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2004 Legislative Session: 5th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE KEVIN FALCON

MINISTER OF TRANSPORTATION

BILL 46 – 2004

HIGHWAY (INDUSTRIAL) AMENDMENT ACT, 2004

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

1 The title of the Highway (Industrial) Act, R.S.B.C. 1996, c. 189, is repealed and the following substituted:

INDUSTRIAL ROADS ACT .

Section 1 is amended

(

a) by adding the following definition:

"highway" has the same meaning as in the Highway

Act ; ,

(

b) by repealing the

definitions of " company "

and " industrial road " and substituting the following:

"industrial road" means a road on Crown or private land used primarily for transportation by motor vehicle of

(

a) natural resources, whether raw, processed or manufactured, or

(

b) machinery, materials or personnel,

and includes all bridges, wharves, log dumps and works forming a part of the road, but does not include

(

c) a highway,

(

d) a forest service road as defined in the Forest Act ,

(

e) land designated as a development road under

section 8 (1) of the Petroleum and Natural Gas Act ,

(

f) a privately owned road used by a farmer or resident for the person's own purposes,

(

g) a road used exclusively for the construction and maintenance of electric power lines, telephone lines or pipe lines,

(

h) roads and yards within manufacturing plants, industrial sites, storage yards, airports and construction sites, or

(

i) tote roads, cat roads and access roads;

"industrial road administrator" means a person

who constructs, owns or operates an industrial road; ,

(

c) by repealing the

definitions of " minister "

and " ministry " ,

(

d) by repealing the definition of " motor vehicle "

and substituting the following:

"motor vehicle" means a vehicle that is

(

a) intended to be self propelled, and

(

b) designed primarily for travel on land on surfaces

other than rails; , and

(

e) by repealing the definition of " road " and

substituting the following:

"road" means a strip of ground, used for travel

by motor vehicles, that is not a highway; .

3 Sections 2 and 3 are repealed.

4 Sections 4, 6.1 (1), 9, 11 (1), 16 and 24 (2) are amended by striking

out " a company " wherever it appears and substituting " an

industrial road administrator ".

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

Approval by minister to cross highway

(1) In this section, "junction" means a place at which a highway and an industrial road connect or intersect.

(2) A person must not construct a junction without prior written authorization of the minister.

(3) The minister may

(

b) at any time, on an application or on the minister's own motion, amend or terminate that authorization.

(4) A person must not operate a motor vehicle on a junction unless the minister has authorized the construction of the junction.

6 Sections 6.1 (2), 16 (e), 17, 20, 21, 23 and 24 (2) are amended by

striking out " the company " wherever it appears and substituting

" the industrial road administrator ".

7 Sections 13 to 15 are repealed.

Section 16 is amended by striking out " the company's "

wherever it appears and substituting " the industrial road administrator's ".

Section 23 is amended by striking out " A company " and

substituting " An industrial road administrator ".

10 Sections 25 to 27 are repealed and the following substituted:

Drivers licensing and certification requirements

25 A person must not drive a motor vehicle on an industrial road unless that person holds any licence and certificate required for that purpose under this Act or the regulations.

11 Sections 28 and 29 are repealed and the following substituted:

Power to make regulations

28 The minister may make regulations referred to in

section 41 of the

Interpretation Act , including, without limitation, the following:

(

a) for the licensing, certification and examination of drivers and operators;

(

b) for the operation of an industrial road and for the safety of persons and the regulation of traffic on it, including anything that may be included in a regulation under

section 16 of this Act;

(

c) establishing specifications for the maintenance and repair of industrial roads and the improvements, bridges, structures and works on them;

(

d) establishing specifications for motor vehicles that operate on industrial roads;

(

e) establishing the equipment to be carried by motor vehicles that operate on industrial roads and the specifications for the equipment;

(

f) establishing specifications for the maintenance of motor vehicles that operate on industrial roads and of the equipment they are required to carry;

(

g) establishing the safety equipment, structures and procedures that must be provided or followed on industrial roads;

(

h) exempting classes of motor vehicles from one or more regulations.

Offences

(1) Without limiting

section 5 of the Offence Act as it applies for the purposes of this Act, a person who trespasses on an industrial road commits an offence.

(2) Subsection (1) does not apply to that part of an industrial road that is laid along, on or across a highway or that has been openly accepted for use by the public for a continuous period exceeding one year.

Consequential Amendments

Forest and Range Practices Act

Section 22.2 (1) of the Forest and Range Practices Act, S.B.C. 2002,

c. 69, is amended by striking out " Highway (Industrial) Act , "

and substituting " Industrial Roads Act , ".

Mining Right of Way Act

Section 1 of the Mining Right of Way Act, R.S.B.C. 1996, c. 294, is

amended in the definition of " road " by striking

out " Highway (Industrial) Act. " and substituting " Industrial

Roads Act. "

14 Sections 6 (1) and 7 (1) and (2) are amended by striking out " Highway

(Industrial) Act , " and substituting " Industrial

Roads Act , ".

Motor Vehicle Act

Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) by striking out everything after the end of paragraph (

b) in the

definition of " highway " and substituting the following:

(

c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,

but does not include an industrial road; , and

(

b) by repealing the definition of " industrial road "

and substituting the following:

"industrial road" means industrial road as defined

in the Industrial Roads Act , and includes a forest service road as defined

in the Forest Act and land designated as a development road under

section

8 (1) of the Petroleum and Natural Gas Act ; .

Occupiers Liability Act

Section 8 (2) (

e) of the Occupiers Liability Act, R.S.B.C. 1996, c.

337, is amended by striking out " Highway (Industrial) Act . "

and substituting " Industrial Roads Act . "

Commencement

17 This Act comes into force on the date of Royal

Assent.

Explanatory Notes

SECTION 1: [Vital Statistics Act,

section 1] adds

definitions of "midwife"

and "registration".

SECTION 2: [Vital Statistics Act,

section 2] adds a requirement for a midwife

who attends a birth to give notice of the birth.

SECTION 3: [Vital Statistics Act,

section 4] is consequential to the enactment

section 4.1 of the Act by this Bill.

SECTION 4: [Vital Statistics Act,

section 4.1]

permits the court to make an order respecting a change to a child's name

when declaring a child's parentage;

requires the chief executive officer, on receiving a court order, to record

a change in the child's name and to issue birth certificates with the changed

name.

SECTION 5: [Vital Statistics Act,

section 8] is consequential to the enactment

section 40.1 of the Act by this Bill.

SECTION 6: [Vital Statistics Act,

section 10] is consequential to the enactment

section 4.1 of the Act by this Bill.

SECTION 7: [Vital Statistics Act,

section 11] expands the class of persons

who may provide a statement respecting a stillbirth.

SECTION 8: [Vital Statistics Act,

section 18] adds a requirement to deliver

a copy of the report resulting from an autopsy, inquiry or inquest to the chief

executive officer.

SECTION 9: [Vital Statistics Act,

section 28] is consequential to the enactment

section 40.1 of the Act by this Bill.

SECTION 10: [Vital Statistics Act,

section 30]

adds a right of appeal from a decision of the chief executive officer to

accept an application to register a birth, stillbirth, marriage or death;

is consequential to the enactment of

section 40.1 of the Act by this Bill.

SECTION 11: [Vital Statistics Act,

section 36]

removes the eligibility of spouses and agents to obtain a birth certificate

without written authorization from the person who is the subject of that certificate;

removes the authority of the deputy minister to determine other persons

who may obtain a birth certificate and gives that authority to the chief executive

officer;

updates language respecting the copying of documents;

expands the list of persons who can obtain a copy of a birth certificate.

SECTION 12: [Vital Statistics Act,

section 37]

removes the eligibility of spouses and agents to obtain a marriage certificate

without written authorization from the person who is the subject of that certificate;

removes the authority of the deputy minister to determine other persons

who may obtain a marriage certificate and gives that authority to the chief

executive officer;

updates language respecting the copying of documents;

expands the list of persons who can obtain a copy of a marriage certificate.

SECTION 13: [Vital Statistics Act,

section 38]

removes the authority of the deputy minister to determine other persons

who may obtain a death certificate and gives that authority to the chief executive

officer;

updates language respecting the copying of documents;

expands the list of persons who can obtain a copy of a death certificate;

replaces a reference to the chief executive officer with a reference to

the vital statistics registrar, consistent with current practice.

SECTION 14: [Vital Statistics Act, sections 38, 39 and 40] updates language

respecting the copying of documents.

SECTION 15: [Vital Statistics Act,

section 39] is consequential to the amendments

to sections 36, 37 and 38 of the Act by this Bill.

SECTION 16: [Vital Statistics Act,

section 40] clarifies that this subsection

applies only to certificates that have not been cancelled.

SECTION 17: [Vital Statistics Act,

section 40.1]

sets out the circumstances in which the chief executive officer may order

the cancellation of a birth, marriage or death certificate, or a copy of a

birth, marriage or death registration;

permits the chief executive officer to order the return of cancelled certificates

and copies of registrations.

SECTION 18: [Vital Statistics Act,

section 41]

updates language respecting the copying of documents;

clarifies that cancelled certificates, or copies of cancelled registrations,

are admissible in court only for limited purposes.

SECTION 19: [Vital Statistics Act, sections 43 and 44] removes a reference

to dissolutions or annulments of marriage.

SECTION 20: [Vital Statistics Act,

section 49] sets a maximum fine of $50 000.

SECTION 21: [Vital Statistics Act,

section 54] adds a regulation making authority

regarding uses of a birth, marriage or death certificate.

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© 2004: Queen's Printer, Victoria, British Columbia, Canada