Act, S.B.C. 2003, c. 75, is amended by striking out " except as provided in

section 3 of the Manufactured Home Tax Act , " and substituting " except as provided in

section 3 of the Manufactured Home Tax Act or

section 21.01 (1) of the Taxation (Rural Area) Act , ".

Real Estate Development Marketing Act

SECTION 56: [Real Estate Development Marketing Act,

section 1]

adds

definitions of "consolidated disclosure statement" and "phase disclosure statement" and includes them within the broader concept of "disclosure statement";

adds a definition of "new purchaser" to ensure that only purchasers who have not previously received disclosure statements can receive consolidated disclosure statements and phase disclosure statements instead of amendments;

amends the definition of "developer" to allow for the exclusion of persons or classes of persons from the Act by regulation.

Section 1 of the Real Estate Development Marketing Act, S.B.C. 2004, c. 41, is amended

(

a) by adding the following

definitions:

"consolidated disclosure statement" means a statement filed with the superintendent under

section 15.2 [consolidated disclosure statements] ;

"new purchaser" means a purchaser who has not previously received from a developer a disclosure statement in relation to the development unit or development property;

"phase disclosure statement" means a statement filed with the superintendent under

section 15.1 [phase disclosure statements] ; ,

(

b) in the definition of "developer" by striking out " development property; " and substituting " development property, unless the person is, or is in a class of persons which is, excluded by regulation; ", and

(

c) in the definition of "disclosure statement" by striking out " any amendment made to a disclosure statement; " and substituting " a consolidated disclosure statement, a phase disclosure statement and an amendment made to a disclosure statement; ".

SECTION 57: [Real Estate Development Marketing Act,

section 14] gives a developer who

markets strata property in phases the option of filing a phase disclosure statement,

instead of an amendment to a disclosure statement, if the developer is

not marketing any units in previous phases.

Section 14 is amended by adding the following subsection:

(4.1) Despite subsection (4), a developer who markets development units in a successive phase of a strata plan that is the subject of a Phased Strata Plan Declaration under the Strata Property Act need not file an amendment to a disclosure statement if both of the following apply:

(

a) the developer files a phase disclosure statement under

section 15.1 [phase disclosure statements] before marketing development units in the successive phase;

(

b) the developer does not market any development units in any previous phase of the development property.

SECTION 58: [Real Estate Development Marketing Act,

section 15] permits the developer

to provide disclosure statements by electronic means with written consent of

the purchaser.

Section 15 is amended by adding the following subsection:

(3) Despite

section 4 (2) of the Electronic Transactions Act , a developer may provide a copy of a disclosure statement by electronic means only with the written consent of the purchaser.

SECTION 59: [Real Estate Development Marketing Act, sections 15.1 and 15.2]

provides for the filing of phase disclosure statements for phases of strata developments with information relevant to each phase;

allows developers to provide phase disclosure statements to new purchasers instead of the original disclosure statement and subsequent amendments;

provides for the filing of consolidated disclosure statements when the content of the disclosure statements has been modified by amendments;

allows developers to provide consolidated disclosure statements to new purchasers instead of the original disclosure statement and subsequent amendments;

gives new purchasers the right to require developers to provide free copies of original documents and amendments within 30 days of receiving a written request.

59 The following sections are added:

Phase disclosure statements

15.1

(1) A developer who markets development units in a strata plan that is the subject of a Phased Strata Plan Declaration under the Strata Property Act

(

a) may, before marketing development units in a phase, file with the superintendent a phase disclosure statement under this section, and

(

b) may provide the phase disclosure statement to a new purchaser.

(2) A phase disclosure statement must comply with

section 14 (2) [filing disclosure statements] in relation to the development property and the development units in the phase.

(3) Despite any provisions in this Act or the regulations, but subject to subsection (4), if a developer provides a phase disclosure statement to a new purchaser of a development unit in a phase, the developer need not provide to the new purchaser

(

a) the first disclosure statement filed in relation to the development property by the developer,

(

b) any amendment to a disclosure statement filed prior to or at the same time as the filing of the phase disclosure statement,

(

c) any consolidated disclosure statements filed in relation to other phases of the development property, or

(

d) any phase disclosure statements filed in relation to other phases of the development property.

(4) A new purchaser who receives a phase disclosure statement may request in writing a copy of a disclosure statement referred to in subsection (3) (a), (b), (

c) or (d), and the developer must provide to the new purchaser, without charge, a copy of the disclosure statement no later than 30 days after receipt of the request.

Consolidated disclosure statements

15.2

(1) A developer who files an amendment to a disclosure statement, including an amendment to a phase disclosure statement,

(

a) may also file with the superintendent a consolidated disclosure statement under this section, and

(

b) may provide the consolidated disclosure statement to a new purchaser.

(2) A consolidated disclosure statement must contain the following:

(

a) in the case of a phase of a development property with respect to which a phase disclosure statement has been filed, the content of the phase disclosure statement filed in relation to the phase as modified by any subsequently filed amendment to the phase disclosure statement;

(

b) in every other case, the content of the first disclosure statement in relation to the development property filed by the developer as modified by any subsequently filed amendment to the first filed disclosure statement.

(3) Despite any provision in this Act or the regulations, but subject to subsection (4), if a developer provides a consolidated disclosure statement to a new purchaser, the developer need not provide to the new purchaser

(

a) the first disclosure statement filed in relation to the development property by the developer,

(

b) the phase disclosure statement in a case where the consolidated disclosure statement is in relation to a phase of a development property with respect to which a phase disclosure statement has been filed,

(

c) any amendments to a disclosure statement filed prior to or at the same time as the filing of the consolidated disclosure statement, or

(

d) any consolidated disclosure statement previously filed in relation to the development property.

(4) A new purchaser who receives a consolidated disclosure statement may request in writing a copy of any disclosure statement referred to in subsection (3) (a), (b), (

c) or (d), and the developer must provide to the new purchaser, without charge, a copy of the disclosure statement no later than 30 days after receipt of the request.

SECTION 60: [Real Estate Development Marketing Act,

section 18] provides for release of

the deposit when the purchaser fails to pay the balance of the purchase price

when that balance is due.

Section 18 (4) (

b) and (

c) is amended by adding " or the balance of the purchase price " after " subsequent deposit ".

SECTION 61: [Real Estate Development Marketing Act,

section 21]

restricts the right to rescind of a purchaser who receives or is entitled to receive an amendment to a disclosure statement to circumstances in which

the amendment would disclose facts material at the time of rescission or closing and reasonably relevant to the purchaser, and

the purchaser has not owned the development unit for more than one year;

gives courts the power to order a purchaser to pay market rent when the purchaser occupies a unit and then rescinds.

Section 21 is amended

(

a) in subsection (3) by striking out " Regardless of whether title, " and substituting " Subject to subsection (3.1), regardless of whether title, ",

(

b) by adding the following subsections:

(3.1) Subsection (3) does not apply if the disclosure statement the purchaser is entitled to receive, but does not receive, in respect of a development property is any of the following:

(

a) an amendment to a disclosure statement;

(

b) a disclosure statement that the purchaser becomes entitled to receive as a result of a request made under

section 15.1 (4) [phase disclosure statements] ;

(

c) a disclosure statement that the purchaser becomes entitled to receive as a result of a request made under

section 15.2 (4) [consolidated disclosure statements] .

(3.2) Regardless of whether title, or the other interest for which a purchaser has contracted, to a development unit has been transferred, a purchaser of a development unit may rescind a purchase agreement by serving a written notice of rescission on the developer if the purchaser does not receive an amendment to a disclosure statement that the purchaser was entitled to receive, and if all of the following apply:

(

a) the purchaser does not become entitled to receive the amendment to the disclosure statement only as a result of a request made under

section 15.1 (4) [phase disclosure statements] or 15.2 (4) [consolidated disclosure statements] ;

(

b) the amendment the purchaser is entitled to receive relates to or would have related to a fact or proposal to do something that is a material fact on the earlier of the following dates:

(

i) the date on which the notice of rescission is served on the developer;

(ii) the date on which the purchase agreement requires the developer to transfer to the purchaser title or the other interest for which the purchaser has contracted;

(

c) the amendment the purchaser is entitled to receive relates to or would have related to a fact or proposal to do something that was or would have been reasonably relevant to the purchaser in deciding to enter into the purchase agreement;

(

d) no more than one year has elapsed after the transfer of title or the other interest for which that purchaser has contracted. ,

(

c) in subsection (4) by striking out " subsection (2) or (3) " and substituting " subsection (2), (3) or (3.2) ", and

(

d) by adding the following subsection:

(7) If a purchaser to whom title, or the other interest for which the purchaser has contracted, has been transferred serves a notice of rescission on a developer, the developer may apply to court for an order that the purchaser must pay to the developer market rent for occupation of the development unit.

SECTION 62: [Real Estate Development Marketing Act,

section 23] restricts the non-

enforceability remedy when a breach

relates to disclosure that is not material at the time of the purchase agreement or not reasonably relevant to the purchaser, or

is remedied by amendments no later than 30 days after the developer becomes aware of the misrepresentation and at least 14 days before closing.

Section 23 is repealed and the following substituted:

Agreements void for non-compliance

(1) Subject to subsection (2), a purchase agreement in relation to a development unit is not enforceable against the purchaser by a developer who has breached any provision of

Part 2 [Marketing and Holding Deposits] .

(2) A purchase agreement in relation to a development unit is enforceable against the purchaser if either of the following applies to each of the developer's breaches of

Part 2:

(

a) the breach involves a disclosure statement that does not comply with the Act or the regulations, but there is no misrepresentation in the disclosure statement concerning a material fact that was or would have been reasonably relevant to the purchaser in deciding to enter into the purchase agreement;

(

b) the breach involves a disclosure statement that includes a misrepresentation concerning a material fact, but the developer was not aware of the misrepresentation at the time the purchaser and the developer entered into the purchase agreement and the misrepresentation is corrected in an amendment to the disclosure statement to which both of the following apply:

(

i) the amendment is filed with the superintendent no later than 30 days after the developer becomes aware of the misrepresentation and the amendment is provided to the purchaser within a reasonable time after filing, as required by

section 16 (1) (b) [non-compliant disclosure statements] ;

(ii) the amendment is filed with the superintendent and provided to the purchaser no later than 14 days before the date on which the purchase agreement requires the developer to transfer to the purchaser title or the other interest for which the purchaser has contracted.

SECTION 63: [Real Estate Development Marketing Act,

section 46] gives regulatory

authority to create exclusions from the definition of "developer" and therefore

from the applicability of the Act.

Section 46 (2) is amended by adding the following paragraph:

(a.1) excluding a person or a class of persons from the definition of "developer" in

section 1; .

Taxation (Rural Area) Act

SECTION 64: [Taxation (Rural Area) Act,

section 1] adds

definitions for terms used in

section

21.01 of the Act, as added by this Bill.

Section 1 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended

(

a) in the definition of "copy taxation notice" by striking out "

section 21 (2) " and substituting "

section 21 (2) or 21.01 (1) (c), as applicable ", and

(

b) by adding the following

definitions:

"multi-owned parcel" means a parcel of land that

(

a) is set out in a taxation roll or supplementary taxation roll, and

(

b) is owned by more than one person;

"representative owner" , in relation to a multi-owned parcel, means the owner who is designated under

section 21.01 (1) (

a) as the representative owner of the multi-owned parcel; .

SECTION 65: [Taxation (Rural Area) Act,

section 2] is consequential to the repeal by this

Bill of the Esquimalt and Nanaimo Railway Belt Tax Act .

Section 2 (2) is amended by striking out " this Act and ".

SECTION 66: [Taxation (Rural Area) Act,

section 11] adds a reference to taxation notices

mailed under

section 21.01 (1) (

c) of the Act, consequential to the addition by

this Bill of

section 21.01 of the Act.

Section 11 (1) is amended by striking out " under

section 21 (2) " and substituting " under

section 21 (2) or 21.01 (1) (c) ".

SECTION 67: [Taxation (Rural Area) Act,

section 11] requires the Surveyor of Taxes to

issue a copy taxation notice to the representative owner of a multi-owned parcel,

consequential to the addition by this Bill of

section 21.01 of the Act.

Section 11 (1.1) is amended

(

a) in paragraph (

a) by striking out " to a taxpayer if, " and substituting " to a taxpayer other than an owner of a multi-owned parcel for which there is a representative owner if, ",

(

b) in subparagraph (a) (ii) by striking out " or ",

(

c) by adding the following paragraph:

(a.

l) to the representative owner of a multi-owned parcel if, on or before July 2 of the year the taxes are first levied,

(

i) the representative owner reports to the Surveyor of Taxes that the taxation notice mailed under

section 21.01 (1) (

c) was not received and the Surveyor of Taxes is satisfied that the representative owner did not receive the taxation notice, or

(ii) the British Columbia Assessment Authority reports to the Surveyor of Taxes that there has been a change in address of the representative owner, or , and

(

d) in paragraph (

b) by striking out " a parcel of land " and substituting " a parcel of land, other than a multi-owned parcel for which there is a representative owner, ".

SECTION 68: [Taxation (Rural Area) Act,

section 11] adds a reference to taxation notices

mailed under

section 21.01 (1) (

c) of the Act, consequential to the addition by

this Bill of

section 21.01 of the Act.

Section 11 (1.11) is amended by striking out " under

section 21 (2), " and substituting " under

section 21 (2) or 21.01 (1) (c), ".

SECTION 69: [Taxation (Rural Area) Act,

section 11] exempts an owner of a multi-owned

parcel from the payment deadlines set out in subsection (1) of this

section if a

copy taxation notice is issued to the representative owner, consequential to the

addition by this Bill of

section 21.01 of the Act.

Section 11 (1.2) is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) if the copy taxation notice is issued under paragraph (

a) of subsection (1.1), subsection (1) does not apply to the taxpayer or any other owner of the parcel of land to which the copy taxation notice relates, , and

(

b) by adding the following paragraph:

(a.1) if the copy taxation notice is issued under paragraph (a.1) of subsection (1.1), subsection (1) does not apply to the representative owner or any other owner of the multi-owned parcel, .

SECTION 70: [Taxation (Rural Area) Act,

section 12] adds a reference to supplementary

taxation notices mailed under

section 21.01 (1) (

c) of the Act, consequential to

the addition by this Bill of

section 21.01 of the Act.

Section 12 (1) is amended by striking out " under

section 21 (7) or (8.2) " and substituting " under

section 21 (7) or (8.2) or 21.01 (1) (c) ".

SECTION 71: [Taxation (Rural Area) Act,

section 18] is consequential to the addition by

this Bill of

section 21.01 of the Act.

Section 18 (1) is amended by striking out " Subject to subsections (2) to (4), " and substituting " Subject to subsections (2) to (4) of this

section and

section 21.01 (1), ".

SECTION 72: [Taxation (Rural Area) Act,

section 21] corrects an erroneous reference.

Section 21 (8) is amended by striking out " a single tax notice " and substituting " a single taxation notice ".

SECTION 73: [Taxation (Rural Area) Act,

section 21.01] authorizes the Surveyor of Taxes

to designate an owner of a multi-owned parcel as the representative owner,

name the representative owner on a taxation roll or supplementary taxation

roll, and mail a taxation notice or supplementary taxation notice to the representative

owner, instead of naming, and mailing a notice to, every owner.

73 The following

section is added:

Taxation rolls and notices for multi-owned parcels

21.01

(1) If the number of owners of a multi-owned parcel is greater than the number prescribed by the minister, the Surveyor of Taxes may do the following:

(

a) designate one of the owners as the representative owner of the multi-owned parcel;

(

b) set out the name of the representative owner in a taxation roll or supplementary taxation roll, instead of setting out the name of every owner of the multi-owned parcel;

(

c) despite

section 21 (2), (4), (7), (8) and (8.2), mail a taxation notice or supplementary taxation notice to the representative owner, instead of to every owner of the multi-owned parcel.

(2) Naming the representative owner of a multi-owned parcel on a taxation roll or supplementary taxation roll under subsection (1) (

b) and sending a taxation notice or supplementary taxation notice to the representative owner under subsection (1) (

c) have the same effect as if

(

a) the taxation roll or supplementary taxation roll had named every person who, at the time the taxation roll or supplementary taxation roll is prepared, is named on the assessment roll as an owner of the multi-owned parcel, and

(

b) the taxation notice or supplementary taxation notice had been sent to every person who, at the time the taxation notice or supplementary taxation notice is sent to the representative owner, is named on the assessment roll as an owner of the multi-owned parcel.

(3) Unless the person is exempt from taxes, a person referred to in subsection (2) (

a) or (

b) is personally liable for the taxes assessed, imposed and levied in relation to the multi-owned parcel, as if those taxes had been directly assessed, imposed and levied on that person.

(4) A designation made under subsection (1) (a)

(

a) may be revoked by the Surveyor of Taxes, and

(

b) ceases to have effect if the representative owner ceases to be an owner of the multi-owned parcel.

(5) If the Surveyor of Taxes makes a designation under subsection (1) (

a) or revokes the designation under subsection (4) (a),

(

a) the designation or revocation takes effect on the date specified by the Surveyor of Taxes, and

(

b) notice of the designation or revocation must be mailed to every person who, at the time the designation or revocation is made, is named on the assessment roll as an owner of the multi-owned parcel to which the designation relates.

(6) With the written agreement of the owner, a notice required under subsection (5) (

b) may be sent to the owner other than by mail.

SECTION 74: [Taxation (Rural Area) Act,

section 24.1] is consequential to the repeal by

this Bill of the Esquimalt and Nanaimo Railway Belt Tax Act .

74 The following

section is added to

Part 3:

Collection not affected by appeal

24.1

(1) If an appeal is made under the Assessment Act , the giving of a notice of appeal or a delay in the hearing of the appeal does not affect the due date, the delinquency date, the interest or penalty or any liability for payment provided by this Act in respect of tax levied on the assessed value that is the subject of the appeal.

(2) If an assessment is set aside or the assessed value reduced on appeal under the Assessment Act , the minister must refund to the taxpayer on completion of the action the tax or excess tax paid by the taxpayer, and any interest or penalty imposed or paid on the tax or arrears.

SECTION 75: [Taxation (Rural Area) Act,

Part 4] is consequential to the repeal by this Bill

of the Esquimalt and Nanaimo Railway Belt Tax Act .

Part 4 is repealed.

Consequential Amendments

British Columbia Transit Act

SECTION 76: [British Columbia Transit Act,

section 19] is consequential to the addition by

this Bill of

section 21.01 of the Taxation (Rural Area) Act .

Section 19 of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, is amended by adding the following subsection:

(2.1) Despite subsection (2), if an owner is designated under

section 21.01 (1) (

a) of the Taxation (Rural Area) Act as the representative owner of a multi-owned parcel, the Surveyor of Taxes may mail the notice to that representative owner, instead of to each of the persons referred to in subsection (2) of this section.

Manufactured Home Tax Act

SECTION 77: [Manufactured Home Tax Act,

section 2] is consequential to the addition by

this Bill of

section 21.01 of the Taxation (Rural Area) Act .

Section 2 of the Manufactured Home Tax Act, R.S.B.C. 1996, c. 281, is amended by striking out " except as provided in

section 3, " and substituting " except as provided in

section 3 of this Act or

section 21.01 (1) of the Taxation (Rural Area) Act , ".

Police Act

SECTION 78: [Police Act,

section 66.81] is consequential to the addition by this Bill of

section

21.01 of the Taxation (Rural Area) Act .

Section 66.81 of the Police Act, R.S.B.C. 1996, c. 367, is amended by adding the following subsection:

(2.1) Despite subsection (2), if an owner is designated under

section 21.01 (1) (

a) of the Taxation (Rural Area) Act as the representative owner of a multi-owned parcel, the Surveyor of Taxes may mail the notice setting out the police taxes to that representative owner, instead of to each of the persons referred to in subsection (2) of this section.

School Act

SECTION 79: [School Act,

section 128] is consequential to the addition by this Bill of

section

21.01 of the Taxation (Rural Area) Act .

Section 128 of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following subsection:

(2.1) Despite subsection (2), if an owner is designated under

section 21.01 (1) (

a) of the Taxation (Rural Area) Act as the representative owner of a multi-owned parcel, the Surveyor of Taxes may mail the notice to that representative owner, instead of to each of the persons referred to in subsection (2) of this section.

South Coast British Columbia Transportation Authority Act

SECTION 80: [South Coast British Columbia Transportation Authority Act,

section 27] is

consequential to the addition by this Bill of

section 21.01 of the Taxation

(Rural Area) Act .

Section 27 of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended

(

a) by adding the following subsection:

(4.1) Despite subsection (4) (a), if an owner is designated under

section 21.01 (1) (

a) of the Taxation (Rural Area) Act as the representative owner of a multi-owned parcel, the Surveyor of Taxes may mail the notice to that representative owner, instead of to each person referred to in subsection (4) (

a) of this section. ,

(

b) in subsection (6) by striking out " notice provided under subsection (4) or (5) " and substituting " notice provided under subsection (4), (4.1) or (5) ",

(

c) in subsection (6) (

a) by striking out "

section 21 (2) of the Taxation (Rural Area) Act " and substituting "

section 21 (2) or 21.01 (1) (

c) of the Taxation (Rural Area) Act ", and

(

d) in subsection (7) by striking out " notice under subsection (4) or (5) " and substituting " notice under subsection (4), (4.1) or (5) ".

Part 7 – Health Amendments

Hospital Act

SECTION 81: [Hospital Act,

section 20] authorizes a nurse practitioner to certify that a person

is dead so that the body may be removed from a licensed hospital.

Section 20 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended by adding " or nurse practitioner " after " a medical practitioner ".

Marriage Act

SECTION 82: [Marriage Act,

section 1] is consequential to amendments made by this Bill to

section 1 of the Vital Statistics Act .

Section 1 of the Marriage Act, R.S.B.C. 1996, c. 282, is amended by repealing the definition of "chief executive officer" and substituting the following:

"registrar general" has the same meaning as in the Vital Statistics Act ; .

SECTION 83: [Marriage Act, sections 2 to 5, 7, 11, 13, 14, 16, 19, 22 and 24] is consequential

to amendments made by this Bill to

section 1 of the Vital Statistics Act .

83 Sections 2 (1) and (3) to (7), 3 (1) and (2), 4 (1) and (3) to (5), 5 (1), (3) (

b) and (4), 7 (2), 11 (1), 13 (4) and (5), 14 (3), (4) and (6), 16 (1), 19 (2) (

a) and (

b) and (3), 22 (2) and 24 are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 84: [Marriage Act,

section 25] is consequential to amendments made by this Bill

section 1 of the Vital Statistics Act .

Section 25 is amended

(

a) in subsection (3) by striking out " the chief executive officer but remain the property of the chief executive officer's office and must be returned to the chief executive officer " and substituting " the registrar general but remain the property of the registrar general's office and must be returned to the registrar general ", and

(

b) in subsections (4) and (5) by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 85: [Marriage Act,

section 34] is consequential to amendments made by this Bill

section 1 of the Vital Statistics Act .

Section 34 is amended by striking out " chief executive officer " and substituting " registrar general ".

Name Act

SECTION 86: [Name Act,

section 1]

is consequential to amendments made by this Bill to

section 1 of the Vital Statistics Act ;

changes the definition of "surname";

adds a definition of "parent".

Section 1 of the Name Act, R.S.B.C. 1996, c. 328, is amended

(

a) by repealing the

definitions of "chief executive officer" and "surname" and substituting the following:

"registrar general" has the same meaning as in the Vital Statistics Act ;

"surname" has the same meaning as in the Vital Statistics Act ; , and

(

b) by adding the following definition:

"parent" means a parent under

Part 3 of the Family Law Act ; .

SECTION 87: [Name Act,

section 2] corrects a grammatical error.

Section 2 (1) is amended by striking out " unless authorized so to do " and substituting " unless authorized to do so ".

SECTION 88: [Name Act,

section 4]

is consequential to amendments made by this Bill to

section 1 of the Act;

is consequential to amendments made by this Bill to

section 1 of the Vital Statistics Act ;

makes the provision consistent with the Family Law Act .

Section 4 is amended

(

a) in subsection (3) by striking out " a person who is the parent of and who has guardianship or custody of an unmarried minor child may, with the consent of the other parent of the child, " and substituting " a parent having guardianship or custody of an unmarried minor child may, with the consent of all other parents having guardianship and other guardians of the child, ", and

(

b) in subsections (5) and (6) by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 89: [Name Act,

section 5]

is consequential to amendments made by this Bill to

section 1 of the Act;

is consequential to amendments made by this Bill to

section 1 of the Vital Statistics Act ;

makes the provision consistent with the Family Law Act .

Section 5 is amended

(

a) in subsection (2) by striking out " written consent of the other parent. " and substituting " written consent of all other parents. ", and

(

b) in subsection (5) by striking out " chief executive officer " and substituting " registrar general ".

SECTION 90: [Name Act, sections 6.1 and 7 to 9] is consequential to amendments made by

this Bill to

section 1 of the Vital Statistics Act .

90 Sections 6.1 (1), 7, 8 and 9 (1) to (5) and (7) are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 91: [Name Act,

section 11] is consequential to amendments made by this Bill to

section 1 of the Vital Statistics Act .

Section 11 is amended

(

a) by striking out " chief executive officer " wherever it appears and substituting " registrar general ", and

(

b) in subsection (1) by striking out " chief executive officer's " wherever it appears and substituting " registrar general's ".

SECTION 92: [Name Act, sections 12 to 15, 17 and 18] is consequential to amendments

made by this Bill to

section 1 of the Vital Statistics Act .

92 Sections 12, 13 (1) and (5), 14 (1) and (3), 15 (1) and (3), 17 (3) and 18 are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

Vital Statistics Act

SECTION 93: [Vital Statistics Act,

section 1]

replaces the

definitions of "burial permit" and "chief executive officer" with "disposition permit" and "registrar general" respectively;

changes the definition of "given name";

is consequential to amendments made by this Bill to this

section of the Act;

adds

definitions of "parent" and "surname".

Section 1 of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended

(

a) by repealing the

definitions of "burial permit" , "chief executive officer" and "given name" and substituting the following:

"disposition permit" means a permit to dispose of human remains or cremated human remains;

"given name" means a name other than a surname;

"registrar general" means the registrar general of the Vital Statistics Agency, appointed in accordance with

section 31 (2); ,

(

b) in the definition of "certificate" by striking out " chief executive officer " and substituting " registrar general ", and

(

c) by adding the following

definitions:

"parent" means a parent under

Part 3 of the Family Law Act ;

"surname" means a hereditary name, family name or last name; .

SECTION 94: [Vital Statistics Act,

section 2] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 2 (5) is amended by striking out " chief executive officer " in both places and substituting " registrar general ".

SECTION 95: [Vital Statistics Act,

section 3]

is consequential to amendments made by this Bill to

section 1 of the Act;

corrects grammatical errors;

provides for applications to amend a registration of birth to be accompanied by a prescribed fee;

makes the wording consistent with other terminology used in the Act.

Section 3 is amended

(

a) in subsections (1) and (2) by striking out " chief executive officer " wherever it appears and substituting " registrar general ",

(

b) in subsection (1.1) by striking out " must completed and delivered to the chief executive officer " and substituting " must be completed and delivered to the registrar general ",

(

c) in subsection (3) by striking out " subsection (1) (

c) or (

d) or (1.1) (

d) the person " and substituting " subsection (1) (

c) or (

d) or (1.1) (d), the person ",

(

d) in subsection (6) by striking out " the chief executive officer must alter the registration of birth on application by " and substituting " the registrar general must amend the registration of birth on application and payment of the prescribed fee by ",

(

e) in subsection (6.1) (

b) by striking out " the chief executive officer must alter the registration of birth " and substituting " the registrar general must amend the registration of birth ", and

(

f) in subsection (7) by striking out " alter the registration of birth " and substituting " amend the registration of birth ".

SECTION 96: [Vital Statistics Act,

section 4.1]

is consequential to amendments made by this Bill to

section 1 of the Act;

makes the wording consistent with other terminology used in the Act.

Section 4.1 (4) is amended

(

a) in paragraph (

a) by striking out " the chief executive officer must record the child's name on the registration of birth, " and substituting " the registrar general must amend the child's registration of birth in respect of the child's name, ", and

(

b) by repealing paragraph (

b) and substituting the following:

(

b) a birth certificate issued after the making of an amendment under paragraph (

a) must be prepared as if the child's original birth registration had been made containing the name as amended.

SECTION 97: [Vital Statistics Act,

section 5] is consequential to the addition by this Bill of

section 42.1 to the Act.

Section 5 is repealed.

SECTION 98: [Vital Statistics Act, sections 6 and 7] is consequential to amendments made

by this Bill to

section 1 of the Act.

98 Sections 6 and 7 are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 99: [Vital Statistics Act,

section 8]

replaces the requirement for a person who finds a deserted child to register the child with a requirement to provide known particulars of the child to the person taking charge of the child;

removes the requirement for the registrar general to have the child undergo a medical examination;

is consequential to amendments made by this Bill to

section 1 of the Act.

Section 8 is amended

(

a) by repealing subsections (1) to (3) and substituting the following:

(1) If a newborn child is found deserted,

(

a) the person who finds the child must provide to the person who takes charge of the child all information the person who finds the child has regarding the particulars referred to in paragraph (b), and

(

b) the person who takes charge of the child must provide to the registrar general, within 7 days after taking charge of the child, the information that the person has regarding the particulars required to be registered concerning the birth of the child.

(2) The registrar general, on receipt of the information regarding the birth of the child and on being satisfied that every reasonable effort has been made without success to identify the child, must require the person who has charge of the child to complete the following:

(

a) an affidavit concerning the facts of the finding of the child;

(

b) a statement, to the extent the person is able, in the form required under

section 3 (1). ,

(

b) in subsection (4) by striking out " The chief executive officer, on receipt of the affidavits and statement mentioned in subsection (2), " and substituting " The registrar general, on receipt of the affidavit and statement referred to in subsection (2), ",

(

c) in subsection (5) by striking out " , subject to subsections (7) and (8), ", and

(

d) in subsections (6), (7) and (9) by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 100: [Vital Statistics Act,

section 9]

is consequential to amendments made by this Bill to

section 1 of the Act;

makes the wording consistent with other terminology used in the Act.

Section 9 is amended

(

a) in subsections (1) and (2) by striking out " chief executive officer " wherever it appears and substituting " registrar general ",

(

b) by repealing subsection (3) and substituting the following:

(3) The minister may, in the best interests of the child, the applicant and the public,

(

a) order the registrar general to amend the birth registration to include the name for which the applicant applied, or

(

b) confirm the registrar general's decision. , and

(

c) in subsection (5) by striking out " chief executive officer's " and substituting " registrar general's ".

SECTION 101: [Vital Statistics Act,

section 10]

removes the requirement to provide a baptismal certificate when applying to amend a birth registration in respect of a child's given name;

clarifies that only persons having guardianship of a child, or the adult child, may apply to change the child's name;

makes the wording consistent with other terminology used in this

section and in the Act;

clarifies that the amendment to a birth registration must reflect a name given to the child before the child reached 12 years of age;

is consequential to amendments made by this Bill to

section 1 of the Act.

Section 10 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) Subject to

section 9 and except in a case to which

section 4.1 or 26 applies, this

section applies if a child's birth has been registered and an amendment to the registration is desired respecting the child's given name.

(2) A parent having guardianship or another guardian of a child, with the consent of all other guardians of the child, or the child after the child has reached 19 years of age, may apply to the registrar general for an amendment in respect of a child's given name by providing

(

a) an affidavit, in the form required by the registrar general, setting out the particulars of the amendment, and

(

b) other documentary evidence satisfactory to the registrar general. ,

(

b) in subsection (3) by striking out " the chief executive officer must record the alteration or addition. " and substituting " the registrar general must amend the child's registration of birth. ",

(

c) by repealing subsections (4) to (6) and substituting the following:

(4) An amendment under this

section may be made only in respect of a name given to the child before the child reached 12 years of age.

(5) An amendment to a registration of birth in respect of a given name must not be made except as provided in this Act.

(6) A birth certificate issued after the making of an amendment under this

section must be prepared as if the person's original birth registration had been made containing the given name as amended. , and

(

d) in subsections (7) and (8) by striking out " chief executive officer " and substituting " registrar general ".

SECTION 102: [Vital Statistics Act,

section 11]

is consequential to amendments made by this Bill to

section 1 of the Act;

replaces a requirement to provide a statement respecting a stillbirth to the registrar general with a requirement to provide the statement to a vital statistics registrar;

clarifies the form in which medical certificates must be provided, authorizes nurse practitioners to provide medical certificates if no medical practitioner was in attendance, and authorizes medical certificates to be provided to vital statistics registrars.

Section 11 is amended

(

a) in subsection (2) by striking out " a statement in the form required by the chief executive officer respecting the stillbirth must be completed and delivered to a funeral director or the chief executive officer " and substituting " a statement, in the form required by the registrar general, respecting the stillbirth must be completed and delivered to a funeral director or a vital statistics registrar ",

(

b) by repealing subsection (3) and substituting the following:

(3) Every medical practitioner in attendance at a stillbirth, or, if there is no medical practitioner in attendance, a medical practitioner, a nurse practitioner or a coroner, must

(

a) complete the medical certificate, included in the form referred to in subsection (2), showing the cause of the stillbirth, and

(

b) deliver the medical certificate to the funeral director or a vital statistics registrar. , and

(

c) in subsection (6) by striking out " burial permit " and substituting " disposition permit ".

SECTION 103: [Vital Statistics Act,

section 12]

is consequential to amendments made by this Bill to

section 1 of the Act;

replaces a requirement to delete an original birth registration on registering an adoption with a requirement to amend the original birth registration.

Section 12 is amended

(

a) in subsections (1) and (4) by striking out " chief executive officer " and substituting " registrar general ", and

(

b) by repealing subsections (2) and (3) and substituting the following:

(2) If, at the time of the registration of the adoption, or at any time afterward, there is in the registrar general's office a registration of the birth of the person adopted, the registrar general, on production of evidence satisfactory to the registrar general of the identity of the person, must amend the original birth registration in accordance with the facts contained in the order or notice of adoption.

(3) If a person is adopted under an order, judgment or decree of adoption made by a court of competent jurisdiction in another province, state or country, the registrar general,

(

a) on receipt of a certified copy of the order, judgment or decree, and

(

b) on production of evidence satisfactory to the registrar general of the identity of the person,

must, if there is in the registrar general's office a registration of the birth of that person, register the adoption in the manner referred to in subsection (1) and amend the birth registration in the manner referred to in subsection (2).

SECTION 104: [Vital Statistics Act,

section 12.1] is consequential to amendments made by

this Bill to

section 1 of the Act.

Section 12.1 is amended by striking out " chief executive officer " in both places and substituting " registrar general ".

SECTION 105: [Vital Statistics Act,

section 12.1] is consequential to amendments made by

this Bill to

section 1 of the Act.

Section 12.1 (1.1), as enacted by

section 33 (

a) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, is amended by striking out " chief executive officer " and substituting " registrar general ".

SECTION 106: [Vital Statistics Act,

section 13] is consequential to amendments made by this

Bill to sections 1 and 12 of the Act

Section 13 is amended

(

a) by striking out " chief executive officer " wherever it appears and substituting " registrar general ", and

(

b) in paragraph (

a) by striking out " withdrawn from the registration files " and substituting " as they appeared before being amended ".

SECTION 107: [Vital Statistics Act,

section 14] is consequential to amendments made by this

Bill to sections 1 and 12 of the Act.

Section 14 (1) is amended

(

a) by striking out " subsequently issued by the chief executive officer " and substituting " subsequently issued by the registrar general ",

(

b) by striking out " on any certificate issued by the chief executive officer " and substituting " on any certificate of birth issued by the registrar general ", and

(

c) in paragraph (

a) by striking out " the new birth registration, " and substituting " the birth registration as amended under

section 12, ".

SECTION 108: [Vital Statistics Act, sections 14.1 and 15 to 18] is consequential to amendments

made by this Bill to

section 1 of the Act.

108 Sections 14.1, 15 (2) to (4), 16, 17 (2) and 18 (2) (a), (4) and (5) are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 109: [Vital Statistics Act,

section 18] requires a nurse practitioner to complete a

medical certificate in specified circumstances and to make the certificate

available to a funeral director or, if a medical practitioner or nurse practitioner

did not attend the death or the certificate cannot be completed, to notify a coroner.

Section 18 is amended

(

a) in subsection (1) (

a) and (

b) by adding " or nurse practitioner " after " a medical practitioner " in both places,

(

b) in subsection (2) by striking out " the medical practitioner or the coroner, " and substituting " the medical practitioner, nurse practitioner or coroner, ", and

(c) subsection (3) is repealed and the following substituted:

(3) A funeral director, medical practitioner or nurse practitioner must promptly notify the coroner if either of the following circumstances occurs:

(

a) a death occurred without the attendance of a medical practitioner or nurse practitioner during the last illness of the deceased;

(

b) the medical practitioner or nurse practitioner who attended the deceased is for any reason unable to complete the medical certificate within 48 hours after the death.

SECTION 110: [Vital Statistics Act,

section 20]

is consequential to amendments made by this Bill to

section 1 of the Act;

requires the registrar general to register a death on receiving a court order only if the order presumes a person to be dead for all purposes.

Section 20 is amended

(

a) by striking out " chief executive officer " wherever it appears and substituting " registrar general ", and

(

b) in subsection (3) by adding " for all purposes " after " to be presumed dead ".

SECTION 111: [Vital Statistics Act,

section 22] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 22 is amended

(

a) in subsections (1) and (3) to (6) by striking out " burial permit " wherever it appears and substituting " disposition permit ", and

(

b) in subsection (5) (c) (ii) by striking out " chief executive officer " and substituting " registrar general ".

SECTION 112: [Vital Statistics Act,

section 23] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 23 is amended by striking out " burial permit " and substituting " disposition permit ".

SECTION 113: [Vital Statistics Act,

section 24] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 24 is amended by striking out " chief executive officer " and substituting " registrar general ".

SECTION 114: [Vital Statistics Act,

section 26]

is consequential to amendments made by this Bill to

section 1 of the Act;

makes the wording consistent with other terminology used in the Act.

Section 26 (1) is amended

(

a) by striking out " chief executive officer " wherever it appears and substituting " registrar general ", and

(

b) in paragraph (

a) by striking out " must record the change, " and substituting " must amend the registration of birth or marriage, as applicable, to reflect the change, ".

SECTION 115: [Vital Statistics Act,

section 27] replaces requirements that a person desiring

an amendment to the sex designation on the person's birth registration must be

unmarried and have proof of trans-sexual surgery with the requirement, unless

waived or modified by the minister, that the person must provide documentary

evidence and, in the case of a minor, the consent of all guardians.

Section 27 is repealed and the following substituted:

Amendment to sex designation

(1) This

section applies if a person's birth has been registered in British Columbia and an amendment to the registration is desired respecting the person's sex designation.

(2) A person may apply to the registrar general for an amendment to the sex designation on the person's birth registration by providing all of the following in the form required by the registrar general:

(

a) an application setting out the desired amendment;

(

b) a declaration, made by the applicant, stating that the applicant has assumed, identifies with and intends to maintain the gender identity that corresponds with the desired sex designation;

(

c) a statement from one of the following persons that confirms that the sex designation on the applicant's birth registration does not correspond with the applicant's gender identity:

(

i) a practising registrant of the College of Physicians and Surgeons of British Columbia;

(ii) a practising registrant of the College of Psychologists of British Columbia;

(iii) in the case of an applicant who resides outside British Columbia, a person who is practising and who is authorized, in another province or territory, to practise a health profession equivalent to that practised by a person referred to in subparagraph (

i) or (ii);

(

d) in the case of a minor, the consent of all parents having guardianship and all other guardians of the minor.

(3) The minister may waive or modify a requirement of subsection (2)

(

a) on application in the form required by the minister, made by the person desiring the amendment to the person's birth registration, and

(

b) if satisfied that the waiver or modification would be in the person's best interests.

(4) On being satisfied that an application under subsection (2) is made in good faith and on payment of the prescribed fee, the registrar general must amend the person's birth registration.

(5) A birth certificate issued after the making of an amendment under this

section must be prepared as if the person's original birth registration had been made containing the sex designation as amended.

SECTION 116: [Vital Statistics Act, sections 28 and 29] is consequential to amendments

made by this Bill to

section 1 of the Act.

116 Sections 28 and 29 (3) and (4) are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 117: [Vital Statistics Act,

section 30] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 30 is amended

(

a) in subsection (1) by striking out everything before paragraph (

a) and substituting " A person who wishes to dispute a decision of the registrar general to either accept or refuse an application for registration of a birth, stillbirth, marriage or death may, within one year of the registrar general's decision, make an application to the Supreme Court for an order requiring the registrar general ", and

(

b) in subsections (2) to (9), (11) and (12) by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 118: [Vital Statistics Act,

section 31] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 31 (2) is amended by striking out " chief executive officer " and substituting " registrar general ".

SECTION 119: [Vital Statistics Act,

section 33] removes the authority to prescribe by regulation

the remuneration of vital statistics registrars.

Section 33 (2) is repealed.

SECTION 120: [Vital Statistics Act, sections 34 to 39] is consequential to amendments made

by this Bill to

section 1 of the Act.

120 Sections 34, 35, 36 (1) and (4), 37, 38 (1), (3) and (4) and 39 (2), (4) and (5) are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 121: [Vital Statistics Act,

section 38] authorizes the registrar general officer to

issue a copy or electronic extract of a registration of a death or stillbirth to a

nurse practitioner who requires the copy or extract to treat a life-threatening

illness suffered by a member of the deceased's immediate family.

Section 38 (3) (

b) is amended by adding " or nurse practitioner " after " medical practitioner " in both places.

SECTION 122: [Vital Statistics Act,

section 40]

is consequential to amendments made by this Bill to

section 1 of the Act;

removes references to outdated technology.

Section 40 is amended

(

a) in subsections (1) and (3) by striking out " chief executive officer " wherever it appears and substituting " registrar general ", and

(

b) in subsection (3) by striking out " may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form. " and substituting " may be written or reproduced by any method. "

SECTION 123: [Vital Statistics Act,

section 40.1] is consequential to amendments made by

this Bill to sections 1, 3, 10, 12, 26 and 27 of the Act.

Section 40.1 is amended

(

a) by striking out " chief executive officer " wherever it appears and substituting " registrar general ",

(

b) in subsection (1) (

a) by striking out " altered under

section 3; " and substituting " amended under

section 3; ",

(

c) in subsection (1) (

e) by striking out " the original birth registration deleted " and substituting " the original birth registration amended ", and

(

d) by repealing subsections (1) (b), (d), (

h) and (

i) and substituting the following:

(

b) an amendment to a birth registration in respect of a name is made under

section 4.1 (4) (a);

(

d) an amendment to a birth registration in respect of a given name is made under

section 10 (3);

(

h) an amendment to a birth or marriage registration in respect of a change of name is made under

section 26 (1) (a);

(

i) an amendment to a birth registration in respect of a sex designation is made under

section 27 (4); .

SECTION 124: [Vital Statistics Act,

section 41.1]

is consequential to amendments made by this Bill to

section 1 of the Act;

replaces the requirement for the Lieutenant Governor in Council to approve an information-sharing agreement made under the Act with a requirement for approval from the minister of the Act.

Section 41.1 is amended

(

a) in subsections (1), (2), (3) (c) (

i) and (6) by striking out " chief executive officer " wherever it appears and substituting " registrar general ", and

(

b) in subsections (4) (

a) and (

b) and (6) by striking out " Lieutenant Governor in Council " and substituting " minister ".

SECTION 125: [Vital Statistics Act,

section 42] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 42 is amended by striking out " chief executive officer, " and substituting " registrar general, ".

SECTION 126: [Vital Statistics Act,

section 42.1] authorizes the registrar general to obtain

additional evidence as necessary if not satisfied as to the truth and sufficiency

of a record, statement or evidence required to be given under the Act.

126 The following

section is added:

Power to obtain additional evidence

42.1 If the registrar general is not satisfied as to the truth and sufficiency of a record or statement, or of evidence, required to be given under this Act, the registrar general may, in order to obtain additional evidence as may be necessary,

(

a) require the attendance of the person who provided the record, signed the statement or gave the evidence, or of any other person, and

(

b) examine that person respecting any matter relating to that record, statement or evidence.

SECTION 127: [Vital Statistics Act, sections 43 to 45] is consequential to amendments made

by this Bill to

section 1 of the Act.

127 Sections 43, 44 and 45 (2) are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

SECTION 128: [Vital Statistics Act,

section 47] repeals a provision that prevented the Act

from applying to dissolutions and annulments of marriages, and to deaths, that

occurred on or after July 1, 1962.

Section 47 is repealed.

SECTION 129: [Vital Statistics Act,

section 48] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 48 is amended by striking out " chief executive officer " and substituting " registrar general ".

SECTION 130: [Vital Statistics Act,

section 51] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 51 is amended by striking out " burial permit " wherever it appears and substituting " disposition permit ".

SECTION 131: [Vital Statistics Act,

section 54] is consequential to amendments made by this

Bill to

section 1 of the Act.

Section 54 (2) (b), (b.1), (

g) and (

h) is amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

Wills Act

SECTION 132: [Wills Act, sections 32 to 36] is consequential to amendments made by this

Bill to

section 1 of the Vital Statistics Act .

132 Sections 32 to 36 of the Wills Act, R.S.B.C. 1996, c. 489, are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

Consequential and Related Amendments

Adoption Act

SECTION 133: [Adoption Act,

section 1] is consequential to amendments made by this Bill to

section 1 of the Vital Statistics Act .

Section 1 of the Adoption Act, R.S.B.C. 1996, c. 5, is amended by repealing the definition of "chief executive officer" and substituting the following:

"registrar general" has the same meaning as in the Vital Statistics Act ; .

SECTION 134: [Adoption Act, sections 45 and 63 to 67] is consequential to amendments

made by this Bill to

section 1 of the Vital Statistics Act .

134 Sections 45 (1) (

a) and (2), 63 (1) and (2), 64, 65 (1), (2), (4), (5) and (7), 66 (1) to (4), (7) and (8) and 67 are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

Coroners Act

SECTION 135: [Coroners Act,

section 2] removes the requirement to report to a coroner the

death of a person who was under the care of a nurse practitioner.

Section 2 (1) (

c) and (

d) of the Coroners Act, S.B.C. 2007, c. 15, is amended by adding " or nurse practitioner " after " a medical practitioner " in both places.

Employment and Assistance for Persons with Disabilities Act

SECTION 136: [Employment and Assistance for Persons with Disabilities Act,

section 2]

authorizes a nurse practitioner to give an opinion that a person has a severe

mental or physical impairment that is likely to continue for at least 2 years,

such that the person may be designated as a person with disabilities.

Section 2 (2) (

a) of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41, is amended by adding " or nurse practitioner " after " a medical practitioner ".

Family Law Act

SECTION 137: [Family Law Act,

section 62] authorizes a nurse practitioner to provide a written

statement indicating that it is not appropriate that parenting time or contact

with an ill child be exercised.

Section 62 (1) (

c) of the Family Law Act, S.B.C. 2011, c. 25, is amended by adding " or nurse practitioner " after " a medical practitioner ".

School Act

SECTION 138: [School Act,

section 92] authorizes a nurse practitioner to certify the physical,

mental and emotional health of a school employee or contractor.

Section 92 (2) (

a) of the School Act, R.S.B.C. 1996, c. 412, is repealed and the following substituted:

(

a) by a medical practitioner or nurse practitioner, and to submit to the school medical officer a certificate signed by the examiner setting out the examiner's conclusions regarding the physical, mental and emotional health of the employee or contractor, or .

Survivorship and Presumption of Death Act

SECTION 139: [Survivorship and Presumption of Death Act,

section 3] is consequential to

amendments made by this Bill to

section 1 of the Vital Statistics Act .

Section 3 (5) of the Survivorship and Presumption of Death Act, R.S.B.C. 1996, c. 444, is amended by striking out " chief executive officer " and substituting " registrar general ".

Wildlife Act

SECTION 140: [Wildlife Act,

section 88] authorizes a nurse practitioner to certify that a person's

blood contains less than 50 mg of alcohol to 100 ml of blood, in which

case a conservation officer or constable must return to the person a surrendered

firearm and licence.

Section 88 (4) (

c) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended by adding " or nurse practitioner " after " a medical practitioner ".

Wills Act

SECTION 141: [Wills Act,

section 1] is consequential to amendments made by this Bill to

section

1 of the Vital Statistics Act .

Section 1 of the Wills Act, R.S.B.C. 1996, c. 489, is amended by repealing the definition of "chief executive officer" and substituting the following:

"registrar general" has the same meaning as in the Vital Statistics Act ; .

Wills, Estates and Succession Act

SECTION 142: [Wills, Estates and Succession Act,

section 1] is consequential to amendments

made by this Bill to

section 1 of the Vital Statistics Act .

Section 1 (1) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, is amended by repealing the definition of "chief executive officer" and substituting the following:

"registrar general" has the same meaning as in the Vital Statistics Act ; .

SECTION 143: [Wills, Estates and Succession Act, sections 73 to 77] is consequential to

amendments made by this Bill to

section 1 of the Vital Statistics Act .

143 Sections 73 to 77 are amended by striking out " chief executive officer " wherever it appears and substituting " registrar general ".

Workers Compensation Act

SECTION 144: [Workers Compensation Act,

section 1] adds nurse practitioners to the list of

persons who are qualified practitioners for the purposes of the Act.

Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended in the definition of "qualified practitioner" by adding " , a nurse practitioner " after " a naturopathic physician ".

Youth Justice Act

SECTION 145: [Youth Justice Act,

section 29] authorizes a nurse practitioner to certify a

young person's health so that the person in charge of a youth custody centre

may accept the young person into custody.

Section 29 (1) of the Youth Justice Act, S.B.C. 2003, c. 85, is amended by adding " or nurse practitioner " after " a medical practitioner ".

Validation Provisions

Vital Statistics Act – validation of fees

SECTION 146: [Vital Statistics Act – validation of fees] provides that fees charged in relation

to applications for amendments to registrations of birth before the coming into

force of this

section were validly set, charged and collected.

(1) The fees set and charged before the date this

section comes into force in relation to an application under

section 3 (6) of the Vital Statistics Act for an amendment to a registration of birth that would have been validly set and charged had

section 3 (6) of that Act as amended by this Act been in force are conclusively deemed to have been validly set and charged, and all fees collected by the Vital Statistics Agency are conclusively deemed to have been validly collected.

(2) 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.

Vital Statistics Act – validation of things done in relation

to dissolutions or annulments of marriages

SECTION 147: [Vital Statistics Act – validation of things done in relation to dissolutions or

annulments of marriages] provides that things done between July 1, 1962 and

January 2, 1986 in relation to dissolutions or annulments of marriages were

validly done, if the things were purported to be done under the Vital Statistics

Act or in reliance on a registration or certificate issued under that Act.

(1) In this section, "validation period" means the period beginning July 1, 1962 and ending January 2, 1986.

(2) All things done during the validation period in relation to the dissolution or annulment of marriage

(

a) that purported to be done under the Vital Statistics Act , or

(

b) in reliance on a registration or certificate that purported to be issued under the Vital Statistics Act

that would have been validly done had

section 47 of the Vital Statistics Act applied to dissolutions or annulments of marriage during the validation period are conclusively deemed to have been validly done.

(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.

Vital Statistics Act – validation of things done in relation to deaths

SECTION 148: [Vital Statistics Act – validation of things done in relation to deaths] provides

that things done on or after July 1, 1962 in relation to deaths were validly

done, if the things were purported to be done under the Vital Statistics Act or in

reliance on a registration or certificate issued under that Act before the repeal

section 47 of that Act.

(1) All things done on or after July 1, 1962 in relation to a death

(

a) that purported to be done under the Vital Statistics Act before the repeal of

section 47 of that Act, or

(

b) in reliance on a registration or certificate that purported to be issued under the Vital Statistics Act before the repeal of

section 47 of that Act

that would have been validly done had the Vital Statistics Act applied to deaths on or after July 1, 1962 and before the repeal of

section 47 of that Act are conclusively deemed to have been validly done.

(2) 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 8 – Jobs, Tourism and Skills Training Amendments

Workers Compensation Act

SECTION 149: [Workers Compensation Act,

section 1] adds the disease referred to in

section

6.1 (7) of the Act, as added by this Bill, to th