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c) Queen's Printer,

Victoria, British Columbia, Canada

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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER RESPONSIBLE

FOR TREATY NEGOTIATIONS

BILL 11 – 2002

MISCELLANEOUS STATUTES AMENDMENT ACT, 2002

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

Access to Education Act

1 The Access to Education Act, S.B.C. 2001, c. 1, is repealed.

Assessment Act

Section 1 (2) (

k) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by adding

"broadcasting, rebroadcasting," after "telecommunications," .

Family Relations Act, R.S.B.C. 1979, c. 121

Section 83 of the Family Relations Act, R.S.B.C. 1979, c. 121, is amended

(

a) by repealing subsection (10), and

(

b) in subsection (11) by striking out "Subject to subsection (10), a provision" and substituting

"A provision" .

Health Authorities Act

Section 19.1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by repealing the definition of

"consolidated certification" .

Section 19.921 is amended

(

a) by striking out "30 days" wherever it appears and substituting

"90 days" , and

(

b) by striking out "board decision No. 573/98" in both places and substituting

"board decision No. B73/98" .

Industry Training and Apprenticeship Act

6 The Industry Training and Apprenticeship Act, S.B.C. 1997, c. 50, is amended by adding the following section:

Transitional – transitional board

24.1

(1) Despite any other provision of this Act, the minister may appoint a transitional board consisting of one member for the purpose of winding up the affairs of the commission.

(2) On the appointment of the transitional board, the appointment of each member of the board of directors of the commission is rescinded.

(3) The transitional board appointed under subsection (1) is deemed to be the board of directors of the commission.

(4) The transitional board must transfer the assets and liabilities of the commission as directed by the minister.

Municipalities Enabling and Validating Act (No. 3)

7 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended

(

a) by adding the following section:

Provincial heritage sites deemed designated by by-law

(1) The designations of the lands described in

Schedule 1, however currently described in the records of the land title office,

(

a) as a historic site by the Provincial Secretary on February 2, 1971, and

(

b) as a heritage designation under

section 9 of the Heritage Conservation Act by continuation under

section 38 of that Act

are deemed to have been a designation of protected heritage property by by-law under

section 593 of the Vancouver

Charter .

(2) The Vancouver Charter , insofar as it applies to protected heritage property, applies to the designation referred to in subsection (1) and the by-law required under subsection (3), except that no person is entitled to compensation in respect of either.

(3) Within 30 days after the date this

section comes into force, the Council must adopt a by-law under

section 593 of the Vancouver Charter for the purpose of subsection (1) of this

section and, on its adoption, that by-law is deemed to be the by-law referred to in that subsection.

(4) Sections 594 and 595 of the Vancouver Charter do not apply in relation to the adoption of the by-law required under subsection (3) or the property designated under it.

(5) Notice of the by-law adopted under subsection (3) must be published once a week for 2 consecutive weeks in a newspaper that is distributed at least weekly in the area affected by the by-law. , and

(

b) by adding the following Schedule:

Schedule 1

(Section 4)

(

a) D.L. OGT:

(

i) Block 1

Lot 7; Lot 8 W 1/2; 8 E 1/2; 9 & 10; 11; 12 & 13.

(ii)

Block 2

Lots 1 & E 1 1/2 ft. of 2; 2 ex. E 1 1/2 ft; A of 3; 3 ex. A & ex. W 1 ft. of 3; 3 W 1 ft. & 4 E 1/2; 4 W 1/2; 5; 6; 7; B Amd. of 8; A Amd. of 8; C of 8; D. & E of 8; 9 Amd. & 10; A of 11; 11 ex. Pcl. A & 12; 13 & 14 ex. E 26 ft; E 26ft. of 14; A of 15; B of 15.

(iii)

Block 3

Lots 1 E pt; 1 W 47 ft. & 2; 3; 4 E 1/2; 4 W 1/2; 5; 6 ex. W 44 ft; 6 W. 44 ft; 7; 8 N 1/2; 8 S 1/2; A of 17; B and C of 17; D E & F of 17; Pt. of 17 incl. in RP 1441 (Pioneer Place & CPR R/W); 16 E 26 ft; 16 ex. E 26 ft.

(iv)

Block 4

Lots 7 W 1/2; 8 ex. S.W. pt; 8 S.W. pt; D of 9 & 10; A and B of 9 and 10 ex. E 9 ft; C of 10 and 11.

(

v) Block 5

Lots 1; 2 E 1/2; 2 W 1/2; 3 E 1/2; 3 W 1/2; 4; 5 E 1/2; 5 W 1/2; 6 ex. W 6 ft; A of 6 and 7; 7 W 1/2; and 8; F; 11-14 and 15 ex. A B & C; Pcl. X of 15 and 16; B; C ex. 56 ft., D & E of 16, and A and B of 15.

(vi)

Block 6

Lots 9 W 1/2; 9 E 1/2; 10 W 1/2; 10 E 1/2; 11; Pcl. A of E 30 ft. of 12 and Lot 12 ex. E 30 ft;

Pcl. B of 12; A of 13; B of 13; 14 W 1/2; 14 E 1/2; 15 W 1/2; 15 E 1/2; 16.

(

b) D.L. 541:

(

i) Block 8

Lots 1; 2; 3; 4; 5 and A of 6.

(ii)

Block 9

Lots A E 40 ft; A ex. E 40 ft; B.

(iii)

Block 10

Lots 1 & Pcl. A; 3 E. 20 ft; 4 and 5; 6 to 8; 9 and 10; 11 and 12; 13; 14 to 19.

(iv)

Block 11

Lots 1 and 2; 3 and 4; 5; 6; 7 to 9; A and B of 10 and 11; C of 10 and 11; 12 to 14 and A of 15 and 16.

(

v) Block 12

Lots 1 to 10.

(vi)

Block 17

Lots 1; 2 N. Pt; 2 centre 20 ft; 2 S. 21 1/2 ft; 3 Amd; 25.

(vii)

Block 18

Lots H; A – C; D; J.

(viii)

Block 29

Lots 15 ex. A; Pcl. R.

(

c) D.L. 196:

(

i) Block 1

Lots 1; 2, 3 and 4 W. 13" and Adjg. Foreshore; 4 ex. W. 13", 5 ex. E. 13" and Foreshore

Adjg.; Lot 5 E. 13" and 6 ex. R/W; 7 ex. R/W; 8 and 9 ex. R/W; 10 ex. R/W; 13; 14 to 16 ex. R/W; 17 to 19 and CPR R/W; 20 to 25 ex. R/W.

(ii)

Block 2

Lots 1 to 3; 4 and 5; 6; 7; 8; 9 and 10 and 11 ex. R/W; 11 & R/W.

(iii)

Block 3

Lots 22 to 26; 27 to 31.

(iv)

Block 6

Lots 22 to 26; 27 to 30.

(

v) Block 7

Lots 1; 2; 3 and 4 ex. R/W; 5 ex. R/W; 6 N. Pt; 7 and 8 N. Pt; Pt. of 4 to 10 (formerly CPR R/W); Pt. of 6 to 10 s/o former CPR R/W and 11; 12 to 16 and 17 to 21 s/o former R/W;

Ptn. of A of 25; 25 ex. Pcl. A and S. 6" of 26; 26 ex. S.6"; 27 S. 42 ft; 27 ex. S 42 ft. and 28.

(vi)

Block 8

Lots 1 to 5 inc. R/W; 31; S. 1/2 of 32 to 34; N. 1/2; of 32 to 34.

(vii)

Block 11

Lots 9 to 10; 11 to 13; 14; 15; 16; 17; 18; 19; 20; 21; A B and C of 22 and 23.

(viii)

Block 12

Lots 1 to 4; 5 to 10; 11; 12; 13 and 14; 15; 16; 17 and 18; 19 and 20; 21; 22; 23; 24; 25 and 26.

(ix)

Block 13

Lots 1; 2; 3 and 4; 18 and 19; 20; 21 and 22; 23 to 25; 26 and 27; 28 and 29; 30; 31; A; B.

(

x) Block 14

Pcl. 1 of A; 1 of C; Lot 2 of C; 3 of C; 4 of C; 10 of B; 11 of B; 12 of B; 13 of B.

(xi)

Block 15

Lots 1 and 2 ex. S 1 ft; 24; 25; 26 and 27 Bal.; 27 incl. in ref. plan 450 and 28 and 29; 30; 31; 32; 33; 34; 35; 36 and 37; 38 and 39.

(xii)

Block 16

Lots 1 and 2 ex. S. 21 ft; 25; 26; 27; 28; 29; 30 to 32; 33; 34; 35; 36; 37.

Protected Areas of British Columbia Act

Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by repealing the descriptions of Beaumont Marine Park, D'Arcy Island Marine Park, Princess Margaret Marine Park and Sidney Spit Marine Park.

Public Service Act

Section 13 of the Public Service Act, R.S.B.C. 1996, c. 385, is amended

(

a) in subsection (1) by striking out "When calculating" and substituting

"Subject to subsection (2), when calculating" ,

(

b) by repealing subsection (2) and substituting the following:

(2) Subsection (1) does not apply

(

a) to a person appointed as a deputy minister on or after September 1, 2001, or

(

b) to a person holding the position of acting deputy minister. , and

(

c) by adding the following subsection:

(2.1) Despite subsection (2) (a), subsection (1) continues to apply to a person who is a deputy minister before September 1, 2001 and is reappointed as a deputy minister on or after that date as long as there is no break in service as a deputy minister.

Section 26 is amended by renumbering the

section as

section 26 (1) and by adding the following subsection:

(2) For greater certainty, a deputy minister appointed on or after September 1, 2001 has no claim for payment of compensation because he or she is ineligible for the benefit provided under

section 13 (1).

Strata Property Act

Section 70 (2) (

a) of the Strata Property Act, S.B.C. 1998, c. 43, is repealed and the following substituted:

(

a) fails to comply with

(

i) the British Columbia Building Code referred to in the Building Regulations of British Columbia,

(ii) any applicable municipal or regional district bylaws, or

(iii) any applicable Nisga'a Government laws, or .

Section 199 is amended by repealing the definition of "leasehold landlord" and substituting the following:

Section 223 (2) (

a) and (

b) is repealed and the following substituted:

(

a) the municipality in which the land is located,

(

b) the regional district in which the land is located if the land is not located in a municipality and is not Nisga'a Lands,

(

c) the Nisga'a Village if the land is located within Nisga'a Village Lands, or

(

d) the Nisga'a Nation if the land is Nisga'a Lands other than Nisga'a Village Lands.

Section 226 (4) is amended by striking out "municipality or regional district" and substituting

"municipality, regional district, Nisga'a Village or Nisga'a

Nation" .

Section 237 is amended

(

a) in subsection (1) by adding "or applicable Nisga'a Government laws" after

"bylaws" , and

(

b) in subsection (2) by striking out "municipality or regional district" and substituting

"municipality, regional district, Nisga'a Village or Nisga'a

Nation" .

Section 242 (1) and (5) is repealed and the following substituted:

(1) For the purposes of this section, "approving authority" means

(

a) the municipal council of the municipality if the land is located in a municipality,

(

b) the regional board of the regional district if the land is located in a regional district but not in a municipality and is not Nisga'a Lands,

(

c) the Nisga'a Village Government if the land is located within Nisga'a Village Lands, or

(

d) the Nisga'a Lisims Government if the land is Nisga'a Lands other than Nisga'a Village Lands.

(5) The approving authority must not approve the strata plan unless the building substantially complies with the following:

(

a) the applicable bylaws of the municipality or regional district;

(

b) applicable Nisga'a Government laws;

(

c) the British Columbia Building Code referred to in the Building Regulations of British Columbia.

Section 258 (4) (

a) and (

b) is repealed and the following substituted:

(

a) one stall per strata lot, or any greater number of stalls required by an applicable municipal bylaw, Nisga'a Government law or other enactment, plus

(

b) one stall per 10 strata lots for visitor parking or any greater number of visitor parking stalls required by an applicable municipal bylaw, Nisga'a Government law or other enactment.

Section 259 (3) (b) (ii) is repealed and the following substituted:

(ii) if a strata lot is being divided, a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws or applicable Nisga'a Government laws, .

19 Sections 259 (3) (b) (iii) and (iv), 261 (1) (b) (i), 262 (3) (c) (iii) and (iv) and 263 (2) (b) (ii) and (iii) are amended by striking out

"if the approval is required" .

Section 262 (3) (c) (ii) is repealed and the following substituted:

(ii) a certificate signed by an approving officer indicating that the proposed amendment complies with any applicable municipal or regional district bylaws or applicable Nisga'a Government laws, .

Section 264 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) If a strata plan amendment under

section 259, 262 or 263 changes unit entitlement, a new

Schedule of Unit Entitlement must be established in accordance with

section 246 by using the same formula for calculations that was used to establish the

Schedule of Unit Entitlement that is being replaced.

(2) If a strata plan amendment under

section 259, 262 or 263 changes voting rights, a new

Schedule of Voting Rights must be established in accordance with

section 247 or 248 by using the same formula for calculations that was used to establish the

Schedule of Voting Rights that is being replaced. , and

(

b) by adding the following subsections:

(5) If an amendment to a

Schedule of Unit Entitlement under

section 261 changes unit entitlement, a new

Schedule of Unit Entitlement must be established in accordance with

section 246 by using the same formula for calculations that was used to establish the

Schedule of Unit Entitlement that is being replaced.

(6) Each of the following must be submitted to the superintendent for approval:

(

a) a new

Schedule of Unit Entitlement established under subsection (1);

(

b) a new

Schedule of Voting Rights established under subsection (2);

(

c) a new

Schedule of Unit Entitlement established under subsection (5).

Section 267 (

d) is amended by striking out "municipal or regional district bylaws" and substituting

"any applicable municipal or regional district bylaws or Nisga'a Government

laws" .

Taxation (Rural Area) Act

Section 1 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by adding the following definition:

"copy taxation notice" means a copy of the taxation notice referred to in

section 21 (2); .

Section 11 is amended by adding the following subsections:

(1.1) If

(

a) a taxpayer reports to the Surveyor of Taxes on or before July 2 of the year the taxes are first levied that the annual taxation notice referred to in

section 21 (2) was not received, and

(

b) the Surveyor of Taxes is satisfied that the taxpayer did not receive the taxation notice,

the Surveyor of Taxes must issue a copy taxation notice to the taxpayer and the taxes levied are due and payable within 38 days after the issue date of that notice.

(1.2) For the purposes of a copy taxation notice issued under subsection (1.1),

(a) subsection (1) does not apply to the taxpayer,

(

b) a reference in subsection (2) (

a) to "a portion of the taxes referred to in subsection (1) remains unpaid on July 2 of the year they are first levied" is deemed to read "a portion of the taxes referred to in subsection (1.1) remains unpaid 38 days after the issue date of the copy taxation notice", and

(

c) a reference in subsections (2) (

b) and (3) to "taxes referred to in subsection (1)" is deemed to read "taxes referred to in subsection (1.1)".

Vancouver Charter

Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by repealing the definition of

"protected heritage property" and substituting the following:

"protected heritage property" means property that is

(

a) protected under

section 13 (2) of the Heritage Conservation

Act ,

(

b) designated as protected under

section 593 [heritage designation

protection] , or

(

c) listed in a

schedule included under

section 596A (3) (b) [designation of heritage conservation areas] in an official development plan; .

Section 200 is amended

(

a) by renumbering the

section as

section 200 (1), and

(

b) by adding the following subsection:

(2) The Council may authorize the expenditure for any lawful purpose of any balance carried forward from a previous year.

Section 201 is repealed and the following substituted:

Investment of city funds

(1) Money held by the city that is not immediately required may be invested or reinvested by the Council in one or more of the following:

(

a) securities of Canada or of a province;

(

b) securities guaranteed for principal and interest by Canada or by a province;

(

c) securities of a municipality, including the city, or a regional district;

(

d) securities of the Greater Vancouver Water District or the Greater Vancouver Sewerage and Drainage District;

(

e) securities of the Municipal Finance Authority;

(

f) securities of or investments guaranteed by a chartered bank;

(

g) deposits in a savings institution, or non-equity or membership shares of a credit union;

(

h) pooled investment funds under

section 16 of the Municipal Finance Authority

Act ;

(

i) any of the investments permitted for the Municipal Finance Authority under

section 16 (3) of the Municipal Finance Authority

Act , including pooled investment portfolios under the Financial Administration

Act .

(2) Section 16 (4) of the Municipal Finance Authority Act applies for the purposes of subsection (1) (

i) of this section.

Section 247A is repealed and the following substituted:

Debt repayment fund

247A.

(1) The Council may, by by-law, provide that all or part of any surplus moneys be set aside in a debt repayment fund for the purpose of providing funds in advance of requirements for annual interest payments on outstanding debentures of the city and for the retirement of those debentures at maturity.

(2) If money in a debt repayment fund is invested under

section 201 [investment of city

funds] , the securities and their revenues shall be held to the credit of the fund.

(3) Money in a debt repayment fund shall be used only for the purpose of reducing the annual levy required to be made under

section 239 [issue of securities to cover debt] for outstanding debentures.

29 Sections 259 and 260 are repealed and the following substituted:

Expenditure may be delayed

(1) Until such time as the proceeds from the sale of debentures are expended, the Council may

(

a) invest the funds in accordance with

section 201 [investment of city

funds] , or

(

b) temporarily use all or part of the funds for other expenditures of the city pending the collection of current taxes each year.

(2) As limits on the authority under subsection (1) (b),

(

a) funds may only be used under that subsection during the period from January 1 to July 15 in each year, and

(

b) the funds shall be returned to Capital Account on or before July 15 in the year they are so used.

Application of securities held as investments from sinking funds

(1) If money in a sinking fund account is invested under

section 201 [investment of city

funds] , the securities and their revenues shall be held to the credit of the applicable sinking fund account.

(2) If more than one sinking fund account is involved, the securities and revenues referred to in subsection (1) shall be allocated in proportion to the money from the accounts used for the investment.

Section 559 is amended by adding the following definition:

"heritage conservation area" means an area designated under

section 561 (2) (c) (iv) in an official development plan; .

Section 561 (2) (

c) is amended

(

a) in subparagraph (ii) by striking out "buildings, and" and substituting

"buildings," ,

(

b) in subparagraph (iii) by striking out "as a whole." and substituting

"as a whole, and" , and

(

c) by adding the following subparagraph:

(iv) for the purposes of heritage conservation, heritage conservation areas in accordance with

section 596A.

Section 562 is amended by adding the following subsections:

(3) Before adopting a by-law under subsection (1), if the official development plan designates a heritage conservation area and includes a

schedule referred to in

section 596A (3) (b), the Council must hold a public hearing.

(4) Section 566 (3) to (5) [amendment or repeal of zoning by-law] applies in respect of a public hearing referred to in subsection (3).

33 The following

section is added:

Temporary protection by introduction of a continuing protection by-law

589A.

(1) For a period of 120 days beginning on the date of first reading of a by-law to adopt or amend an official development plan that designates a heritage conservation area,

section 596B (1) [heritage conservation areas] applies to all properties in the area as if the by-law was already adopted.

(2) For a period of 60 days beginning on the date of first reading of a heritage designation by-law,

section 593 (1) applies to the property to which it relates as if the heritage designation by-law was already adopted.

(3) If the owner of property to which subsection (2) applies agrees, the Council, by by-law, may extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection.

(4) If the issue of compensation for designation is submitted to arbitration under

section 595 [compensation for heritage designation] before the heritage designation by-law is adopted, the period under subsection (2) of this

section is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the Council.

(5) If the Council defeats or decides not to proceed with a by-law, the protection under this

section ends.

Section 596 (1) is repealed and the following substituted:

(1) The Council, by by-law, may establish minimum standards for the maintenance of real property that is

(

a) designated as protected by a heritage designation by-law, or

(

b) within a heritage conservation area.

35 The following sections are added to Division 4 of

Part XXVIII:

Designation of heritage conservation areas

596A.

(1) Subject to this section, if an official development plan designates a heritage conservation area,

section 596B (1) applies to that area.

(2) If an official development plan designates a heritage conservation area,

(

a) the official development plan must

(

i) describe the special features or characteristics that justify the designation, and

(ii) state the objectives of the designation, and

(

b) either the official development plan or a zoning by-law must specify guidelines respecting the manner in which the objectives are to be achieved.

(3) If an official development plan designates a heritage conservation area, the official development plan may do one or more of the following:

(

a) specify conditions under which

section 596B (1) does not apply to property within the area, which conditions may be different for different properties or classes of properties;

(

b) include a

schedule listing buildings, structures, land or features within the area that are to be protected heritage property under this Act;

(

c) for the purposes of

section 596B (3), identify features or characteristics that contribute to the heritage value or heritage character of the area.

(4) At least 10 days before a public hearing required under

section 562 (3) [council powers respecting official development

plan] , the Council must give notice in accordance with

section 599 [giving notice to owners and occupiers] to each owner and each occupier of property that is to be listed in a

schedule included under subsection (3) (b), unless the property

(

a) was already listed in the schedule, or

(

b) was previously designated by by-law under

section 593.

(5) Within 30 days after the adoption of a by-law that lists a property in or deletes a property from a

schedule included under subsection (3) (

b) in an official development plan, the Council must

(

a) file a notice in the land title office in accordance with

section 601 [notice on land

titles] , and

(

b) give notice to the minister responsible for the Heritage Conservation Act in accordance with

section 602 [notice to minister responsible for the Heritage Conservation

Act] .

Heritage conservation areas

596B.

(1) If an official development plan designates a heritage conservation area, a person must not do any of the following unless a heritage alteration permit authorizing the action has been issued:

(

a) subdivide land within the area;

(

b) start the construction of a building or structure or an addition to an existing building or structure within the area;

(

c) alter a building or structure or land within the area;

(

d) alter a feature that is protected heritage property.

(2) Subsection (1) does not apply if conditions established under

section 596A (3) (

a) apply.

(3) If a heritage alteration permit is required by subsection (1), a delegate may only act in relation to such a permit if

(

a) the property is protected heritage property, or

(

b) the permit relates to a feature or characteristic identified under

section 596A (3) (c).

Section 597 is amended

(

a) in subsection (2) by striking out "Subject to the limitation that the use or density of use may not be varied, a heritage alteration permit may, in relation to protected heritage property," and substituting

"A heritage alteration permit may, in relation to protected heritage property or property within a heritage conservation

area," , and

(

b) by adding the following subsection:

(3.1) The following restrictions apply to subsection (2):

(

a) the use or density of use may not be varied;

(

b) in relation to property within a heritage conservation area, the permit must be in accordance with the guidelines established under

section 596A (2) (

b) for the heritage conservation area.

Section 601 (1) is amended by adding the following paragraph:

(

d) property listed in a

schedule included under

section 596A (3) (

b) in an official development plan.

Section 602 (1) is amended by adding the following paragraph:

(

e) property listed in a

schedule included under

section 596A (3) (

b) in an official development plan.

Commencement

(1) Section 2 is deemed to have come into force on October 27, 2000 and is retroactive to the extent necessary to give it effect on and after that date.

(2) Sections 7, 8, 11 to 22, 25 and 30 to 38 come into force by regulation of the Lieutenant Governor in Council.

(3) Sections 9 and 10 are deemed to have come into force on September 1, 2001 and are retroactive to the extent necessary to give them effect on and after that date.

Explanatory Notes

Access to Education Act

(Ministry of Advanced Education)

SECTION 1: [Access to Education Act, repeals the Act] is self explanatory.

Assessment Act

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

SECTION 2: [ Assessment Act, amends

section 1 (2) (k)] clarifies that towers continue to be

assessable improvements regardless of the class of improvements under which

they are to be assessed.

Family Relations Act, R.S.B.C. 1979, c. 121

(Ministry of Attorney General)

SECTION 3: [Family Relations Act, amends

section 83]

repeals subsection (10), which has been held by the Provincial Court of

British Columbia to be constitutionally invalid;

consequentially amends subsection (11) to remove a reference to subsection

(10).

Health Authorities Act

(Ministry of Health Services)

SECTION 4: [Health Authorities Act, amends

section 19.1] repeals the definition of

"consolidated certification".

SECTION 5: [Health Authorities Act, amends

section 19.921]

(

a) extends the time period to 90 days, and

(

b) corrects the references to Labour Relations Board decision No. B73/98.

Industry Training and Apprenticeship Act

(Ministry of Advanced Education)

SECTION 6: [Industry Training and Apprenticeship Act, enacts

section 24.1]

adds a transitional provision to allow for the winding up of the commission.

Municipalities Enabling and Validating Act (No. 3)

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

SECTION 7: [Municipalities Enabling and Validating Act (No.3), enacts

section 4 and

Schedule 1]

deems historic sites designated as such by the Provincial Secretary in

1971 to have been designated by by-law under the Vancouver Charter

as a heritage property to which the Vancouver Charter applies;

precludes compensation for designations deemed by the provision to have

been made by by-law;

requires that Vancouver adopt a by-law to support the deemed designation

and requires that notice of the by-law be published in a newspaper;

enacts a

schedule to the Act that lists the legal descriptions of the sites

designated in 1971.

Protected Areas of British Columbia Act

(Ministry of Sustainable Resource Management)

SECTION 8: [Protected Areas of British Columbia Act, amends

Schedule C] removes

Schedule C Parks from the Act.

Public Service Act

(Ministry of Management Services)

SECTION 9: [Public Service Act, amends

section 13]

(

a) is consequential to the amendment made by paragraph (

b) of this section,

(

b) provides that

section 13 (1) of the Public Service Act does not apply to a deputy minister appointed on or after September 1, 2001 or to an acting deputy minister, and

(

c) clarifies that

section 13 (1) of the Public Service Act continues to apply to a deputy minister who is reappointed as a deputy minister on or after September 1, 2001.

SECTION 10: [Public Service Act, adds

section 26 (2)] clarifies that a deputy minister has no

right to claim compensation arising out of the retroactive amendment to

section 13 (2) of the Public Service Act.

Strata Property Act

(Ministry of Finance)

SECTION 11: [Strata Property Act, repeals and replaces

section 70 (2) (a)] includes Nisga'a

Government laws in the list of laws with which a strata corporation must

comply before approving the removal of all or part of a wall that is a common

boundary.

SECTION 12: [Strata Property Act, amends

section 199] repeals and replaces the definition

of "leasehold landlord" to include a reference to the Nisga'a Nation or a

Nisga'a Village.

SECTION 13: [Strata Property Act, repeals and replaces

section 223 (2) (

a) and (

b) and

adds paragraphs (

c) and (d)] for the purposes of a bond or other security

required under the section, includes Nisga'a governments in the list of governments

in whose favour the bond or other security must be drawn.

SECTION 14: [Strata Property Act, amends

section 226 (4)] includes Nisga'a governments

in the list of governments from whose refusal to release security an owner may

seek relief by applying to the Supreme Court for an order that the security be

released.

SECTION 15: [Strata Property Act, amends

section 237 (1) and (2)] includes Nisga'a

governments in the list of governments with whose laws an owner developer

must comply or whose approval an owner developer requires to proceed with

development after electing not to proceed with the next phase under a Phased

Strata Plan Declaration.

SECTION 16: [Strata Property Act, repeals and replaces

section 242 (1) and (5)] for the

purposes of converting a previously occupied building, includes Nisga'a

governments in the list of governments whose approval is required and

requires that approvals comply with Nisga'a Government laws.

SECTION 17: [Strata Property Act, repeals and replaces

section 258 (4) (

a) and (b)] for the

purposes of defining "extra parking stalls", includes references to Nisga'a

Government laws.

SECTION 18: [Strata Property Act, repeals and replaces

section 259 (3) (b) (ii)] for the

purposes of dividing a strata lot, requires certification that a proposed

amendment to a strata plan complies with any applicable Nisga'a Government

laws.

SECTION 19: [Strata Property Act, amends sections 259 (3), 261 (1), 262 (3) and 263 (2)]

removes words that are no longer applicable as a consequence of the proposed

amendments to

section 264 of the Act made by this Bill.

SECTION 20: [Strata Property Act, repeals and replaces

section 262 (3) (c) (ii)] for the

purposes of applying to the registrar to amend a strata plan by adding land held

by the strata corporation to a strata lot or to create a new strata lot out of that

land, requires certification that the proposed amendment to the strata plan

complies with any applicable Nisga'a Government laws.

SECTION 21: [Strata Property Act, amends

section 264] when a strata plan is

amended, requires the superintendent's approval on a new

Schedule of Unit

Entitlement and a new

Schedule of Voting Rights to ensure a proper allocation

of those rights.

SECTION 22: [Strata Property Act, amends

section 267 (d)] for the purposes of the registrar's

duty to file certificates of compliance, includes a reference to applicable

Nisga'a Government laws.

Taxation (Rural Area) Act

(Ministry of Provincial Revenue)

SECTION 23: [Taxation (Rural Area) Act, amends

section 1] adds a definition.

SECTION 24: [Taxation (Rural Area) Act, adds

section 11 (1.1) and (1.2)] allows the

Surveyor of Taxes to issue a copy of the original taxation notice in cases where

the taxpayer reports that notice has not been received, and provides that the

copy taxation notice is subject to the same provisions respecting penalty for

late payment as the original taxation notice.

Vancouver Charter

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

SECTION 25: [Vancouver Charter, amends

section 2] amends the definition of "protected

heritage property" to include property described for the purpose of a heritage

conservation area.

SECTION 26: [Vancouver Charter, amends

section 200] moves the proposed subsection

(2) from its current placement in

section 201 to a more appropriate location in the

section dealing with expenditure authority.

SECTION 27: [Vancouver Charter, re-enacts

section 201] provides the City of Vancouver

with broader investment powers, equivalent to those of other local governments

and the Municipal Finance Authority.

SECTION 28: [Vancouver Charter, re-enacts

section 247A] is consequential to the expanded

investment powers provided by the proposed

section 201.

SECTION 29: [Vancouver Charter, re-enacts sections 259 and 260] is consequential to the

expanded investment powers provided by the proposed

section 201.

SECTION 30: [Vancouver Charter, amends

section 559] adds a definition of "heritage

conservation area".

SECTION 31: [Vancouver Charter, amends

section 561 (2) (c)] provides authority to

designate a heritage conservation area in a development plan authorized by the

section.

SECTION 32: [Vancouver Charter, adds

section 562 (3) and (4)] requires that a public

hearing be held before the Council adopts an official development plan that

includes designating a heritage conservation area.

SECTION 33: [Vancouver Charter, enacts

section 589A] provides temporary heritage

protection for proposed heritage conservation areas and proposed designated

heritage sites by requiring heritage alteration permits for a period after first

reading of a by-law that would designate the heritage conservation area or

heritage site.

SECTION 34: [Vancouver Charter, repeals and replaces

section 596 (1)] authorizes Council

to establish minimum standards for the maintenance of real property that is

within a heritage conservation area.

SECTION 35: [Vancouver Charter, enacts sections 596A and 596B]

imposes requirements for designating heritage conservation areas in an official development plan, which include describing the circumstances that justify the designation and stating the objectives of the designations;

authorizes the official development plan to

specify the conditions under which a heritage alteration permit is not required,

include a

schedule of buildings, structures, sites or features that are protected, and

identify features that contribute to the heritage character of the area for the purpose of determining when a delegate may act under

section 596B in relation to a permit;

requires that notice of a public hearing be given to the owners and occupiers of property designated in a schedule;

requires that notice of designation of property in a heritage conservation area be filed in the land title office and be given to the minister responsible for the Heritage Conservation Act ;

requires that a person obtain a heritage alteration permit before making specified changes to property in a heritage conservation area;

defines the jurisdiction of a delegate in relation to heritage conservation permits for heritage conservation areas.

SECTION 36: [Vancouver Charter, amends

section 597]

allows heritage alteration permits in relation to a heritage conservation area to override the same types of by-laws as those in relation to protected heritage property;

requires that heritage alteration permits comply with guidelines established for the heritage conservation area.

SECTION 37: [Vancouver Charter, adds

section 601 (1) (d)] requires that notice be filed in

the land title office in respect of heritage property listed in a

schedule to an

official development plan.

SECTION 38: [Vancouver Charter, adds

section 602 (1) (e)] requires that notice be given to

the minister responsible for the Heritage Conservation Act in respect of

heritage property listed in a

schedule to an official development plan.

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© 2002: Queen's Printer, Victoria, British Columbia, Canada