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2015 Legislative Session: 4th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE RICH COLEMAN

MINISTER OF NATURAL GAS DEVELOPMENT

AND MINISTER RESPONSIBLE FOR HOUSING

AND DEPUTY PREMIER

BILL 12 – 2015

FEDERAL PORT DEVELOPMENT ACT

Contents

Definitions

Authority to enter into agreement

Implementation of agreement

Commencement

This Bill provides authority to the Lieutenant Governor in Council to authorize a member of the Executive Council to enter into an agreement contemplated by

section 64.6 of the Canada Marine Act , and, if an agreement under that

section provides for the enforcement by British Columbia of enactments of British Columbia that are incorporated by reference as federal enactments by a regulation under

section 64.1 of the Canada Marine Act , this Bill provides authority to British Columbia's public officials and statutory bodies to exercise their statutory powers and perform their statutory duties under those enactments as federal enactments.

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

Definitions

1 In this Act:

"agreement" means an agreement, referred to in

section 64.6 of the Canada Marine Act , among Canada and the government, or agents of either, in respect of an undertaking situated in a port in British Columbia;

"federal regulation" means a regulation under

section 64.1 of the Canada Marine Act that applies in relation to an undertaking situated in a port in British Columbia;

"port" has the same meaning as in the Canada Marine Act ;

"provincial body" means a corporation or other entity that

(

a) is established or continued under an enactment, and

(

b) has powers or duties under an enactment;

"provincial official" means a person who

(

a) is a member of the Executive Council, an employee of the government or a person appointed to or employed by a provincial body, and

(

b) has powers or duties under an enactment;

"undertaking" means an undertaking, or an undertaking in a class, designated for the purposes of

section 64.1 (2) (

a) of the Canada Marine Act .

Authority to enter into agreement

2 With the prior approval of the Lieutenant Governor in Council, a member of the Executive Council may enter into an agreement on behalf of the government.

Implementation of agreement

3 A provincial official or provincial body has authority to exercise a power or perform a duty under a federal regulation if

(

a) the federal regulation incorporates by reference the enactment of British Columbia under which the power is granted or the duty is imposed on the provincial official or provincial body, and

(

b) the government has entered into an agreement providing for the administration and enforcement of the federal regulation by the provincial official or provincial body.

Commencement

4 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

This Bill provides authority to the Lieutenant Governor in Council to authorize a member of the Executive Council to enter into an agreement contemplated by

section 64.6 of the Canada Marine Act , and, if an agreement under that

section provides for the enforcement by British Columbia of enactments of British Columbia that are incorporated by reference as federal enactments by a regulation under

section 64.1 of the Canada Marine Act , this Bill provides authority to British Columbia's public officials and statutory bodies to exercise their statutory powers and perform their statutory duties under those enactments as federal enactments.

Copyright (

c) Queen’s Printer, Victoria, British Columbia, Canada