2019 Legislative Session: 4th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DAVID R. P. EBY

ATTORNEY GENERAL

BILL 29 – 2019

MISCELLANEOUS STATUTES AMENDMENT ACT, 2019

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

Part 1 – Advanced Education, Skills and

Training Amendments

Transitional Provision

SECTION 1: [Transition – World Trade University Canada] applies specific sections of the Business Corporations Act to the World Trade University Canada despite the repeal of the World Trade University Canada Establishment Act by this Bill.

Transition – World Trade University Canada

1 Despite the repeal of the World Trade University Canada Establishment Act , the following sections of the Business Corporations Act apply to the World Trade University Canada as if the World Trade University Canada had been incorporated under the Business Corporations Act and dissolved under that Act on the date of the repeal of the World Trade University Canada Establishment Act :

(a)

section 344 (2) [effect of dissolution] ;

(

b) section 346 [dissolved companies deemed to continue for litigation purposes] ;

(

c) section 347 [liabilities survive] ;

(

d) section 349 [dissolved company's assets available to judgment creditors] ;

(

e) section 351 [custody of records] ;

(

f) section 352 [entitlement to inspect records of dissolved companies] ;

(

g) section 353 [remedies on denial of access to or copies of records of dissolved companies] .

Repeals

SECTION 2: [Christ College of Canada Society Act, repeal] is self-explanatory.

2 The Christ College of Canada Society Act, S.B.C. 2006, c. 20, is repealed.

SECTION 3: [World Trade University Canada Establishment Act, repeal] is self-explanatory.

3 The World Trade University Canada Establishment Act, S.B.C. 2005, c. 42, is repealed.

Consequential Amendments

Advanced Education Statutes Amendment Act, 2011

SECTION 4: [Advanced Education Statutes Amendment Act, 2011, sections 15 and 53] is consequential to the repeal of the Christ College of Canada Society Act and World Trade University Canada Establishment Act by this Bill.

4 Sections 15 and 53 of the Advanced Education Statutes Amendment Act, 2011, S.B.C. 2012, c. 7, are repealed.

School Act

SECTIONS 5 AND 6: [School Act, sections 168 and 170.3] remove references to the Christ College of Canada Society Act and World Trade University Canada Establishment Act .

Section 168 (7) of the School Act, R.S.B.C. 1996, c. 412, as enacted by

section 88 of the Private Training Act, S.B.C. 2015, c. 5, is amended by repealing paragraph (a) (iii) and (xvi).

Section 170.3, as enacted by

section 89 of the Private Training Act, is amended by repealing subsections (4) (

c) and (

r) and (5) (

c) and (r).

Part 2 – Environment and Climate Change

Strategy Amendments

Integrated Pest Management Act

SECTION 7: [Integrated Pest Management Act,

section 11]

authorizes inspectors to require the provision of information related to intended pesticide use;

requires persons who provide information to inspectors to provide any changes to the information.

Section 11 (3) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is repealed and the following substituted:

(3) On the request of an inspector for the purpose of auditing compliance with this Act and the regulations, any person who is subject to a requirement under this Act must provide to the inspector the following:

(

a) a copy of a pest management plan or any other record or information required to be kept under this Act;

(

b) any other information about the person's intended use of a pesticide, including

(

i) the date, time and location of the intended use,

(ii) the type and amount of pesticide intended to be used, and

(iii) the manner in which the pesticide is intended to be used.

(4) If anything referred to in subsection (3) changes after it has been provided to an inspector, the person referred to in that subsection must provide to the inspector the following, as applicable, unless the inspector states otherwise:

(

a) an updated copy of the pest management plan, record or information referred to in subsection (3) (a);

(

b) any changes to information referred to in subsection (3) (b).

(5) A person who is required to provide anything under subsection (3) or (4) must do so without charge or unreasonable delay.

SECTION 8: [Integrated Pest Management Act,

section 23] changes terminology for consistency with other provisions in the Act.

Section 23 is amended

(

a) in subsection (6) by striking out " notice " and substituting " determination ", and

(

b) in subsection (8) by striking out " issues an administrative penalty notice to a person " and substituting " makes a determination requiring a person to pay an administrative penalty ".

SECTION 9: [Integrated Pest Management Act,

section 26] removes the requirement that intention be proven in a prosecution for certain offences.

Section 26 (1) (b), (

c) and (

e) is amended by striking out " intentionally ".

SECTION 10: [Integrated Pest Management Act,

section 37] changes terminology for consistency with other provisions in the Act.

Section 37 (2) (

a) is amended

(

a) in subparagraph (i) (

A) and (

B) by striking out " an administrative penalty notice " and substituting " a notice of intent to make a determination ",

(

b) in subparagraphs (i) (

C) and (

v) by striking out " a notice of an administrative penalty " and substituting " a notice of intent to make a determination ", and

(

c) in subparagraph (

x) by striking out " an officer's " and substituting " the administrator's ".

SECTION 11: [Integrated Pest Management Act,

section 38]

clarifies the authority to make regulations requiring persons to prepare or keep records or information respecting intended pest management activities;

changes terminology for consistency with other provisions in the Act.

Section 38 (2) (

m) is repealed and the following substituted:

(

m) prescribing requirements for records or information to be prepared or kept by a person or class of persons who use, store, transport, sell or dispose of a pesticide, including records or information respecting intended pest management activities; .

SECTION 12: [Integrated Pest Management Act,

section 39] changes terminology for consistency with other provisions in the Act.

Section 39 (h) (i), (j) (iii) and (l) (

i) is amended by striking out " must be maintained " and substituting " must be kept ".

Part 3 – Finance Amendments

Finance Statutes Amendment Act, 2010

SECTION 13: [Finance Statutes Amendment Act, 2010,

section 45] amends transitional provision to clarify the transitional rules.

Section 45 of the Finance Statutes Amendment Act, 2010, S.B.C. 2010, c. 4, is amended by repealing

section 7.4 (2) of the Personal Property Security Act, R.S.B.C. 1996, c. 359, as enacted by that

section 45, and substituting the following:

(2) A prior security interest that is a perfected security interest under prior law immediately before the effective date, but is not a perfected security interest under the applicable law as determined by this Act on or after the effective date, continues perfected until the beginning of the earlier of the following dates:

(

a) the date perfection ceases under prior law;

(

b) the date that is the 5th anniversary of the effective date.

SECTION 14: [Finance Statutes Amendment Act, 2010,

section 45] amends the provision to ensure consistent use of the word "date".

Section 45, as it enacts

section 7.4 (3) of the Personal Property Security Act, is amended by striking out " days " and substituting " dates " and by striking out " day " and substituting " date ".

SECTION 15: [Finance Statutes Amendment Act, 2010,

section 45] amends transitional provision to clarify the transitional rules.

Section 45 is amended by repealing

section 7.6 (5) of the Personal Property Security Act, as enacted by that

section 45, and substituting the following:

(5) A prior security interest that is perfected by registration and that is a perfected security interest under prior law immediately before the effective date, but is not a perfected security interest under the applicable law as determined by this Act on or after the effective date, continues perfected until the beginning of the earlier of the following dates:

(

a) the date perfection ceases under prior law;

(

b) the date that is the 5th anniversary of the effective date.

SECTION 16: [Finance Statutes Amendment Act, 2010,

section 45] amends the provision to ensure consistent use of the word "date".

Section 45, as it enacts

section 7.6 (6) of the Personal Property Security Act, is amended by striking out " days " and substituting " dates " and by striking out " day " and substituting " date ".

SECTION 17: [Finance Statutes Amendment Act, 2010,

section 68] changes the commencement of sections 43 to 47 of the Act.

Section 68 is amended in the table by repealing item 21 and substituting the following:

Item

Column 1

Provisions of Act

Column 2

Commencement

Sections 39 to 42

By regulation of the Lieutenant Governor in Council

21.1

Sections 43 to 47

June 1, 2019

21.2

Sections 48 to 55

By regulation of the Lieutenant Governor in Council

Personal Property Security Act

SECTION 18: [Personal Property Security Act,

section 1] amends the definition of "licence" to clarify that licences that are transferred by reissuing the licence to a different licensee are included in the definition.

Section 1 (1) of the Personal Property Security Act, R.S.B.C. 1996, c. 359, is amended by repealing the definition of "licence" and substituting the following:

"licence" means a right, whether or not exclusive,

(

a) to manufacture, produce, sell, transport, grow, harvest or otherwise deal with personal property,

(

b) to provide services,

(

c) to acquire personal property,

(

d) to harvest timber, or grow and harvest Christmas trees, under an agreement referred to in

section 12 of the Forest Act , or

(

e) to harvest timber under a pulpwood agreement as defined in

section 1 of the Forest Act ,

that is transferrable by the licensee with or without restriction or the consent of the licensor, and includes a licence that is subject to cancellation and reissuance by the licensor to another party at the request of either the licensee or the secured party; .

SECTION 19: [Personal Property Security Act, sections 5 and 6] amends the provisions to include another type of rule concerning priority.

19 Sections 5 (1) and 6 (1) are amended by striking out " validity, perfection and effect of perfection or non-perfection " and substituting " validity, the perfection, the effect of perfection or non-perfection and the priority ".

SECTIONS 20 AND 21: [Personal Property Security Act, sections 7 and 7.1] amend the provisions to include another type of rule concerning priority.

Section 7 is amended

(

a) in subsections (2), (6) and (7) by striking out " validity, perfection and effect of perfection or non-perfection " and substituting " validity, the perfection, the effect of perfection or non-perfection and the priority ", and

(

b) in subsection (8) by striking out " validity, perfection and effect of perfection and non-perfection " and substituting " validity, the perfection, the effect of perfection or non-perfection and the priority ".

Section 7.1 (2) is amended by striking out " the perfection, effect of perfection or non-perfection and priority " and substituting " the perfection, the effect of perfection or non-perfection and the priority ".

SECTION 22: [Personal Property Security Act,

section 30]

increases the amount of the value of certain goods that a buyer or lessee may take possession of, free of a security interest, if the buyer or lessee purchases the goods without knowledge of the security interest;

amends the provision to allow for an amount to be prescribed by regulation.

Section 30 (4) is amended

(

a) in paragraph (

a) by striking out " or ", and

(

b) by repealing paragraph (

b) and substituting the following:

(

b) goods the purchase price of which exceeds the greater of $1 500 and a prescribed amount, or

(

c) a lease of goods the market value of which exceeds the greater of $1 500 and a prescribed amount.

SECTION 23: [Personal Property Security Act,

section 43] amends the provision to indicate that the applicable fees are set out in the Schedule.

Section 43 (3) is amended by striking out " any prescribed fees " and substituting " any fees, as set out in the Schedule, ".

SECTION 24: [Personal Property Security Act,

section 50] removes certain rules pertaining to registrations of a security interest created under a trust indenture so that trust indenture registrations may be discharged from the register in the same way as other registrations.

Section 50 (9) and (10) is repealed.

SECTION 25: [Personal Property Security Act,

section 52] amends the provision consequential to the amendment made by this Bill to

section 43 of the Act.

Section 52 (2) (

a) is amended by striking out " did not pay the fee if it was prescribed under

section 43 (3), " and substituting " did not pay the fee or make arrangements referred to in

section 43 (3), ".

SECTION 26: [Personal Property Security Act,

section 59] amends the provision so that the notice requirement applies to all parties.

Section 59 (6) (

b) is amended by striking out " whose interest is subordinate to that of the secured party ".

SECTION 27: [Personal Property Security Act,

section 76.1] allows for the payment of a fee or making of an arrangement with the registrar under

section 43 (3) to operate as the condition precedent for the registrar to register a financing statement or issue a search result.

Section 76.1 is amended

(

a) by renumbering the

section as

section 76.1 (1), and

(

b) by adding the following subsection:

(2) Despite subsection (1), for the purposes of

section 43 (3), payment of the specified fee or making an arrangement with the registrar under that

section is a condition precedent to the registrar registering a financing statement or issuing a search result under

Part 4.

Part 4 – Public Safety and Solicitor General Amendments

Motor Vehicle Act

SECTION 28: [Motor Vehicle Act,

section 94.6] clarifies that, after considering an application for review under

section 94.4 of the Act, the superintendent must be satisfied that the person operated a motor vehicle.

Section 94.6 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) in subsection (1) by adding " the person operated a motor vehicle and is satisfied that " after " is satisfied that ",

(

b) in subsections (1) (

a) and (

b) and (2) (a) (

i) and (b) (

i) by striking out " a motor vehicle " and substituting " the motor vehicle ", and

(

c) in subsection (2) by adding " the person did not operate a motor vehicle or is satisfied that " after " is satisfied that ".

SECTION 29: [Motor Vehicle Act,

section 95] clarifies a reference.

Section 95 (4) (

c) is amended by striking out " 94.3 (c) " and substituting " 94.3 (a) (iii) ".

Motor Vehicle Amendment Act, 2018

SECTION 30: [Motor Vehicle Amendment Act, 2018,

section 5] strikes out inoperative amending text.

Section 5 (

d) of the Motor Vehicle Amendment Act, S.B.C. 2018, c. 18, is amended by striking out "by striking out " or " at the end of paragraph (

a) and".

SECTION 31: [Motor Vehicle Amendment Act, 2018,

section 13] is consequential to the amendments made by this Bill to

section 94.6 of the Motor Vehicle Act .

Section 13 (a), as it enacts

section 94.6 (1) (a.1) and (a.2) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out " a motor vehicle " and substituting " the motor vehicle ".

SECTION 32: [Motor Vehicle Amendment Act, 2018,

section 13] strikes out inoperative amending text.

Section 13 (

e) is amended by striking out "by striking out " or " at the end of paragraph (

a) and".

SECTION 33: [Motor Vehicle Amendment Act, 2018,

section 13] is consequential to the amendments made by this Bill to

section 94.6 of the Motor Vehicle Act .

Section 13 (e), as it enacts

section 94.6 (2) (a.1) (

i) and (a.2) (

i) of the Motor Vehicle Act, is amended by striking out " a motor vehicle " and substituting " the motor vehicle ".

SECTION 34: [Motor Vehicle Amendment Act, 2018,

section 13] clarifies that, for the purposes of the grounds of review specified in the section, the relevant time is the time that the evaluation of the person was conducted.

Section 13 (e), as it enacts

section 94.6 (2) (a.3) (iv) (

A) of the Motor Vehicle Act, is amended by adding " at the time the evaluation of the person was conducted " after " and a drug ".

SECTION 35: [Motor Vehicle Amendment Act, 2018,

section 16] adds a reference.

Section 16 (b), as it enacts

section 210 (3.1) (

s) of the Motor Vehicle Act, is amended by adding " and (ii) (C) " after " (2) (a.2) (i) ".

Commencement

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

Explanatory Notes

SECTION 1: [Transition – World Trade University Canada] applies specific sections of the Business Corporations Act to the World Trade University Canada despite the repeal of the World Trade University Canada Establishment Act by this Bill.

SECTION 2: [Christ College of Canada Society Act, repeal] is self-explanatory.

SECTION 3: [World Trade University Canada Establishment Act, repeal] is self-explanatory.

SECTION 4: [Advanced Education Statutes Amendment Act, 2011, sections 15 and 53] is consequential to the repeal of the Christ College of Canada Society Act and World Trade University Canada Establishment Act by this Bill.

SECTIONS 5 AND 6: [School Act, sections 168 and 170.3] remove references to the Christ College of Canada Society Act and World Trade University Canada Establishment Act .

SECTION 7: [Integrated Pest Management Act,

section 11]

authorizes inspectors to require the provision of information related to intended pesticide use;

requires persons who provide information to inspectors to provide any changes to the information.

SECTION 8: [Integrated Pest Management Act,

section 23] changes terminology for consistency with other provisions in the Act.

SECTION 9: [Integrated Pest Management Act,

section 26] removes the requirement that intention be proven in a prosecution for certain offences.

SECTION 10: [Integrated Pest Management Act,

section 37] changes terminology for consistency with other provisions in the Act.

SECTION 11: [Integrated Pest Management Act,

section 38]

clarifies the authority to make regulations requiring persons to prepare or keep records or information respecting intended pest management activities;

changes terminology for consistency with other provisions in the Act.

SECTION 12: [Integrated Pest Management Act,

section 39] changes terminology for consistency with other provisions in the Act.

SECTION 13: [Finance Statutes Amendment Act, 2010,

section 45] amends transitional provision to clarify the transitional rules.

SECTION 14: [Finance Statutes Amendment Act, 2010,

section 45] amends the provision to ensure consistent use of the word "date".

SECTION 15: [Finance Statutes Amendment Act, 2010,

section 45] amends transitional provision to clarify the transitional rules.

SECTION 16: [Finance Statutes Amendment Act, 2010,

section 45] amends the provision to ensure consistent use of the word "date".

SECTION 17: [Finance Statutes Amendment Act, 2010,

section 68] changes the commencement of sections 43 to 47 of the Act.

SECTION 18: [Personal Property Security Act,

section 1] amends the definition of "licence" to clarify that licences that are transferred by reissuing the licence to a different licensee are included in the definition.

SECTION 19: [Personal Property Security Act, sections 5 and 6] amends the provisions to include another type of rule concerning priority.

SECTIONS 20 AND 21: [Personal Property Security Act, sections 7 and 7.1] amend the provisions to include another type of rule concerning priority.

SECTION 22: [Personal Property Security Act,

section 30]

increases the amount of the value of certain goods that a buyer or lessee may take possession of, free of a security interest, if the buyer or lessee purchases the goods without knowledge of the security interest;

amends the provision to allow for an amount to be prescribed by regulation.

SECTION 23: [Personal Property Security Act,

section 43] amends the provision to indicate that the applicable fees are set out in the Schedule.

SECTION 24: [Personal Property Security Act,

section 50] removes certain rules pertaining to registrations of a security interest created under a trust indenture so that trust indenture registrations may be discharged from the register in the same way as other registrations.

SECTION 25: [Personal Property Security Act,

section 52] amends the provision consequential to the amendment made by this Bill to

section 43 of the Act.

SECTION 26: [Personal Property Security Act,

section 59] amends the provision so that the notice requirement applies to all parties.

SECTION 27: [Personal Property Security Act,

section 76.1] allows for the payment of a fee or making of an arrangement with the registrar under

section 43 (3) to operate as the condition precedent for the registrar to register a financing statement or issue a search result.

SECTION 28: [Motor Vehicle Act,

section 94.6] clarifies that, after considering an application for review under

section 94.4 of the Act, the superintendent must be satisfied that the person operated a motor vehicle.

SECTION 29: [Motor Vehicle Act,

section 95] clarifies a reference.

SECTION 30: [Motor Vehicle Amendment Act, 2018,

section 5] strikes out inoperative amending text.

SECTION 31: [Motor Vehicle Amendment Act, 2018,

section 13] is consequential to the amendments made by this Bill to

section 94.6 of the Motor Vehicle Act .

SECTION 32: [Motor Vehicle Amendment Act, 2018,

section 13] strikes out inoperative amending text.

SECTION 33: [Motor Vehicle Amendment Act, 2018,

section 13] is consequential to the amendments made by this Bill to

section 94.6 of the Motor Vehicle Act .

SECTION 34: [Motor Vehicle Amendment Act, 2018,

section 13] clarifies that, for the purposes of the grounds of review specified in the section, the relevant time is the time that the evaluation of the person was conducted.

SECTION 35: [Motor Vehicle Amendment Act, 2018,

section 16] adds a reference.

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