Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

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 ANDREW PETTER

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR HUMAN RIGHTS

BILL 8 – 2000

MISCELLANEOUS STATUTES 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:

College and Institute Act

Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended by adding the following definition:

"British Columbia Adult Graduation Diploma" means the diploma that may be provided to a person who is enrolled at an institution and who has met the requirements for obtaining the British Columbia Adult Graduation Diploma; .

Section 3 is amended by adding the following paragraph:

(c.1) with the minister responsible for the administration of the School Act, establish the requirements for obtaining the British Columbia Adult Graduation Diploma; .

3 Sections 6 and 7 are amended by striking out "and" at the end of paragraph (

b) and by adding the following paragraph:

(b.1) adult basic education, and .

Commercial River Rafting Safety Act

Section 8 (1) of the Commercial River Rafting Safety Act, R.S.B.C. 1996, c. 56, is amended by striking out "the section"

and substituting "section" .

Coroners Act

Section 7 of the Coroners Act , R.S.B.C. 1996, c. 72, is repealed and the following substituted:

Pension plan

7 The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to every coroner to whom a salary is paid under

section

Section 1 of the Supplement to the Coroners Act is repealed.

Credit Union Incorporation Act

Section 35 (4) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is repealed and the following substituted:

(4) The Minister of Finance and Corporate Relations, in respect of assets paid or delivered to the minister under this section, may realize any assets, and any money received or realized under this

section is deemed to be unclaimed money deposits under the Unclaimed Property Act.

Employee Investment Act

Section 19 of the Employee Investment Act, R.S.B.C. 1996, c. 112, is amended by renumbering the

section as

section 19 (1) and by adding the following subsection:

(2) Subsection (1) does not apply if the amount that the eligible business receives in excess of $5 million within a 2 year period is an investment made or held by an employee venture capital corporation that

(

a) is invested in accordance with

section 22 (1) (c), and

(

b) does not have to be invested in eligible investments under the terms of the corporation's employee venture capital plan.

Section 24 (3) (

e) is repealed.

Section 40 (6) (

b) is amended by striking out "and $10 000 in

aggregate" .

Estate Administration Act

Section 67.1 (3) of the Estate Administration Act, R.S.B.C. 1996, c. 122, is repealed and the following substituted:

(3) Section 27.1 of the Public Guardian and Trustee Act applies to net proceeds under subsection (2) that are held in trust by the Public Guardian and Trustee and are not claimed by a beneficiary within the applicable period prescribed under that Act.

Financial Institutions Act

Section 37 (4) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is repealed and the following substituted:

(4) The Minister of Finance and Corporate Relations, in respect of assets paid or delivered to the minister under this section, may realize any assets, and any money received or realized under this

section is deemed to be unclaimed money deposits under the Unclaimed Property Act .

Forest Land Reserve Act

Section 26 of the Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is amended by adding the following subsections:

(4) The commission may waive the fees referred to in subsection (3) if

(

a) the commission considers that a case of hardship exists, or

(

b) the application is for

(

i) the removal of land from the forest land reserve and for inclusion in the agricultural land reserve, or

(ii) a prescribed purpose or circumstance.

(5) If the commission refers the application to a local government, the commission must remit a prescribed portion of the application fee to the local government, unless the fee is waived under subsection (4).

(6) This

section applies despite the Financial Administration Act.

14 The following

section is added:

Reconsideration of decisions

28.1

(1) If the commission determines, on the written request of a person affected or on the commission's own initiative, that

(

a) evidence not available at the time of a decision of the commission under this Act has become available, or

(

b) a decision of the commission under this Act was based, in whole or in part, on evidence that was in error or was false,

the commission may reconsider that decision and may confirm, reverse or vary it.

(2) The commission must give notice of its intention to reconsider a decision under subsection (1) to any person that the commission considers is affected by the reconsideration.

Section 29.1 (2) is repealed and the following substituted:

(2) An official who enters on land or premises under this

section

(

a) may inspect any thing or activity that is reasonably related to the purpose for which the official entered the identified land or premises,

(

b) may require production for inspecting or copying either or both of the following:

(

i) a plan or authorization that is required for the activity;

(ii) a record required to be kept in relation to a requirement of this Act or the regulations, and

(

c) on the request of the person who has apparent custody or control of the property or activity being inspected, must provide proof of identity to that person.

Section 29.3 (2) is amended by striking out "chief officer's" and substituting "chief executive officer's" .

Section 29.97 is amended by adding the following subsections:

(1.1) For any purpose related to carrying out an audit to determine compliance with this Act and the regulations, and at any reasonable time and on reasonable notice, an auditor may enter on

(

a) identified land to which the audit pertains, and

(

b) the business premises of the owner of identified land, unless the business premises constitute a private residence, for the purpose of inspecting or copying records that are relevant to the audit.

(1.2) An auditor who enters on land or premises under this

section

(

a) may inspect any thing or activity that is reasonably related to the purpose of the audit,

(

b) may require production for inspecting or copying either or both of the following:

(

i) a plan or authorization that is required for the activity that is the subject of the audit;

(ii) a record required to be kept in relation to the audit, and

(

c) on the request of the person who has apparent custody or control of the property or activity being audited, must provide proof of identity to that person.

Section 34.2 is amended

(

a) in subsection (1) by adding the following paragraph:

(b.1) a specialist or consultant retained by the government for a purpose under this Act or the regulations; ,

(

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

(2) A person referred to in subsection (1) must not disclose any information or record created or obtained in exercising or performing a power, duty or function under this Act or the regulations, except

(

a) as required under the Freedom of Information and Protection of Privacy Act and the regulations under that Act,

(

b) as required for the performance of the person's powers, duties or functions under this Act or the regulations,

(

c) in any of the following proceedings:

(

i) a trial of a person for perjury;

(ii) a proceeding to enforce powers of investigation under this Act or the regulations;

(iii) a prosecution for an offence under

section 29.91;

(iv) a review or appeal under this Act, or

(

d) in accordance with subsection (3). , and

(

c) by adding the following subsections:

(3) A person referred to in subsection (1) may disclose to the agent of a property owner confidential information relating to the property, if the disclosure has been authorized in writing by the owner.

(4) An agent must not use information disclosed under subsection (3) except for the purposes authorized by the owner referred to in that subsection.

Section 37 (2) (m) (iii) (

I) is repealed and the following substituted:

(

I) the costs of reviews and appeals and the apportionment of those costs among the parties and the intervenors; .

Heritage Conservation Act

Section 35 (3) of the Heritage Conservation Act, R.S.B.C. 1996, c. 187, is amended by striking out "for which

an act or omission the government"

and substituting "for which act or omission the government" .

Section 36 is amended by adding the following subsections:

(6) The time limit for laying an information respecting an offence under this Act or the regulations is 2 years after the facts on which the information is based first came to the knowledge of

(

a) a police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace, or

(

b) an official designated in writing by the minister.

(7) A document purporting to have been issued by the official designated under subsection (6) (

b) certifying the day on which he or she became aware of the facts on which an information is based, is admissible without proof of the signature of the official appearing to have signed the document, and in the absence of evidence to the contrary, is proof of the matter certified.

Highway Act

Section 2 of the Highway Act, R.S.B.C. 1996, c. 188, is amended by striking out "All" and substituting "Subject to

section 4 (3), all" .

Section 4 is amended

(

a) in subsection (2) by striking out "This section" and substituting "Subsection

(1)" , and

(

b) by adding the following subsections:

(3) Section 2 and subsection (1) of this

section do not apply to the Trans Canada Trail, whether or not public money is spent on that trail before or after the coming into force of this subsection.

(4) Nothing in subsection (3) is to be read as including recreational trails within the meaning of roads or travelled roads.

Independent School Act

Section 7 of the Independent School Act, R.S.B.C. 1996, c. 216, is amended

(

a) in subsections (1) and (2) by striking out "or letter of permission"

wherever it appears,

(

b) in subsection (3) by striking out "or a letter of

permission" , and

(

c) in subsection (3) (

b) by striking out "or letter of

permission" .

Section 11 (1) (

b) is amended by striking out "issue the British Columbia certificate of graduation"

and substituting "issue a British Columbia graduation

diploma" .

Institute of Technology Act

Section 1 of the Institute of Technology Act, R.S.B.C. 1996, c. 225, is amended by adding the following definition:

"British Columbia Adult Graduation Diploma" means the diploma that may be provided to a person who is enrolled at the institute and who has met the requirements for obtaining the British Columbia Adult Graduation Diploma; .

27 The following

section is added:

Power of the minister

13.1 The minister may, with the minister responsible for the administration of the School Act, establish the requirements for obtaining the British Columbia Adult Graduation Diploma.

Islands Trust Act

Section 9 (1) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by adding the following paragraph:

(

e) a first nation.

Miscellaneous Statutes Amendment Act, 1999

29 Sections 2 (

c) and 3 of the Miscellaneous Statutes Amendment Act, 1999, S.B.C. 1999, c. 15, are repealed.

Motor Vehicle Act

Section 34 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The exemptions provided by this

section apply only while a person is driving or operating any of the following vehicles in British Columbia:

(

a) a motor vehicle registered under

section 3;

(

b) a motor vehicle registered under

section 21 during the period named in the certificate of registration issued under that section;

(

c) a motor vehicle operated under a permit issued under

section 6 (7) of the Commercial Transport Act;

(

d) a motor vehicle operated under a reciprocal arrangement or agreement made under

section 10 of the Commercial Transport Act;

(

e) a commercial vehicle registered and licensed under the Commercial Transport Act;

(

f) a motor vehicle or trailer in respect of which the owner is exempted under

section 21 (1), but only for the period limited by that subsection.

(1.1) Subject to subsection (1.2), the following persons are exempt, for the period specified, from the requirements respecting the holding of a driver's licence issued to him or her under this Act:

(

a) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident, for 6 months from the date he or she last entered British Columbia;

(

b) a person who has become ordinarily resident in British Columbia and who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws of the jurisdiction where he or she was most recently ordinarily resident, for 90 days after he or she became ordinarily resident in British Columbia;

(

c) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident, for the period that the person is registered as a student at and attends any of the following educational institutions:

(

i) a university, as defined in the University Act;

(ii) an institution, as defined in the College and Institute Act;

(iii) the British Columbia Institute of Technology;

(iv) the University of Northern British Columbia;

(

v) the Technical University of British Columbia;

(vi) Royal Roads University;

(vii) the Open Learning Agency;

(viii) any other educational institution authorized under

an Act to grant degrees.

(1.2) A person claiming an exemption under subsection (1.1) must carry a valid and subsisting driver's or operator's licence or permit on his or her person while operating a motor vehicle referred to in subsection (1) and must produce that driver's or operator's licence or permit to a peace officer on demand. , and

(

b) in subsection (2) by striking out "A person exempt under subsection (1)"

and substituting "A person exempt under subsection (1.1)" .

Section 56 (1) is amended by striking out "referred to in

section 34 (1)"

and substituting "referred to in

section 34 (1.1)" .

Section 94.1 (1) (

a) is amended by striking out "exceeded 80 milligrams of alcohol in 100 millilitres of blood, or" and substituting

"exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle,

or" .

Section 94.6 is amended

(

a) in subsection (1) (

a) by striking out "exceeded 80 milligrams of alcohol in 100 millilitres of blood, or" and substituting

"exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle,

or" , and

(

b) by repealing subsection (2) (

a) and substituting the following:

(

a) the person did not, because of alcohol consumed prior to or while operating or having care or control of a motor vehicle, have a concentration of alcohol in his or her blood that exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle, or .

Section 117 (1) (

a) is amended by striking out "in accordance with

section 118 (4)" and substituting

"in accordance with

section 118 (2)" .

Section 118 is repealed and the following substituted:

Appointment of superintendent and staff

(1) An individual must be appointed as the Superintendent of Motor Vehicles under subsection (2).

(2) The superintendent, a deputy superintendent and other officers, clerks and employees necessary to carry out the powers, duties and functions of the superintendent are to be appointed in accordance with the Public Service Act.

(3) Officers and employees necessary to carry out the powers, duties and functions of the Insurance Corporation of British Columbia are to be appointed in accordance with

section 4 of the Insurance Corporation Act.

Section 206 is amended

(

a) by repealing subsections (1) and (3), and

(

b) by repealing subsection (2).

Section 234 (1) is amended by striking out "exempted under

section 34 (1)"

and substituting "exempted under

section 34 (1.1)" .

Notaries Act

Section 5 (3) of the Notaries Act, R.S.B.C. 1996, c. 334, is amended by striking out

"secretary of the Law Society of British Columbia" and substituting "executive director of the Law Society of British

Columbia" .

Open Learning Agency Act

Section 1 of the Open Learning Agency Act, R.S.B.C. 1996, c. 341, is amended by adding the following definition:

"British Columbia Adult Graduation Diploma" means the diploma that may be provided to a person who is enrolled at the agency and who has met the requirements for obtaining the British Columbia Adult Graduation Diploma; .

Section 16 is amended by striking out "and" at the end of paragraph (a), by adding ", and"

at the end of paragraph (

b) and by adding the following paragraph:

(

c) with the minister responsible for the administration of the School Act, establish the requirements for obtaining the British Columbia Adult Graduation Diploma.

Pension Benefits Standards Act

Section 42 (1) (b.1) of the Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, is repealed and the following substituted:

(b.1) the British Columbia Pension Corporation established under the Public Sector Pension Plans Act, .

Petroleum and Natural Gas Act

Section 1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by repealing the definition of "division"

and substituting the following:

"division" means the administrative unit, within the ministry, that the minister by order may designate as the division for the purpose of this definition; .

Section 58 is amended

(

a) by adding the following subsection:

(2.1) Despite subsection (2), to take into account a delay referred to in paragraph (

c) of this subsection, the director may continue a lease described in subsection (2), during its initial term, for the number of full years nearest to the period of the delay, if

(

a) an application for a geophysical survey or the drilling of a well has been submitted to the commission,

(

b) the director considers that the geophysical survey or the well will provide data relevant to evaluation of the lease, and

(

c) approval of the application is delayed for more than 6 months pending completion of consultations or of an environmental or other evaluation. ,

(

b) by repealing subsection (3) (

c) and substituting the following:

(

c) continue the lease for one year for all or part of its location, if

(

i) the division head approves, for all or part of the location of the lease, as the case may be, a program of work that meets requirements prescribed by the Lieutenant Governor in Council, and

(ii) the lessee undertakes to complete, in a manner satisfactory to the division head, the program of work, as it pertains to the lessee's lease, or , and

(

c) by adding the following subsection:

(4) A lease may not be continued under subsection (3) (

c) more than the prescribed number of times.

Section 62 (2) is repealed and the following substituted:

(2) If a 10 year lease has not been continued under

section 58 or 61 and was or is issued before the date this subsection comes into force, the director may continue the 10 year lease, for all or part of its location and for a maximum of 3 years, on payment by the lessee to the government of

(

a) the rental in accordance with the regulations, and

(

b) an additional amount of $15 for the first year, $25 for the second year and $25 for the third year, multiplied in each case by the number of hectares in the lease location or, if the lease is continued for only part of its location, by the number of hectares in that part.

45 The following

section is added:

Saving

63.1 If a lease expires because of a lessee's failure described in

section 63, the division head, within one year after the date of expiry, may reinstate the lease, for the balance of the term that was in effect immediately before its expiry, if

(

a) the division head is satisfied that the failure was due to inadvertence or circumstances beyond the lessee's control, other than financial circumstances,

(

b) there has been no disposition under

section 71 of any of the petroleum or natural gas that was subject to the lease immediately before its expiry,

(

c) the lessee pays the rental and does the work, and

(

d) the lessee pays a fee of $500.

Section 133 (2) is amended by adding the following paragraph:

(d.1) make regulations prescribing requirements for

section 58 (3) (c), including but not limited to regulations

(

i) prescribing guidelines for use by the division head in exercising his or her discretion under

section 58 (3) (c),

(ii) prescribing limits on the division head's discretion under

section 58 (3) (c),

(iii) defining, by type, intended outcome or on any other basis the Lieutenant Governor in Council considers appropriate the work required or permitted to be included as part of a program of work,

(iv) defining categories of leases, by size of leased area, by size, depth or extent of a pool or field of petroleum or natural gas that pertains in whole or in part to the lease, by geographic location of the petroleum or natural gas leased, by the extent of development of the property leased or on any other basis the Lieutenant Governor in Council considers appropriate, and

(

v) prescribing differently for the different categories defined under subparagraph (iv); .

Provincial Court Act

Section 21 (2) (

c) of the Provincial Court Act, R.S.B.C. 1996, c. 379, is repealed and the following substituted:

(

c) the president of the Law Society of British Columbia or a person nominated by the president; .

Public Guardian and Trustee Act

48 The Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by adding the following section:

Unclaimed money

27.1

(1) If a person who has a legal or equitable interest in all or part of money held by the Public Guardian and Trustee on behalf of a person or estate does not claim the money within the applicable period prescribed for the purposes of this section, the Public Guardian and Trustee must pay the money to the Minister of Finance and Corporate Relations.

(2) Money paid to the Minister of Finance and Corporate Relations under subsection (1) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.

Section 28 is amended

(

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

(e.1) prescribing, by reference to events specified by the Public Guardian and Trustee or otherwise, time periods for the purposes of

section 27.1; , and

(

b) by adding the following subsection:

(3) A regulation under subsection (2) (e.1) may provide differently for money held by the Public Guardian and Trustee under different authorities.

Public Sector Pension Plans Act

Section 11 (4) of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is repealed and the following substituted:

(4) For the purpose of the application of the Public Service Act to subsection (1), the chief executive officer is deemed to be a deputy minister.

Section 19 is amended by adding the following subsections:

(11.1) The Deputy Minister of Finance and Corporate Relations may appoint one of the other directors to act, in the Deputy Minister's absence, as chair of the investment management board, but the appointment may be made only if

(

a) a quorum has been established under subsection (11) consisting of fewer than the number of directors required under subsection (10), and

(

b) the Deputy Minister's presence is not necessary for constituting the quorum.

(11.2) A director appointed under subsection (11.1) to act as chair is not entitled to vote on behalf of the Deputy Minister of Finance and Corporate Relations on any matter before the investment management board.

Section 91 is repealed.

School Act

Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following definition:

"British Columbia Adult Graduation Diploma" means the diploma that may be provided to a person who is enrolled at a school, francophone school or Provincial school and who has met the requirements for obtaining the British Columbia Adult Graduation Diploma; .

Section 14 is amended

(

a) in subsection (1) by striking out "superintendent of schools for the district in which that child resides."

and substituting "superintendent of schools for the school district in which that child

resides." , and

(

b) in subsection (1.1) by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) in the case of a child registered under

section 13 with a francophone school, to the chief executive officer of the francophone education authority for the francophone school district in which that child resides, and

(

b) in the case of a child registered under

section 13 with a school, an independent school or the minister, to the superintendent of schools for the school district in which that child resides.

55 Sections 75 (8) (b), 82 (1) (a), (2.1) (

a) and (2.2) (

a) and 166.25 (7) (

b) are amended by striking out "set out in the orders of the

minister" .

Section 168 is amended

(

a) in subsection (2) (

b) by adding "subject to subsection (5),"

at the beginning, and

(

b) by adding the following subsection:

(5) The minister may, with the minister responsible for public post-secondary institutions, establish the requirements for obtaining the British Columbia Adult Graduation Diploma.

South Moresby Implementation Account Act

Section 1 of the South Moresby Implementation Account Act, R.S.B.C. 1996, c. 435, is amended by repealing the definition of "agreement"

and substituting the following:

Teaching Profession Act

Section 19 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended by striking out "a council member and any member of a committee appointed by the council"

and substituting "a council member, any member of a committee appointed by the council and any member of a subcommittee appointed under sections 26 (1.1), 27 (1.1) and 28

(1.1)" .

Section 21 (

e) is amended by striking out "except those concerning"

and substituting "except those relating to" .

Section 23 (1) is amended

(

a) in paragraph (

n) by striking out "the costs of proceedings before the discipline committee,"

and substituting "the costs of proceedings before the discipline committee or a subcommittee of that

committee," , and

(

b) by adding the following paragraph:

(

o) providing for the delegation of the council's powers of appointment and delegation under sections 26 (1.1), 27 (1.1) and 28 (1.1) to the chair of the college with the limitations and conditions the council considers appropriate.

Section 23 (5) is repealed and the following substituted:

(5) The fact that a council member is a member of the discipline committee or a subcommittee of the discipline committee does not prevent the member from sitting as a council member on the consideration of a report of that committee or subcommittee.

Section 26 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The council must appoint a qualifications committee and must designate 2 council members as chair and vice chair of the committee. ,

(

b) by adding the following subsections:

(1.1) The council may appoint in accordance with the bylaws one or more subcommittees of the qualifications committee and may delegate to a subcommittee so appointed any powers or duties of the committee under the Act or bylaws.

(1.2) A person appointed to a subcommittee under subsection (1.1) may not sit on another subcommittee appointed under subsection (1.1) with respect to the same matter. ,

(

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

(2) Each member of the council is eligible to sit on the qualifications committee. ,

(

d) in subsection (5) by striking out ", the qualifications committee"

and substituting ", the qualifications committee or a subcommittee appointed under subsection

(1.1)" ,

(

e) in subsection (8) by striking out "continue to be a member of the qualifications committee"

and substituting "continue to be a member of the qualifications committee or a subcommittee appointed under subsection

(1.1)" , and

(

f) by repealing subsection (9) and substituting the following:

(9) The fact that a council member is a member of the qualifications committee or a subcommittee appointed under subsection (1.1) does not prevent the member from sitting as a council member on the consideration of a report of that committee or subcommittee.

Section 27 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The council must appoint a teacher education programs committee and must designate 2 council members as chair and vice chair of the committee. ,

(

b) by adding the following subsections:

(1.1) The council may appoint in accordance with the bylaws one or more subcommittees of the teacher education programs committee and may delegate to a subcommittee so appointed any powers or duties of the committee under the Act or bylaws.

(1.2) A person appointed to a subcommittee under subsection (1.1) may not sit on another subcommittee appointed under subsection (1.1) with respect to the same matter. , and

(

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

(2) Each member of the council is eligible to sit on the teacher education programs committee.

Section 28 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The council must appoint a discipline committee and must designate 2 council members as chair and vice chair of the committee. ,

(

b) by adding the following subsections:

(1.1) The council may appoint in accordance with the bylaws one or more subcommittees of the discipline committee and may delegate to a subcommittee so appointed any powers or duties of the committee under the Act or bylaws.

(1.2) A person appointed to a subcommittee under subsection (1.1) may not sit on another subcommittee appointed under subsection (1.1) with respect to the same matter. ,

(

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

(2) Each member of the council is eligible to sit on the discipline committee. , and

(

d) in subsection (6) by striking out "continue to be a member of the discipline committee"

and substituting "continue to be a member of the discipline committee or a subcommittee appointed under subsection

(1.1)" .

Section 32 (3) is amended by striking out "the council or discipline committee has the powers,"

and substituting "the council, discipline committee or subcommittee has the

powers," .

Section 40 is amended by striking out "determination or order of the qualifications committee, discipline committee or council"

and substituting "determination or order of the qualifications committee, discipline committee, a subcommittee of either, or the

council" .

Traffic Safety Statutes Amendment Act, 1997

Section 15 (

b) of the Traffic Safety Statutes Amendment Act, 1997, S.B.C. 1997, c. 43, is repealed.

Unclaimed Property Act

Section 4 of the Unclaimed Property Act, S.B.C. 1999, c. 48, is amended

(

a) in paragraph (

a) by striking out "all unclaimed money deposits"

and substituting "unclaimed money deposits" , and

(

b) by repealing paragraph (

b) and substituting the following:

(

b) include in the electronic or other database the prescribed particulars for each unclaimed money deposit that meets or exceeds the prescribed amount, and .

Section 17 (2) is amended

(

a) in paragraph (

d) by striking out "sections 3, 7 (2) (

a) and 9 (1) (b);"

and substituting "sections 3, 4, 7 (2) (

a) and 9 (1) (b);" , and

(

b) in paragraph (

e) by striking out "for the purpose of

section 3"

and substituting "for the purposes of sections 3 and 4" and by striking out "for the purpose of

section 9" and substituting "for the purposes of sections 9 and

11" .

University Act

Section 57 of the University Act, R.S.B.C. 1996, c. 468, is repealed and the following substituted:

Investments

57 Subject to a contrary intent expressed in a gift, devise, bequest or trust,

section 15 of the Trustee Act does not apply to investments made by a board of a university and each board

(

a) may invest money belonging to the university and available for investment, and

(

b) must, when investing under paragraph (a), make investments that a prudent person would make.

Waste Management Act

Section 3 (5) (

g) of the Waste Management Act, R.S.B.C. 1996, c. 482, is repealed.

Section 24.4 (1) is amended by striking out "sections 19, 19.1 and 24.2"

and substituting "sections 19, 19.1, 24 and 24.2" .

Commencement

(1) Sections 1 to 3, 8 to 10, 11, 13, 18, 19, 25 to 27, 29, 32 to 35, 36 (a), 38 to 40, 42 to 49, 53, 55, 56, 58 to 66, 67 and 70 come into force by regulation of the Lieutenant Governor in Council.

(2) Sections 41 and 50 are deemed to have come into force on April 1, 2000 and are retroactive to the extent necessary to give them effect on and after that date.

(3) Section 57 is deemed to have come into force on March 31, 2000 and is retroactive to the extent necessary to give it effect on and after that date.

Explanatory Notes

College and Institute Act

(Ministry of Advanced Education, Training and Technology)

SECTION 1: [College and Institute Act, amends

section 1] is self explanatory.

SECTION 2: [College and Institute Act, adds

section 3 (c.1)] allows the minister responsible

for the College and Institute Act to establish, with the Minister of Education,

the requirements for obtaining the British Columbia Adult Graduation

Diploma.

SECTION 3: [College and Institute Act, adds sections 6 (b.1) and 7 (b.1)] includes the

provision of adult basic education as an object of colleges and university

colleges.

Commercial River Rafting Safety Act

(Ministry of Environment, Lands and Parks)

SECTION 4: [Commercial River Rafting Safety Act, amends

section 8 (1)] corrects a

statute revision error.

Coroners Act

(Ministry of Attorney General)

SECTION 5: [Coroners Act, re-enacts

section 7] is consequential to the Public Sector

Pension Plans Act.

SECTION 6: [Coroners Act, repeals

section 1 of the Supplement] repeals an obsolete

amendment that has never been brought into force.

Credit Union Incorporation Act

(Ministry of Finance and Corporate Relations)

SECTION 7: [Credit Union Incorporation Act, repeals and replaces

section 35 (4)]

removes the authority of the Minister of Finance and Corporate Relations to

invest unclaimed money paid to the minister by a liquidator after a credit union

is wound up.

Employee Investment Act

(Ministry of Small Business, Tourism and Culture)

SECTION 8: [Employee Investment Act, adds

section 19 (2)] changes the limit on investment

by an employee venture capital corporation in an individual eligible

business from $5 million in any 2 year period to $5 million of eligible investments

in any 2 year period.

SECTION 9: [Employee Investment Act, repeals

section 24 (3) (e)] repeals the lifetime limit

on tax credits to which an employee venture capital corporation shareholder is

entitled under

section 24 of the Income Tax Act.

SECTION 10: [Employee Investment Act, amends

section 40 (6) (b)] is consequential to the

repeal of the lifetime tax credit limit.

Estate Administration Act

(Ministry of Attorney General)

SECTION 11: [Estate Administration Act, repeals and replaces

section 67.1 (3)] is consequential

to the proposed

section 27.1 of the Public Guardian and Trustee Act.

Financial Institutions Act

(Ministry of Finance and Corporate Relations)

SECTION 12: [Financial Institutions Act, repeals and replaces

section 37 (4)] removes the

authority of the Minister of Finance and Corporate Relations to invest

unclaimed money paid to the minister by a liquidator after a trust company or

insurance company is wound up or dissolved.

Forest Land Reserve Act

(Ministry of Forests)

SECTION 13: [Forest Land Reserve Act, adds

section 26 (4) to (6)] standardizes provisions

of the Forest Land Reserve Act and the Agricultural Land Reserve Act, and

removes barriers to include land in the appropriate reserve.

SECTION 14: [Forest Land Reserve Act, enacts

section 28.1] standardizes provisions of the

Forest Land Reserve Act and the Agricultural Land Reserve Act by preventing

applicants from having to pay new application fees for a reconsideration of the

original decision when that is appropriate.

SECTION 15: [Forest Land Reserve Act, repeals and replaces

section 29.1 (2)] harmonizes

the language of

section 29.1 (2) with

section 29.97 (1.2) added by this Bill.

SECTION 16: [Forest Land Reserve Act, amends

section 29.3 (2)] changes title to chief

executive officer to reflect amendments made to the Act by the Land Reserve

Commission Act.

SECTION 17: [Forest Land Reserve Act, adds

section 29.97 (1.1) and (1.2)] establishes the

powers and responsibilities of an auditor entering onto private land to carry out

an audit under the Act.

SECTION 18: [Forest Land Reserve Act, amends

section 34.2] strengthens the provisions

dealing with the disclosure of information obtained under the Act.

SECTION 19: [Forest Land Reserve Act, repeals and replaces

section 37 (2) (m) (iii) (I)]

clarifies that costs may be apportioned among intervenors as well as the parties

to a review or appeal under the Act.

Heritage Conservation Act

(Ministry of Small Business, Tourism and Culture)

SECTION 20: [Heritage Conservation Act, amends

section 35 (3)] is a housekeeping

amendment to remove an extra "an" from

section 35 (3).

SECTION 21: [Heritage Conservation Act, adds

section 36 (6) and (7)]

provides a 2 year limitation period from the time a peace officer or designated official have knowledge of an offence under the Act or regulations for starting a prosecution for the offence;

provides for the admissibility of a certificate of the designated official certifying when he or she became aware of the facts that form the basis of the offence.

Highway Act

(Ministry of Transportation and Highways)

SECTION 22: [Highway Act, amends

section 2] links

section 2 of the Highway Act to the

qualification applicable to that

section in

section 4 of that Act as amended by

this Bill.

SECTION 23: [Highway Act, amends

section 4] clarifies that sections 2 and 4 (1) of the

Highway Act do not apply to the Trans Canada Trail, and confirms that that

clarification is not to be read as including recreational trails within the meaning

of "roads" or "travelled roads" for the purposes of the Highway Act.

Independent School Act

(Ministry of Education)

SECTION 24: [Independent School Act, amends

section 7] removes references to letters of

permission issued under the Teaching Profession Act.

SECTION 25: [Independent School Act, amends

section 11 (1) (b)] recognizes the possibility

of more than one type of graduation diploma.

Institute of Technology Act

(Ministry of Advanced Education, Training and Technology)

SECTION 26: [Institute of Technology Act, amends

section 1] is self explanatory.

SECTION 27: [Institute of Technology Act, enacts

section 13.1] allows the minister responsible

for the Institute of Technology Act to establish, with the Minister of

Education, the requirements for obtaining the British Columbia Adult Graduation

Diploma.

Islands Trust Act

(Ministry of Municipal Affairs)

SECTION 28: [Islands Trust Act, adds

section 9 (1) (e)] authorizes the trust committee to

enter into agreements with first nations respecting the coordination of activities

in the trust area for the purpose of the objects of the trust.

Miscellaneous Statutes Amendment Act, 1999

(Ministry of Attorney General)

SECTION 29: [Miscellaneous Statutes Amendment Act, 1999, repeals sections 2 (

c) and 3]

repeals not in force provisions that were superseded by a similar amendment to

section 112 of the Estate Administration Act made by the Adult Guardianship

Statutes Amendment Act, 1999.

Motor Vehicle Act

(Ministry of Labour)

SECTION 30: [Motor Vehicle Act, amends

section 34]

sets out the motor vehicles for which the persons specified are exempt from holding a British Columbia driver's licence while driving;

exempts, for a period of 6 months, visitors to British Columbia and other non-residents from the obligation to hold a British Columbia driver's licence;

exempts, for a period of 90 days, new residents from the obligation to hold a British Columbia driver's licence;

exempts out of Province students from the obligation to hold a British Columbia driver's licence as long as they are registered with and attending certain post-secondary institutions;

imposes obligations on exempt drivers to carry a valid licence with them while driving in British Columbia and produce that licence to a peace officer on demand;

consequentially amends subsection (2).

SECTION 31: [Motor Vehicle Act, amends

section 56 (1)] is consequential to the amendments

section 34.

Motor Vehicle Act

(Ministry of Transportation and Highways)

SECTION 32: [Motor Vehicle Act, amends

section 94.1 (1) (a)] establishes that if a peace

officer has reasonable and probable grounds to believe that a person's blood

alcohol content exceeds 80 milligrams of alcohol in 100 millilitres of blood any

time within 3 hours after driving a motor vehicle, the person is subject to a 90

day administrative driving prohibition.

SECTION 33: [Motor Vehicle Act, amends

section 94.6] provides that the superintendent

must confirm an administrative driving prohibition if he or she is satisfied that

the person's blood alcohol content exceeded 80 milligrams of alcohol in

100 millilitres of blood any time within 3 hours after driving a motor vehicle

and that the superintendent must revoke the prohibition if he or she is satisfied

that the person's blood alcohol content did not exceed 80 milligrams of alcohol

in 100 millilitres of blood any time within 3 hours after driving a motor vehicle.

SECTION 34: [Motor Vehicle Act, amends

section 117 (1) (a)] changes a cross reference

consequential to the re-enactment of

section 118.

SECTION 35: [Motor Vehicle Act, re-enacts

section 118] provides for the appointment of the

Superintendent of Motor Vehicles under the Public Service Act rather than by

the Lieutenant Governor in Council.

Motor Vehicle Act

(Ministry of Labour)

SECTION 36: [Motor Vehicle Act, amends

section 206] repeals provisions that overlap with

other British Columbia legislation or are more effectively covered by federal

legislation that will be adopted by regulation.

SECTION 37: [Motor Vehicle Act, amends

section 234 (1)] is consequential to the amendments

section 34.

Notaries Act

(Ministry of Attorney General)

SECTION 38: [Notaries Act, amends

section 5 (3)] is consequential to the Legal Profession

Act enacted in 1998.

Open Learning Agency Act

(Ministry Responsible for Rural Development)

SECTION 39: [Open Learning Agency Act, amends

section 1] is self explanatory.

SECTION 40: [Open Learning Agency Act, adds

section 16 (c)] allows the minister responsible

for the Open Learning Agency Act to establish, with the Minister of

Education, the requirements for obtaining the British Columbia Adult Graduation

Diploma.

Pension Benefits Standards Act

(Ministry of Labour)

SECTION 41: [Pension Benefits Standards Act, repeals and replaces

section 42 (1) (b.1)]

enables the British Columbia Pension Corporation to be an authorized pension

fund holder.

Petroleum and Natural Gas Act

(Ministry of Energy and Mines)

SECTION 42: [Petroleum and Natural Gas Act, amends

section 1] allows designation of the

appropriate unit within the ministry as the "division" for purposes of the provisions

of the Act that refer to "division" or "division head".

SECTION 43: [Petroleum and Natural Gas Act, amends

section 58]

provides for continuation of certain leases during their initial terms, in order to take into account delays of more than 6 months in obtaining approvals to applications for geophysical surveys or the drilling of wells, pending completion of consultations or of environmental or other evaluations;

re-enacts

section 58 (3) (c), which allows continuation of leases in conjunction with work programs undertaken by lessees, to enable the Lieutenant Governor in Council to prescribe the work program requirements;

adds

section 58 (4) to permit a prescribed limit on the number of continuations under

section 58 (3) (c).

SECTION 44: [Petroleum and Natural Gas Act, repeals and replaces

section 62 (2)] limits

the 10 year leases that may be continued for up to 3 more years (on payment of

the rental and the additional amounts shown) to only those 10 year leases

issued before the date this amendment to

section 62 (2) of the Act comes into

force.

SECTION 45: [Petroleum and Natural Gas Act, enacts

section 63.1] gives the division head

discretion to reinstate a lease that has lapsed because the lessee did not pay the

rental or do required work. The discretion may be exercised only if the division

head is "satisfied that the failure was due to inadvertence or circumstances

beyond the lessee's control, other than financial circumstances".

SECTION 46: [Petroleum and Natural Gas Act, adds

section 133 (2) (d.1)] authorizes the

Lieutenant Governor in Council to prescribe work program requirements for

the purposes of

section 58 (3) (

c) of the Act, as re-enacted by this Bill.

Provincial Court Act

(Ministry of Attorney General)

SECTION 47: [Provincial Court Act, repeals and replaces

section 21 (2) (c)] is consequential

to the Legal Profession Act enacted in 1998.

Public Guardian and Trustee Act

(Ministry of Attorney General)

SECTION 48: [Public Guardian and Trustee Act, enacts

section 27.1] directs the Public

Guardian and Trustee to pay unclaimed money to the Minister of Finance and

Corporate Relations so that the Unclaimed Property Act will apply.

SECTION 49: [Public Guardian and Trustee Act, amends

section 28] authorizes the Lieutenant

Governor in Council to make regulations for determining the time at

which unclaimed money is to be paid over to the Minister of Finance and

Corporate Relations.

Public Sector Pension Plans Act

(Ministry of Finance and Corporate Relations)

SECTION 50: [Public Sector Pension Plans Act, repeals and replaces

section 11 (4)] gives

the Chief Executive Officer of the British Columbia Pension Corporation the

status of a deputy minister, but only for the purpose of applying the Public

Service Act to the officers and employees of the corporation.

SECTION 51: [Public Sector Pension Plans Act, adds

section 19 (11.1) and (11.2)] permits

the appointment of a director to act as chair of the investment management

board in the absence of the Deputy Minister of Finance and Corporate Relations.

SECTION 52: [Public Sector Pension Plans Act, repeals

section 91] repeals an amendment

to the Pension Benefits Standards Act that will not be brought into force.

School Act

(Ministry of Education)

SECTION 53: [School Act, amends

section 1 (1)] is self explanatory.

SECTION 54: [School Act, amends

section 14] corrects an omission from 1997 by specifying

the authority to which a complaint about a home-schooled child who is registered

with a school, an independent school or the minister and who is not

receiving an educational program may be made.

SECTION 55: [School Act, amends sections 75 (8) (b), 82 (1) (a), (2.1) (

a) and (2.2) (

a) and

166.25 (7) (b)] removes the reference to orders of the minister in relation to

graduation requirements to recognize the involvement of the minister responsible

for public post-secondary institutions in establishing some of those

requirements.

SECTION 56: [School Act, amends

section 168] allows the Minister of Education to establish,

with the minister responsible for public post-secondary institutions, the

requirements for obtaining the British Columbia Adult Graduation Diploma.

South Moresby Implementation Account Act

(Ministry of Forests)

SECTION 57: [South Moresby Implementation Account Act, amends

section 1] ensures that

the definition of agreement for the purposes of the Act includes amendments

made to the agreement on or before March 31, 2000.

Teaching Profession Act

(Ministry of Education)

SECTION 58: [Teaching Profession Act, amends sections 19] is consequential to providing

for subcommittees of the qualifications committee, the teacher education

programs committee and the discipline committee. Permits subcommittee

members to recover expenses from the college.

SECTION 59: [Teaching Profession Act, amends

section 21 (e)] clarifies that the council is

only precluded from delegating to committees the powers and duties assigned

to council under the Act that relate to the named committees.

SECTION 60: [Teaching Profession Act, amends

section 23 (1)]

amends the bylaw powers of council consequential to providing for subcommittees of the qualifications committee, the teacher education programs committee and the discipline committee;

adds a bylaw power to permit the council to delegate to the chair of the college its powers to appoint and delegate to subcommittees of the qualifications committee, the teacher education programs committee and the discipline committee.

SECTION 61: [Teaching Profession Act, repeals and replaces

section 23 (5)] is consequential

to providing for subcommittees of the discipline committee.

SECTION 62: [Teaching Profession Act, amends

section 26]

amends the

section to provide for the appointment of subcommittees of the qualifications committee and the delegation to the subcommittees of powers and duties of the committee;

changes council members' membership on the committee from an entitlement to an eligibility.

SECTION 63: [Teaching Profession Act, amends

section 27]

amends the

section to provide for the appointment of subcommittees of the teacher education programs committee and the delegation to the subcommittees of powers and duties of the committee;

changes council members' membership on the committee from an entitlement to an eligibility.

SECTION 64: [Teaching Profession Act, amends

section 28]

amends the

section to provide for the appointment of subcommittees of the discipline committee and the delegation to the subcommittees of powers and duties of the committee;

changes council members' membership on the committee from an entitlement to an eligibility.

SECTION 65: [Teaching Profession Act, amends

section 32 (3)] is consequential to

providing for subcommittees of the discipline committee.

SECTION 66: [Teaching Profession Act, amends

section 40] is consequential to providing

for subcommittees of the qualifications committee and the discipline

committee.

Traffic Safety Statutes Amendment Act, 1997

(Ministry of Transportation and Highways)

SECTION 67: [Traffic Safety Statutes Amendment Act, 1997, repeals

section 15 (b)] repeals

a paragraph that is not in force.

Unclaimed Property Act

(Ministry of Finance and Corporate Relations)

SECTION 68: [Unclaimed Property Act, amends

section 4 (

a) and (b)] removes the requirement

that a database of all unclaimed money deposits be maintained. Information

need not be included in the database unless a deposit meets or exceeds a

prescribed amount.

SECTION 69: [Unclaimed Property Act, amends

section 17 (2) (

d) and (e)] authorizes the

Lieutenant Governor in Council to make regulations prescribing minimum

amounts for purposes of the unclaimed money database and specifying what

constitutes a single deposit for those purposes.

University Act

(Ministry of Advanced Education, Training and Technology)

SECTION 70: [University Act, re-enacts

section 57] broadens the range of investments that

may be made by a board of a university to include all investments that a prudent

person might make.

Waste Management Act

(Ministry of Environment, Lands and Parks)

SECTION 71: [Waste Management Act, repeals

section 3 (5) (g)] repeals a provision that is

now dealt with by regulation.

SECTION 72: [Waste Management Act, amends

section 24.4 (1)] provides a power to

delegate to officers and employees of the Greater Vancouver Regional District

certain of its functions and duties in respect of the control of air contaminants.

Copyright

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