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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GARY COLLINS

MINISTER OF FINANCE

BILL 87 – 2003

UNCLAIMED PROPERTY AMENDMENT ACT (No. 2), 2003

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

Section 1 of the Unclaimed Property Act, S.B.C. 1999, c. 48,

is amended

(

a) in the definition of "holder" by adding ",

a court" after "the government" ,

(

b) by adding the following definition:

"unclaimed court funds" has the meaning prescribed

in the regulations; , and

(

c) in the definition of "unclaimed money deposit" by

striking out "section 2," and substituting "section 2

or 18.2," .

Section 3 is repealed and the following substituted:

Duty of administrator to make reasonable efforts to locate and notify

3 If the amount of an unclaimed money deposit meets or exceeds the amount prescribed for the purposes of this section, the administrator must make reasonable efforts to do the following:

(

a) if the unclaimed money deposit is unclaimed court funds that had been held by the court in relation to a proceeding and if there has been no determination in that proceeding as to who is entitled to those funds, locate each of the parties to the proceeding who might have a claim to some or all of the funds and notify those parties about the funds;

(

b) in any other case, locate the owner and to notify the owner about the money.

Section 4.2 is amended

(

a) in subsection (3) by striking out "The administrator"

and substituting "Subject to subsection (4), the administrator" ,

and

(

b) by adding the following subsection:

(4) If a claim made under this

section relates to unclaimed court funds that had been held by the court in relation to a proceeding, the administrator must

(

a) allow the claim if and to the extent that there has been a determination in the proceeding that the claimant is the owner of those funds, or

(

b) in any other case, direct the claimant to the court to obtain such a determination.

Section 7.2 is amended by striking out ", at the prescribed

place" .

Section 17 is amended

(

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

(

q) respecting the rights and duties of the administrator

in relation to unclaimed court funds. , and

(

b) by adding the following subsections:

(4) The Lieutenant Governor in Council must not make a regulation to prescribe a meaning for "unclaimed court funds", or make a regulation under subsection (2) (

q) of this section, unless the Lieutenant Governor in Council has received the recommendation of the Attorney General after the Attorney General has consulted with the following:

(

a) the Chief Justice of British Columbia, in relation to regulations affecting the Court of Appeal;

(

b) the Chief Justice of the Supreme Court, in relation to regulations affecting the Supreme Court;

(

c) the Chief Judge of the Provincial Court, in relation to regulations affecting the Provincial Court.

(5) A regulation referred to in subsection (4) may provide differently for the Court of Appeal, the Supreme Court and the Provincial Court.

6 The following sections are added:

Court search and copy fees

18.1

(1) Despite the Supreme Court Rules and despite any other enactment, the administrator may search any file in a court registry that may be searched by the general public, and may take from such a file copies of any records of which the general public may take copies, without payment of any fee other than the applicable fee, if any, prescribed under subsection (2).

(2) The Lieutenant Governor in Council may prescribe fees payable by the administrator for

(

a) any search by the administrator of any court file the administrator is entitled to search under subsection (1), and

(

b) any copies taken by the administrator of records contained in a court file referred to in paragraph (a).

Unclaimed court funds

18.2

(1) Despite the Supreme Court Rules and despite any other enactment, if money paid into, or deposited in, court becomes unclaimed court funds, any of the following persons may authorize the Minister of Finance or any person designated by that minister to pay the unclaimed court funds to the administrator:

(

a) a justice, judge or registrar of the court;

(

b) in the case of the Supreme Court, a master.

(2) After receipt of an authorization referred to in subsection (1), the Minister of Finance or the person designated by that minister may pay to the administrator the unclaimed court funds in respect of which the authorization was provided.

(3) Despite Rule 58 of the Supreme Court Rules and despite any other enactment, unclaimed court funds paid to the administrator under this

section are deemed to be an unclaimed money deposit under this Act and are not trust funds.

(4) Despite any other provision of this Act, the administrator must comply with all court orders and regulations relating to unclaimed court funds paid to the administrator under this section.

Explanatory Notes

SECTION 1: [Unclaimed Property Act, amends

section 1] clarifies

that "holder" does not include a court, adds a definition of "unclaimed court

funds" and includes unclaimed court funds within the meaning of "unclaimed money

deposit".

SECTION 2: [Unclaimed Property Act, re-enacts

section 3] requires

the administrator to make reasonable efforts to find every potential claimant

to unclaimed court funds, paid to the administrator, that meet or exceed a prescribed

amount.

SECTION 3: [Unclaimed Property Act, amends

section 4.2] provides

that the administrator may pay unclaimed court funds to a claimant only if the

claimant has been determined, by the court, to be entitled to those funds, but

provides that in any other case the administrator must refer the claimant to

the court for a determination of entitlement.

SECTION 4: [Unclaimed Property Act, amends

section 7.2] removes

the requirement for the administrator to hold records at a place prescribed

by the Lieutenant Governor in Council.

SECTION 5: [Unclaimed Property Act, amends

section 17]

allows the Lieutenant Governor in Council to make regulations respecting the administrator's use of unclaimed court funds;

requires the Lieutenant Governor in Council to await consultation with the judiciary and the recommendation of the Attorney General before making regulations defining unclaimed court funds or respecting the rights and duties of the administrator in relation to those funds;

allows different regulations in relation to those matters to be made for different courts.

SECTION 6: [Unclaimed Property Act, adds sections 18.1 and 18.2]

allows the administrator to search court files for a fee prescribed by the Lieutenant Governor in Council rather than for the fee set out in the applicable court rules;

allows a judicial officer to authorize payment out of unclaimed court funds to the administrator;

provides that unclaimed court funds paid out of court to the administrator cease to be trust funds;

provides that the administrator is subject to all applicable regulations and court orders in relation to the unclaimed court funds.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada