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2001 Legislative Session: 2nd Session, 37th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 27th day of August, 2001

Ian D. Izard, Law Clerk

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 23 – 2001

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 2), 2001

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

Budget Measures Implementation Act, 2000

Section 99 of the Budget Measures Implementation Act, 2000, S.B.C. 2000, c. 22, is repealed.

Constitution Act

2 The Constitution Act, R.S.B.C. 1996, c. 66, is amended by adding the following section:

Use of vehicles by Cabinet members

26.1

(1) A member of the Legislative Assembly who is a member of the Executive Council may accept for personal as well as official use a vehicle provided by the government.

(2) This

section applies to the acceptance or use of a vehicle on or after April 1, 2001.

Financial Administration Act

Section 27 (1) of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by adding the following paragraph:

Health Act

Section 8 (2) (

e) of the Health Act, R.S.B.C. 1996, c. 179, is amended by striking out "therein"

and substituting "in those" .

Industrial Development Incentive Act

5 The Industrial Development Incentive Act, R.S.B.C. 1996, c. 221, is amended by adding the following section:

No new loans or investments

2.1 After the date this

section comes into force,

(

a) the minister must not make any loans under

section 1, and

(

b) the Lieutenant Governor in Council must not, under

section 2, approve any loans or investments.

Section 3 (2) (

b) is amended by striking out "$600 million."

and substituting "$496 785 857."

Livestock Act

Section 10 (3) of the Livestock Act, R.S.B.C. 1996, c. 270, is amended by striking out "changeable"

and substituting "chargeable" .

Members' Conflict of Interest Act

Section 9 (4) (

d) of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287, is repealed and the following substituted:

(

d) within 60 days after the formation of the trust, and after that annually, the trustees must provide the commissioner with a confidential report, in a form acceptable to the commissioner, disclosing the assets, liabilities and financial interests contained in the trust.

Section 16 is amended

(

a) in subsection (2) by striking out "The disclosure statement must contain"

and substituting "Subject to subsection (2.1), the disclosure statement must

contain" , and

(

b) by adding the following subsection:

(2.1) The disclosure statement of a member of the Executive Council who has complied with

section 9 (1) (

b) by entrusting his or her business to one or more trustees need not contain a statement of the nature of the assets, liabilities and financial interests contained in the trust.

Motor Carrier Act

Section 58 (1) of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended by striking out

"shall" .

Pacific National Exhibition Incorporation Act

11 Sections 7 to 9 of the Pacific National Exhibition Incorporation Act, S.B.C. 1973, c. 66, are repealed and the following substituted:

Appointment of board

(1) The board is to consist of not more than 5 directors appointed by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may appoint a director to act as chair of the board, to hold this office until the earliest of

(

a) the date that the person ceases to hold office as director,

(

b) the termination date, if any, stated in the order of appointment, and

(

c) the date the appointment is rescinded by the Lieutenant Governor in Council.

Provincial Court Act

Section 13 (13) of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended by striking out "within 21 sitting days"

and substituting "within 21 days" .

Public Service Labour Relations Act

Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in paragraph (

v) of the definition

"employee" by striking out "Cabinet Policy and Communications Secretariat"

and substituting "Public Affairs Bureau" .

Regulations Act

Section 3 (2) of the Regulations Act, R.S.B.C. 1996, c. 402, is repealed and the following substituted:

(2) The registrar must not accept a regulation for deposit until the registrar is satisfied that

(

a) it has been examined by a person referred to in

section 2, and

(

b) other prescribed criteria have been met.

Section 11 (2) is amended

(

a) by repealing paragraph (a.1) and substituting the following:

(a.1) prescribing criteria for the purposes of

section 3 (2) (b); , and

(

b) in paragraph (

b) by striking out "replaced by them, and"

and substituting "replaced by them;" .

Regulatory Impact Statement Act

16 The Regulatory Impact Statement Act , S.B.C. 1999, c. 19, is repealed.

Special Accounts Appropriation and Control Act

Section 1 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is repealed and the following substituted:

Definitions

1 In this Act:

"special account" means an account in the general fund of the consolidated revenue fund where the authorization to expend money from the account is located in

an Act other than a Supply

Act ;

"Treasury Board" means the Treasury Board continued by the Financial Administration

Act .

Section 4 is amended

(

a) in subsection (1) by striking out "Minister of Aboriginal Affairs"

and substituting "Minister of Community, Aboriginal and Women's

Services" , and

(

b) by adding the following subsection:

(3) The balance of the First Citizens Fund special account is increased by

(a) $9 million effective on a day before April 1, 2002, as determined by Treasury Board, and

(

b) an additional $9 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.

Section 6 (1) is amended by striking out "Minister of Environment, Lands and Parks"

wherever it occurs and substituting "Minister of Water, Land and Air

Protection" .

Section 7 (2) and (7) is amended by striking out "Minister of Finance and Corporate Relations"

and substituting "Minister of Finance" .

Section 8 is amended

(

a) by striking out "Minister of Finance and Corporate Relations"

and substituting "Minister of Finance" , and

(

b) by renumbering the

section as

section 8 (1), and by adding the following subsection:

(2) The balance of the Physical Fitness and Amateur Sports Fund special account is increased by

(a) $5.5 million effective on a day before April 1, 2002, as determined by Treasury Board, and

(

b) an additional $5.5 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.

22 The following

section is added:

Olympic Arts Fund

(1) A special account, to be known as the Olympic Arts Fund special account, is established.

(2) The special account established under subsection (1) consists of the following:

(

a) an initial balance of $5 million, established on a day before April 1, 2002, as determined by Treasury Board;

(

b) an additional $5 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.

(3) The Minister of Community, Aboriginal and Women's Services may pay out of the special account any interest calculated on and attributable to the balance in the special account to fund cultural and artistic activities that will promote

(

a) the bid for hosting the 2010 Winter Olympic Games in British Columbia, or

(

b) the hosting of those Winter Olympic Games.

Wildlife Act

Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended in the definition of

"fish" by striking out "Mullusca" and substituting

"Mollusca" .

Hydro Rate Freeze

Hydro rate freeze

24 Despite the Utilities Commission Act, until March 31, 2003, or an earlier date that the Lieutenant Governor in Council may prescribe,

(

a) those rate schedules of British Columbia Hydro and Power Authority that are identified in the Table by the numbers under which they were filed, and that were approved by the British Columbia Utilities Commission and were in effect, as at December 10, 1997, remain in effect, and

(

b) the only lawful, enforceable and collectable rates that British Columbia Hydro and Power Authority may collect, charge or enforce

(

i) for the services described in the rate schedules identified by the numbers 1288 and 1848 in the Table, are the rates that were in effect as at December 10, 1997 and are described on each of those rate schedules under the heading "Fixed Charge", to the extent that those services are the subject of the fixed charge, and

(ii) for the services described in the other rate schedules identified by number in the Table are the rates that were in effect as at December 10, 1997 are described on each of those rate schedules under the heading "Rate".

Table

Residential

Service

General

Service

Irrigation

Service

Street Lighting

Service

Transmission

Service

B.C. Reg. 81/2001 validation

25 B.C. Reg. 81/2001 is confirmed and validated and the amendments made by that regulation are given continuing effect.

Transitional -- Pacific National Exhibition Incorporation Act

26 Appointments to the board of directors of the exhibition, as defined in the Pacific National Exhibition Incorporation Act, made by order of the Lieutenant Governor in Council on the date that this

section receives First Reading in the Legislative Assembly, are conclusively deemed to have been validly made and all things done by that board that would have been validly done had

section 11 of this Act in fact been in force on the day they were done are conclusively deemed to have been validly done and are confirmed and validated.

Commencement

(1) Sections 2 and 3 are deemed to have come into force on April 1, 2001, and are retroactive to the extent necessary to give them effect on and after that date.

(2) A regulation that is made on or before October 1, 2001 under

section 27 (1) (c.1) of the Financial Administration Act, as enacted by

section 3 of this Act, may be made retroactive to the extent necessary to give it effect on and after April 1, 2001.

(3) Sections 4, 7, 10 and 25 come into force by regulation of the Lieutenant Governor in Council.

(4) When brought into force by regulation, the corrections and amendments made by sections 4, 7, 10 and 25 are deemed to have come into force on April 21, 1997 and are retroactive to the extent necessary to give them effect on and after that date.

(5) Sections 8 and 9 are deemed to have come into force on June 5, 2001, and are retroactive to the extent necessary to give them effect on and after that date.

(6) Section 11 is deemed to have come into force on the date that this Act received First Reading in the Legislative Assembly and is retroactive to the extent necessary to give it effect on and after that date.

(7) Section 12 is deemed to have come into force on August 2, 2001 and is retroactive to the extent necessary to give it effect on and after that date.

(8) Section 26 is retroactive to the extent necessary to give full force and effect to its provisions.

(9) Sections 11 and 26 must not be construed as lacking retroactive effect in relation to any matter by reason that they make no specific reference to that matter.

Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada