British Columbia Bill 90 (Government) — 4th Parliament, 37th Session — Previous Version 1

4-37 Gov Bill 90-1

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Victoria, British Columbia, Canada

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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 90 – 2003

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 3), 2003

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

Assessment Act

Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is

amended by repealing the definition of "assessment" and substituting

the following:

"assessment" means a valuation and classification

of property; .

2 The following

section is added:

Property assessment

18.1 All land and improvements in British Columbia are liable to assessment under this Act unless exempted from assessment by this or another enactment.

Section 19 (5) is amended by striking out "liable to

assessment" and substituting "to be assessed" .

Section 26 (1) is amended by striking out "liable

to assessment" and substituting "to be assessed" .

Section 27 (1) is amended by striking out "liable to

assessment under" and substituting "to be assessed in accordance

with" .

Section 28 (1) is amended by striking out "liable to

assessment under" and substituting "to be assessed in accordance

with" .

Section 74 (2) (

c) is amended by striking out "liability

to assessment" and substituting "assessment" .

Assessment Authority Act

Section 1 of the Assessment Authority Act, R.S.B.C. 1996, c.

21, is amended by repealing the definition of "assessment" and substituting

the following:

"assessment" has the same meaning as in the Assessment

Act ; .

BC Benefits Statutes Amendment Act, 1997

9 Sections 12 and 14 of the BC Benefits Statutes Amendment Act,

1997, S.B.C. 1997, c. 15, are repealed.

Credit Union Incorporation Act

Section 4 (7) of the Credit Union Incorporation Act, R.S.B.C.

1996, c. 82, is amended by striking out "a central credit union,"

and substituting "a central credit union or an entity described in

section

67 (2) (

b) of the Financial Institutions Act that is designated by regulation

under that Act," .

Section 85 (3) is amended by striking out "Sections

44," and substituting "Sections 16, 44," .

12 The following

section is added:

Significant changes

86.1

(1) A central credit union may dispose of

all or substantially all of its assets to a Canadian financial institution within

the meaning of the Cooperative Credit Associations Act (Canada), but

only if the financial institution is designated by regulation.

(2) The disposition may only be made in accordance with the regulations.

(3) The disposition must be approved by resolution at a general meeting of the central credit union of which the notice required under

section 78 has been given.

(4) The resolution must be passed by

(

a) a majority of not less than 2/3 of the members who, being entitled to do so, vote in person at the meeting or, if permitted by

section 70 (3), through a representative who is present in person, and

(

b) if the central credit union has adopted a rule under

section 92 (1) (

b) that provides for voting on a proportional basis, a majority of not less than 2/3 of the votes cast according to that rule.

Section 108 is amended

(

a) in subsection (2) by adding the following paragraph:

(g.1) for the purposes of

section 86.1

(

i) designating Canadian financial institutions to which a disposition may be made, and

(ii) establishing rules to be followed by a central credit

union in making a disposition; , and

(

b) by adding the following subsection:

(4) A regulation made under subsection (2) (g.1) may confer on a person the power to approve or refuse a disposition under

section 86.1 or to establish conditions for receiving approval.

Election Act

Section 13 (1) of the Election Act, R.S.B.C. 1996, c. 106,

is amended

(

a) in paragraph (

b) by striking out "election, general enumeration

or plebiscite," and substituting "election or plebiscite," ,

and

(

b) by repealing paragraph (c).

Section 16 (2) (

d) is repealed.

Section 42 is repealed and the following substituted:

Enumerations

(1) The chief electoral officer may require or authorize one or more district registrars of voters to conduct enumerations of all or part of their electoral districts.

(2) An enumeration may be by residence-to-residence visitation or by another method directed or authorized by the chief electoral officer.

Section 46 (2) (

d) is amended by striking out "a general

enumeration," and substituting "an enumeration," .

Enforcement of Canadian Judgments and Decrees Act

Section 11 of the Enforcement of Canadian Judgments and Decrees

Act, S.B.C. 2003, c. 29, is amended by striking out "c. 78,"

and substituting "c. 115," .

Family Maintenance Enforcement Act

Section 1 (1) of the Family Maintenance Enforcement Act, R.S.B.C.

1996, c. 127, is amended in the definition of "maintenance" by striking

out "and" at the end of paragraph (h), by adding ", and"

at the end of paragraph (

i) and by adding the following paragraph:

(

j) any annual default fee that is imposed under

section

14.4; .

Section 21 (10) is repealed and the following substituted:

(10) If an order for payment under subsection (1), (3) (

b) or (11) is in effect, a payment made by the debtor must be credited in the following descending order of priority:

(

a) to the amount due and owing under the maintenance order after the date of the order under subsection (1), (3) (

b) or (11);

(

b) to any arrears required to be paid under an order under subsection (1), (3) (

b) or (11) that are due and owing to the creditor and not described by paragraph (

c) or (

e) of this subsection;

(

c) to any arrears required to be paid under an order

under subsection (1), (3) (

b) or (11) that are due and owing to the minister,

if the maintenance order is assigned to a minister under the Employment and

Assistance Act or the Employment and Assistance for Persons with Disabilities

Act ;

(

d) to any other amount, not referred to in another paragraph, due and owing;

(

e) to any arrears required to be paid under an order under subsection (1), (3) (

b) or (11) that are due and owing to a government other than British Columbia or to an agency of that government under an assignment or subrogation;

(

f) to any annual default fee.

(10.1) In subsection (10), "arrears" includes interest on arrears.

Section 29.2 (2) is amended by striking out "subsection

(1) (a)" and substituting "subsection (1)" .

Section 32 is repealed and the following substituted:

Crediting of payments and reduction of arrears

(1) Unless the court otherwise orders, all payments, except when an order for payment under

section 21 (1), (3) (

b) or (11) is in effect, must be credited in the following descending order of priority:

(

a) to the periodic payment most recently due under the maintenance order;

(

b) to arrears due and owing other than arrears described by paragraph (

c) or (e);

(

c) to any arrears that are due and owing to the minister,

if the maintenance order is assigned to a minister under the Employment and

Assistance Act or the Employment and Assistance for Persons with Disabilities

Act ;

(

d) to any other amount, not referred to in another paragraph, due and owing in respect of the maintenance order;

(

e) to any arrears that are due and owing to a government other than British Columbia or to an agency of that government under an assignment or subrogation;

(

f) to any annual default fee.

(2) In subsection (1), "arrears" includes interest on arrears.

(3) Unless the court otherwise orders, if the court reduces arrears of maintenance, the reduction must be applied in the reverse order to that set out in subsection (1).

Financial Institutions Act

Section 67 (2) of the Financial Institutions Act, R.S.B.C.

1996, c. 141, is amended by repealing paragraph (

b) and substituting the following:

(

b) keeps a prescribed percentage of its assets in the form of deposits with any of the following entities, but only if the entity is designated by regulation:

(

i) a central credit union;

(ii) a Canadian financial institution within the meaning

of the Cooperative Credit Associations Act (Canada).

Section 144 (1) is amended by repealing paragraphs (

p) and

(

q) and substituting the following:

(

p) when used in relation to a credit union, a central credit union or an entity described in

section 67 (2) (

b) that is designated by regulation, or

(

q) when used in relation to a central credit union,

(

i) a member of the central credit union,

(ii) a cooperative credit society incorporated under the Cooperative Credit Associations Act (Canada), or

(iii) an entity described in

section 67 (2) (

b) that is designated by regulation, and a member or shareholder of that entity.

Section 289 (3) (

e) is amended by striking out "and"

at the end of subparagraph (i), by adding "and" at the end of

subparagraph (ii) and by adding the following subparagraph:

(iii) designating entities referred to in

section 67

(2) (b), .

Forest (Revitalization) Amendment Act (No. 2), 2003

Section 80 of the Forest (Revitalization) Amendment Act (No.

2), 2003, S.B.C. 2003, c. 31, is amended by striking out " Forest

and Practices Code of British Columbia Act " and substituting " Forest

Practices Code of British Columbia Act " .

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of

Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Public Body:

Medical and Health Care Services Appeal Board

(Medicare Protection Act)

Head:

Chair .

Health Care (Consent) and Care Facility (Admission) Act

Section 1 of the Health Care (Consent) and Care Facility (Admission)

Act, R.S.B.C. 1996, c. 181, is amended by repealing the definition of "board" .

Section 14 is amended

(

a) in subsection (1) (

d) by striking out "subsections (4) and

(7)." and substituting "subsection (4)." ,

(

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

(4) If a person chosen under

section 16 gives or refuses substitute consent, the health care provider must inform the adult and any spouse, relative or friend of the adult who accompanies the adult of

(

a) the decision or assessment that the adult is incapable,

(

b) the name of the person chosen under

section 16, and

(

c) the decision to give or refuse substitute consent.

, and

(

c) by repealing subsections (7) and (8).

Part 4 is repealed.

31 Sections 33.2 and 33.3 are repealed.

Section 34 (2) (e), (k), (k.1) and (

l) is repealed and the

following substituted:

(

e) prescribing advocacy organizations for the purposes of sections 14 (5) and 23 (3);

(

k) prescribing forms for the purposes of this Act; .

Section 14 of the Supplement to the Health Care (Consent) and

Care Facility (Admission) Act is amended

(

a) in subsection (3) by striking out "subsections (4) and (7),"

and substituting "subsection (4)," , and

(

b) by repealing subsection (6).

Section 23 (4) of the Supplement is repealed.

Part 4 of the Supplement is repealed.

Health Care (Consent) and Care Facility (Admission) Amendment Act, 2002

36 Sections 6 and 7 of the Health Care (Consent) and Care Facility

(Admission) Amendment Act, 2002, S.B.C. 2002, c. 46, are repealed.

Land Title Act

Section 168.11 of the Land Title Act, R.S.B.C. 1996, c. 250,

as enacted by

section 2 of the Land Title Amendment Act, 1999, S.B.C. 1999,

c. 35, is amended by striking out "prescribed land title districts"

and substituting "land title districts designated by the director"

and by striking out "prescribed under" and substituting "designated

by the director for the purposes of" .

Section 168.21, as enacted by

section 2 of the Land Title Amendment

Act, 1999, is amended by striking out "prescribed form," and

substituting "form designated by the director," , by striking out

"prescribed information" and substituting "information

required by the director" and by striking out "prescribed

manner." and substituting "manner established by the director."

Section 168.3 (2), as enacted by

section 2 of the Land Title

Amendment Act, 1999, is amended by striking out "regulations."

and substituting "requirements established by the director."

Section 168.4 (1), as enacted by

section 2 of the Land Title

Amendment Act, 1999, is amended by striking out "prescribed manner using

the prescribed technology." and substituting "manner established

by the director using the technology established by the director."

Section 168.41, as enacted by

section 2 of the Land

Title Amendment Act, 1999, is repealed and the following substituted:

Supporting documents

168.41

(1) In this section, "supporting document" means a document required by this Act or any other enactment to be filed, lodged or deposited in the land title office in conjunction with an application for registration.

(2) If a supporting document is a requirement of an electronic application, the submitter must include with the electronic application an electronic declaration in the form established by the director.

(3) An electronic declaration must contain

(

a) a description of each supporting document adequate to identify the document,

(

b) a statement that the subscriber has possession of each supporting document referred to in paragraph (a), and

(

c) a

summary, satisfactory to the registrar, of the material facts set out in each supporting document.

(4) The electronic signature of a subscriber must be incorporated into the electronic declaration in accordance with the policies established by the director.

(5) The electronic signature referred to in subsection (4) is a certification by the subscriber that the

summary of material facts set out in the declaration accurately reflects the material facts set out in each supporting document.

(6) The certification under subsection (5) satisfies any requirement under this Act or any other enactment to file, lodge or deposit the supporting document in the land title office.

Section 168.8 (b) (ii), as enacted by

section 2 of the Land

Title Amendment Act, 1999, is amended by striking out "regulations,"

and substituting "requirements established by the director," .

Section 168.81 (1) (d), as enacted by

section 2 of the Land

Title Amendment Act, 1999, is amended by striking out "regulations;"

and substituting "requirements established by the director;" .

Section 168.91 (2) (h), as enacted by

section 2 of the Land

Title Amendment Act, 1999, is repealed and the following substituted:

(

h) prescribing the form or forms of electronic declaration

for the purposes of

section 168.41; .

Land Title Amendment Act, 1999

45 Sections 6 to 8 of the Land Title Amendment Act, 1999, S.B.C.

1999, c. 35, are repealed and the following substituted:

Section 1 (1) of the Property Transfer Tax Act, R.S.B.C. 1996,

c. 378, is amended by adding the following

definitions:

"electronic" has the same meaning as in

Part 10.1

of the Land Title Act ;

"electronic return" means a return in electronic format, the form of which is established by the administrator;

"electronic signature" has the same meaning as

Part 10.1 of the Land Title Act ;

"subscriber" has the same meaning as in

Part 10.1

of the Land Title Act ; .

Section 2 is amended

(

a) by adding the following subsection:

(1.1) In the case of an application for registration

submitted under

Part 10.1 of the Land Title Act ,

(

a) the tax required to be paid under subsection (1) (

a) must be paid by electronic means at the time and in the manner established by the administrator, and

(

b) the return required to be filed under subsection

(1) (

b) must be an electronic return that is filed by electronic means in the

manner established by the administrator. , and

(

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

(8) A registrar may, without a hearing, refuse to accept an application for registration of a taxable transaction if the registrar has reasonable grounds to believe that

(

a) the tax relating to the transaction has not been paid or the return required by subsection (1) is incomplete or has not been filed, and

(

b) in the case of an application for registration referred to in subsection (1.1), any of the requirements of that subsection has not been fulfilled.

8 The following sections are added:

Electronic returns

13.1

(1) An electronic return must be signed in accordance with this

section before it is filed under

section 2 (1.1) (b).

(2) An electronic return is signed for the purposes of this

section when the electronic signature of a subscriber has been incorporated into the electronic return in accordance with the policies established by the administrator.

(3) A subscriber must not incorporate his or her electronic signature into an electronic return unless

(

a) a true copy of the electronic return has been certified in accordance with

section 13, and

(

b) the true copy referred to in paragraph (a), or a copy of that true copy, is in the possession of the subscriber.

(4) The incorporation of the electronic signature of a subscriber into an electronic return in accordance with this

section is a certification by the subscriber of the facts referred to in subsection (3) (

a) and (b).

(5) A transferee on whose behalf an electronic return has been filed under this Act, or any other person specified in the policies established by the administrator, must

(

a) retain the true copy of the electronic return referred to in subsection (3) (a), or a copy of that true copy, for the period established by the administrator, and

(

b) produce it to the administrator for inspection if requested by the administrator.

Evidence of electronic returns

13.2

(1) A copy of an electronic return that is

(

a) obtained from the records of the administrator, and

(

b) certified by the administrator to be a true copy of the electronic return

is conclusive evidence of the electronic return.

(2) A certification of the administrator under subsection (1) is conclusive evidence that

(

a) the technology and procedure used by the administrator to receive, store, retrieve and copy the electronic return is capable of recording and reproducing all significant details of the electronic return without any additions, deletions or changes, and

(

b) the electronic return was received, stored, retrieved and copied by the administrator in the usual and ordinary course of business.

Medicare Protection Act

Section 1 of the Medicare Protection Act, R.S.B.C. 1996, c.

286, is amended

(

a) by repealing the definition of "board" , and

(

b) by striking out "in

Part 8 or" in the definition of

"chair" .

Part 8 is repealed.

Section 48 (1) is amended by striking out "a member

of the board," .

Section 49 is amended by striking out "the board,"

and substituting "former member of the Medical and Health Care Services

Appeal Board," .

Section 50 (2) is amended by striking out "or the board"

in both places.

Miscellaneous Registrations Act, 1992

Section 1 of the Miscellaneous Registrations Act, 1992, R.S.B.C.

1996, c. 312, is amended in the definition of "financing statement"

by repealing paragraph (a).

Section 9 (2) is amended by adding the following paragraph:

(

d) applying regulations made under the Personal Property Security Act to this Act.

Mortgage Brokers Act

Section 23 (2) (

b) of the Mortgage Brokers Act, R.S.B.C. 1996,

c. 213, is repealed and the following substituted:

(

b) prescribing fees for registration or renewal of registration as a mortgage broker that may differ

(

i) for different categories of registration, and

(ii) according to the number of addresses at or from which the business of the mortgage broker is carried on;

(b.1) prescribing fees for registration or renewal of registration as a submortgage broker that may differ for different categories of registration;

(b.2) prescribing fees for amendment, on application by a mortgage broker or submortgage broker, of the register kept under

section 3;

(b.3) prescribing fees for reinstatement under

section 3 (8) of the registration of a submortgage broker;

(b.4) prescribing fees respecting the late filing of

renewals of registration and of financial information required under this Act;

Motor Vehicle Act

Section 178 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318,

is repealed.

Section 202 is repealed.

Personal Property Security Act

Section 1 (1) of the Personal Property Security Act, R.S.B.C.

1996, c. 359, is amended in the definition of "financing statement"

by repealing paragraph (a).

Public Sector Employers Act

57 The

Schedule to the Public Sector Employers Act, R.S.B.C. 1996,

c. 384, is amended by repealing "Health Care and Care Facility Review

Board" and "Medical and Health Care Services Appeal Board" .

Real Estate Act

Section 55 of the Real Estate Act, R.S.B.C. 1996, c. 397, is

amended

(

a) by repealing subsection (2) (

l) and substituting the following:

(

l) prescribing fees

(

i) for licences and renewals of licences and for applications for licences and renewals of licences,

(ii) for the amendment, transfer or reinstatement of a licence during its term, and

(iii) for file retrieval, copying filed records or providing other services,

and, for each of the fees, specifying the amount of the

fee or a method of calculating the fee; , and

(

b) by repealing subsection (3) (

b) and substituting the following:

(

b) prescribing fees

(

i) for filing a prospectus,

(ii) for filing a disclosure statement under

section 66,

(iii) for filing an application for an exemption from the requirement to file a disclosure statement or a prospectus, and

(iv) for filing an amendment to a prospectus or a disclosure statement

and, for each of the fees, specifying the amount of the fee or a method of calculating the fee, and

(b.1) respecting the collection and payment of a fee

prescribed under paragraph (

b) and penalties for nonpayment of the fees; .

Representation Agreement Act

Section 26 (1.1) of the Representation Agreement Act, R.S.B.C.

1996, c. 405, is amended by striking out "or 4" .

Safety Standards Act

Section 94 of the Safety Standards Act, S.B.C. 2003, c. 39,

is amended by striking out "paragraph (

d) of" .

61 The following

Part is added:

Part 15 – Transitional Appropriation

Appropriation for allocation of long term

fees to British Columbia Safety Authority

91.1

(1) In this section, "long term fees"

means that portion of any fees that are collected by the government in respect

of licences, permits or other permissions under any of the Electrical Safety

Act , the Elevating Devices Safety Act , the Gas Safety Act

or the Power Engineers and Boiler and Pressure Vessel Safety Act during

the fiscal year of the government beginning April 1, 2003 and that relate to

a licence period, permit period or other period that extends beyond that fiscal

year.

(2) Despite the Financial Administration Act , revenue collected by the government as long term fees must be considered to have been collected by the government as agent for the authority under the Safety Authority Act and must be paid into the consolidated revenue fund.

(3) Despite the Financial Administration Act , money paid into the consolidated revenue fund under subsection (2) must be paid by the government out of the consolidated revenue fund to the authority under the Safety Authority Act without an appropriation other than this section.

(4) This

Part is repealed on a date to be set by regulation of the Lieutenant Governor in Council.

Strata Property Act

Part 10 of the Strata Property Act, S.B.C. 1998, c. 43, is

amended by adding the following Division:

Division 2.1 – Validity of Suits and Arbitrations

Validity of suits and arbitrations undertaken by strata corporation

173.1

(1) The failure of a strata corporation to obtain an authorization required under

section 171 (2) or 172 (1) (

b) in relation to a suit or an arbitration

(

a) does not affect the strata corporation's capacity to commence a suit or arbitration that is otherwise undertaken in accordance with this Act,

(

b) does not invalidate a suit or arbitration that is otherwise undertaken in accordance with this Act, and

(

c) does not, in respect of a suit or arbitration commenced or continued by the strata corporation that is otherwise undertaken in accordance with this Act, constitute

(

i) a defence to that suit or arbitration, or

(ii) an objection to the capacity of the strata corporation to commence or continue that suit or arbitration.

(2) Despite any decision of a court to the contrary made before or after the coming into force of this section, subsection (1) applies to a suit and an arbitration commenced or continued before or after the coming into force of this section.

(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 merely because it makes no specific reference to that matter.

Section 256 (1) is amended by striking out "section

115:" and substituting "section 115 or, in the case of an electronic

application for registration, unless it is accompanied by an electronic declaration

under

section 168.41 of the Land Title Act :" .

Transitional – Coastal Ferry Act

(1) Despite

section 356 of the Local Government

Act and any other enactment, British Columbia Ferry Services Inc. is, for

the calendar year 2003, exempt from all taxation under the Assessment Authority

Act , the Greater Vancouver Transportation Authority Act , the Hospital

District Act , the Local Government Act , the Municipal Finance

Authority Act and the School Act .

(2) Without limiting subsection (1),

section 26 of the Assessment Act does not apply for the calendar year 2003 to

(

a) any land, the fee of which is in the Crown, that is held or occupied by British Columbia Ferry Services Inc., and

(

b) any improvements that are

(

i) owned by, leased to, held or occupied by British Columbia Ferry Services Inc., and

(ii) located on land referred to in paragraph (a).

Commencement

65 Sections 9 to 13, 19 to 25, 37 to 45 and 63 come into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Assessment Act

(Ministry of Sustainable Resource Management)

SECTION 1: [Assessment Act, amends

section 1] provides a broader

definition of this term.

SECTION 2: [Assessment Act, adds