British Columbia Bill 64 (Government) — 4th Parliament, 37th Session — Previous Version 1
4-37 Gov Bill 64-1
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2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE JUDITH REID
MINISTER OF TRANSPORTATION
BILL 64 – 2003
TRANSPORTATION STATUTES AMENDMENT ACT, 2003
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Company Act
Section 350 (2) (
i) of the Company Act, R.S.B.C. 1996, c. 62, is repealed.
Highway Act
Section 4 (3) of the Highway Act, R.S.B.C. 1996, c. 188, is repealed and the following substituted:
(3) Section 2 and subsection (1) of this
section do not apply to
(
a) the Trans Canada Trail, or
(
b) a snowmobile trail established and maintained by a recreational organization,
whether or not public money is spent on the trail before or after the coming into force of this subsection.
Greater Vancouver Transportation Authority Act
Section 1 (1) of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended by adding the following definition:
"Richmond-Airport-Vancouver rapid transit project" means a rail transportation system connecting
(
a) a location in the general vicinity of the intersection of No. 3 Road and Park Road in the City of Richmond,
(
b) a location in the general vicinity of the Domestic Air Terminal at the Vancouver International Airport, and
(
c) a location in the general vicinity of the intersection of Cordova and Granville Streets in the City of Vancouver;
4 The following
section is added to
Part 1:
Richmond-Airport-Vancouver rapid transit project
16.1
(1) Without limiting
section 14, the authority may, by resolution of the board, amend the strategic transportation plan to incorporate the Richmond-Airport-Vancouver rapid transit project.
(2) Except to the extent provided in subsections (3) and (4) of this section, sections 14, 15 and 16 do not apply to an amendment of the strategic transportation plan under subsection (1) of this section.
(3) If the authority amends the strategic transportation plan in accordance with subsection (1),
(
a) the authority is deemed to have complied with sections 14 and 15 in relation to that portion of the strategic transportation plan that results from the amendment,
(
b) the authority must submit the amendment for ratification by a resolution of the Greater Vancouver Regional District board of directors,
(
c) the Greater Vancouver Regional District board of directors must, on the request of the authority for ratification of that amendment, respond to that request by a resolution made on or before May 30, 2003, and
(
d) the Greater Vancouver Regional District board of directors is deemed to have ratified the amendment if that board of directors
(
i) receives the amendment on or before May 27, 2003, and
(ii) fails to respond to the request referred to in paragraph (
c) of this subsection on or before May 30, 2003.
(4) An amendment to the strategic transportation plan under subsection (1) of this
section takes effect after all of the following have occurred:
(
a) the amendment is ratified by the Greater Vancouver Regional District board of directors under subsection (3) (
c) or (d);
(
c) the authority enters into an agreement with the government and the Vancouver International Airport Authority under which the parties to the agreement agree on the terms in accordance with which the Richmond-Airport-Vancouver rapid transit project is to be constructed.
Ministry of Transportation and Highways Act
Part 3 of the Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311, is repealed.
Railway Act
Section 5 of the Railway Act, R.S.B.C. 1996, c. 395, is amended by striking out everything before paragraph (
a) and substituting "A certificate signed by the minister under
section 32, 205 or
225" .
Section 6 (3) is amended by striking out the form of the memorandum of association and substituting the following:
RAILWAY ACT
MEMORANDUM OF ASSOCIATION OF THE ......................... RAILWAY COMPANY
The name of the company is the "......................... Railway Company".
The registered office of the company will be located in the City of ........................., in British Columbia.
The object for which the company is incorporated is to establish a railway undertaking, and to construct or acquire a railway from ......................... to ........................., in British Columbia.
The authorized share capital of the company is as follows: ..........................................................................................
.................................................................................................................................................................................
We, the several persons whose names and addresses are subscribed, want to be formed into a company under this Memorandum of Association.
Dated ......................... [month-day-year]
..................................................................................................................................................................................
Names, Addresses and Descriptions of Subscribers
..................................................................................................................................................................................
..................................................................................................................................................................................
Witness to the above signatures:
Name ........................................................................
Address .....................................................................
Occupation ................................................................ .
Section 6 (4) is amended by striking out everything after "in the
company" .
Section 8 is amended
(
a) in subsection (2) by striking out "having a share capital of $1 million" , and
(
b) in subsection (3) by striking out everything after "Registrar of Companies" .
10 Sections 10 to 13 are repealed and the following substituted:
Filing certificate and making deposit
10 The company must file the duplicate certificate issued by the Registrar of Companies in the ministry within 30 days after the date of its issuance, including the day of the issuance.
Alteration of authorized share capital
(1) The company may alter its authorized share
capital in the manner, and subject to the rights and obligations, provided for
Part 8 of the Company Act .
(2) A certified copy of the resolution which alters authorized share capital must be filed with the Registrar of Companies.
Part 8 is repealed.
Section 65 is amended
(
a) by repealing subsection (2) and substituting the following:
(2) A company may change its location by a resolution of the majority of its directors. , and
(
b) by repealing subsection (4).
Section 67 is amended
(
a) by repealing subsection (1), and
(
b) in subsection (2) by adding "of the company" after "share capital" .
Section 68 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) As soon as 25% of the authorized share capital has been subscribed and 10% of the amount subscribed has been paid into a savings institution in British Columbia, the provisional directors must, by a resolution of the majority of their number, determine the number of directors. ,
(
b) in subsection (2) by striking out "obtaining the certificate" and substituting "determining the number of directors" ,
(
c) in subsection (3) by striking out "specified in and by the certificate." and substituting "determined by the provisional directors." ,
(
d) by repealing subsection (5) and substituting the following:
(5) The company may, by a resolution of 75% or more of its shareholders, change the number of directors for the company. , and
(
e) by adding the following subsection:
(6) Copies of the resolutions referred to in subsections (1) and (5) must be filed with the Registrar of Companies.
Section 69 is repealed.
16 The following
section is added:
Limitation on investment
83.1 Unless authorized by resolution of 75% or more of its shareholders, a company must not, either directly or indirectly, employ any of its money in the purchase of its own shares, or in the acquisition of any shares, bonds or other securities issued by any other company.
Section 91 (1) is amended by striking out "Every matter" and substituting "Unless otherwise provided in this Act, every matter" .
Part 11 is repealed and the following substituted:
Part 11 – Borrowing Powers
Borrowing powers
(2) The directors may make any debentures, bonds or other debt obligations issued by the company, by their terms, assignable free from any equities between the company and the person to whom they may be issued, or any other person who lawfully acquires them by assignment, purchase or otherwise.
(3) The directors may authorize the issue of any debentures, bonds or other debt obligations of the company at a discount, premium or otherwise, and with special or other rights or privileges as to redemption, surrender, drawings, allotment of or conversion into shares, attending at general meetings of the company, and otherwise as the directors may determine at or before the time of issue.
19 Sections 150 and 151 are repealed.
Section 161 (2) is repealed.
Part 22 is repealed.
22 Sections 171, 172, 181, 182 and 184 are repealed.
Section 185 (10) is amended by striking out "200, 201, 204, 205 and 208 to 225" and substituting "204, 205 and 225" .
Section 186 (6) (
c) is repealed.
25 Sections 190 and 191 are repealed.
Part 28 is repealed.
Section 205 is amended
(
a) in subsection (1) by striking out "sections 202 to 204." and substituting "section 204." , and
(
b) in subsection (3) by repealing paragraph (c).
28 Parts 30 and 31 are repealed.
29 Sections 226 to 228 are repealed.
30 Parts 34 and 35 are repealed.
31 Sections 261, 262 and 265 are repealed.
Riverbank Protection Act
32 The Riverbank Protection Act, R.S.B.C. 1996, c. 408, is repealed.
Transportation Investment Act
Section 19 of the Transportation Investment Act, S.B.C. 2002, c. 65, is amended by adding the following subsection:
(3) Without limiting subsections (1) and (2), a person who has received an invoice for a toll in relation to a concession highway may
(
a) dispute that person's liability for the toll and for any related interest or other charges if, at the date and time for which the toll is being charged, the person was entitled to travel without charge on the concession highway under the terms of
(
i) a frequent traveller program or other program offered by the concessionaire in relation to the concession highway, or
(ii) any other agreement between the person and the concessionaire, or
(
b) dispute that person's liability for a portion of the toll and for any related interest or other charges if, at the date and time for which the toll is being charged, the person was entitled to travel for less than the invoiced amount on the concession highway under the terms of a program or agreement referred to in paragraph (a).
Weed Control Act
Section 12 of the Weed Control Act, R.S.B.C. 1996, c. 487, is amended
(
a) by repealing subsection (1) and substituting the following:
(1) In this section:
"concession highway" has the same meaning as in
the Transportation Investment Act ;
"concessionaire" has the same meaning as in the
Transportation Investment Act ;
"highway" has the same meaning as in the Highway
Act . , and
(
b) by adding the following subsection:
(5) Despite subsections (2) to (4), if a highway is a concession highway, the concessionaire for that highway is the sole occupier of it.
Commencement
(1) Sections 1, 2, 5 to 31, 33 and 34 come into force by regulation of the Lieutenant Governor in Council.
(2) Sections 3 and 4 are deemed to have come into force on May 23, 2003 and are retroactive to the extent necessary to give them effect on and after that date.
Explanatory Notes
Company Act
SECTION 1: [Company Act, repeals
section 350 (2) (i)] removes the authority of the Lieutenant
Governor in Council to make regulations respecting the registration of
mortgage deeds, as the
section reference in the Railway Act is being repealed.
Highway Act
SECTION 2: [Highway Act, repeals and replaces
section 4 (3)] specifies that snowmobile
trails are not public highways.
Greater Vancouver Transportation Authority Act
SECTION 3: [ Greater Vancouver Transportation Authority Act, amends
section 1 (1) ]
adds a definition of the "Richmond-Airport-Vancouver rapid transit project".
SECTION 4: [ Greater Vancouver Transportation Authority Act, enacts
section 16.1 ]
authorizes the Greater Vancouver Transportation Authority to amend, on an
expedited basis, its strategic transportation plan to incorporate the Richmond-
Airport-Vancouver rapid transit project, and provides for the effect, ratification
and coming into force of those amendments.
Ministry of Transportation and Highways Act
SECTION 5: [ Ministry of Transportation and Highways Act,
repeals
Part 3] is self explanatory.
Railway Act
SECTION 6: [ Railway Act, amends
section 5] removes
references to sections that are being repealed.
SECTION 7: [ Railway Act, amends
section 6 (3)]
amends the memorandum of association to add the requirements by which a company
can establish authorized share capital.
SECTION 8: [ Railway Act, amends
section 6 (4)]
removes the requirement that a subscriber to the memorandum of association is
liable to pay the company the sum of $10 000.
SECTION 9: [ Railway Act, amends
section 8 (2) and (3)]
removes from subsection (2) the arbitrary share capital value of $1 million
as the basis for charging corporate registration fees and removes redundant
language from subsection (3).
SECTION 10: [ Railway Act, re-enacts sections 10 and 11
and repeals sections 12 and 13] replaces provisions relating to administration
of certificates of incorporation, repeals provisions whereby the minister must
set share capital and borrowing powers, and provides that a company may alter
its authorized share capital under
Part 8 of the Company Act .
SECTION 11: [Railway Act, repeals
Part 8] repeals provisions
relating to the limitation of time for railway construction.
SECTION 12: [ Railway Act, amends
section 65] provides
for a company to change location by resolution rather than requiring ministerial
approval.
SECTION 13: [Railway Act, amends
section 67] repeals the requirement
that share capital be divided into shares of $100 each and clarifies that share
capital refers to share capital of the company.
SECTION 14: [ Railway Act, amends
section 68] removes
ministerial approval requirements respecting setting and changing the number
of directors and increasing share capital.
SECTION 15: [ Railway Act, repeals
section 69] repeals
a provision requiring ministerial approval to increase share capital.
SECTION 16: [ Railway Act, enacts
section 83.1]
provides for authorization of investments by a resolution of at least 75% of
shareholders rather than requiring ministerial approval as
section 134 of the
Act, being repealed by this Bill, did.
SECTION 17: [ Railway Act, amends
section 91 (1)]
makes
section 91 (1) of the Act subject to the other provisions of the Act.
SECTION 18: [ Railway Act, re-enacts
Part 11] narrows
the focus of
Part 11 to borrowing powers.
SECTION 19: [Railway Act, repeals sections 150 and 151] repeals
provisions relating to the approval and operation of telegraphs and telephones.
SECTION 20: [ Railway Act, repeals
section 161 (2)]
repeals a provision requiring ministerial approval of new train station locations.
SECTION 21: [ Railway Act, repeals
Part 22] repeals
provisions relating to the setting of wage levels and dispute resolution.
SECTION 22: [ Railway Act, repeals sections 171, 172, 181,
182 and 184] repeals provisions relating to railway operational requirements.
SECTION 23: [ Railway Act, amends
section 185 (10)]
removes references to sections that are being repealed.
SECTION 24: [ Railway Act, repeals
section 186 (6) (c)]
repeals a provision relating to the ministerial specification of tolls.
SECTION 25: [ Railway Act, repeals sections 190 and 191]
repeals provisions relating to the carriage of mail, troops and peace officers,
and government use of communications facilities.
SECTION 26: [ Railway Act, repeals
Part 28] repeals
provisions relating to the establishment, specification and approvals of tolls.
SECTION 27: [ Railway Act, amends
section 205 (1) and (3)]
removes references to sections that are being repealed and repeals a provision
relating to the ministerial specification of tolls.
SECTION 28: [ Railway Act, repeals Parts 30 and 31]
repeals provisions relating to the establishment, specification, classification
and approval of tariffs of tolls.
SECTION 29: [ Railway Act, repeals sections 226 to 228] repeals provisions relating to free or reduced tolls, special rates, and free transportation for the minister and members of the Legislature.
SECTION 30: [Railway Act, repeals Parts 34 and 35] repeals provisions relating to the establishment, specification and approval of express tolls and tariffs of express tolls, approval of conditions limiting liability, and the requirement to file an annual return.
SECTION 31: [ Railway Act, repeals sections 261, 262 and 265] repeals provisions relating to the filing of annual financial and traffic data and weekly traffic data and the requirement to provide financial, traffic and other information to the minister.
Riverbank Protection Act
SECTION 32: [Riverbank Protection Act, repeals the Act] is self
explanatory.
Transportation Investment Act
SECTION 33: [ Transportation Investment Act, adds
section
19 (3)] expressly provides for a person to dispute a toll if the person
is entitled, under a program or a contract with the concessionaire, to travel
for free or for a reduced toll amount.
Weed Control Act
SECTION 34: [Weed Control Act, amends
section 12] provides that,
for the purposes of the Weed Control Act , the occupier of a concession
highway is the concessionaire.
Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada