4th Session, 42nd Parliament

(2023) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE NIKI SHARMA

ATTORNEY GENERAL

BILL 45 – 2023

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 4), 2023

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

Part 1 – Municipal Affairs Amendments

Community Charter

CLAUSE 1: [Community Charter,

section 274.1] establishes a rule, for the purposes of enforcing bylaws under

section 274 of the Act, that shelter is reasonably available and meets basic needs for shelter if certain criteria are met.

1 The Community Charter, S.B.C. 2003, c. 26, is amended by adding the following

section to Division 4 of

Part 8:

Availability of shelter

274.1 For the purposes of enforcing, under

section 274, a bylaw against a person who is sheltering at an encampment while homeless, alternative shelter is reasonably available to the person and meets the basic needs of the person for shelter if

(

a) the person may stay overnight at the shelter,

(

b) the person has access to a bathroom and shower at or near the shelter,

(

c) the person is offered without charge one meal a day at or near the shelter, and

(

d) the shelter is staffed when persons are sheltering at the shelter.

Vancouver Charter

CLAUSE 2: [Vancouver Charter,

section 334.1] establishes a rule, for the purposes of enforcing bylaws under

section 334 of the Act, that shelter is reasonably available and meets basic needs for shelter if certain criteria are met.

2 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following section:

Availability of shelter

334.1 For the purposes of enforcing, under

section 334, a by-law against a person who is sheltering at an encampment while homeless, alternative shelter is reasonably available to the person and meets the basic needs of the person for shelter if

(

a) the person may stay overnight at the shelter,

(

b) the person has access to a bathroom and shower at or near the shelter,

(

c) the person is offered without charge one meal a day at or near the shelter, and

(

d) the shelter is staffed when persons are sheltering at the shelter.

Part 2 – Post-Secondary Education and Future Skills Amendments

Professional Governance Act

CLAUSE 3: [Professional Governance Act,

section 1]

adds

definitions of "designated profession" and "professional organization";

amends the

definitions of "professional regulator" and "regulatory body".

Section 1 (1) of the Professional Governance Act, S.B.C. 2018, c. 47, is amended

(

a) by adding the following

definitions:

"designated profession" means a profession that is designated by regulation under

section 89 (1) [designation of profession] ;

"professional organization" means a corporation that

(

a) acts as an advocate for persons who practise a profession, and

(

b) is not a professional regulator; ,

(

b) by repealing the definition of "professional regulator" and substituting the following:

"professional regulator" means a corporation that is responsible for the governance of a profession under

an Act of British Columbia, another province or Canada; , and

(

c) by repealing the definition of "regulatory body" and substituting the following:

"regulatory body" means a regulatory body set out in

section 1 [regulatory bodies governed by Act] of

Schedule 1 to this Act; .

CLAUSE 4: [Professional Governance Act,

section 21.1] relocates provisions previously contained in

section 90 of the Act.

4 The following

section is added:

Corporate powers of regulatory body

21.1

(1) A regulatory body is a corporation consisting of

(

a) the board established under

section 23 [board of regulatory body] , and

(

b) the persons who are registrants of the regulatory body.

(2) For the purposes of exercising its powers and performing its duties under this Act, a regulatory body has the powers and capacity of a natural person of full capacity, including the power to acquire and dispose of property.

(3) The Business Corporations Act does not apply to a regulatory body unless the Lieutenant Governor in Council, by regulation, provides that specified provisions of that Act apply to the regulatory body, in which case the specified provisions apply.

CLAUSE 5: [Professional Governance Act,

section 76] amends the definition of "different governing body".

Section 76 (1) is amended by repealing the definition of "different governing body" and substituting the following:

"different governing body" means

(

a) a professional regulator or regulatory body other than the applicable regulatory body, or

(

b) a body, in a jurisdiction outside Canada, that regulates a profession in that jurisdiction.

CLAUSE 6: [Professional Governance Act, heading to Division 1 of

Part 7] is consequential to amendments made by this Bill to the Act.

6 The heading to Division 1 of

Part 7 is repealed and the following substituted:

Division 1 – Specified Regulatory Bodies Continued as Regulatory Bodies Under This Act .

CLAUSE 7: [Professional Governance Act,

section 87] amends provisions respecting assessments conducted by the superintendent and the process by which recommendations are made to the minister and the Lieutenant Governor in Council.

Section 87 is repealed and the following substituted:

Assessment and recommendation respecting designation of profession

(1) If the superintendent conducts an assessment under

section 85 (3) (b) [application for designation] or 86 (1) in respect of a profession, the superintendent must provide a report to the minister that includes the following:

(

a) a recommendation respecting whether the profession should be designated by regulation under

section 89 (1) [designation of profession] ;

(

b) if the superintendent recommends that the profession be designated, a recommendation respecting which one of the following sections should apply:

(

i) section 90.1 [new regulatory body established under this Act] ;

(ii)

section 90.2 [continuation of professional regulator as regulatory body under this Act] ;

(iii)

section 90.4 [existing regulatory body to be responsible for designated profession] .

(2) Before providing a report to the minister under subsection (1), the superintendent must do the following:

(

a) consider at least the following matters:

(

i) the degree of risk to the environment and to the health or safety of the public from incompetent, unethical or impaired practice of the profession;

(ii) the degree of supervision necessary or desirable in respect of a person practising the profession;

(iii) the degree of supervision that a person practising the profession receives or is likely to receive with respect to that practice;

(iv) the educational programs that exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the profession and the contents of those programs;

(

v) any information obtained during the assessment;

(vi) any prescribed criteria respecting matters of public interest that must be considered by the superintendent;

(

b) provide a copy of the report to the following, as applicable:

(

i) the professional regulator or professional organization that made the application to the superintendent under

section 85 (1);

(ii) the professional regulator that governs the profession in respect of which the superintendent conducted the assessment;

(iii) a professional organization that, in the opinion of the superintendent, is closely associated with the profession in respect of which the superintendent conducted the assessment;

(

c) give the applicable professional regulator or professional organization referred to in paragraph (

b) an opportunity to be heard.

(3) The minister must

(

a) consider the report provided to the minister under subsection (1),

(

b) decide whether it would be in the public interest to recommend to the Lieutenant Governor in Council that the profession be designated by regulation under

section 89 (1), and

(

c) if the minister makes a recommendation to the Lieutenant Governor in Council under paragraph (b), include a recommendation respecting which one of the following sections should apply:

(

i) section 90.1;

(ii)

section 90.2;

(iii)

section 90.4.

(4) The minister must, in relation to the minister's decision under subsection (3) (

b) and, if applicable, the minister's recommendation under subsection (3) (c), provide written reasons to the applicable persons referred to in subsection (2) (b).

(5) The superintendent must publish the minister's written reasons under subsection (4) on a publicly accessible website maintained by the superintendent.

(6) For certainty, if the minister decides not to make a recommendation to the Lieutenant Governor in Council that a profession be designated under

section 89 (1), an application made to the superintendent under

section 85 (1) in respect of the designation of the profession is deemed to have been refused.

CLAUSE 8: [Professional Governance Act,

section 88] is consequential to amendments made by this Bill to the Act.

Section 88 is amended by repealing paragraph (c).

CLAUSE 9: [Professional Governance Act,

section 89]

repeals a definition that has been relocated by this Bill to

section 1 of the Act;

specifies matters that must be included in regulations respecting the designation of professions.

Section 89 is amended

(

a) by repealing subsection (0.1),

(

b) by adding the following subsection:

(1.1) In a regulation made under subsection (1), the Lieutenant Governor in Council must do one of the following:

(

a) specify

(

i) that a new regulatory body is to be established under

section 90.1 [new regulatory body established under this Act] ,

(ii) the date on which the establishment of the new regulatory body is to have effect,

(iii) the name that must be used by the new regulatory body, and

(iv) if applicable, the name of the professional regulator that, as of the date under subparagraph (ii), will cease to be responsible for the governance of the designated profession;

(

b) specify

(

i) the professional regulator that is to be continued as a regulatory body under

section 90.2 [continuation of professional regulator as regulatory body under this Act] ,

(ii) the date on which the continuation is to have effect, and

(iii) the name that must be used by the regulatory body, if the name is not the same as the name of the professional regulator;

(

c) specify

(

i) the existing regulatory body that, under

section 90.4 [existing regulatory body to be responsible for designated profession] , is to be responsible for carrying out the objects of this Act in respect of the designated profession,

(ii) the date on which responsibility is to commence, and

(iii) if applicable, the name of the professional regulator that, as of the date under subparagraph (ii), will cease to be responsible for the governance of the designated profession. , and

(

c) by repealing subsection (2) (a).

CLAUSE 10: [Professional Governance Act, heading to Division 2.1 of

Part 7] adds a Division heading, consequential to amendments made by this Bill to the Act.

10 The following heading is added before

section 90:

Division 2.1 – Establishment of Regulatory Bodies and Continuation of Professional Regulators as Regulatory Bodies .

CLAUSE 11: [Professional Governance Act,

section 90] is consequential to

the addition by this Bill of

section 90.1 to the Act, and

the movement by this Bill of various provisions to

section 21.1 of the Act.

Section 90 is repealed.

CLAUSE 12: [Professional Governance Act, sections 90.1 to 90.3]

establishes the consequences of regulations specifying that a new regulatory body is to be established under the Act or that a professional regulator is to be continued as a regulatory body under the Act;

provides for regulation-making authority in relation to the establishment of new regulatory bodies and the continuation of professional regulators.

12 The following sections are added:

New regulatory body established under this Act

90.1 If a regulation under

section 89 (1) [designation of profession] specifies that this

section applies in respect of a designated profession,

(

a) a corporation responsible for carrying out the objects of this Act is, on the date specified in the regulation, established as a regulatory body under this Act in respect of the designated profession,

(

b) the regulatory body must, on the date specified in the regulation, assume responsibility for carrying out the objects of this Act, and

(

c) if applicable, the professional regulator referred to in the regulation must, on the date specified in the regulation, cease to hold responsibility for carrying out the objects of this Act.

Continuation of professional regulator as regulatory body under this Act

90.2 If a regulation under

section 89 (1) [designation of profession] specifies that this

section applies in respect of a designated profession, the specified professional regulator, effective on the date specified in the regulation, is

(

a) continued as a regulatory body under this Act, and

(

b) responsible for carrying out the objects of this Act in respect of the designated profession.

Regulations respecting establishment or continuation

90.3

(1) In this section:

"affected professional regulator" , in relation to a designated profession, means the professional regulator under

section 89 (1.1) (b) (i) [designation of profession] ;

"pre-existing Act" means the Act, if any, under which an affected professional regulator is responsible for the governance of a profession.

(2) The Lieutenant Governor in Council may make regulations in respect of any matters necessary for the following:

(

a) facilitating the establishment of a regulatory body under

section 90.1 [new regulatory body established under this Act] ;

(

b) facilitating the continuation of an affected professional regulator as a regulatory body under

section 90.2;

(

c) facilitating the transition from the operation of a pre-existing Act to the operation of this Act;

(

d) facilitating the cessation, by an affected professional regulator, of responsibility for the governance of the profession;

(

e) meeting or removing any difficulties encountered in respect of paragraphs (a), (b), (

c) and (d), and for that purpose disapplying or varying any provision of

(

i) this Act, or

(ii) a pre-existing Act.

(3) The authority to make or amend a regulation under subsection (2), but not the authority to repeal a regulation made under that subsection, ends 3 years after the applicable date under

section 89 (1.1) (a) (ii) or (b) (ii).

(4) If a regulation is made under

section 89 (1) in respect of the designation of a profession, the Lieutenant Governor in Council may, by regulation, repeal the pre-existing Act or provisions of the pre-existing Act.

CLAUSE 13: [Professional Governance Act, Division 2.2]

establishes the consequences of regulations specifying that an existing regulatory body is to assume responsibility for carrying out the objects of the Act;

provides for regulation-making authority in relation to the assumption by an existing regulatory body of responsibility for carrying out the objects of the Act.

13 The following Division is added:

Division 2.2 – Existing Regulatory Bodies to Be Responsible for Designated Professions

Existing regulatory body to be responsible for designated profession

90.4

(1) In this section:

"affected professional regulator" , in respect of a designated profession, means a professional regulator under

section 89 (1.1) (c) (iii) [designation of profession] ;

"pre-existing Act" means the Act, if any, under which an affected professional regulator is governed.

(2) If a regulation under

section 89 (1) specifies that an existing regulatory body is, under this section, to be responsible for carrying out the objects of this Act in respect of a designated profession,

(

a) the regulatory body must, on the date specified in the regulation, assume responsibility for carrying out the objects of this Act, and

(

b) if applicable, the affected professional regulator must, on the date specified in the regulation, cease to hold responsibility for carrying out the objects of this Act.

(3) The Lieutenant Governor in Council may make regulations necessary for the following:

(

a) facilitating the assumption, by a regulatory body, of responsibility for carrying out the objects of this Act;

(

b) facilitating the cessation, by an affected professional regulator, of responsibility for the governance of a designated profession;

(

c) facilitating the transition from the operation of a pre-existing Act to the operation of this Act;

(

d) meeting or removing any difficulties encountered in respect of paragraphs (a), (

b) and (c), and for that purpose disapplying or varying any provision of

(

i) this Act, or

(ii) a pre-existing Act.

(4) The authority to make or amend a regulation under subsection (3), but not the authority to repeal a regulation made under that subsection, ends 3 years after the applicable date under

section 89 (1.1) (c) (ii).

(5) If a regulation is made under

section 89 (1) in respect of the designation of a profession, the Lieutenant Governor in Council may, by regulation, repeal the pre-existing Act or provisions of the pre-existing Act.

CLAUSE 14: [Professional Governance Act,

section 118] is consequential to amendments made by this Bill to the Act.

Section 118 (2) (

g) is amended by renumbering subparagraph (

i) as subparagraph (i.1) and by adding the following subparagraph:

(

i) providing that specified provisions of the Business Corporations Act apply to a regulatory body for the purposes of

section 21.1 (3) [corporate powers of regulatory bodies] of this Act; .

CLAUSE 15: [Professional Governance Act,

section 118] is consequential to amendments made by this Bill to the Act.

Section 118 (2) (k) (

i) is amended

(

a) by repealing clauses (B), (D), (

G) and (I),

(

b) by adding the following clauses:

(B.1) prescribing criteria for the purposes of

section 87 (2) (a) (vi) [assessment and recommendation respecting designation of profession] ,

(D.1) designating professions for the purposes of

section 89 (1) [designation of profession] ,

(D.2) prescribing matters for the purposes of

section 89 (2),

(G.1) prescribing matters for the purposes of

section 90.3 (2) [regulations respecting establishment or continuation] ,

(

J) prescribing matters for the purposes of

section 90.4 (3); , and

(

c) in clause (

H) by striking out "

section 90 (5) (a) " and substituting " sections 90.3 (4) and 90.4 (5) [existing regulatory body to be responsible for designated profession] ".

Part 3 – Public Safety and Solicitor General Amendments

Insurance Corporation Act

CLAUSE 16: [Insurance Corporation Act,

section 1] repeals the

definitions of "general manager" and "president" and adds a definition of "chief executive officer".

Section 1 of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended

(

a) by adding the following definition:

"chief executive officer" means the chief executive officer of the corporation; , and

(

b) by repealing the

definitions of "general manager" and "president" .

CLAUSE 17: [Insurance Corporation Act,

section 3] is consequential to other amendments made by this Bill to the Act.

Section 3 (4) is amended by striking out " the general manager " and substituting " the chief executive officer ".

CLAUSE 18: [Insurance Corporation Act,

section 4]

replaces a duty to appoint and determine the salary of a president and general manager with a duty to appoint and determine the remuneration of a chief executive officer;

repeals a requirement for the Lieutenant Governor in Council to approve the appointment.

Section 4 is amended

(

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

(1) The directors must appoint a chief executive officer of the corporation and determine the remuneration of the chief executive officer. ,

(

b) in subsection (2) by striking out " the president and general manager " and substituting " the chief executive officer ", and

(

c) in subsection (3) by striking out everything before paragraph (

a) and substituting " The directors or, if authorized by the directors, the chief executive officer may do the following: ".

CLAUSE 19: [Insurance Corporation Act,

section 6] repeals a provision that requires the corporation's head office to be designated by regulation and that authorizes the corporation to establish branch offices.

Section 6 is repealed.

CLAUSE 20: [Insurance Corporation Act,

section 11] replaces references to the general manager with references to the chief executive officer.

Section 11 is amended

(

a) in subsection (1) by striking out " A director or the general manager " and substituting " A director or the chief executive officer " and by striking out " the director's or general manager's signature " and substituting " the signature of the director or chief executive officer ",

(

b) in subsection (2) by striking out " a director, general manager, officer or an authorized person " and substituting " a director, officer or authorized person ", and

(

c) in subsection (3) by striking out " or the general manager " and substituting " or the chief executive officer ".

Consequential Amendment

Insurance (Vehicle) Act

CLAUSE 21: [Insurance (Vehicle) Act,

section 36] is consequential to amendments made by this Bill to the Insurance Corporation Act .

Section 36 (4) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by striking out " general manager " and substituting " chief executive officer ".

Part 4 – Water, Land and Resource Stewardship Amendments

Drainage, Ditch and Dike Act

CLAUSE 22: [Drainage, Ditch and Dike Act,

section 58] adds

definitions of "electronic meeting", "fully electronic meeting" and "partially electronic meeting" to

Part 2 of the Act.

Section 58 of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is amended by adding the following

definitions:

"electronic meeting" means a fully electronic meeting or a partially electronic meeting;

"fully electronic meeting" means a meeting in which persons are entitled to participate solely by telephone or other communications medium, as set out in the notice of the meeting, if all persons attending the meeting are able to participate in it, whether by telephone or other communications medium;

"partially electronic meeting" means a meeting in which persons are entitled to participate in person or by telephone or other communications medium, as set out in the notice of the meeting, if all persons attending the meeting are able to participate in it, whether by telephone, by other communications medium or in person; .

CLAUSE 23: [Drainage, Ditch and Dike Act, sections 58.1 and 58.2]

requires the inspector, land settlement board or commissioners to permit and facilitate participation in electronic meetings by telephone or other communications medium;

relocates and clarifies content previously contained in

section 64 (2) of the Act.

23 The following sections are added:

Electronic attendance at meetings

58.1

(1) A person who is entitled to attend a meeting called under this Part may participate in and, if applicable, vote at the meeting by telephone or other communications medium if all persons attending the meeting are able to participate in it, whether by telephone, by other communications medium or in person.

(2) If the inspector, land settlement board or commissioners call an electronic meeting under this Part, the inspector, board or commissioners, as applicable, must permit and facilitate participation in the meeting by telephone or other communications medium.

(3) If the inspector, land settlement board or commissioners call a meeting under this Part that is not an electronic meeting, the inspector, board or commissioners, as applicable, are not required to take any action or provide any facility to permit or facilitate the use of any communications medium at the meeting.

(4) A person who participates in a meeting in a manner contemplated by subsection (1) is deemed, for the purposes of this Part, to be present in person.

Location of meetings

58.2 If a meeting under this

Part is held at a place, the place may be located in or outside the district.

CLAUSE 24: [Drainage, Ditch and Dike Act,

section 64]

is consequential to the relocation of content to

section 58.2 of the Act, as added by this Bill;

is consequential to the repeal by this Bill of

section 76 (2) of the Act.

Section 64 is amended

(

a) by repealing subsection (2), and

(

b) in subsection (3) by striking out "

section 76 (1) and (2) " and substituting "

section 76 (1) ".

CLAUSE 25: [Drainage, Ditch and Dike Act,

section 76]

is consequential to the relocation of content to

section 76.1 of the Act, as added by this Bill;

is consequential to the repeal by this Bill of Form J of the

Schedule to the Act.

Section 76 is amended

(

a) in subsection (1) by striking out " the commissioners must, by a notice mailed or delivered to each owner, and posted up in at least 3 conspicuous places in the district, call a meeting " and substituting " the commissioners must, by giving notice in accordance with

section 76.1, call a meeting ", and

(

b) by repealing subsection (2).

CLAUSE 26: [Drainage, Ditch and Dike Act,

section 76.1]

relocates notice requirements previously contained in

section 76 of the Act;

establishes notice requirements for electronic meetings of owners respecting works and remuneration.

26 The following

section is added:

Notice of meeting respecting works and remuneration

76.1

(1) Notice of a meeting called under

section 76 must include

(

a) the date, time and, if applicable, place of the meeting,

(

b) a description of the purpose of the meeting, and

(

c) if the meeting is an electronic meeting, instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting.

(2) The notice must be given not less than 10 days before the date of the meeting

(

a) by delivering it to each owner, and

(

b) by posting it in at least 3 conspicuous public places in the district.

CLAUSE 27: [Drainage, Ditch and Dike Act,

section 77]

is consequential to the relocation of content to

section 77.1 of the Act, as added by this Bill;

is consequential to the repeal by this Bill of Form K of the

Schedule to the Act.

Section 77 is amended

(

a) in subsection (2) by striking out " the commissioners must, by a written notice mailed or delivered to each owner and posted in at least 3 conspicuous places in the district, call a general meeting of the owners, to be held in the month of January next following at a place, in or outside of the district, and at a time " and substituting " the commissioners must, by giving notice in accordance with

section 77.1, call a general meeting of the owners, to be held in the following January at a time ",

(

b) by repealing subsection (3), and

(

c) in subsection (4) by striking out " A general meeting must be held in each year after that, after giving a similar notice and " and substituting " In each subsequent year, the commissioners must, by giving notice in accordance with

section 77.1, call a general meeting ".

CLAUSE 28: [Drainage, Ditch and Dike Act,

section 77.1]

relocates notice requirements previously contained in

section 77 of the Act;

establishes notice requirements for electronic general meetings of owners.

28 The following

section is added:

Notice of general meeting

77.1

(1) Notice of a meeting called under

section 77 must include

(

a) the date, time and, if applicable, place of the meeting,

(

b) a description of the purpose of the meeting, and

(

c) if the meeting is an electronic meeting, instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting.

(2) The notice must be given not less than 15 days before the date of the meeting

(

a) by delivering it to each owner, and

(

b) by posting it in at least 3 conspicuous public places in the district.

CLAUSE 29: [Drainage, Ditch and Dike Act,

section 114] is consequential to the relocation of content to

section 114.1 of the Act, as added by this Bill.

Section 114 (1) is amended by striking out " must call a meeting of all the owners within the level contained and enclosed by the outer dikes, and give 6 days' notice of the time and place of the meeting to each owner or the owner's known agent " and substituting " must, by giving notice in accordance with

section 114.1, call a meeting of all the owners within the level contained and enclosed by the outer dikes ".

CLAUSE 30: [Drainage, Ditch and Dike Act,

section 114.1]

relocates notice requirements previously contained in

section 114 of the Act;

establishes a requirement to include in a meeting notice a description of the purpose of the meeting;

establishes notice requirements for electronic meetings respecting inner and outer dikes.

30 The following

section is added:

Notice of meeting respecting inner and outer dikes

114.1

(1) Notice of a meeting called under

section 114 must include

(

a) the date, time and, if applicable, place of the meeting,

(

b) a description of the purpose of the meeting, and

(

c) if the meeting is an electronic meeting, instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting.

(2) The notice must be given to each owner or agent of the owner not less than 6 days before the date of the meeting.

CLAUSE 31: [Drainage, Ditch and Dike Act,

section 162]

is consequential to the relocation of content to

section 162.1 of the Act, as added by this Bill;

makes housekeeping amendments.

Section 162 is amended

(

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

(1) This

section applies only to a district constituted before April 1, 1919.

(1.1) Each year, the commissioners of a district must, by giving notice in accordance with

section 162.1, call a general meeting of the ratepayers of the district, to be held on a date not earlier than January 15 and not later than January 31 of that year.

(1.2) The commissioners must submit to the meeting

(

a) a report on the condition of the works under their charge, and

(

b) a statement of the financial condition of the district.

(1.3) At the meeting, the commissioners may discuss with the ratepayers matters relating to the condition and maintenance of the works under their charge. , and

(

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

(3) If notice of a resolution is given under subsection (2), the notice referred to in subsection (1.1) must include a statement that the resolution will be submitted to the meeting.

CLAUSE 32: [Drainage, Ditch and Dike Act,

section 162.1]

relocates notice requirements previously contained in

section 162 of the Act;

establishes a requirement to include in a meeting notice a description of the purpose of the meeting;

establishes notice requirements for electronic annual meetings of ratepayers.

32 The following

section is added:

Notice of annual meeting of ratepayers

162.1

(1) Notice of a meeting called under

section 162 must include

(

a) the date, time and, if applicable, place of the meeting,

(

b) a description of the purpose of the meeting, and

(

c) if the meeting is an electronic meeting, instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting.

(2) The notice must be given not less than 10 days before the date of the meeting

(

a) by posting it in a conspicuous place at each post office in the district, or

(

b) if there is no post office in the district, by posting it in at least 3 conspicuous public places in the district.

CLAUSE 33: [Drainage, Ditch and Dike Act,

section 165] is consequential to the relocation of content to

section 165.1 of the Act, as added by this Bill.

Section 165 (2) is amended by striking out " the inspector or board must by written notice, mailed or delivered to each owner and posted in at least 3 conspicuous public places in the district, call a general meeting of the owners, to be held in or out of the district at a time in each year as the inspector or board thinks expedient, for the purpose of receiving " and substituting " the inspector or board must, by giving notice in accordance with

section 165.1, call a general meeting of the owners for the purpose of receiving ".

CLAUSE 34: [Drainage, Ditch and Dike Act,

section 165.1]

relocates notice requirements previously contained in

section 165 of the Act;

establishes a requirement respecting when a meeting notice must be given;

establishes a requirement to include in a meeting notice a description of the purpose of the meeting;

establishes notice requirements for electronic general meetings of owners.

34 The following

section is added:

Inspector's or board's notice of general meeting of owners

165.1

(1) Notice of a meeting called under

section 165 must include

(

a) the date, time and, if applicable, place of the meeting,

(

b) a description of the purpose of the meeting, and

(

c) if the meeting is an electronic meeting, instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting.

(2) The notice must be given not less than 10 days before the date of the meeting

(

a) by delivering it to each owner, and

(

b) by posting it in at least 3 conspicuous public places in the district.

CLAUSE 35: [Drainage, Ditch and Dike Act, Schedule] repeals Forms J and K of the

Schedule to the Act.

35 Forms J and K of the

Schedule are repealed.

Water Users' Communities Act

CLAUSE 36: [Water Users' Communities Act,

section 53] makes a housekeeping amendment.

Section 53 (1) of the Water Users' Communities Act, R.S.B.C. 1996, c. 483, is amended by striking out " at general meetings " and substituting " at meetings ".

CLAUSE 37: [Water Users' Communities Act,

section 54] makes a housekeeping amendment.

Section 54 (2) is amended by striking out " at a general meeting " and substituting " at a meeting of the water users' community ".

CLAUSE 38: [Water Users' Communities Act, sections 60 and 60.1]

adds

definitions of "electronic meeting", "fully electronic meeting" and "partially electronic meeting" to the Act;

requires members calling an electronic meeting to permit and facilitate participation in the meeting by telephone or other communications medium;

establishes notice requirements for electronic meetings.

Section 60 is repealed and the following substituted:

Meeting of members

(1) In this

section and

section 60.1:

"electronic meeting" means a fully electronic meeting or a partially electronic meeting;

"fully electronic meeting" means a meeting in which persons are entitled to participate solely by telephone or other communications medium, as set out in the notice of the meeting, if all persons attending the meeting are able to participate in it, whether by telephone or other communications medium;

"partially electronic meeting" means a meeting in which persons are entitled to participate in person or by telephone or other communications medium, as set out in the notice of the meeting, if all persons attending the meeting are able to participate in it, whether by telephone, by other communications medium or in person.

(2) Any 3 members of a water users' community may at any time call a meeting of the water users' community.

(3) If members call an electronic meeting, they must permit and facilitate participation in the meeting by telephone or other communications medium.

(4) If members call a meeting that is not an electronic meeting, they are not required to take any action or provide any facility to permit or facilitate the use of any communications medium at the meeting.

(5) A member may participate in, and vote at, a meeting by telephone or other communications medium if all members attending the meeting are able to participate in it, whether by telephone, by other communications medium or in person.

Notice of meeting

60.1

(1) Members who call a meeting of a water users' community must give 2 weeks' notice of the meeting to all members who reside on land to which water is conveyed by means of the works controlled by the water users' community.

(2) Notice of an electronic meeting must contain instructions for attending and participating in the meeting by telephone or other communications medium, including instructions for voting at the meeting.

Transitional Provisions

CLAUSE 39: [Drainage, Ditch and Dike Act and Water Users' Communities Act transition – definition] adds a definition for the purposes of the transitional provisions.

Definition

39 In sections 40 and 41, "effective date" means the date this

section comes into force.

CLAUSE 40: [Drainage, Ditch and Dike Act transition – notice of meeting] provides a transitional rule respecting notice given in relation to a meeting called under the Drainage, Ditch and Dike Act before the amendments made to that Act by this Bill come into force.

Drainage, Ditch and Dike Act transition – notice of meeting

40 The following provisions of the Drainage, Ditch and Dike Act , as they read immediately before the effective date, and Forms J and K set out in the

Schedule to that Act, as they read immediately before the effective date, continue to apply in respect of notice of a meeting called under that Act before the effective date:

(a)

section 76 (1) and (2);

(b)

section 77 (2), (3) and (4);

(c)

section 114 (1);

(d)

section 162 (1) and (3);

(e)

section 165 (2).

CLAUSE 41: [Water Users' Communities Act transition – notice of meeting] provides a transitional rule respecting notice given in relation to a meeting called under the Water Users' Communities Act before the amendments made to that Act by this Bill come into force.

Water Users' Communities Act transition – notice of meeting

Section 60 of the Water Users' Communities Act , as it read immediately before the effective date, continues to apply in respect of notice of a meeting called under that Act before the effective date.

Commencement

42 This Act comes into force on the date of Royal Assent.

Explanatory Notes

CLAUSE 1: [Community Charter,

section 274.1] establishes a rule, for the purposes of enforcing bylaws under

section 274 of the Act, that shelter is reasonably available and meets basic needs for shelter if certain criteria are met.

CLAUSE 2: [Vancouver Charter,

section 334.1] establishes a rule, for the purposes of enforcing bylaws under

section 334 of the Act, that shelter is reasonably available and meets basic needs for shelter if certain criteria are met.

CLAUSE 3: [Professional Governance Act,

section 1]

adds

definitions of "designated profession" and "professional organization";

amends the

definitions of "professional regulator" and "regulatory body".

CLAUSE 4: [Professional Governance Act,

section 21.1] relocates provisions previously contained in

section 90 of the Act.

CLAUSE 5: [Professional Governance Act,

section 76] amends the definition of "different governing body".

CLAUSE 6: [Professional Governance Act, heading to Division 1 of

Part 7] is consequential to amendments made by this Bill to the Act.

CLAUSE 7: [Professional Governance Act,

section 87] amends provisions respecting assessments conducted by the superintendent and the process by which recommendations are made to the minister and the Lieutenant Governor in Council.

CLAUSE 8: [Professional Governance Act,

section 88] is consequential to amendments made by this Bill to the Act.

CLAUSE 9: [Professional Governance Act,

section 89]

repeals a definition that has been relocated by this Bill to

section 1 of the Act;

specifies matters that must be included in regulations respecting the designation of professions.

CLAUSE 10: [Professional Governance Act, heading to Division 2.1 of

Part 7] adds a Division heading, consequential to amendments made by this Bill to the Act.

CLAUSE 11: [Professional Governance Act,

section 90] is consequential to

the addition by this Bill of

section 90.1 to the Act, and

the movement by this Bill of various provisions to

section 21.1 of the Act.

CLAUSE 12: [Professional Governance Act, sections 90.1 to 90.3]

establishes the consequences of regulations specifying that a new regulatory body is to be established under the Act or that a professional regulator is to be continued as a regulatory body under the Act;

provides for regulation-making authority in relation to the establishment of new regulatory bodies and the continuation of professional regulators.

CLAUSE 13: [Professional Governance Act, Division 2.2]

establishes the consequences of regulations specifying that an existing regulatory body is to assume responsibility for carrying out the objects of the Act;

provides for regulation-making authority in relation to the assumption by an existing regulatory body of responsibility for carrying out the objects of the Act.

CLAUSE 14: [Professional Governance Act,

section 118] is consequential to amendments made by this Bill to the Act.

CLAUSE 15: [Professional Governance Act,

section 118] is consequential to amendments made by this Bill to the Act.

CLAUSE 16: [Insurance Corporation Act,

section 1] repeals the

definitions of "general manager" and "president" and adds a definition of "chief executive officer".

CLAUSE 17: [Insurance Corporation Act,

section 3] is consequential to other amendments made by this Bill to the Act.

CLAUSE 18: [Insurance Corporation Act,

section 4]

replaces a duty to appoint and determine the salary of a president and general manager with a duty to appoint and determine the remuneration of a chief executive officer;

repeals a requirement for the Lieutenant Governor in Council to approve the appointment.

CLAUSE 19: [Insurance Corporation Act,

section 6] repeals a provision that requires the corporation's head office to be designated by regulation and that authorizes the corporation to establish branch offices.

CLAUSE 20: [Insurance Corporation Act,

section 11] replaces references to the general manager with references to the chief executive officer.

CLAUSE 21: [Insurance (Vehicle) Act,

section 36] is consequential to amendments made by this Bill to the Insurance Corporation Act .

CLAUSE 22: [Drainage, Ditch and Dike Act,

section 58] adds

definitions of "electronic meeting", "fully electronic meeting" and "partially electronic meeting" to

Part 2 of the Act.

CLAUSE 23: [Drainage, Ditch and Dike Act, sections 58.1 and 58.2]

requires the inspector, land settlement board or commissioners to permit and facilitate participation in electronic meetings by telephone or other communications medium;

relocates and clarifies content previously contained in

section 64 (2) of the Act.

CLAUSE 24: [Drainage, Ditch and Dike Act,

section 64]

is consequential to the relocation of content to

section 58.2 of the Act, as added by this Bill;

is consequential to the repeal by this Bill of

section 76 (2) of the Act.

CLAUSE 25: [Drainage, Ditch and Dike Act,

section 76]

is consequential to the relocation of content to

section 76.1 of the Act, as added by this Bill;

is consequential to the repeal by this Bill of Form J of the

Schedule to the Act.

CLAUSE 26: [Drainage, Ditch and Dike Act,

section 76.1]

relocates notice requirements previously contained in

section 76 of the Act;

establishes notice requirements for electronic meetings of owners respecting works and remuneration.

CLAUSE 27: [Drainage, Ditch and Dike Act,

section 77]

is consequential to the relocation of content to

section 77.1 of the Act, as added by this Bill;

is consequential to the repeal by this Bill of Form K of the

Schedule to the Act.

CLAUSE 28: [Drainage, Ditch and Dike Act,

section 77.1]

relocates notice requirements previously contained in

section 77 of the Act;

establishes notice requirements for electronic general meetings of owners.

CLAUSE 29: [Drainage, Ditch and Dike Act,

section 114] is consequential to the relocation of content to

section 114.1 of the Act, as added by this Bill.

CLAUSE 30: [Drainage, Ditch and Dike Act,

section 114.1]

relocates notice requirements previously contained in

section 114 of the Act;

establishes a requirement to include in a meeting notice a description of the purpose of the meeting;

establishes notice requirements for electronic meetings respecting inner and outer dikes.

CLAUSE 31: [Drainage, Ditch and Dike Act,

section 162]

is consequential to the relocation of content to

section 162.1 of the Act, as added by this Bill;

makes housekeeping amendments.

CLAUSE 32: [Drainage, Ditch and Dike Act,

section 162.1]

relocates notice requirements previously contained in

section 162 of the Act;

establishes a requirement to include in a meeting notice a description of the purpose of the meeting;

establishes notice requirements for electronic annual meetings of ratepayers.

CLAUSE 33: [Drainage, Ditch and Dike Act,

section 165] is consequential to the relocation of content to

section 165.1 of the Act, as added by this Bill.

CLAUSE 34: [Drainage, Ditch and Dike Act,

section 165.1]

relocates notice requirements previously contained in

section 165 of the Act;

establishes a requirement respecting when a meeting notice must be given;

establishes a requirement to include in a meeting notice a description of the purpose of the meeting;

establishes notice requirements for electronic general meetings of owners.

CLAUSE 35: [Drainage, Ditch and Dike Act, Schedule] repeals Forms J and K of the

Schedule to the Act.

CLAUSE 36: [Water Users' Communities Act,

section 53] makes a housekeeping amendment.

CLAUSE 37: [Water Users' Communities Act,

section 54] makes a housekeeping amendment.

CLAUSE 38: [Water Users' Communities Act, sections 60 and 60.1]

adds

definitions of "electronic meeting", "fully electronic meeting" and "partially electronic meeting" to the Act;

requires members calling an electronic meeting to permit and facilitate participation in the meeting by telephone or other communications medium;

establishes notice requirements for electronic meetings.

CLAUSE 39: [Drainage, Ditch and Dike Act and Water Users' Communities Act transition – definition] adds a definition for the purposes of the transitional provisions.

CLAUSE 40: [Drainage, Ditch and Dike Act transition – notice of meeting] provides a transitional rule respecting notice given in relation to a meeting called under the Drainage, Ditch and Dike Act before the amendments made to that Act by this Bill come into force.

CLAUSE 41: [Water Users' Communities Act transition – notice of meeting] provides a transitional rule respecting notice given in relation to a meeting called under the Water Users' Communities Act before the amendments made to that Act by this Bill come into force.

Copyright © King's Printer, Victoria, British Columbia, Canada