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2000 Legislative Session: 4th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GRAEME BOWBRICK

MINISTER OF ADVANCED EDUCATION,

TRAINING AND TECHNOLOGY AND

MINISTER RESPONSIBLE FOR YOUTH

BILL 23 – 2000

BRITISH COLUMBIA TRANSIT AMENDMENT ACT, 2000

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

Section 1 (1) of the British Columbia Transit Act, R.S.B.C. 1996, c. 38, is amended by adding the following

definitions:

"ancillary Rapid Transit Project works" means any works or undertakings ancillary to the whole or any part of the rail transportation system that, in the Greater Vancouver Transportation Authority Act, is defined as the Rapid Transit Project, and, without limiting this, includes

(

a) links to private or public transportation services, including stops, stands, lanes, loops and parking for buses and taxis,

(

b) parking facilities,

(

c) areas in stations for the provision of services and amenities to passengers,

(

d) employee facilities,

(

e) walkways, overpasses and other means of ingress to and egress from the stations and vehicles,

(

f) undertakings for the relocation, enhancement and upgrading of utility services and related poles, wires, pipes and apparatus,

(

g) adjacent roadway enhancements, and

(

h) facilities for storage, maintenance and repair of vehicles, parts, signage and related items;

"Rapid Transit Project" has the same meaning as in the Greater Vancouver Transportation Authority Act, and, without limiting this, includes ancillary Rapid Transit Project works; .

Section 8 (9) is repealed and the following substituted:

(9) Despite any provision of this Act or any other enactment, the authority may do any or all of the following:

(

a) own, acquire and dispose of property that is located in, or is being employed in, the transportation service region as defined in the Greater Vancouver Transportation Authority Act;

(

b) exercise all of its rights, powers and privileges within that transportation service region for any or all of the following purposes:

(

i) the planning, acquisition and construction of the Rapid Transit Project;

(ii) the acquisition of rights and property for any of the purposes referred to in subparagraph (

i) of this paragraph and for the maintenance or operation of the Rapid Transit Project.

3 The following

section is added:

Purposes and objects of RTP

8.1

(1) In this section, "RTP" means Rapid Transit Project 2000 Ltd.

(2) For the purposes of this Act, the purposes and objects of RTP are to

(

a) plan, acquire and construct or cause to be constructed the Rapid Transit Project, and

(

b) acquire rights and property for any or all of the following purposes:

(

i) for any of the purposes and objects referred to in paragraph (a);

(ii) for the maintenance or operation of the Rapid Transit Project.

(3) For the purposes and objects set out in subsection (2), RTP is an agent of the government.

(4) Section 8, other than

section 8 (1) (

g) or (5), and sections 9 and 26 of this Act apply to RTP for and in respect of its purposes and objects under subsection (2) of this

section and, for that purpose, a reference in

section 8, 9 or 26, as it applies for the purposes of this section,

(

a) to "public passenger transportation system", "rail transit system" or "commuter rail service" is deemed to be a reference to the Rapid Transit Project,

(

b) to the "authority" is deemed to be a reference to RTP,

(

c) to "acquire and dispose of property" is deemed to include a reference to acquire rights and property for the maintenance or operation of the Rapid Transit Project, and

(

d) to "purposes of this Act" is deemed to be a reference to the purposes and objects of RTP under subsection (2) of this section.

(5) Even though, under this section, RTP is authorized to acquire rights and property for the maintenance or operation of the Rapid Transit Project, nothing in this

section authorizes RTP to maintain or operate the Rapid Transit Project.

Section 9 is repealed and the following substituted:

Expropriation of property

9 Subject to the Expropriation Act , the authority may expropriate any land that the authority considers necessary for its purposes and, without limiting this, for any or all of the following:

(

a) the planning, acquisition and construction of the Rapid Transit Project;

(

b) the maintenance or operation of the Rapid Transit Project.

Section 26 is amended

(

a) in subsection 1 (

a) by adding " Greater Vancouver Sewerage and Drainage District Act or"

after "under the" , and

(

b) in subsection (2) by adding "the Greater Vancouver Transportation Authority

Act, " after "the School Act, " .

Transitional

(1) In this section:

"ancillary Rapid Transit Project works" means any works or undertakings ancillary to the whole or any part of the rail transportation system that, in the Greater Vancouver Transportation Authority Act, is defined as the Rapid Transit Project, and, without limiting this, includes

(

a) links to private or public transportation services, including stops, stands, lanes, loops and parking for buses and taxis,

(

b) parking facilities,

(

c) areas in stations for the provision of services and amenities to passengers,

(

d) employee facilities,

(

e) walkways, overpasses and other means of ingress to and egress from the stations and vehicles,

(

f) undertakings for the relocation, enhancement and upgrading of utility services and related poles, wires, pipes and apparatus,

(

g) adjacent roadway enhancements, and

(

h) facilities for storage, maintenance and repair of vehicles, parts, signage and related items;

"Rapid Transit Project" has the same meaning as in the Greater Vancouver Transportation Authority Act, and, without limiting this, includes ancillary Rapid Transit Project works;

"RTP" means Rapid Transit Project 2000 Ltd.

(2) All things done by RTP that would have been validly done had sections 1, 8 (9) and 8.1 of the British Columbia Transit Act, as amended and enacted by sections 1, 2 and 3 respectively of this Act, in fact been in force on the day they were done are conclusively deemed to have been validly done and are confirmed and validated.

(3) All things done by British Columbia Transit that would have been validly done had sections 1, 8 (9) and 9 of the British Columbia Transit Act, as amended and re-enacted by sections 1, 2 and 4 respectively of this Act, in fact been in force on the day they were done are conclusively deemed to have been validly done and are confirmed and validated.

(4) Without limiting subsection (3) but subject to the Expropriation Act, British Columbia Transit is, in respect of any land expropriated by it for the purposes of the planning, acquisition or construction of the Rapid Transit Project or for the purposes of the maintenance or operation of the Rapid Transit Project, conclusively deemed to have had the authority to expropriate that land at the time at which the expropriation was effected and to have had and to continue to have the authority to carry out the expropriation, and any such expropriation is conclusively deemed to have been validly done and is confirmed and validated.

(5) Subsection (4) applies to all land expropriated by British Columbia Transit whether or not a court proceeding challenging that expropriation has been commenced.

Commencement

(1) Sections 1 to 5 are deemed to have come into force on March 25, 1999 and are retroactive to the extent necessary to give them effect on and after that date.

(2) Section 6 is retroactive to the extent necessary to give full force and effect to its provisions.

(3) Sections 1 to 6 must not be construed as lacking retroactive effect in relation to any matter by reason that they make no specific reference to that matter.

Explanatory Notes

SECTION 1: [British Columbia Transit Act, amends

section 1 (1)] is self explanatory.

SECTION 2: [British Columbia Transit Act, repeals and replaces

section 8 (9)] clarifies

that British Columbia Transit retains, for the purposes of the planning and

construction of the Rapid Transit Project, all its rights, powers and privileges

in the region serviced by the Greater Vancouver Transportation Authority.

SECTION 3: [British Columbia Transit Act, enacts

section 8.1] provides to Rapid Transit

Project 2000 Ltd. the powers necessary for the planning and construction of the

Rapid Transit Project.

SECTION 4: [British Columbia Transit Act, re-enacts

section 9] clarifies that British

Columbia Transit may exercise its right to expropriate land for the purposes of

the Rapid Transit Project.

SECTION 5: [British Columbia Transit Act, amends

section 26] permits the Lieutenant

Governor in Council to exempt specified persons from specified liabilities

under the Greater Vancouver Sewerage and Drainage District Act and the

Greater Vancouver Transportation Authority Act in relation to specified transportation

systems.

SECTION 6: [Transitional] validates all things done by British Columbia Transit and Rapid

Transit Project 2000 Ltd. in relation to the Rapid Transit Project, including all

expropriations that would have been valid had the amendments to the British

Columbia Transit Act enacted by this Bill been in force at the time that the

things were done.

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© 2000: Queen's Printer, Victoria, British Columbia, Canada