2017 Legislative Session: 2nd Session, 41st 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 23rd day of October, 2017

Craig James, Clerk of the House

HONOURABLE DAVID R. P. EBY

ATTORNEY GENERAL

BILL 9 – 2017

MISCELLANEOUS STATUTES (MINOR CORRECTIONS) AMENDMENT ACT, 2017

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

Administrative Tribunals Statutes Amendment Act, 2015

Section 70 (

b) of the Administrative Tribunals Statutes Amendment Act, 2015, S.B.C. 2015, c. 10, as it amends

section 12 (2) (

d) of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended by striking out " purposes " and substituting " purpose ".

Animal Health Act

Section 23 (1) (

a) of the Animal Health Act, S.B.C. 2014, c. 16, is amended by striking out " whom " and substituting " who ".

Assessment Act

Section 20 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended in paragraph (

q) of the definition of "industrial improvement" by striking out " sea going " and substituting " sea-going ".

British Columbia Railway Finance Act

Section 5 (

a) of the British Columbia Railway Finance Act, R.S.B.C. 1996, c. 37, is amended by striking out " under the Canada Pension Plan " and substituting " under the Canada Pension Plan ".

Budget Transparency and Accountability Act

Section 1 (1) of the Budget Transparency and Accountability Act, S.B.C. 2000, c. 23, is amended

(

a) in paragraph (

c) of the definition of "education and health sector organization" by striking out " Health Authorities Act , " and substituting " Health Authorities Act , and ", and

(

b) in paragraph (

e) of the definition of "government reporting entity" by striking out "

section 24 (2) (d) (i) " and substituting "

section 24 (2) (d) (i), ".

Chartered Professional Accountants Act

Section 80 (2) (

d) and (3) (

d) of the Chartered Professional Accountants Act, S.B.C. 2015, c. 1, is amended by striking out " paragraphs " and substituting " paragraph ".

Civil Forfeiture Act

Section 14.01 (1) of the Civil Forfeiture Act, S.B.C. 2005, c. 29, is amended by renumbering the

section as

section 14.01.

Civil Resolution Tribunal Act

Section 48.1 (2) of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended by striking out "

section 3.6 (2) (

e) to (g) " and substituting "

section 3.6 (1) (

e) to (g) ".

Coroners Act

Section 23 (1) of the Coroners Act, S.B.C. 2007, c. 15, is amended by striking out " Jury Act " and substituting " Jury Act ".

Section 73 (2) (

a) is amended by striking out "

section 2 (1) (g) " and substituting "

section 2 (1) (f) ".

Court Order Enforcement Act

11 Form F of

Schedule 1 of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78, is amended by striking out " Name) " in the third line under " To the Defendant(s): " and substituting " (Name) ".

Cremation, Interment and Funeral Services Act

Section 37 (2) (

a) of the Cremation, Interment and Funeral Services Act, S.B.C. 2004, c. 35, is amended by striking out " company " and substituting " company, ".

Financial Administration Act

Section 21 (2) of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by striking out " 43 or 44, " and substituting " 43, 44, ".

Fish and Seafood Act

Section 60 (1) (f) (iii) of the Fish and Seafood Act, S.B.C. 2015, c. 14, is amended by striking out " license " and substituting " licence ".

Forensic Psychiatry Act

Section 5 (

c) of the Forensic Psychiatry Act, R.S.B.C. 1996, c. 156, is amended by striking out " inpatient " and substituting " in-patient ".

Forest Act

Section 157 (e) (ii) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding " and " after "

section 152, ".

Great Bear Rainforest (Forest Management) Act

Section 5 (2) (

e) of the Great Bear Rainforest (Forest Management) Act, S.B.C. 2016, c. 16, is amended by striking out " new-non GBR " and substituting " new non-GBR ".

Hospital Insurance Act

Section 1 of the Hospital Insurance Act, R.S.B.C. 1996, c. 204, is amended in paragraph (

e) of the definition of "hospital" by striking out " out patient " in both places and substituting " outpatient ".

Section 5 is amended

(

a) in subsection (1) (

c) by striking out " out patients " and substituting " outpatients " and by striking out " out patient " and substituting " outpatient ", and

(

b) in subsection (3) by striking out " out patient " and substituting " outpatient ".

Hydro and Power Authority Act

Section 1 of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended

(

a) in the definition of "owner" by striking out " "owner" " and substituting " "owner" , ", and

(

b) in the definition of "supply" by striking out " sale; " and substituting " sale, ".

Section 22 (

a) is amended by striking out " under the Canada Pension Plan " and substituting " under the Canada Pension Plan ".

Income Tax Act

Section 79 (2) (b) (ii) of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended by striking out " two " and substituting " 2 ".

Section 126.1 is amended in the definition of "ship" by striking out " seagoing " and substituting " sea-going ".

Section 132 is amended in paragraph (

c) of the definition of "interactive digital media product" by striking out " two " and substituting " 2 ".

Land Survey Act

Section 14 (1) (

c) of the Land Survey Act, R.S.B.C. 1996, c. 247, is repealed and the following substituted:

(

c) all those previously established and pertinent to the survey of a parcel of land

must be tied by survey to the nearest coordinate control monuments according to the procedures in rules made under

section 75 of the Land Surveyors Act .

Land Surveyors Act

Section 75 (1) (

c) of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is amended by striking out " 14 (1) (c) " and substituting " 14 (1) ".

Local Elections Campaign Financing Act

Section 64 (4) (

b) of the Local Elections Campaign Financing Act, S.B.C. 2014, c. 18, is amended by striking out " subsection (4.1) " and substituting " subsection (4.1), ".

Local Government Act

Section 66 (4) (

a) of the Local Government Act, R.S.B.C. 2015, c. 1, is amended by striking out " paragraphs " and substituting " paragraph ".

Section 270 (

a) is repealed and the following substituted:

(

a) section 171 [how assent of the electors is obtained] ; .

Section 311 is amended by striking out " water-course " and substituting " watercourse ".

Section 579 (2) (

a) is amended by adding " c. 323, " after " Local Government Act , R.S.B.C. 1996, ".

Section 738 (1) (

e) is amended by striking out "

section 263 (1) (f) " and substituting "

section 263 (1) (g) ".

Marriage Act

Section 22 of the Marriage Act, R.S.B.C. 1996, c. 282, is amended by renumbering subsection (1.2) as subsection (1.1).

Miscellaneous Statutes (General) Amendment Act, 2016

Section 11 (

b) of the Miscellaneous Statutes (General) Amendment Act, 2016, S.B.C. 2016, c. 21, as it amends

section 79 (2) (

b) of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended by striking out "

section 82.1 to 82.3, " and substituting " sections 82.1 to 82.3, ".

Motor Dealer Amendment Act, 2016

Section 24 of the Motor Dealer Amendment Act, 2016, S.B.C. 2016, c. 6, as it enacts

section 26.04 (1) (

b) of the Motor Dealer Act, R.S.B.C. 1996, c. 316, is amended by striking out " license " and substituting " licence ".

Motor Vehicle Act

Section 209 (1) (

h) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out " must proceed. " and substituting " must proceed; ".

Municipalities Enabling and Validating Act (No. 3)

Section 13 (1) (a) (ii) of the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by striking out " [ exemptions for community ports and airports] " and substituting " [exemptions for community ports and airports] ".

Natural Gas Development Statutes Amendment Act, 2014

Section 19 (

b) of the Natural Gas Development Statutes Amendment Act, 2014, S.B.C. 2014, c. 10, as it amends

section 1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by striking out " "cubic meter" " and substituting " "cubic metre" ".

Section 33 (b), as it amends

section 64 (1) of the Petroleum and Natural Gas Act, is amended by striking out " issued, " in both places and substituting " issued. "

Offence Act

40 Form 19 of the

Schedule to the Offence Act, R.S.B.C. 1996, c. 338, is amended by striking out " the Offence Act " and substituting " the Offence Act ".

Personal Property Security Act

Section 1 (1) of the Personal Property Security Act, R.S.B.C. 1996, c. 359, is amended in the definition of "foreign registered ship" by striking out " self propelled, sea going " and substituting " self-propelled, sea-going ".

Petroleum and Natural Gas Act

Section 58 (2) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by striking out " fifth " and substituting " 5th ".

Pooled Registered Pension Plans Act

Section 3 (2) of the Pooled Registered Pension Plans Act, S.B.C. 2014, c. 17, is amended in Column 1 of the Table by striking out " subsection 2(1) " and substituting " subsection 2 (1) ".

Private Managed Forest Land Act

Section 19 (4) of the Private Managed Forest Land Act, S.B.C. 2003, c. 80, is amended by striking out " five years " and substituting " 5 years ".

Section 46 (2) and (3) is amended by striking out " six months " and substituting " 6 months ".

Property Transfer Tax Act

Section 38 of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by striking out " .1% " and substituting " 0.1% ".

Protected Areas of British Columbia Act

Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended in the descriptions of Dixie Cove Marine Park and Sutherland River Park by striking out " License " wherever it appears and substituting " Licence ".

Public Agency Accommodation Act

Section 6 (3) of the Public Agency Accommodation Act, S.B.C. 2006, c. 7, is amended by striking out " those provisions " and substituting " the provision ".

Real Estate Services Act

Section 57 (1) of the Real Estate Services Act, S.B.C. 2004, c. 42, is amended by striking out " subsection (2) " and substituting " subsection (1) (b) ".

Section 89.1 (1) (

b) is amended by striking out " subsection (4) (a) " and substituting " subsection (3) (a) ".

Section 91 (1) is amended by striking out " 1 member " wherever it appears and substituting " one member ".

Resort Municipality of Whistler Act

Section 10 (1) (

c) to (

e) of the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407, is repealed and the following substituted:

(

c) prescribing additional works and services which may be undertaken by the municipality under

section 8 (2);

(

d) respecting the imposition and collection of rates and charges referred to in

section 8;

(

e) enacting or amending an official community plan under

section 9; .

Schedule A is amended by striking out " Lot 3363 to the northEast corner thereof; " and substituting " Lot 3363 to the northeast corner thereof; " and by striking out " general Southerly direction " and substituting " general southerly direction ".

Small Business Venture Capital Act

Section 29.1 (3) (

g) of the Small Business Venture Capital Act, R.S.B.C. 1996, c. 429, is amended by striking out " Income Tax Act , " and substituting " Income Tax Act ".

Weed Control Act

Section 3 of the Weed Control Act, R.S.B.C. 1996, c. 487, is amended

(

a) in subsection (1) by striking out " the minister " and substituting " The minister ", and

(

b) in subsection (3) by striking out " subsection (2)may " and substituting " subsection (2) may ".

Wildlife Act

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

(

a) in the definition of "non resident" by striking out " "non resident" " and substituting " "non-resident" " ,

(

b) in the definition of "non resident alien" by striking out " "non resident alien" " and substituting " "non-resident alien" " , and

(

c) in the definition of "non-resident alien" by striking out " non resident " and substituting " non-resident ".

57 Sections 17 (2), 20 (2) and 70 are amended by striking out " non resident " wherever it appears and substituting " non-resident ".

Youth Justice Act

Section 10 (1) (a) (

i) of the Youth Justice Act, S.B.C. 2003, c. 85, is amended by striking out " behavior " and substituting " behaviour ".

Section 23 (1) is amended by striking out " Offence Act " and substituting " Offence Act " and by striking out " in

Part XXVIII " and substituting "

Part XXVIII ".

Schedules to this Act

60 The Acts listed in Column 1 of

Schedule 1 are amended in the provisions listed opposite them in Column 2 by striking out " in so far " wherever it appears and substituting " insofar ".

61 The Acts listed in Column 1 of

Schedule 2 are amended in the provisions listed opposite them in Column 2 by striking out " mail box " wherever it appears and substituting " mailbox ".

62 The Acts listed in Column 1 of

Schedule 3 are amended in the provisions listed opposite them in Column 2 by striking out " merit based process " wherever it appears and substituting " merit-based process ".

63 The Acts listed in Column 1 of

Schedule 4 are amended in the provisions listed opposite them in Column 2 by striking out " self propelled " wherever it appears and substituting " self-propelled ".

Commencement

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

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 11

April 21, 1997

Section 13

April 21, 1997

Section 25

April 21, 1997

Sections 28 and 29

January 1, 2016

Sections 31 and 32

January 1, 2016

Section 36

April 21, 1997

Section 40

April 21, 1997

Sections 52 and 53

April 21, 1997

Section 55

April 21, 1997

Schedule 1

(Section 60)

"in so far" corrected to "insofar"

Item

Column 1

Act being amended

Column 2

Section or other provision

Arbitration Act , R.S.B.C. 1996, c. 55

Cooperative Association Act , S.B.C. 1999, c. 28

(1) Creston Valley Wildlife Act , R.S.B.C. 1996, c. 84

(1) Frustrated Contract Act , R.S.B.C. 1996, c. 166

5 (3)

(1) Interpretation Act , R.S.B.C. 1996, c. 238

5 (1)

36 (1) (

e) Labour Relations Code , R.S.B.C. 1996, c. 244

(2) Land Title Act , R.S.B.C. 1996, c. 250

115 (6)

385 (2) (

c) Ministry of Provincial Secretary and Government Services Act , R.S.B.C. 1996, c. 309

(1) Offence Act , R.S.B.C. 1996, c. 338

26 (2) (

b) Railway Act , R.S.B.C. 1996, c. 395

(1) Securities Transfer Act , S.B.C. 2007, c. 10

Trustee Act , R.S.B.C. 1996, c. 464

(5) Schedule 2

(Section 61)

"mail box" corrected to "mailbox"

Item

Column 1

Act being amended

Column 2

Section or other provision

Athletic Commissioner Act , S.B.C. 2012, c. 29

43 (b) (iii)

44 (

b) Business Practices and Consumer Protection Act , S.B.C. 2004, c. 2

183 (2) (b) (iii) and (c) (iv)

184 (

c) Cremation, Interment and Funeral Services Act , S.B.C. 2004, c. 35

65 (b) (iii)

66 (

b) Fire Safety Act , S.B.C. 2016, c. 19

45 (1) (b) (iii)

Greenhouse Gas Industrial Reporting and Control Act , S.B.C. 2014, c. 29

41 (1) (b) (ii) and (c) (ii)

Interpretation Act , R.S.B.C. 1996, c. 238

29, in the definition of "deliver"

Manufactured Home Park Tenancy Act , S.B.C. 2002, c. 77

81 (f)

83 (

d) Motor Dealer Act , R.S.B.C. 1996, c. 316

30 (b) (iv) and (c) (iv)

30.1 (

c) Oil and Gas Activities Act , S.B.C. 2008, c. 36

79 (1) (b) (iv) and (2) (

c) Residential Tenancy Act , S.B.C. 2002, c. 78

88 (f)

90 (

d) Societies Act , S.B.C. 2015, c. 18

30 (

b) Strata Property Act , S.B.C. 1998, c. 43

61 (1) (b) (

v) and (3)

63 (1) (

d) and

(2) Water Sustainability Act , S.B.C. 2014, c. 15

117 (1) (

d) Schedule 3

(Section 62)

"merit based process" corrected to "merit-based process"

Item

Column 1

Act being amended

Column 2

Section or other provision

Administrative Tribunals Appointment and Administration Act , S.B.C. 2003, c. 47

2 (1)

3 (1)

(4) Employment Standards Act , R.S.B.C. 1996, c. 113

102 (

a) and (

b) Fire Services Act , R.S.B.C. 1996, c. 144

2 (1) (

a) Forest and Range Practices Act , S.B.C. 2002, c. 69

(2) Schedule 4

(Section 63)

"self propelled" corrected to "self-propelled"

Item

Column 1

Act being amended

Column 2

Section or other provision

Carbon Tax Act , S.B.C. 2008, c. 40

1 (1), in the

definitions of "motor vehicle" and "ship"

Commercial Transport Act , R.S.B.C. 1996, c. 58

1, in the definition of "motor vehicle"

6 (10) (

a) Industrial Roads Act , R.S.B.C. 1996, c. 189

1, in paragraph (

a) of the definition of "motor vehicle"

Motor Dealer Act , R.S.B.C. 1996, c. 316

1 (1), in the definition of "motor vehicle"

Motor Fuel Tax Act , R.S.B.C. 1996, c. 317

1, in the

definitions of "motor vehicle" and "ship"

Motor Vehicle Act , R.S.B.C. 1996, c. 318

1, in the definition of "motor vehicle"

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c) Queen’s Printer, Victoria, British Columbia, Canada