3rd Session, 42nd Parliament

(2022) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE MURRAY RANKIN

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR HOUSING

BILL 27 – 2022

ATTORNEY GENERAL STATUTES AMENDMENT ACT (No. 2), 2022

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

Election Act

CLAUSE 1: [Election Act,

section 98] updates a cross-reference.

Section 98 (3) (

b) of the Election Act, R.S.B.C. 1996, c. 106, is amended by striking out "

section 96 (2) (

d) to (f) " and substituting "

section 96 (2) (

e) to (g) ".

Lobbyists Transparency Act

CLAUSE 2: [Lobbyists Transparency Act,

section 4.01] requires a designated filer to file information requested by the registrar within 30 days of the request.

2 The Lobbyists Transparency Act, S.B.C. 2001, c. 42, is amended by adding the following section:

Requirement to file clarifying information

4.01

(1) A designated filer who has filed a registration return under

section 3 must file with the registrar any information requested by the registrar to clarify information supplied by the designated filer under

section 4.

(2) Information requested by the registrar under subsection (1) must be filed within 30 days after the information is requested.

CLAUSE 3: [Lobbyists Transparency Act,

section 4.2]

updates a cross-reference;

removes a requirement that is being relocated to

section 4.01 of the Act, as added by this Bill.

Section 4.2 (2) (

e) is amended

(

a) by striking out " filed under

section 4 " and substituting " filed under

section 3 ", and

(

b) by repealing subparagraph (iii).

CLAUSE 4: [Lobbyists Transparency Act,

section 7]

updates a cross-reference;

provides for removing a return from the registry if the designated filer does not file information requested by the registrar.

Section 7 (4) (

c) is repealed and the following substituted:

(

c) remove a return from the registry if the designated filer who filed the return does not comply with

section 4.01; .

CLAUSE 5: [Lobbyists Transparency Act,

section 10] makes a contravention of

section 4.01 of the Act, as added by this Bill, an offence.

Section 10 (1) is repealed and the following substituted:

(1) A person who contravenes

section 2.1 (2), 2.2, 2.4, 3 (1) or (3), 4, 4.01, 4.1 or 4.2 commits an offence.

Power of Attorney Act

CLAUSE 6: [Power of Attorney Act,

section 17.1] provides that specified witnessing requirements for signing and dating an enduring power of attorney may be satisfied in accordance with an alternative process established by regulation.

6 The Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by adding the following

section to Division 2 of

Part 2:

Signing enduring power of attorney – alternative process

17.1

(1) A requirement in

section 16 (1) that a person sign and date an enduring power of attorney in the presence of another person is satisfied if the enduring power of attorney is signed and dated in accordance with an alternative process established by regulation, if any, for witnessing the signing and dating.

(2) The requirement in

section 17 (1) that a person sign an enduring power of attorney in the presence of another person is satisfied if the enduring power of attorney is signed in accordance with an alternative process established by regulation, if any, for witnessing the signing.

CLAUSE 7: [Power of Attorney Act,

section 41] is consequential to the addition by this Bill of sections 41.1 and 41.2 to the Act.

Section 41 is amended

(

a) by adding the following subsection:

(2.1) The authority to make regulations under another provision of this Act does not limit subsection (1) or (2). , and

(

b) by repealing subsection (4).

CLAUSE 8: [Power of Attorney Act, sections 41.1 and 41.2]

adds regulation-making authority for the signing and dating of enduring powers of attorney;

relocates the content of

section 41 (4).

8 The following sections are added:

Regulations in relation to signing enduring power of attorney – alternative process

41.1

(1) The Lieutenant Governor in Council may make regulations establishing an alternative process for witnessing the signing and dating of an enduring power of attorney, including

(

a) prescribing what being in the presence of another person, as referred to in sections 16, 17 and 17.1, means,

(

b) respecting the signing and dating, in counterpart, of an enduring power of attorney,

(

c) prescribing required qualifications of a witness, and

(

d) prescribing additional information that must be included in an enduring power of attorney.

(2) In making a regulation under subsection (1), the Lieutenant Governor in Council may

(

a) make different regulations for different provisions of the Act, different persons or circumstances or different classes of persons or circumstances, and

(

b) establish different classes of persons or circumstances.

Regulations in relation to extrajurisdictional powers of attorney

41.2 The Lieutenant Governor in Council may make regulations respecting extrajurisdictional powers of attorney for the purposes of

section 38, including

(

a) limiting the application of

section 38 according to

(

i) the jurisdiction in which the extrajurisdictional power of attorney was made, or

(ii) the manner in which the extrajurisdictional power of attorney was made or signed,

(

b) respecting conditions or limitations on the operation of the extrajurisdictional power of attorney,

(

c) respecting the exercise of powers or performance of duties by a person authorized to act in respect of the extrajurisdictional power of attorney,

(

d) respecting the application of any provision of this Act or the regulations to a person acting in respect of the extrajurisdictional power of attorney, and

(

e) prescribing circumstances in which

section 38 does not apply, or ceases to apply.

Queen's Counsel Act

CLAUSE 9: [Queen's Counsel Act, title] changes the title of the Act.

9 The title of the Queen's Counsel Act, R.S.B.C. 1996, c. 393, is repealed and the following substituted:

KING'S COUNSEL ACT .

CLAUSE 10: [Queen's Counsel Act,

section 1] changes a reference from Her Majesty to His Majesty.

Section 1 is amended by striking out " Her Majesty's " and substituting " His Majesty's ".

CLAUSE 11: [Queen's Counsel Act,

section 2]

changes a reference from Her Majesty to His Majesty;

adds the Chief Judge of the Provincial Court to the list of individuals the Attorney General must consult.

Section 2 is amended

(

a) in subsection (1) by striking out " Her Majesty's " and substituting " His Majesty's ", and

(

b) in subsection (2) by striking out " and " at the end of paragraph (

b) and by adding the following paragraph:

(b.1) the Chief Judge of the Provincial Court, and .

CLAUSE 12: [Queen's Counsel Act,

section 3] changes a reference from Her Majesty to His Majesty.

Section 3 is amended by striking out " Her Majesty's " and substituting " His Majesty's ".

CLAUSE 13: [Queen's Counsel Act,

section 4] makes a housekeeping amendment.

Section 4 is amended by striking out " he or she " and substituting " the person ".

CLAUSE 14: [Queen's Counsel Act,

section 6] provides that precedence is established in the appointment instruments.

Section 6 is amended

(

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

(2) All persons mentioned in subsection (1) (

e) have precedence among themselves in the order established in the letters patent issued under

section 2. , and

(

b) by adding the following subsection:

(3) Any precedence established in letters patents issued before the date this subsection comes into force in relation to persons mentioned in subsection (1) (

e) continues to apply.

CLAUSE 15: [Queen's Counsel Act, sections 9 and 10]

provides discretionary power to revoke an appointment;

requires the Attorney General to consult with specified individuals before making a recommendation to revoke an appointment;

provides for an automatic revocation of an appointment if the individual with the appointment is disbarred.

15 The following sections are added:

Power of Lieutenant Governor in Council to revoke King's Counsel appointment

(1) On the recommendation of the Attorney General, the Lieutenant Governor in Council, by letters patent under the Great Seal, may revoke an appointment made under

section 2.

(2) Before making a recommendation referred to in subsection (1), the Attorney General must consult with

(

a) the Chief Justice of British Columbia,

(

b) the Chief Justice of the Supreme Court,

(

c) the Chief Judge of the Provincial Court, and

(d) 2 members of the Law Society of British Columbia appointed by the benchers for that purpose.

(3) This

section applies in relation to an appointment whether

(

a) the appointment is made before or after the date this

section comes into force, or

(

b) the reason for the revocation occurs before or after the date this

section comes into force.

Automatic revocation of King's Counsel appointment on disbarment

(1) If a person who is appointed under

section 2 is disbarred under the Legal Profession Act on or after the date this

section comes into force, the person's appointment is revoked on the date of the disbarment.

(2) Subsection (1) applies in relation to an appointment whether the appointment is made before or after the date this

section comes into force.

(3) If a person who is appointed under

section 2 is disbarred under the Legal Profession Act before the date this

section comes into force, the person's appointment is revoked on the date this

section comes into force.

Representation Agreement Act

CLAUSE 16: [Representation Agreement Act,

section 13]

clarifies witnessing requirements for witnessing the signing of a representation agreement;

provides that specified witnessing requirements for signing a representation agreement may be satisfied in accordance with an alternative process established by regulation.

Section 13 of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended

(

a) by repealing subsection (3.01) and substituting the following:

(3.01) Subject to subsection (3.02), the adult must sign the representation agreement in the presence of 2 witnesses, each of whom must sign the representation agreement in the presence of the adult and one another. , and

(

b) by adding the following subsections:

(8) The requirement in subsection (3.01) that a person sign a representation agreement in the presence of another person is satisfied if the representation agreement is signed in accordance with an alternative process established by regulation, if any, for witnessing the signing.

(9) For certainty, a requirement in a certificate referred to in subsection (6) that a person be present when witnessing the signing of a representation agreement is satisfied if the representation agreement is signed in accordance with the alternative process referred to in subsection (8).

CLAUSE 17: [Representation Agreement Act,

section 42] is consequential to the addition by this Bill of

section 42.1 to the Act.

Section 42 is amended by adding the following subsection:

(2.1) The authority to make regulations under another provision of this Act does not limit subsection (1) or (2).

CLAUSE 18: [Representation Agreement Act,

section 42.1] adds regulation-making authority for the signing of representation agreements.

18 The following

section is added:

Regulations in relation to signing representation agreement

42.1

(1) The Lieutenant Governor in Council may make regulations establishing an alternative process for witnessing the signing of a representation agreement, including

(

a) prescribing what being in the presence of another person, as referred to in

section 13 (8), means,

(

b) respecting the signing, in counterpart, of a representation agreement,

(

c) prescribing required qualifications of a witness, and

(

d) prescribing additional information that must be included in a representation agreement.

(2) In making a regulation under subsection (1), the Lieutenant Governor in Council may

(

a) make different regulations for different provisions of the Act, different persons or circumstances or different classes of persons or circumstances, and

(

b) establish different classes of persons or circumstances.

Wills, Estates and Succession Act

CLAUSE 19: [Wills, Estates and Succession Act,

section 130] adds persons to whom the court may grant administration of a deceased person's estate.

Section 130 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, is amended by adding the following paragraph:

(f.1) in the case of a deceased person whose estate would pass to the government and would be subject to the Escheat Act , a person nominated by the government; .

Commencement

20 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

Sections 6 to 8

By regulation of the Lieutenant Governor in Council

Sections 16 to 18

By regulation of the Lieutenant Governor in Council

Explanatory Notes

CLAUSE 1: [Election Act,

section 98] updates a cross-reference.

CLAUSE 2: [Lobbyists Transparency Act,

section 4.01] requires a designated filer to file information requested by the registrar within 30 days of the request.

CLAUSE 3: [Lobbyists Transparency Act,

section 4.2]

updates a cross-reference;

removes a requirement that is being relocated to

section 4.01 of the Act, as added by this Bill.

CLAUSE 4: [Lobbyists Transparency Act,

section 7]

updates a cross-reference;

provides for removing a return from the registry if the designated filer does not file information requested by the registrar.

CLAUSE 5: [Lobbyists Transparency Act,

section 10] makes a contravention of

section 4.01 of the Act, as added by this Bill, an offence.

CLAUSE 6: [Power of Attorney Act,

section 17.1] provides that specified witnessing requirements for signing and dating an enduring power of attorney may be satisfied in accordance with an alternative process established by regulation.

CLAUSE 7: [Power of Attorney Act,

section 41] is consequential to the addition by this Bill of sections 41.1 and 41.2 to the Act.

CLAUSE 8: [Power of Attorney Act, sections 41.1 and 41.2]

adds regulation-making authority for the signing and dating of enduring powers of attorney;

relocates the content of

section 41 (4).

CLAUSE 9: [Queen's Counsel Act, title] changes the title of the Act.

CLAUSE 10: [Queen's Counsel Act,

section 1] changes a reference from Her Majesty to His Majesty.

CLAUSE 11: [Queen's Counsel Act,

section 2]

changes a reference from Her Majesty to His Majesty;

adds the Chief Judge of the Provincial Court to the list of individuals the Attorney General must consult.

CLAUSE 12: [Queen's Counsel Act,

section 3] changes a reference from Her Majesty to His Majesty.

CLAUSE 13: [Queen's Counsel Act,

section 4] makes a housekeeping amendment.

CLAUSE 14: [Queen's Counsel Act,

section 6] provides that precedence is established in the appointment instruments.

CLAUSE 15: [Queen's Counsel Act, sections 9 and 10]

provides discretionary power to revoke an appointment;

requires the Attorney General to consult with specified individuals before making a recommendation to revoke an appointment;

provides for an automatic revocation of an appointment if the individual with the appointment is disbarred.

CLAUSE 16: [Representation Agreement Act,

section 13]

clarifies witnessing requirements for witnessing the signing of a representation agreement;

provides that specified witnessing requirements for signing a representation agreement may be satisfied in accordance with an alternative process established by regulation.

CLAUSE 17: [Representation Agreement Act,

section 42] is consequential to the addition by this Bill of

section 42.1 to the Act.

CLAUSE 18: [Representation Agreement Act,

section 42.1] adds regulation-making authority for the signing of representation agreements.

CLAUSE 19: [Wills, Estates and Succession Act,

section 130] adds persons to whom the court may grant administration of a deceased person's estate.

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