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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 75 – 2004

TRANSPORTATION STATUTES AMENDMENT ACT, 2004

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

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following:

Public Body:

Fraser Bridge Project Ltd.

Head:

President .

Greater Vancouver Transportation Authority Act

Section 1 (1) of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended

(

a) by adding the following

definitions:

"ancillary works" means any works or undertakings ancillary to all or a part of a rail transportation system, 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) operating facilities and facilities for storage, maintenance and repair of vehicles, parts, signage and related items;

"billing organization" means an organization with which the authority or a subsidiary has entered into an agreement described in

section 29.1 (4) (e);

"Coquitlam Line rapid transit project" and "C Line" mean a rail transportation system connecting a location in the general vicinity of the Lougheed Town Centre Skytrain Station in the City of Burnaby

(

a) to a location in the general vicinity of the intersection of Pinetree Way and Guildford Way in the City of Coquitlam, or

(

b) to a location in the general vicinity of the intersection of Lougheed Highway and Barnet Highway in the City of Coquitlam,

as determined by the authority;

"designated project" means the Fraser River Crossing project;

"designated tolls" means toll charges, or other charges in relation to the tolls or the collection of tolls, authorized under

section 29.1 (2);

"excessive toll debt" means a toll debt of not less than the amount established by bylaw of the authority;

"Fraser River Crossing project" means a bridge crossing the Fraser River to the east of Barnston Island and a system of infrastructure, structures, crossings and highways connecting the bridge to the provincial highway system or municipal highways;

"rail transportation system" means a system using one or more fixed rails for the transportation of passengers and includes the system's ancillary works;

"toll debt" means the portion of a designated toll that remains unpaid after the period established by bylaw of the authority for paying a designated toll has ended, and includes interest owing in relation to the unpaid portion of the designated toll;

"toll device" means a device that

(

a) may be installed or carried in or on, or attached to, a motor vehicle, and

(

b) allows electronic identification of the person who is to pay a designated toll, or the account from which a designated toll is to be paid, arising from the motor vehicle's use of a part of a designated project;

"toll reader" means equipment that detects toll devices; ,

(

b) by repealing the definition of "Rapid Transit Project" and substituting the following:

"Rapid Transit Project" means a rail transportation system connecting a location in the general vicinity of the intersection of Great Northern Way and Clark Drive in the City of Vancouver to a location in the general vicinity of the Lougheed Town Centre Skytrain Station in the City of Burnaby and connecting to a location in the general vicinity of the Columbia Skytrain Station in the City of New Westminster; ,

(

c) by repealing the definition "regional transportation system" and substituting the following:

"regional transportation system" means a system, in the transportation service region, that

(

a) is for the transportation of passengers and goods by any means, except by independent transit services, and without limiting this, includes

(

i) ferries,

(ii) cycling path networks,

(iii) custom transit services,

(iv) bus transportation systems,

(

v) rail transportation systems,

(vi) designated projects, and

(vii) the major road network, and

(

b) is operated or intended to be operated by the authority or its subsidiaries or contractors; , and

(

d) in the definition of "Richmond-Airport-Vancouver rapid transit project" by striking out " means " and substituting " and "RAV" mean ".

Section 4 (2) (

a) is amended by striking out " that is not a major road, " and substituting " that is neither a major road nor part of a designated project, ".

Section 6 is amended

(

a) in subsection (2) (

b) by striking out " and " at the end of subparagraph (iv), by adding " and " at the end of subparagraph (

v) and by adding the following subparagraph:

(vi) designated tolls, , and

(

b) by adding the following subsections:

(3) Without limiting subsection (1) or (2), the authority, for the purposes of a designated project, by bylaw, may

(

a) establish standards for the construction, maintenance and rehabilitation of highways or other infrastructure that form part of the designated project,

(

b) establish standards for the management, operation and use of highways that form part of the designated project, and

(

c) subject to the Motor Vehicle Act , regulate the use of highways that form part of the designated project,

but may not do any of these things in relation to a highway that is also part of the provincial highway system.

(4) Without limiting subsection (1) or (2), the authority may exercise its power under subsection (2) (

a) for the use and benefit of a subsidiary in carrying out the authority's purposes.

(5) Without limiting subsection (1) or (2), having expropriated land under subsection (2) (a), the authority may

(

a) transfer an interest in the land to a subsidiary for the subsidiary's use and benefit in carrying out the authority's purposes in relation to a designated project, RAV or the C Line,

(

b) transfer an interest in the land to the Vancouver International Airport Authority for the authority's purposes in relation to RAV, and

(

c) do anything with the land that a person of full capacity could lawfully do with the land.

Section 9 (3) (

c) is amended by adding " (3), (4) and (5), " after " 6 (2) (a), (

b) and (c), " and by adding " 29.1, " after " 29, ".

Section 15 is amended

(

a) in subsection (3) by adding the following paragraph:

(b.1) assessing any designated tolls under

section 29.1 (2) or adopting a bylaw under

section 29.1 (3), , and

(

b) by repealing subsection (4) and substituting the following:

(4) The authority need not consult in relation to

(

a) an assessment referred to in subsection (3) (a), (b), (b.1) or (

c) if the assessment results in a decrease in the taxes, project toll charges, user fees, motor vehicle charges, designated tolls or parking taxes, as the case may be, or

(

b) an assessment under

section 29.1 (2), whether or not the power to make the assessment has been delegated under

section 29.1 (4) (f), if the assessment is made in accordance with a bylaw under

section 29.1 (3) that has been ratified by the Greater Vancouver Regional District board of directors.

Section 16 is amended

(

a) in subsection (3) by adding " , a designated toll " after " a motor vehicle charge ", and

(

b) in subsection (3) (b) (ii) by adding " , 29.1 (5) " after " 29 (5) ".

Section 23 is amended by adding the following subsection:

(1.1) Despite sections 2 (1) and 23 (4) of the Expropriation Act ,

section 23 (5) of that Act applies in relation to land taken by the authority for a highway that forms part of a designated project.

Section 27 (5) is amended by striking out " under this Act. " and substituting " under

section 25 of this Act. "

10 The following

section is added:

Designated tolls

29.1

(1) In this section, "costs associated with a designated project" includes the cost of any of the following in relation to the designated project:

(

a) designing, planning, developing or financing;

(

b) establishing, constructing, expanding, upgrading, improving, modifying or rehabilitating;

(

c) operating, regulating, managing, maintaining, closing or removing.

(2) In order to recover all or part of the costs associated with a designated project, the authority, by bylaw, may assess toll charges or other charges in relation to the tolls or the collection of tolls on persons who use, or on owners or operators of motor vehicles that are driven on, a part of the designated project.

(3) If the authority decides to assess designated tolls, the authority, by bylaw, may

(

a) establish the amount of the designated toll in relation to each class established under subsection (4) (

a) or the criteria under subsection (4) (b),

(

b) make rules respecting the maximum amount by which the designated toll may be increased and the frequency of those increases, and

(

c) establish the period during which a designated toll must be paid and the amount for the purposes of the definition of "excessive toll debt".

(4) For the purposes of subsection (2), the authority, by bylaw, may

(

a) establish different classes of users, operators, owners, motor vehicles or parts of the designated project,

(

b) provide for different toll charges for different classes established under paragraph (

a) and for the following:

(

i) different dates, days or times the part of the designated project is used;

(ii) the extent of use of a part of the designated project;

(iii) whether a toll device is detected or not detected in or on the vehicle;

(iv) other criteria the authority considers appropriate,

(

c) provide for the use of toll devices and toll readers or the establishment of stations or other facilities for the collection of designated tolls,

(

d) exempt any class of users, operators, owners or motor vehicles from the designated toll,

(

e) provide for an agreement with a billing organization under which the billing organization is authorized to charge and collect designated tolls and interest on designated tolls on behalf of the authority or a subsidiary, and

(

f) despite

section 9 (3) (c), if the authority has adopted a bylaw in relation to each matter described in subsection (3) of this section, delegate to a subsidiary the power to do either or both of the following:

(

i) assess designated tolls in accordance with the bylaws of the authority under subsection (3);

(ii) enter into an agreement referred to in paragraph (e).

(5) Subject to subsection (6), a bylaw made under subsection (2) or (3) does not come into force until the bylaw is ratified by a resolution of the Greater Vancouver Regional District board of directors.

(6) A bylaw made under subsection (2) or (3) does not require ratification by the Greater Vancouver Regional District board of directors before coming into force if the bylaw results in a decrease in the designated toll.

(7) If the authority delegates to a subsidiary a power referred to in subsection (4) (f), the subsidiary must exercise the power by director's resolution, which resolution need not be ratified by the Greater Vancouver Regional District board of directors to be effective.

Section 30 is amended

(

a) in subsection (1) by adding the following

definitions:

"assessment commissioner" means the assessment commissioner appointed under the Assessment Authority Act ;

"property" includes land and improvements;

"property class" has the same meaning as in the Assessment Act ; ,

(

b) in subsection (1) by repealing the definition of "residential parking" and substituting the following:

"residential parking" means parking on a parking site that is on property classified as property class 1; ,

(

c) in subsection (1) in the

definitions of "taxable parking area" and "taxable parking space" by striking out " that is not used or available solely for residential parking; " and substituting " that is not residential parking; ",

(

d) in subsection (2) by striking out " The authority " and substituting " Subject to exemptions by or under subsection (4.1), the authority ",

(

e) by adding the following subsections:

(2.1) For the purposes of this section, the assessment commissioner may enter into an agreement with the authority under which the authority delegates to the assessment commissioner some or all of the authority's powers and duties in relation to a parking site roll, including, without limiting this,

(

a) powers and duties in relation to the preparation of a parking site roll, and

(

b) other powers and duties in relation to the parking site roll.

(2.2) If the assessment commissioner enters into an agreement described in subsection (2.1), the assessment commissioner, to the extent provided in the agreement, may delegate to any person, including an officer or employee of the British Columbia Assessment Authority, a power or duty of the assessment commissioner under the agreement.

(2.3) If the assessment commissioner delegates a power or duty in relation to the parking site roll to an officer or employee of the British Columbia Assessment Authority, the officer or employee, despite

section 10 (

e) of the Assessment Authority Act , is to exercise the power or perform the duty.

(2.4) A parking site roll must do all the following:

(

a) identify each property that is

(

i) in an area of the transportation service region to which the parking tax applies, as determined by the authority under subsection (4) (a), and

(ii) liable to assessment of a parking tax under subsection (2);

(

b) for each property identified under paragraph (

a) of this subsection, identify the owner, as defined in the Assessment Act ;

(

c) for each property identified under paragraph (

a) of this subsection, set out, as provided in the agreement,

(

i) the taxable parking area, or

(ii) the number of taxable parking spaces.

(4.1) The following are exempt from assessment of a parking tax under this section:

(

a) property classes 7 and 9;

(

b) property that is wholly exempt from taxation under the Community Charter , the Local Government Act , the School Act , the Taxation (Rural Area) Act or the Vancouver Charter ;

(

c) each of the following that is exempted by bylaw of the authority:

(

i) land or improvements or both;

(ii) a property class;

(iii) a type of land or improvements or both.

(4.2) A type of land or improvements or both under subsection (4.1) (c) (iii) may be defined, without limitation, based on the person or class of persons that owns or occupies the property. ,

(

f) in subsection (7) (

a) and (

c) by striking out " parking tax assessment roll; " and substituting " parking site roll; ",

(

g) in subsection (7) (

b) by striking out everything after " notices " and substituting " to owners of parking sites included in the parking site roll; ",

(

h) in subsection (7) (

d) by striking out everything after " related to " and substituting " the parking site roll. ", and

(

i) by adding the following subsection:

(8) Without limiting subsection (7), on the recommendation of the authority, the Lieutenant Governor in Council, for the purposes of that subsection, by regulation may

(

a) provide powers and duties to the authority, including, without limiting this, some or all of the assessment commissioner's powers and duties under the Assessment Act or the Assessment Authority Act ,

(

b) apply provisions of the Assessment Act in relation to a parking site roll, and

(

c) despite

section 9 (3) (

c) of this Act and without limiting

section 9 (3) (d), authorize the authority to delegate its powers in relation to a parking site roll to the assessment commissioner.

Section 34 (3) (a), (

b) and (

c) is repealed and the following substituted:

(

a) the Rapid Transit Project,

(

b) another rail transportation system, or

(

c) a designated project.

13 The following

section is added to

Part 5:

Information-sharing agreement with ICBC

44.1 The Insurance Corporation of British Columbia may enter into information-sharing agreements with the authority, a subsidiary or a billing organization under which the Insurance Corporation of British Columbia may disclose to the authority, subsidiary or billing organization, as the case may be, the full name of, and the most recent mailing address shown in the records of the Insurance Corporation of British Columbia for, individuals to whom toll devices or number plates were issued, if that information is disclosed for the purpose of

(

a) ensuring safety in relation to the operation of the designated project, or

(

b) the charging or collection of designated tolls and related interest.

Section 46 (4) is amended

(

a) in paragraph (

e) by striking out " project toll charges, " and substituting " project toll charges, designated tolls, ", and

(

b) by adding the following paragraph:

(

g) making a provision of the Transportation Investment Act apply in relation to the authority, a subsidiary, a billing organization or another person with whom the authority or a subsidiary enters into an agreement in relation to a designated project.

Motor Vehicle Act

Section 26 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) in subsection (1) (d) (iii) by striking out " as it then was. " and substituting " as it then was, ",

(

b) in subsection (1) by adding " , or " at the end of paragraph (

e) and by adding the following paragraph:

(

f) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the Greater Vancouver Transportation Authority Act . , and

(

c) in subsection (2) by striking out " or " at the end of paragraph (b), by adding " , or " at the end of paragraph (

c) and by adding the following paragraph:

(

d) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the Greater Vancouver Transportation Authority Act .

Municipalities Enabling and Validating Act (No. 3)

Part 4 of the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following sections:

Enabling the Fraser River Crossing project

(1) In this section:

"authority" means the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act ;

"municipality" means

(

a) the Township of Langley,

(

b) the District of Maple Ridge,

(

c) the District of Pitt Meadows, or

(

d) the City of Surrey;

"operator" means a person or organization that has entered into an agreement with the authority or a subsidiary or a contractor of either to undertake activities, specified in the agreement, in relation to the operation, management, tolling, repair, maintenance or rehabilitation of the project;

"project" means the Fraser River Crossing project as defined in

section 1 of the Greater Vancouver Transportation Authority Act and the highways and related infrastructure that a municipality constructs or improves for the purpose of integrating with the Fraser River Crossing project.

(2) Subject to subsection (4), a municipality may enter into an agreement with the authority in relation to the project even if the effect of a provision of the agreement in relation to a matter described in subsection (3) is to

(

a) limit or eliminate council's legislative powers, or

(

b) cause council to provide assistance to a business.

(3) The matters referred to in subsection (2) are

(

a) a municipal action or authorization that is likely to have the effect of

(

i) reducing the capacity of the project to carry vehicular traffic,

(ii) reducing the volume of vehicular traffic carried by the project, or

(iii) reducing the amount of tolls collected from vehicular traffic using the project, and

(

b) a municipal action that is likely to have the effect of

(

i) impeding access by vehicular traffic to or from the project, or

(ii) impeding an operator in carrying out its rights or performing its obligations under an agreement with the authority, a subsidiary or a contractor of either in relation to the operation, management, tolling, repair, maintenance or rehabilitation of the project.

(4) Nothing in subsection (2) operates to enable a municipality to restrict its authority to take actions or give authorizations promoting environmental or conservation measures.

Enabling Richmond-Airport-Vancouver rapid transit project

(1) In this section:

"authority" means the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act ;

"municipality" means the City of Richmond or the City of Vancouver;

"project" means the planning, acquisition or construction of the Richmond-Airport-Vancouver rapid transit project, as defined in the Greater Vancouver Transportation Authority Act , by the authority, a subsidiary or a contractor of either.

(2) If a municipality enters into an agreement with the authority or a subsidiary that establishes processes or conditions in relation to the project within the municipality, subsection (3) applies.

(3) The processes and conditions established in an agreement described in subsection (2) apply, to the extent provided for in the agreement, instead of the permits, approvals or authorizations and any related processes or conditions that would otherwise be required by or under the Community Charter , the Local Government Act or the Vancouver Charter , in relation to the project within the municipality.

Transportation Act

Section 62 (1) of the Transportation Act, S.B.C. 2004, c. 44, is amended by striking out " use, occupy or do anything to or on a provincial public highway, or to or on " and substituting " use or occupy, including do anything to or cause any thing to be constructed or deposited on, a provincial public highway or ".

Section 72 (1) is amended by striking out " use, occupy or do anything to or on a concession highway " and substituting " use or occupy, including do anything to or cause any thing to be constructed or deposited on, a concession highway ".

Transportation Investment Act

Section 1 of the Transportation Investment Act, S.B.C. 2002, c. 65, is amended by repealing the definition of "concessionaire" and substituting the following:

"concessionaire" means a person who, in a valid and subsisting concession agreement, is designated as the concessionaire; .

Section 2 is amended

(

a) in subsection (1) (

a) by striking out " the person with whom the agreement is entered into " and substituting " the person designated in the agreement as the concessionaire ",

(

b) in subsection (1) (

b) and (

c) by adding " designated in the agreement as the concessionaire " after " the person ", and

(

c) in subsection (4) by striking out " the concession agreement " and substituting " a concession agreement ".

Section 3 is amended by adding the following paragraph:

(c.1) set out any other payment arrangements, including, without limitation, the following:

(

i) payment by the government or any other contracting party of an amount or amounts based on the performance by the concessionaire of any or all of its obligations under the concession agreement;

(ii) payment by the government or any other contracting party of an amount or amounts based on one or both of use and availability of the concession highway, .

Section 8 is amended by adding the following subsection:

(7) Nothing in subsection (5) (

b) relieves the government or any other contracting party from its obligation to pay, in the manner and at the time required by the concession agreement, any amount it is expressly obligated by that agreement to pay.

Section 9 is amended by adding the following paragraph:

(b.1) the basis on which any amount is or may become payable to the concessionaire under a payment arrangement contemplated by

section 3 (c.1); .

Section 10 is amended

(

a) in subsection (1) by striking out " and " at the end of paragraph (

a) and by adding the following paragraph:

(a.1) any obligation of the government or any other contracting party to make a payment under a payment arrangement contemplated by

section 3 (c.1) ceases except insofar as the obligation arose before the termination of the concession agreement, and , and

(

b) by adding the following subsection:

(3) Nothing in subsection (1) (a.1) limits or otherwise affects any law or enactment by or under which an obligation referred to in that subsection is or may be terminated, limited or otherwise affected.

Commencement

25 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 to 8, 10 and 12 to 18

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Freedom of Information and Protection of Privacy Act

(Ministry of Management Services)

SECTION 1: [Freedom of Information and Protection of Privacy Act,

Schedule 2] adds the

Fraser Bridge Project Ltd. to

Schedule 2 as a public body.

Greater Vancouver Transportation Authority Act

(Ministry of Transportation)

SECTION 2: [Greater Vancouver Transportation Authority Act,

section 1] adds and

amends

definitions of terms that are used in the amendments.

SECTION 3: [Greater Vancouver Transportation Authority Act,

section 4] ensures that the

authority has responsibility for designated projects.

SECTION 4: [Greater Vancouver Transportation Authority Act,

section 6]

authorizes the authority to raise revenues by means of designated tolls;

provides the authority with bylaw making powers in relation to designated projects;

empowers the authority to expropriate land for the use and benefit of a subsidiary in carrying out the authority's purposes in relation to RAV, the Fraser River Crossing project or the C Line;

>empowers the authority to transfer expropriated land to a subsidiary for the purposes of RAV, the Fraser River Crossing project or the C Line;

empowers the authority to transfer expropriated land to the Vancouver International Airport Authority for the authority's purposes in relation to RAV.

SECTION 5: [Greater Vancouver Transportation Authority Act,

section 9] prohibits the

delegation of the authority's powers under

section 29.1.

SECTION 6: [Greater Vancouver Transportation Authority Act,

section 15] imposes an

obligation on the authority to consult with the public, municipalities and other

affected organizations before assessing a designated toll or making a bylaw

respecting the setting of designated tolls.

SECTION 7: [Greater Vancouver Transportation Authority Act,

section 16] permits the

authority, by resolution of 2/3 of its members, to omit the requirement for

GVRD ratification of a bylaw assessing a designated toll if the increase is

necessary for the authority to meet its debt obligations.

SECTION 8: [Greater Vancouver Transportation Authority Act,

section 23] ensures that

the authority is able to register title to land it expropriates for highways.

SECTION 9: [Greater Vancouver Transportation Authority Act,

section 27] clarifies that

the exemptions from taxation provided by sections 130 to 132 of the School Act apply only in relation to property value taxes under

section 25 of the Greater

Vancouver Transportation Authority Act .

SECTION 10: [Greater Vancouver Transportation Authority Act,

section 29.1]

adds a power to assess tolls to recover all or part of the costs of a designated project;

authorizes the authority to delegate the assessment of a designated toll to a subsidiary if the authority has adopted a bylaw that governs the subsidiary's exercise of the delegated power.

SECTION 11: [Greater Vancouver Transportation Authority Act,

section 30]

adds and amends

definitions of terms used in the section;

authorizes the assessment commissioner under the Assessment Authority Act to enter into an agreement with the GVTA in relation to a parking site roll;

authorizes the assessment commissioner to delegate to officers or employees of the assessment authority or to any person the powers and duties delegated to the assessment commissioner in the agreement;

requires officers and employees to exercise powers and perform duties delegated to them by the assessment commissioner for the purposes of a parking site roll;

exempts property from the parking tax and authorizes the GVTA to exempt other property from the parking tax by bylaw;

clarifies that the power to make regulations respecting a parking tax includes the following powers:

providing the authority with powers and duties, including the powers and duties of the assessment commissioner under the Assessment Act or the Assessment Authority Act ;

applying provisions of the Assessment Act to the parking site roll;

authorizing the authority to delegate powers to the assessment commissioner in order for a parking site roll to be prepared and other actions in relation to the parking site roll to be taken.

SECTION 12: [Greater Vancouver Transportation Authority Act,

section 34] clarifies that

the Lieutenant Governor in Council's authority under the

section to exempt

land and improvements from taxation extends to anything defined as a rail

transportation system.

SECTION 13: [Greater Vancouver Transportation Authority Act,

section 44.1] authorizes

ICBC to enter into information-sharing agreements with the authority, a

subsidiary or a billing organization under which ICBC may share names and

addresses with the authority, subsidiary or billing organization for the purposes

of safety on designated projects and the charging and collection of designated

tolls.

SECTION 14: [Greater Vancouver Transportation Authority Act,

section 46] authorizes the

Lieutenant Governor in Council to make regulations requiring payment of

designated tolls and respecting their collection and making provisions of the

Transportation Investment Act apply in relation to the authority, a subsidiary or

a billing organization for the purposes of a designated project.

Motor Vehicle Act

(Ministry of Public Safety and Solicitor General)

SECTION 15: [Motor Vehicle Act,

section 26] authorizes ICBC to refuse to issue a driver's

licence or vehicle licence to a person who owes an excessive toll debt under the

Greater Vancouver Transportation Authority Act , and makes a housekeeping

amendment.

Municipalities Enabling and Validating Act (No. 3)

(Ministry of Community, Aboriginal and Women's Services)

SECTION 16: [Municipalities Enabling and Validating Act (No. 3), sections 16 and 17]

enables a specified municipality to enter into an agreement with the authority in relation to the Fraser River Crossing project even if a provision of the agreement has the effect of fettering the council's discretion or causing the council to provide assistance to a business in relation to the specified matters;

enables the municipalities of Richmond and Vancouver to enter into an agreement with the Greater Vancouver Transportation Authority that establishes processes, in relation to building and land use for the purposes of the Richmond-Airport-Vancouver rapid transit project, that apply instead of those provided in the Community Charter , the Local Government Act or the Vancouver Charter .

Transportation Act

(Ministry of Transportation)

SECTION 17: [Transportation Act,

section 62] clarifies the activities, on provincial public

highways and related land and improvements, for which authorization is

required.

SECTION 18: [Transportation Act,

section 72] clarifies the activities, on concession

highways, for which authorization is required.

Transportation Investment Act

(Ministry of Transportation)

SECTION 19: [Transportation Investment Act,

section 1] simplifies the definition of

"concessionaire" by recognizing that that person will be expressly designated

as a concessionaire in the concession agreement.

SECTION 20: [Transportation Investment Act,

section 2] allows concession agreements to

include parties other than the government and the concessionaire, and harmonizes

section 2 with the revised definition of "concessionaire".

SECTION 21: [Transportation Investment Act,

section 3] requires that all payment arrangements

related to a concession agreement be set out in the concession agreement.

SECTION 22: [Transportation Investment Act,

section 8] clarifies that the government is not

relieved from liability under

section 8 (5) (

b) of the Transportation Investment

Act for those matters in respect of which it has expressly agreed to be liable.

SECTION 23: [Transportation Investment Act,

section 9] allows the minister to require an

audit of any matter in respect of which a payment arrangement has been

entered into.

SECTION 24: [Transportation Investment Act,

section 10] expressly provides that all

payment arrangements under a concession agreement cease on the termination

of the agreement.

Copyright

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