British Columbia Bill 73 (Government) — 4th Parliament, 37th Session — Previous Version 1
4-37 Gov Bill 73-1
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2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
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HONOURABLE STAN HAGEN
MINISTER OF SUSTAINABLE
RESOURCE MANAGEMENT
BILL 73 – 2003
SUSTAINABLE RESOURCE MANAGEMENT
STATUTES AMENDMENT ACT, 2003
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Agricultural Land Commission Act
Section 20 (5) (
b) of the Agricultural Land Commission Act,
S.B.C. 2002, c. 36, is repealed and the following substituted:
(
b) order that an application to the commission under subsection (3) is required for permission to engage in the use and may include as a term in the order that the person cease or not engage in the use until the application is determined.
Section 34 (1) is repealed and the following substituted:
(1) In this
section and in sections 35 and 36, "application" means an application for inclusion under
section 17, for exclusion under
section 29 or 30, for a non-farm use under
section 20 or for a subdivision under
section 21.
Section 56 (1) is amended by striking out "sections
49, 50 and 52 to 55 apply to" and substituting "sections 49 to
55 apply to" .
Assessment Act
Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is
amended
(
a) in the definition of "assessment roll" by adding "a
revised assessment roll," after "includes" and by striking
out "42," , and
(
b) by adding the following definition:
"revised assessment roll" means an assessment roll
as amended under sections 10 and 42; .
Section 2 (
b) is amended by striking out "authentication
of the previous" and substituting "previous revised" .
Section 7 (2) (
b) is repealed and the following substituted:
(
b) the revised assessment roll; .
Section 10 is amended
(
a) in subsection (1) by adding ", except those errors or omissions
corrected under subsection (2)" after "section 3" , and
(
b) by repealing subsection (2) and substituting the following:
(2) Before March 16 of the year following the completion of the assessment roll under
section 3, the assessor may amend an individual entry in the completed assessment roll to correct an error or omission, with the consent of
(
a) the owner of the affected property, and
(
b) the complainant, if the complainant is not the owner of the affected property.
Section 11 is amended
(
a) by striking out "The completed assessment roll as confirmed
and authenticated by a review panel under
section 42" and substituting
"The revised assessment roll" , and
(
b) in paragraph (
b) by striking out "until a new roll is revised,
confirmed and authenticated by the review panel." and substituting "until
the next revised assessment roll."
Section 12 (4) is amended by striking out "supply"
in both places.
Section 13 (2) (
b) is amended by adding "if the complaint
is not resolved under
section 10 (2)," before "ensure" .
Section 23 (3) is amended by striking out "Subject
to the approval of the Lieutenant Governor in Council, the commissioner"
and substituting "The Lieutenant Governor in Council" .
Section 34 is amended by adding "that is not corrected
with the consent of the owner of the affected property" after "section
10" .
Section 35 is amended
(
a) in subsection (1) by striking out "On receiving a complaint
under
section 33 (1)," and substituting "If a complaint is received
under
section 33 (1) and is not resolved under
section 10 (2)," , and
(
b) by repealing subsections (3) (a), (4) and (5).
Section 38 is amended
(
a) by repealing subsection (4) and substituting the following:
(4) A review panel must before March 16 complete
(
a) any investigation referred to in subsection (2) (a), and
(
b) adjudication of the matters set for its consideration
under
section 36. , and
(
b) in subsection (7) (
c) by striking out "subsection (4) (
a) of this section," and substituting "subsection (4)," .
Section 41 is amended
(
a) by adding the following subsection:
(1.1) Before April 7, the assessor must deliver notice of the amendment made by the assessor under
section 10 (2) to
(
a) the owner of the property to which the amendment relates, and
(
b) the complainant, if the amendment resolved a complaint
and the complainant is not the owner. ,
(
b) in subsection (2) by striking out "subsection (1)"
and substituting "subsection (1) or (1.1)" , and
(
c) in subsection (2) (
a) by adding "or amendment" after
"decision" .
Section 42 (2) is repealed.
Section 46 (4) is amended by striking out "an authenticated"
and substituting "a revised" .
Section 50 (1) is amended by striking out "or"
at the end of paragraph (a), by adding ", or" at the end of paragraph
(
b) and by adding the following paragraph:
(
c) with an amendment to the assessment roll under
section 10 (2).
Section 63 (2) is amended by striking out "authenticated"
and substituting "revised" .
Section 66 (1) (
c) is amended by adding "10,"
after "section" .
Assessment Authority Act
Section 5 of the Assessment Authority Act, R.S.B.C. 1996, c.
21, is repealed and the following substituted:
Power to acquire property
5 The authority may, for the purposes of this
Act,
(
a) acquire, hold and dispose of property, and
(
b) with the prior approval of the minister, borrow money on the credit of the authority and give security.
Section 16 (1) is amended by striking out "responsible
for finance" and substituting "charged with the administration
of the Financial Administration Act " .
Section 17 (5) and (7) is amended by striking out "Minister
of Municipal Affairs" and substituting "minister" .
Section 20 is amended
(
a) in subsection (1) by striking out "certified" ,
(
b) in subsections (3) and (5) by striking out "Minister of
Finance and Corporate Relations," and substituting "minister charged
with the administration of the Financial Administration Act ," ,
and
(
c) in subsection (4) by striking out " Municipal Grants Act
(Canada)" and substituting " Payments in Lieu of Taxes Act
(Canada)" .
Section 21 is repealed.
Community Charter
Section 213 (3) of the Community Charter is amended by striking
out "authenticated" and substituting "revised" .
Section 221 (1) is amended in the definition of "final
determination under the Assessment Act " by striking out "by
supplementary assessment roll, by correction of a property assessment review
panel, on complaint to a property assessment review panel" and substituting
"by revised assessment roll, by supplementary assessment roll" .
Land Act
Section 10 of the Land Act, R.S.B.C. 1996, c. 245, is amended
by adding the following subsection:
(3) Despite subsection (1), the minister may refuse to receive an application for Crown land if
(
a) the application is incomplete,
(
b) the land is reserved from disposition under
section 15, or
(
c) the land is withdrawn from disposition under
section 16.
Section 20 (1) is amended by striking out "Except as
provided in sections 70 and 71, or unless" and substituting "Unless" .
Section 21 (1) is amended by striking out "Except as
provided in sections 70 and 71," .
Section 42 is amended
(
a) in subsection (1) by striking out "The date" and substituting
"Unless otherwise specified by the minister, the date" , and
(
b) by repealing subsection (2).
32 Sections 70 and 71 are repealed.
Land Title Act
Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is
amended by adding the following definition:
"Ministry of Transportation" means the ministry
of the minister charged with the administration of the Highway Act ; .
34 Sections 1, in the definition of "designated highways
official" , 67 (s), 83 (1) (
d) and 124 (2) and (3) are amended by striking
out "and Highways" .
35 Sections 1, in the definition of "records" , 6
(2), 9, 10 (2), 11 (3), 38 (3), 296, 298 to 305, 322, in the definition of "complete
survey" , 323, 326 to 333, 338 to 351, 353 to 355, 358, 361 (1), 362,
367 (2) (g), 371 (4) (a), 373, 373.82 (4), 385 (5) and 386 (8) are amended by
striking out "Attorney General" wherever it appears and substituting
"minister" .
Section 17 is amended by striking out "Ministry of
Attorney General." and substituting "ministry of the minister."
Section 67 (
d) to (
r) is repealed.
Section 75 (1) (
b) is repealed and the following substituted:
(
b) all highways provided for in a subdivision plan or
otherwise legally established on lands adjoining, lying beyond or around the
land subdivided must be continued without unnecessary jogs and must be cleared,
drained, constructed and surfaced to the approving officer's satisfaction, or
unless, in circumstances the approving officer considers proper, security is
provided in an amount and in a form acceptable to the approving officer; .
39 Sections 76 (3) and (5), 77.1 (2), 80 (b), 115 (1), (2) and
(6), 133, 142 (1) and (2) and 373.52 (6) are amended by striking out "Minister
of Transportation and Highways" wherever it appears and substituting "minister
charged with the administration of the Highway Act " .
Section 77.2 (1) (
a) is repealed and the following substituted:
(
a) the deputy minister to the minister charged with
the administration of the Highway Act , and .
41 Sections 82 (1), (3), (5), (6) and (7), 94 (1), (2) and (3),
95 (1), 96 (1), 108 (5), 118 (1) and (7), 136 (1) and (3), 218 (1) (
d) and 219
(3) (c), (11) (
b) and (13) are amended by striking out "Minister of
Environment, Lands and Parks" and substituting "minister" .
Section 86 (1) (
c) is amended by adding the following subparagraph:
(iii.1) a highway provided for in a subdivision plan
or otherwise legally established on lands adjoining, lying beyond or around
the land subdivided is, in the approving officer's opinion, not sufficient, .
Section 108 is amended
(
a) in subsection (3) by striking out "Lieutenant Governor in
Council," and substituting "minister," , and
(
b) by adding the following subsection:
(3.1) The minister may delegate to the Surveyor General the minister's powers and duties under subsection (3).
Section 125 (2) is amended
(
a) in paragraphs (
c) and (
d) by striking out "Deputy Minister
of Transportation and Highways" and substituting "deputy minister
to the minister charged with the administration of the Highway Act " ,
and
(
b) by repealing paragraph (
e) and substituting the following:
(
e) the deputy minister to the minister charged with
the administration of the Park Act ; .
45 Sections 295 (1), 296 (5), (6) and (7), 298 (3) and (4), 302
(1), 305 (3), 306, 307 and 386 (9) are amended by striking out "Minister
of Finance and Corporate Relations" wherever it appears and substituting
"minister charged with the administration of the Financial Administration
Act " .
Section 296 (8) is amended by striking out "within
6 years after the deprivation occurs." and substituting "within
3 years after the deprivation is discovered by the claimant."
Section 298 (2) is amended by striking out "within
a period of 6 years from the time the loss or damage occurred." and substituting
"within 3 years after the loss or damage is discovered by the claimant."
48 Items 1, 2 and 5 of the
Schedule are repealed and the following
substituted:
Item
Column 1
Matter
Column 2
Fee
Indefeasible Title
To register an indefeasible title, except for item 4 (b)
(
a) if the application is submitted electronically
(
b) if the application is submitted in any other manner
$58.50, of which $5 is an assurance fund fee, for each indefeasible
title registered
$60, of which $5 is an assurance fund fee, for each indefeasible
title registered
Charges
Subject to item 3, to register any right, notice, claim, estate or
interest as a charge or in the same manner as a charge, and to register
a transfer, transmission, modification, extension, renewal or postponement
of a charge as if it were a charge
(
a) if the application is submitted electronically
(
b) if the application is submitted in any other manner
$58.50, of which $5 is an assurance fund fee, for each
charge registered regardless of the number of indefeasible titles
affected
$60, of which $5 is an assurance fund fee, for each charge registered
regardless of the number of indefeasible titles affected
Cancellation of a Charge
To register a cancellation or discharge of
(
a) a registered charge, or any right, claim, notice or interest that
was registered in the same manner as a charge
(
i) if the application is submitted electronically
(ii) if the application is submitted in any other manner
(
b) a claim of builders lien, a maintenance order under item 3 (c),
a merger of a charge or a charge derived from or dependent on another
charge which has been cancelled
$23.50 for each charge cancelled or discharged, regardless of the
number of indefeasible titles affected by the charge
$25 for each charge cancelled or discharged, regardless of the number
of indefeasible titles affected by the charge
nil
Section 9 (
a) of the Supplement to the Land Title Act is amended
by adding "in subsection (1)" before "by adding".
Section 373.1 (1) and (3) (
b) as consolidated in
section 11
of the Supplement is amended by striking out "Attorney General"
wherever it appears and substituting "minister" .
Local Government Act
Section 339 (4) of the Local Government Act, R.S.B.C. 1996,
c. 323, is amended in the definition of "final determination under the
Assessment Act " by striking out "by supplementary assessment
roll, by correction of a property assessment review panel, on complaint to a
property assessment review panel" and substituting "by revised
assessment roll, by supplementary assessment roll" .
52 Sections 620, 629 (5), 632 (5) and (6), 756.2 (3), 990
(1) and 1011 (5) (
b) and (6) (
b) are amended by striking out "authenticated"
and substituting "revised" .
Oil and Gas Commission Act
Section 1 (1) (e) (xv) of the Oil and Gas Commission Act, S.B.C.
1998, c. 39, is amended in the definition of "specified enactment"
by striking out "section 42 (2)" and substituting "section
42 (1)" .
Sustainable Resource Management Statutes Amendment Act, 2002
Section 17 of the Sustainable Resource Management Statutes
Amendment Act, 2002, S.B.C. 2002, c. 18, is repealed.
Taxation (Rural Area) Act
Section 15 (5) of the Taxation (Rural Area) Act, R.S.B.C. 1996,
c. 448, is amended in the definition of "final determination under the
Assessment Act " by striking out "by supplementary assessment
roll, by correction of a property assessment review panel, on complaint to a
property assessment review panel" and substituting "by revised
assessment roll, by supplementary assessment roll" .
Section 21 (5) is amended by striking out "assessment roll
as confirmed and authenticated by a review panel" and substituting "revised
assessment roll" .
University Endowment Land Act
Section 2 (1) of the University Endowment Land Act, R.S.B.C.
1996, c. 469, is amended
(
a) by striking out "and with the approval of the Lieutenant
Governor in Council" , and
(
b) by adding "with the approval of the Lieutenant Governor
in Council," at the beginning of each of paragraphs (b), (c), (e), (
f) an d (g).
Vancouver Charter
58 Sections 240 (1) (
b) and 506 (1) and (2) of the Vancouver Charter,
S.B.C. 1953, c. 55, are amended by striking out "revised" .
Section 372 is amended by striking out "a property
assessment review panel appointed under the Assessment Act has finally
passed the real-property assessment roll" and substituting "receiving
the revised assessment roll" .
Section 396 (4) is amended in the definition of "final
determination under the Assessment Act " by striking out "by
supplementary assessment roll, by correction of a property assessment review
panel, on complaint to a property assessment review panel" and substituting
"by revised assessment roll, by supplementary assessment roll" .
Water Act
Section 1 of the Water Act, R.S.B.C. 1996, c. 483, is amended
(
a) by repealing the
definitions of "conveying purpose" ,
"hydraulicking purpose" , "river improvement purpose"
and "toll" , and
(
b) by repealing the definition of "mining purpose" and
substituting the following:
"mining purpose" means
(
a) the use of water, including the use of water under head, for recovering mineral from the ground or from ore, or
(
b) the use of water under head to move earth, sand,
gravel or rock; .
Section 10 is amended
(
a) by renumbering the
section as
section 10 (1),
(
b) in subsection (1) by striking out "A person who applies
for a licence must" and substituting "Subject to subsection (2),
a person who applies for a licence must, within the time prescribed by regulation," ,
and
(
c) by adding the following subsection:
(2) The comptroller or regional water manager may
(
a) shorten or extend the time prescribed under subsection (1), or
(
b) if no time has been prescribed, set a time for compliance with a direction or requirement under subsection (1) (
b) or (c).
Section 12 is amended by adding the following subsections:
(1.1) An applicant must comply with any order made under subsection (1) (
d) or (
e) within the time specified by the comptroller or the regional water manager.
(1.2) Without limiting subsection (1), the comptroller or the regional water manager may refuse an application or reject an application without consideration if
(
a) the applicant fails to comply with any directions or requirements under subsection (1) (
d) or (
e) or
section 10 (1), or fails to comply within the required time,
(
b) the application is incomplete, or
(
c) the application fails to meet the requirements of an approved plan.
(1.3) For the purposes of this section, an "approved plan" means the following:
(
a) a water management plan approved by the Lieutenant Governor in Council under
section 64 if the plan is accompanied by a regulation made under
section 65 that
(
i) designates an area for the plan that includes the stream or part of the stream in respect of which the application under
section 10 is made, and
(ii) restricts the issuance of water licences in that designated area;
(
b) a drinking water management plan approved by the
Lieutenant Governor in Council under
section 34 of the Drinking Water Protection
Act , S.B.C. 2001, c. 9, if the plan is accompanied by a regulation
made under
section 35 of that Act that
(
i) designates an area for the plan that includes the stream or part of the stream in respect of which the application under
section 10 is made, and
(ii) restricts the issuance of water licences in that designated area;
(
c) a prescribed resource management plan that
(
i) designates an area for the plan that includes the stream or part of the stream in respect of which the application under
section 10 is made, and
(ii) restricts the issuance of water licences in that designated area.
64 The following
section is added:
Licences for power purposes
12.2
(1) This
section applies to
(
a) a licence issued for a power purpose after this
section comes into force,
(
b) a licence issued for a power purpose before this
section comes into force, if the licence was issued for a specified term and the holder of the licence applies to renew or amend the licence or the licence is renewed or amended to extend its term, and
(
c) a licence issued for a purpose other than a power purpose, if the holder of the licence applies to amend the licence, or if the licence is amended, to authorize the use of water for a power purpose.
(2) The term of a licence that is issued for a power purpose after this
section comes into force, or is issued for a power purpose and renewed or amended to extend its term after this
section comes into force, is 40 years.
(3) The term of a licence issued for another purpose and amended to authorize the use of water for a power purpose after this
section comes into force is 40 years in respect of the use of water for a power purpose.
(4) The holder of a licence may apply to renew the licence before the expiry of the term of that licence.
(5) This Act and the regulations apply to the application to renew the licence as if the application were for a new licence.
(6) The rights exercisable under a renewed licence have the same precedence as under the original licence.
(7) Despite subsection (2), (3), or (8), if an application is made under subsection (4), the licence does not expire until the comptroller or the regional water manager makes a decision respecting the application.
(8) If the holder of a licence fails to apply to renew the licence before the expiry of the term of the licence and the failure is, in the opinion of the comptroller or regional water manager, not the fault of the holder of the licence, the comptroller or regional water manager may extend the expiry date for not more than six months from the original expiry date.
(9) Subsection (8) does not apply to a licence for which the expiry date has been extended under that subsection.
(10) Despite
section 40, a decision of the comptroller or regional water manager under subsection (8) may not be appealed.
Section 12.2 (10) is amended by striking out "section
40" and substituting "section 92" .
Section 16 (1) is amended by striking out "passes"
and substituting "and any rights and obligations granted and imposed
under the licence, approval or permit pass" .
Section 21 (1) is repealed and the following substituted:
(1) The following persons must exercise reasonable care to avoid damaging land, works, trees or other property, and must make full compensation to the owners for damage or loss resulting from construction, maintenance, use, operation or failure of the works:
(
a) an applicant;
(
b) a licensee;
(
c) a holder of an approval;
(
d) a person who, in accordance with the regulations or an order, makes changes in and about a stream or diverts or uses water.
Section 22 is repealed and the following substituted:
Records
22 The following persons must keep the prescribed
records and any other records that the comptroller, a regional water manager
or an engineer directs, and must produce those records for inspection when required:
(
a) an applicant;
(
b) a licensee;
(
c) a holder of an approval;
(
d) a person who, in accordance with the regulations or an order, makes changes in and about a stream or diverts or uses water.
Section 23 (9) is repealed.
70 Sections 30 (1), 33, 34 (1) and 35 (1) are amended by striking
out "comptroller" wherever it appears and substituting "comptroller
or regional water manager" .
Section 38 is amended
(
a) by renumbering the
section as
section 38 (1),
(
b) in subsection (1) by adding "an engineer, an officer,"
after "regional water manager," , and
(
c) by adding the following subsection:
(2) The regional water manager may at any time on notice amend or revoke any order of the regional water manager, an engineer, an officer, the Water Board or the Board of Investigation.
Section 40 is amended by adding the following subsection:
(1.1) Despite subsection (1), a licensee may not appeal an order of the comptroller or a regional water manager to cancel in whole or in part a licence and all rights under it under
section 23 (2) (
c) or (d).
Section 41 (1) is amended by adding the following paragraph:
(t.2) willfully
(
i) submits a false or misleading record, report or form, or
(ii) records false or misleading information
required to be submitted or recorded under this Act or
the regulations; .
Section 43 is repealed.
Section 45 is amended by adding the following subsections:
(4.1) Despite subsection (4), the comptroller may establish the times of payment of fees, rentals and charges and make them subject to the imposition of interest at a prescribed rate and specified percentage additions on or from specified dates.
(4.2) The comptroller may, in writing, authorize any other official or class of officials employed by the government or a government corporation to exercise the functions, duties and powers of the comptroller in respect of
(
a) the determination, collection and receipt of fees, rentals and charges, and
(
b) the issuance of rental statements.
Section 46 (2) is amended by adding the following paragraphs:
(h.1) establishing requirements, procedures, standards or codes in respect of persons who undertake any works or changes in and about a stream;
(
s) the commencement, continuation or cessation of the diversion or use of water for livestock watering;
(
t) the duties and obligations of persons who divert or use water for livestock watering;
(
u) the manner in which water may be diverted or used for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;
(
v) the works that may be used to divert water for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;
(
w) the maximum quantity of water that may be diverted or used for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;
(
x) establishing conditions on the diversion or use of water for livestock watering;
(
y) prescribing resource management plans that designate an area of British Columbia and restrict the issuance of water licences within that area.
Section 56 is amended by adding the following subsections:
(5) If there is an error in the assessment roll, the comptroller may order its amendment.
(6) If the assessment roll is amended under subsection (5), the manager must
(
a) provide each affected member with a copy of the amended assessment roll or an amended assessment notice in accordance with subsection (3), and
(
b) send a copy of the amended assessment roll to the comptroller.
Part 4, as enacted by
section 97 of the Drinking Water Protection
Act, S.B.C. 2001, c. 9, is amended by adding the following section:
Implementing a plan: relationship with other planning processes
65.1
(1) In this section, "local authority"
has the same meaning as in the Drinking Water Protection Act .
(2) For the purposes of implementing a water management plan, the Lieutenant Governor in Council may, by regulation, do one or more of the following:
(
a) require that other specified Provincial government or local authority strategic or operational planning processes, or classes of such processes, consider the water management plan;
(
b) require that the results of specified Provincial government or local authority strategic or operational planning processes, or classes of such processes, be consistent with the water management plan;
(
c) provide that specified Provincial government or local authority strategic or operational plans, bylaws or other planning documents, or classes of such plans, bylaws or other documents, do not have legal effect to the extent of any inconsistency with the water management plan.
(3) If a regulation is made under both
section 35.1 (1) (
c) of the Drinking Water Protection Act [implementation of a drinking water protection plan] and subsection (2) (c)
(
a) the regulation concerning a drinking water protection plan takes priority over the regulation concerning a water management plan, and
(
b) both plans take priority over those documents described in
section 35.1 (1) (
c) of the Drinking Water Protection Act and subsection (2) (c).
Section 87 (2), as enacted by
section 99 of the Drinking Water
Protection Act, is amended by striking out "or an officer." and
substituting ", an officer, the Water Board or the Board of Investigation."
Section 92, as enacted by
section 99 of the Drinking Water
Protection Act, is amended by adding the following subsection:
(1.1) Despite subsection (1), a licensee may not appeal an order of the comptroller or a regional water manager to cancel in whole or in part a licence and all rights under it under
section 23 (2) (
c) or (d).
Section 100, as enacted by
section 99 of the Drinking Water
Protection Act, is amended by adding the following subsections:
(4.1) Despite subsection (4), the comptroller may establish the times of payment of fees, rentals and charges and make them subject to the imposition of interest at a prescribed rate and specified percentage additions on or from specified dates.
(4.2) The comptroller may, in writing, authorize any other official or class of officials employed by the government or a government corporation to exercise the functions, duties and powers of the comptroller in respect of
(
a) the determination, collection and receipt of fees, rentals and charges, and
(
b) the issuance of rental statements.
Section 101 (3), as enacted by
section 99 of the Drinking Water
Protection Act, is amended
(
a) by adding the following paragraph:
(f.01) establishing requirements, procedures, standards
or codes in respect of persons who undertake any works or changes in and about
a stream; , and
(
b) by adding the following paragraphs:
(
k) the commencement, continuation or cessation of the diversion or use of water for livestock watering;
(
l) the duties and obligations of persons who divert or use water for livestock watering;
(
m) the manner in which water may be diverted or used for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;
(
n) the works that may be used to divert water for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;
(
o) the maximum quantity of water that may be diverted or used for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;
(
p) establishing conditions on the diversion or use of water for livestock watering;
(
q) prescribing resource management plans that designate an area of British Columbia and restrict the issuance of water licences within that area.
Amendment to this Act
Section 52 of this Act is amended by striking out "620, 629
(5), 632 (5) and (6),".
Transitional – Assessment Act and related amendments
(1) In this section, "taxation year"
has the same meaning as in the Assessment Act .
(2) Sections 4 to 10, 12 to 20, 26, 27, 51, 52, 55, 56 and 58 to 60 apply in respect of the 2004 taxation year and subsequent taxation years.
(3) A reference in
an Act amended by this Act to a revised assessment roll means, in respect of the 2003 taxation year and preceding taxation years, an assessment roll authenticated under the Assessment Act as that Act read before the coming into force of the amendments to it by this Act.
Transitional – Water Act licences
(1) A valid and subsisting licence for a river
improvement purpose issued before the coming into force of this
section is deemed
to be a licence for an industrial purpose.
(2) A valid and subsisting licence for a hydraulicking purpose issued before the coming into force of this
section is deemed to be a licence for a mining purpose.
Confirmation and validation of B.C. Reg. 411/95
(1) The Standards for the Classification of
Land as a Farm Regulation, B.C. Reg. 411/95, is confirmed and validated, effective
September 29, 1995.
(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.
Commencement
(1) Sections 4 to 10, 12 to 20, 26, 27, 37,
48, 51, 52, 55, 56, 58, 59, 60, 61 (
a) as it repeals the definition of "river
improvement purpose", 63 as it enacts
section 12 (1.3) (
a) and (b), 65, 78,
82 (a), 83, 84 and 85 (1) come into force by regulation of the Lieutenant Governor
in Council.
(2) Sections 51 and 83 may be repealed by regulation of the Lieutenant Governor in Council.
(3) Section 86 is deemed to have come into force on September 29, 1995 and is retroactive to the extent necessary to give it effect on and after that date.
Explanatory Notes
Agricultural Land Commission Act
SECTION 1: [Agricultural Land Commission Act, repeals and replaces
section
20 (5) (b)]
authorizes the chief executive officer to order that an application under
section 20 (3) is required for soil removal or placement of fill without offering
corrects a reference.
SECTION 2: [Agricultural Land Commission Act, repeals and replaces
section
34 (1)] clarifies the intent of the provision.
SECTION 3: [Agricultural Land Commission Act, amends
section 56 (1)]
adds the powers under
section 51 to the powers that may be exercised under
section
Assessment Act
SECTION 4: [Assessment Act, amends
section 1 (1)] adds a definition
of "revised assessment roll" and consequentially amends the definition of "assessment
roll".
SECTION 5: [Assessment Act, amends
section 2 (b)] is consequential
to the addition of the definition of "revised assessment roll" and the repeal
section 42 (2) of the Act by this Bill.
SECTION 6: [Assessment Act, repeals and replaces
section 7 (2) (b)]
requires the assessor to provide a revised assessment roll.
SECTION 7: [Assessment Act, amends
section 10] allows the assessor
to correct errors and omissions in a completed assessment roll.
SECTION 8: [Assessment Act, amends
section 11] is consequential
to the amendments to
section 10 and 42 of the Act by this Bill.
SECTION 9: [Assessment Act, amends
section 12 (4)] removes an
unnecessary word.
SECTION 10: [Assessment Act, amends
section 13 (2) (b)] is consequential
to the amendment to
section 10 of the Act by this Bill.
SECTION 11: [Assessment Act, amends
section 23 (3)] authorizes
the Lieutenant Governor in Council to prescribe standards for classification
of land as a farm.
SECTION 12: [Assessment Act, amends
section 34] removes the requirement
that the assessor recommend to the review panel changes to the assessment roll
for errors or omissions that have been corrected.
SECTION 13: [Assessment Act, amends
section 35] provides that
the assessor does not need to set or deliver notice of a hearing for a resolved
complaint.
SECTION 14: [Assessment Act, amends
section 38] is consequential
to the repeal of
section 42 (2) of the Act by this Bill.
SECTION 15: [Assessment Act, amends
section 41] requires the
assessor to deliver notice of the assessment roll amendment made under
section
10 of the Act.
SECTION 16: [Assessment Act, repeals
section 42 (2)] removes
the requirement that the review panel confirm and authenticate the amended assessment
roll.
SECTION 17: [Assessment Act, amends
section 46 (4)] is consequential
to the repeal of
section 42 (2) of the Act by this Bill.
SECTION 18: [Assessment Act, amends
section 50 (1)] allows a
person to appeal to the property assessment appeal board an amendment made to
the assessment roll under
section 10 (2) of the Act.
SECTION 19: [Assessment Act, amends
section 63 (2)] is consequential
to the addition of the definition of "revised assessment roll" and the repeal
section 42 (2) of the Act by this Bill.
SECTION 20: [Assessment Act, amends
section 66 (1) (c)] is consequential
to the amendment to
section 10 of the Act by this Bill.
Assessment Authority Act
SECTION 21: [Assessment Authority Act, re-enacts
section 5] removes
the requirement that the authority obtain the prior approval of the minister
before acquiring, holding or disposing of property.
SECTION 22: [Assessment Authority Act, amends
section 16 (1)]
clarifies a ministerial reference.
SECTION 23: [Assessment Authority Act, amends
section 17 (5) and (7)]
updates ministerial references.
SECTION 24: [Assessment Authority Act, amends
section 20]
(
a) removes the requirement for a certified copy of the bylaw forwarded by the authority;
(
b) updates ministerial references;
(
c) updates a statutory reference.
SECTION 25: [Assessment Authority Act, repeals
section 21] removes
reporting requirements that are addressed by the Budget Transparency and
Accountability Act .
Community Charter
SECTIONS 26 AND 27: [Community Charter, amend sections 213 (3) and 221
(1)] are consequential to the amendments by this Bill to sections 1,
10 and 42 of the Assessment Act .
Land Act
SECTION 28: [Land Act, adds
section 10 (3)] allows the government
to refuse to receive an application for Crown land in specified circumstances.
SECTIONS 29 AND 30: [Land Act, amends sections 20 (1) and 21 (1)]
are consequential to the repeal of sections 70 and 71 of the Act by this Bill.
SECTION 31: [Land Act, amends
section 42] allows the minister
to specify the date of a disposition other than the date on which the instrument
creating the disposition is executed on behalf of the government.
SECTION 32: [Land Act, repeals sections 70 and 71] repeals obsolete
sections respecting lot size.
Land Title Act
SECTION 33: [Land Title Act, amends
section 1] adds a definition.
SECTION 34: [Land Title Act, amends sections 1, 67 (s), 83 (1) (
d) and 124 (2) and (3)]
updates ministerial references.
SECTION 35: [Land Title Act, amends sections 1, 6 (2), 9, 10 (2), 11
(3), 38 (3), 296, 298 to 305, 322, 323, 326 to 333, 338 to 351, 353 to 355,
358, 361 (1), 362, 367 (2) (g), 371 (4) (a), 373, 373.82 (4), 385 (5) and 386
(8)] amends ministerial references.
SECTION 36: [Land Title Act, amends
section 17] updates a ministerial
reference.
SECTION 37: [Land Title Act, repeals
section 67 (
d) to (r)] removes
requirements in respect of plans tendered for deposit.
SECTION 38: [Land Title Act, repeals and replaces
section 75 (1) (b)]
adds sufficiency and condition of highways on adjoining land as a requirement
of subdivision approval.
SECTION 39: [Land Title Act, amends sections 76 (3) and (5), 77.1 (2),
80 (b), 115 (1), (2) and (6), 133, 142 (1) and (2) and 373.52 (6)] amends
ministerial references.
SECTION 40: [Land Title Act, repeals and replaces
section 77.2 (1) (a)]
amends a ministerial reference.
SECTION 41: [Land Title Act, amends sections 82, 94, 95, 96, 108, 118,
136, 218 and 219] amends ministerial references.
SECTION 42: [Land Title Act, amends
section 86 (1) (c)] allows
an approving officer to refuse to approve a subdivision plan if the officer
considers that a highway on adjoining land is not sufficient.
SECTION 43: [Land Title Act, amends
section 108]
allows the minister, rather than the Lieutenant Governor in Council, to
order an exemption from the application of
section 108 (2) of the Act;
authorizes the minister to delegate specified powers and duties to the
Surveyor General.
SECTION 44: [Land Title Act, amends
section 125 (2)] amends deputy
ministerial references.
SECTION 45: [Land Title Act, amends sections 295, 296, 298, 302, 305,
306, 307 and 386] amends ministerial references.
SECTION 46: [Land Title Act, amends
section 296 (8)] changes
the limitation period to 3 years from the date the deprivation of land is discovered.
SECTION 47: [Land Title Act, amends
section 298 (2)] changes
the limitation period to 3 years from the date the loss or damages are discovered.
SECTION 48: [Land Title Act, amends the Schedule] increases
the fee to register an indefeasible title, a charge or a cancellation or discharge
of a registered charge
by $3.50 if the application is submitted electronically, and
by $5 if the application is submitted in another manner.
SECTION 49: [Supplement to the Land Title Act, amends
section 9 (a)]
clarifies that the paragraph is to be added to subsection 239 (1) of the Act.
SECTION 50: [Land Title Act, amends
section 373.1 of the Act as consolidated
section 11 of the Supplement] updates ministerial references.
Local Government Act
SECTIONS 51 AND 52: [Local Government Act, amend sections 339 (4), 620,
629 (5), 632 (5) and (6), 756.2 (3), 990 (1) and 1011 (5) (
b) and (6) (b)]
are consequential to the amendments by this Bill to sections 1, 10 and 42 of
the Assessment Act .
Oil and Gas Commission Act
SECTION 53: [Oil and Gas Commission Act, amends
section 1] is
consequential to the repeal of
section 42 (2) of the Land Act by this
Bill.
Sustainable Resource Management Statutes Amendment Act, 2002
SECTION 54: [Sustainable Resource Management Statutes Amendment Act,
2002, repeals
section 17] repeals a not in force provision that amends
sections 21 (1) and 22 of the Water Act .
Taxation (Rural Area) Act
SECTIONS 55 AND 56: [Taxation (Rural Area) Act, amend sections 15
(5) and 21 (5)] are consequential to the amendments by this Bill to sections
1, 10 and 42 of the Assessment Act .
University Endowment Land Act
SECTION 57: [University Endowment Land Act, amends
section 2 (1)] removes
the requirement that the Lieutenant Governor in Council give approval for the
minister performing an activity under paragraphs (
a) and (d).
Vancouver Charter
SECTIONS 58 TO 60: [Vancouver Charter, amend sections 240 (1) (b), 372,
396 (4) and 506 (1) and (2)] are consequential to the amendments by
this Bill to sections 1, 10 and 42 of the Assessment Act .
Water Act
SECTION 61: [Water Act, amends
section 1]
removes
definitions;
includes within the meaning of "mining purpose" matters previously addressed
in the definition of "hydraulicking purpose".
SECTION 62: [Water Act, amends
section 10] requires a person
who applies for a licence to comply with requirements under the regulations
and with directions of the comptroller or the regional water manager, and to
provide plans, specifications and other information, within the time specified
by the regulations or by the comptroller or the regional water manager.
SECTION 63: [Water Act, adds
section 12 (1.1) to (1.3)]
requires additional plans and security to be provided within a time specified
by the comptroller or the regional water manager;
permits the comptroller or regional water manager to refuse an application
if the applicant fails to comply with any requirements under
section 10 or
12, submits an incomplete application, or submits an application that does
not meet the requirements of a resource management plan.
SECTION 64: [Water Act, enacts
section 12.2] provides for the
term and renewal of a licence issued for a power purpose.
SECTION 65: [Water Act, amends
section 12.2 (10)] is consequential
to the amendments to the Water Act in this Bill and to the Drinking
Water Protection Act .
SECTION 66: [Water Act, amends
section 16 (1)] clarifies that
any rights and obligations under a licence, approval or permit also pass with
a conveyance or disposition of the land.
SECTION 67: [Water Act, repeals and replaces
section 21 (1)]
requires an applicant for a licence to exercise care and pay compensation for
damage if the applicant is working in and about a stream.
SECTION 68: [Water Act, re-enacts
section 22] requires an applicant
for a licence to keep prescribed records and produce the records when required.
SECTION 69: [Water Act, repeals
section 23 (9)] removes the requirement
that a person must deliver a cancelled licence to the comptroller or regional
water manager.
SECTION 70: [Water Act, amends sections 30 (1), 33, 34 (1) and 35 (1)]
provides the regional water manager with the same authority as the comptroller
to authorize a licensee to enter land, order the joint use of works, authorize
an extension of rights under a licence and appoint water bailiffs.
SECTION 71: [Water Act, amends
section 38] authorizes the regional
water manager to amend or revoke his or her own orders and orders of an engineer,
an officer, the Water Board or the Board of Investigation.
SECTION 72: [Water Act, adds
section 40 (1.1)] provides for no
appeal from an order of the comptroller or a regional water manager to cancel
a licence by a licensee who has failed to pay rentals or fees.
SECTION 73: [Water Act, amends
section 41 (1)] makes recording
false or misleading information or submitting false or misleading documents
an offence.
SECTION 74: [Water Act, repeals
section 43] removes the ability
of a holder of a licence for river improvement purposes to apply for a toll
to be paid by a person who floats timber in the stretch of river to which the
licence relates.
SECTION 75: [Water Act, adds
section 45 (4.1) and (4.2)] authorizes
the comptroller to establish the times of payment of fees, rentals and charges,
to make late payments subject to the imposition of interest and to authorize
other officials to exercise and perform certain powers, duties and functions.
SECTION 76: [Water Act, amends
section 46 (2)]
allows regulations respecting requirements and standards for works or changes
in and about a stream;
provides for regulations respecting livestock watering and resource management
plans.
SECTION 77: [Water Act, adds
section 56 (5) and (6)] authorizes
the comptroller to order that an assessment roll be amended to correct any error
and requires the manager to provide copies of the amended assessment roll to
the comptroller and each affected member.
SECTION 78: [Water Act, enacts
section 65.1] allows regulations
require that other planning processes either consider, or be consistent
with, a water management plan;
make the water management plan plan prevail over other planning processes
except a drinking water protection plan under the Drinking Water Protection
Act .
SECTION 79: [Water Act, amends
section 87 (2)] continues the
amendment to
section 38 when that
section is re-enacted as
section 87 by the
Drinking Water Protection Act .
SECTION 80: [Water Act, adds
section 92 (1.1)] continues the
amendment to
section 40 when that
section is re-enacted as
section 92 by the
Drinking Water Protection Act .
SECTION 81: [Water Act, adds
section 100 (4.1) and (4.2)] continues
the amendment to
section 45 when that
section is re-enacted as
section 100 by
the Drinking Water Protection Act .
SECTION 82: [Water Act, amends
section 101 (3)]
is consequential to the amendments to the Water Act in this Bill
and to the Drinking Water Protection Act ;
continues the amendment to
section 46 when that
section is re-enacted as
section 101 by the Drinking Water Protection Act .
SECTION 83: [Amendment to this Act, amends
section 52] is self
explanatory.
SECTION 84: [Transitional – Assessment Act and related amendments]
provides for the application of the amendments by this Bill to the 2004 taxation
year and subsequent taxation years and clarifies references to "revised assessment
roll" in respect of the 2003 taxation year and preceding taxation years.
SECTION 85: [Transitional – Water Act licences] continues licences
consequential to the amendments to
section 61 by this Bill.
SECTION 86: [Confirmation and validation of B.C. Reg. 411/95]
is self explanatory.
Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada