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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE KEVIN FALCON

MINISTER OF STATE FOR DEREGULATION

BILL 35 – 2002

DEREGULATION STATUTES

AMENDMENT ACT (No. 2), 2002

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

Barbers Act

Section 5 (1) of the Barbers Act, R.S.B.C. 1996, c. 24, is repealed and the following substituted:

(1) The board is composed of 4 elected members who must be members of the association and Canadian citizens or permanent residents of Canada.

Section 11 is repealed.

Section 20 is repealed.

Section 21 (4) is repealed.

Section 22 is amended by striking out "Subject to the approval of the Lieutenant Governor in Council, the association," and substituting

"The association," .

College and Institute Act

Section 19 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended

(

a) in subsection (1) (

d) by striking out ", but the bylaws do not come into force until approved in writing by the

minister" , and

(

b) by repealing subsection (7).

Section 20 is repealed.

Section 24 (1) is amended by striking out ", with the prior approval of the

minister," .

Cosmetologists Act

Section 4 (2) and (3) of the Cosmetologists Act, R.S.B.C. 1996, c. 178, is repealed and the following substituted:

(2) The board must consist of at least 3 and not more than 6 members, each of whom must be elected by the association.

(3) The members of the board must be elected by the association in the manner provided in the bylaws of the association.

Section 6 is amended

(

a) in subsections (1) (

c) and (3) by striking out "prescribed fee." and substituting

"fee established by the bylaws of the association." , and

(

b) in subsection (4) by striking out "The Lieutenant Governor in Council may prescribe a fee under this section" and substituting

"The association may, by bylaw, establish a fee," .

Section 7 is amended

(

a) in subsections (2) (

c) and (4) by striking out "prescribed fee." and substituting

"fee established by the bylaws of the association." ,

(

b) in subsection (5) by striking out "The Lieutenant Governor in Council may prescribe fees under this section" and substituting

"The association may, by bylaw, establish fees," ,

(

c) in subsection (10) (

a) by striking out "set by the Lieutenant Governor in Council, and" and substituting

"established by the bylaws of the association, and" , and

(

d) in subsection (12) (a) (ii) by striking out "prescribed by the Lieutenant Governor in Council, and" and substituting

"established by the bylaws of the association, and" .

Section 8 is amended

(

a) in subsection (2) (

b) by striking out "prescribed by the Lieutenant Governor in Council, and" and substituting

"established by the bylaws of the association, and" , and

(

b) in subsection (7) by striking out "prescribed by the Lieutenant Governor in Council." and substituting

"established by the bylaws of the association."

Section 9 (2) (

b) and (6) is amended by striking out "prescribed by the Lieutenant Governor in Council." and substituting

"established by the bylaws of the association."

Section 15 is repealed.

Section 20 is repealed.

Section 21 (2) is amended by striking out "With the approval of the Lieutenant Governor in Council, the power" and substituting

"The power" .

Section 23 is amended

(

a) by striking out "With the approval of the Lieutenant Governor in Council, the association may make regulations" and substituting

"The association may make rules" , and

(

b) in paragraphs (

a) and (

b) by striking out "prescribing" and substituting

"establishing" .

Financial Information Act

Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out

"British Columbia Health Research Foundation" .

Financial Institutions Act

Section 141 (2) (a) (viii) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is repealed and the following substituted:

(viii) information services; .

Section 193 (1) (

e) is repealed and the following substituted:

(

e) a society

(

i) that has the power to undertake to pay benefits or render services in the event of accident, sickness or disability or by way of pensions or annuities, and

(ii) that carries on its operations in a limited locality or whose membership is restricted to a certain class of persons;

Forest Act

Section 8 of the Forest Act, R.S.B.C. 1996, c. 157, is amended by adding the following subsections:

(3.1) If, in respect of the allowable annual cut for a timber supply area or tree farm licence area, the chief forester considers that the allowable annual cut that was determined under subsection (1) is not likely to be changed significantly with a new determination, then, despite subsections (1) to (3), the chief forester

(

a) by written order may postpone the next determination under subsection (1) to a date that is up to 10 years after the date of the relevant last determination, and

(

b) must give written reasons for the postponement.

(3.2) If the chief forester, having made an order under subsection (3.1), considers that because of changed circumstances the allowable annual cut that was determined under subsection (1) for a timber supply area or tree farm licence area is likely to be changed significantly with a new determination, he or she

(

a) by written order may rescind the order made under subsection (3.1) and set an earlier date for the next determination under subsection (1), and

(

b) must give written reasons for setting the earlier date.

22 The following

section is added:

Area-based allowable annual cut

151.3

(1) The Lieutenant Governor in Council may make regulations implementing a trial program under which allowable annual cut is determined under

section 8 in whole or in part on the basis of the area from which timber is to be harvested.

(2) A regulation under this

section

(

a) must specify all or part of a timber supply area, tree farm licence area or woodlot licence area as an area to which the trial program applies, and

(

b) may vary this Act, the regulations or a forest licence, timber sale licence, tree farm licence or woodlot licence as they apply, in relation to allowable annual cut, within

(

i) a timber supply area or part of one,

(ii) a tree farm licence area or part of one, or

(iii) a woodlot licence area or part of one

that is specified under paragraph (a).

(3) The Lieutenant Governor in Council must not make a regulation under subsection (2) (

b) varying a forest licence, timber sale licence, tree farm licence or woodlot licence unless the licensee has consented to the amendment.

(4) This

section is repealed on February 1, 2007.

Forest Practices Code of British Columbia Act

23 Sections 13, 24, 28 (2) and 32 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, are repealed.

Section 22 (7) (

c) is amended by striking out "required under

section

24" .

25 The following

section is added:

Existing stand management prescriptions continued

24.1 A stand management prescription that is in effect immediately before the coming into force of this

section remains in effect until the district manager notifies the holder of the stand management prescription that the forest practices required on the area under the prescription have been completed to the satisfaction of the district manager.

Section 33 is amended by striking out "28 to 32" and substituting

"28 to 31" .

27 Sections 40 (2), 41 (6), (6.1) and (7), 42 (3), 43 (2) and 72 are repealed.

Section 41 (7) (c), as re-enacted by

section 79 (

c) of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, is repealed.

Section 96 (1) is amended by striking out "or" at the end of paragraph (

f) and by adding the following:

(f.1) by the regulations, in the course of carrying out silviculture treatments that are approved by the district manager or funded under the Forest Investment vote in the estimates of the ministry, or

Section 143 (3) is amended by striking out "24 (2)," and substituting

"72 (2)," .

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Public Body:

British Columbia Health Research Foundation

Head:

Chair

Public Body:

Hospitals Foundation of British Columbia

Head:

Chair .

Health Research Foundation Act

32 The Health Research Foundation Act, R.S.B.C. 1996, c. 184, is repealed.

Home Owner Grant Act

Section 1 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended

(

a) in the definition of "current year taxes" by striking out

"unpaid real property taxes," and substituting "real property

taxes," , and

(

b) by adding the following definition:

"outstanding taxes" means real property taxes owing and includes any arrears, penalties, delinquent taxes and interest on them;

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

(1) If the collector approves an application for a grant

(

a) the collector must insert on the tax notice, in the manner prescribed, the amount of the grant and the amount of tax remaining due after deducting the grant from current year taxes, and

(

b) the collector may refund to the owner the amount by which any payments made by the owner in respect of current year taxes exceed the amount of current year taxes net of the grant and the amount of outstanding taxes, if any.

Section 14 (1) is repealed.

Hospital Act

Part 3 of the Hospital Act, R.S.B.C. 1996, c. 200, is repealed.

Institute of Technology Act

Section 14 of the Institute of Technology Act, R.S.B.C. 1996, c. 225, is amended

(

a) in subsection (2) (

c) by striking out "subject to the approval of the

minister," ,

(

b) in subsection (2) (

l) by striking out "set, by bylaw with the prior approval of the minister," and substituting

"by bylaw, set" , and

(

c) by repealing subsection (3).

Section 17 (1) is amended by striking out ", with the prior approval of the

minister," .

Mineral Tax Act

Section 12 (1), (2) and (7) of the Mineral Tax Act, R.S.B.C. 1996, c. 291, is repealed and the following substituted:

(1) Each operator of a mine, other than a placer gold mine operator or a quarry operator, must, on or before the last day of the sixth month following the end of the fiscal year of the mine, deliver to the commissioner for that fiscal year of the mine, a return for the mine in the prescribed form and containing the prescribed information.

(2) Despite subsection (1), unless the commissioner issues a demand for the return, an operator of a particular mine, other than a placer gold mine operator or a quarry operator, is not required to deliver a return if

(

a) the aggregate of the amounts determined under

section 9 (1) (

b) and (

e) for all operators of the mine is less than $50 000 for the fiscal year of the mine and the operator who would, but for this section, be required to deliver the return in respect of the mine is an individual, or

(

b) the particular mine was not in commercial operation and

(

i) the operator was not engaged in any reclamation activities with respect to the mine at any time during the fiscal year of the mine, and

(ii) all of the mineral product derived from the mine and all of the assets used in the operation of the mine have been sold or otherwise disposed of.

(7) Each operator, other than a placer gold mine operator or a quarry operator, must, on or before the last day of the sixth month following the end of each fiscal year of the operator, deliver to the commissioner for that fiscal year of the operator, a return for the operator's exploration account in the prescribed form and containing the prescribed information.

Mineral Tenure Act

Section 8 (2) (

a) of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is repealed and the following substituted:

(

a) a person age 18 or over and ordinarily a resident of Canada for at least 183 days in each calendar year or authorized to work in Canada, .

Section 29 (

a) is amended by striking out "prescribed form," and substituting

"prescribed form and containing the prescribed information," .

Section 30 is amended by striking out "an additional year

or" .

Section 31 is amended by striking out "may have" and substituting

", subject to the regulations, may have" .

Section 45 (3) is amended by striking out "made under

section 65 (2)

(f)" .

Section 65 (2) is amended

(

a) by repealing paragraph (

g) and substituting the following:

(

g) specifying the survey methods for the establishment of the area of a mining lease or placer lease and its boundaries, the preparation of the lease plan and the setting of lease provisions, and providing for the resolution of any matters in dispute respecting lease applications and development activities; , and

(

b) by repealing paragraph (

p) and substituting the following:

(

p) prescribing exploration, development and assessment activities for the purposes of the definition of "exploration and development";

(

q) specifying the method and reporting of exploration, development and assessment activities;

(

r) specifying how and when particular exploration, development and assessment activities may be applied to a claim and specifying the amount of credit that may be allowed for any type of work done in respect of a claim;

(

s) respecting portable credits for the purposes of

section 31 and prohibiting any type of work credit from being applied to a portable credit account;

(

t) requiring maps, receipts, invoices and other records and evidence to be produced for the purposes of applications and reports under the Act;

(

u) prescribing forms for the purposes of the Act;

(

v) any other matter for which regulations are contemplated by this Act.

Mines Act

Section 10 (10) of the Mines Act, R.S.B.C. 1996, c. 293, is repealed.

Motor Vehicle Act

Section 94.3 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) in paragraph (

c) by striking out "in the prescribed form" and substituting

", in the form established by the superintendent," , and

(

b) in paragraph (

d) by striking out "in the prescribed form," and substituting

"in the form established by the superintendent," .

Section 94.4 (1) (

c) is amended by striking out "in the prescribed

form" .

Section 95 (4) (

c) is amended by striking out "prescribed under

section 210 (3.1) (b)" and substituting

"established under

section 94.3 (c)" .

Section 104.1 (4) (

a) is amended by striking out "in the prescribed

form" .

51 Sections 104.3 (4), 104.4 (2), 105.2 (4) and 105.3 (2) are amended by striking out

"by registered or certified mail" and substituting "by

mail" .

Section 104.4 is amended

(

a) in subsection (1) (c) (

i) by striking out "in the prescribed form," and substituting

"in the form established by the superintendent," ,

(

b) in subsection (3) by striking out "be in the prescribed form and

must" , and

(

c) in subsection (3) (

b) by striking out "prescribed" .

Section 104.5 (6) (b) (

i) is amended by striking out "in the prescribed

form" .

Section 105.1 (4) (

a) is amended by striking out "in the prescribed

form" .

Section 105.3 is amended

(

a) in subsection (1) (c) (

i) by striking out "in the prescribed form," and substituting

"in the form established by the superintendent," ,

(

b) in subsection (3) by striking out "be in the prescribed form and

must" , and

(

c) in subsection (3) (

b) by striking out "prescribed" .

Section 105.4 (6) (b) (

i) is amended by striking out "in the prescribed

form" .

57 The following

section is added:

Early release of motor vehicle on grounds of economic hardship:

unlicensed drivers and prohibited drivers

105.95

(1) A person who

(

a) is the owner of a motor vehicle impounded under

section 104.1 or 105.1 or, if not the owner of the impounded motor vehicle, an authorized representative of the owner, and

(

b) has a valid driver's licence and is not prohibited from driving,

may, within 30 days after the start of impoundment of the motor vehicle, apply to the superintendent under subsection (2) for the release of the motor vehicle.

(2) The applicant must

(

a) apply in a form acceptable to the superintendent,

(

b) provide the superintendent with any information the superintendent may reasonably require,

(

c) pay to the superintendent the prescribed application fee, and

(

d) establish, to the satisfaction of the superintendent, that the owner is eligible for early release of the motor vehicle on the grounds that

(

i) the motor vehicle is used in an active sole proprietorship, partnership or company,

(ii) the sole proprietorship, partnership or company has a reasonable prospect for generating income that is dependent on the impounded vehicle, and

(iii) the prospective income dependent on the impounded vehicle represents a substantial amount of the anticipated income to be earned by the sole proprietorship, partnership or company during the period of impoundment, or otherwise imposes an economic hardship on the sole proprietorship, partnership or company.

(3) If the superintendent is satisfied, with respect to an application, that the grounds set out in subsection (2) (

d) have been established, the superintendent may, subject to the lien described in sections 104.5 (2) and 105.4 (2),

(

a) with the consent of the owner of the motor vehicle, and

(

b) on receiving payment of the prescribed impound release fee,

order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the applicant.

(4) If a motor vehicle has been released under this

section during the course of an impoundment that occurred in respect of a particular period for which

(

a) the person referred to in

section 104.1 (1) failed to hold a subsisting driver's licence issued under this Act, or

(

b) the person referred to in

section 105.1 (1) was prohibited from driving a motor vehicle,

no further application for the release of the motor vehicle may be made under this

section with respect to an impoundment that occurred in respect of that same period.

Section 118.92 (

e) is repealed.

Section 210 (3.1) is amended

(

a) by repealing paragraphs (b), (c), (e), (f), (i), (

k) and (l), and

(

b) by adding the following paragraphs:

(

p) prescribing the application fee for the purpose of

section 105.95 (2) (c);

(

q) prescribing the impound release fee for the purpose of

section 105.95 (3) (b).

60 Sections 11 to 13 and 46 (

a) of the Supplement to the Motor Vehicle Act are repealed.

Perpetuity Act

Section 4 (

e) and (

f) of the Perpetuity Act, R.S.B.C. 1996, c. 358, is repealed.

Petroleum and Natural Gas Act

Section 2 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed and the following substituted:

Forms

2 The director may establish forms to be used for the purposes of this Act.

Section 74 (1) (

b) is amended by striking out "the minister." and substituting

"the director."

Property Transfer Tax Act

Section 14 (4) (

e) and (

f) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is repealed.

Social Service Tax Act

Section 129 (

g) and (

h) of the Social Services Tax Act, R.S.B.C. 1996, c. 431, is repealed.

Society Act

66 The Society Act, R.S.B.C. 1996, c. 433, is amended by adding the following section:

Consent by Superintendent of Financial Institutions

14.1 Despite

section 14, if a society is exempt, and continues to be exempt, from the requirement to obtain a business authorization under the Financial Institutions Act, the Superintendent of Financial Institutions must consent to the following:

(

a) the adoption by the society of a purpose under

section 14 (1);

(

b) a change in the purposes of the society under

section 20;

(

c) a change in the bylaws of the society under

section 23.

Vital Statistics Act

Section 3 (3) of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended by striking out

"subsection (1) (b), (

c) or (d)," and substituting "subsection (1) (

c) or

(d)," .

Transitionals – Health Research Foundation Act and Hospital Act

Definitions

68 In sections 69 to 74 of this Act:

"hospital" means

(

a) a hospital as defined in

section 1 of the Hospital Act, and

(

b) a society whose purpose includes raising financial support for conferring a benefit on a hospital referred to in paragraph (a);

"Hospitals Foundation" means the Hospitals Foundation of British Columbia;

"instrument" includes any commercial paper, contract, lease, licence, permit, will, trust instrument or other document;

"Research Foundation" means the British Columbia Health Research Foundation;

"Smith Foundation" means the Michael Smith Foundation for Health Research.

Transitional – Health Research Foundation Act

(1) On the repeal of the Health Research Foundation Act,

(

a) the Research Foundation and the scientific advisory committee are dissolved,

(

b) the appointment of each member of the board of directors is rescinded,

(

c) the appointment of each member of the scientific advisory committee is rescinded,

(

d) all of the rights, property and assets of the Research Foundation are transferred to and vested in the Smith Foundation, and

(

e) the Smith Foundation assumes all obligations and liabilities of the Research Foundation.

(2) On or after the date on which the Health Research Foundation Act is repealed, a reference to the Research Foundation in an instrument is deemed to be a reference to the Smith Foundation.

(3) A gift by inter vivos or testamentary act does not fail only because of the dissolution of the Research Foundation and the transfer of its rights, property and assets to the Smith Foundation by this Act.

(4) If rights, property or assets transferred under subsection (1) (

d) arose from a gift, devise or bequest to the Research Foundation, the Smith Foundation is subject to any conditions in the gift, devise or bequest to the same extent as the Research Foundation.

No tax on transfer – Health Research Foundation Act

70 No tax is payable under the Property Transfer Tax Act or the Social Service Tax Act by the Research Foundation or the Smith Foundation in respect of a transfer or vesting under

section

Section 16 does not apply

Section 16 of the Health Research Foundation Act does not apply to the fiscal year ending March 31, 2002 or any following fiscal year.

Transitional – Hospital Act

(1) On the repeal of

Part 3 of the Hospital Act,

(

a) the Hospitals Foundation is dissolved,

(

b) the appointment of each member of the board is rescinded,

(

c) all capital transferred to the Hospitals Foundation under

section 29 (3) of the Hospital Act and any income accrued in respect of that capital is transferred to and vested in the hospital from which the capital was received,

(

d) all of the rights, property and assets of the Hospitals Foundation that arose from a gift, devise, bequest or trust for the benefit of a hospital, except the capital and income referred to in paragraph (c), are transferred to and vested in the hospital, and

(

e) the government assumes all obligations and liabilities of the Hospitals Foundation.

(2) On or after the date on which

Part 3 of the Hospital Act is repealed, a reference to the Hospitals Foundation in an instrument is

(

a) if the instrument provides for a gift, devise, bequest or distribution of rights, property or assets to the Hospitals Foundation for the benefit of a hospital, deemed to be a reference to the hospital, and

(

b) if the instrument is in respect of an obligation or liability assumed by the government, deemed to be a reference to the government.

(3) A gift by inter vivos or testamentary act does not fail only because of the dissolution of the Hospitals Foundation and the transfer of its rights, property and assets by this Act.

(4) If rights, property or assets transferred under subsection (1) (

c) or (

d) arose from a gift, devise, bequest or trust, the transferee is subject to any conditions in the gift, devise, bequest or trust to the same extent as the Hospitals Foundation.

No tax on transfer – Hospital Act

73 No tax is payable under the Property Transfer Tax Act or the Social Service Tax Act by the Hospitals Foundation or a transferee in respect of a transfer or vesting under

section 72.

Appropriation

74 Money required to be paid out in respect of obligations and liabilities of the Hospitals Foundation assumed by the government under

section 72 (1) (

e) may be paid out of the consolidated revenue fund.

Commencement

(1) Sections 1 to 5, 9 to 18, 31 to 36, 57, 59 (b), 61, 64, 65, 68 to 70 and 72 to 74 come into force by regulation of the Lieutenant Governor in Council.

(2) Sections 6, 7 and 37 are deemed to have come into force on March 31, 2002 and are retroactive to the extent necessary to give them effect on and after that date.

(3) Section 20 is deemed to have come into force on September 15, 1990 and is retroactive to the extent necessary to give it effect on and after that date.

(4) Section 39 is deemed to have come into force on January 1, 2001 and is retroactive to the extent necessary to give it effect on and after that date.

Explanatory Notes

Barbers Act

(Ministry of Skills Development and Labour)

SECTION 1: [Barbers Act, repeals and replaces

section 5 (1)] removes the minister's role

in appointing members to the Board of Examiners in Barbering.

SECTION 2: [Barbers Act, repeals

section 11] removes the minister's role in hearing

appeals from actions and decisions of the Board of Examiners in Barbering.

SECTION 3: [Barbers Act, repeals

section 20] removes a requirement that The Barbers'

Association of British Columbia provide a certified return to the minister.

SECTION 4: [Barbers Act, repeals

section 21 (4)] removes any role of the Lieutenant

Governor in Council respecting the administration and enforcement of the

Barbers Act.

SECTION 5: [Barbers Act, amends

section 22] removes any need for approval by the Lieutenant

Governor in Council respecting the making of rules by The Barbers'

Association of British Columbia.

College and Institute Act

(Ministry of Advanced Education)

SECTION 6: [College and Institute Act, amends

section 19 (1) (

d) and repeals

subsection (7)]

(

a) removes the requirement that bylaws respecting the conduct of a board's affairs be approved by the minister before they come into force;

(

b) removes the requirement that a board forward to the minister a copy of passed resolutions and bylaws.

SECTION 7: [College and Institute Act, repeals

section 20] is consequential to the

amendment to

section 19 (1) (

d) of the College and Institute Act.

SECTION 8: [College and Institute Act, amends

section 24 (1)] removes the requirement

that the education council obtain approval of the minister before making

bylaws for the conduct of its business.

Cosmetologists Act

(Ministry of Skills Development and Labour)

SECTION 9: [Cosmetologists Act, repeals and replaces

section 4 (2) and (3)] removes the

minister's role in appointing members to the board.

SECTION 10: [Cosmetologists Act, amends

section 6] allows the association to establish fees

instead of having them prescribed by regulation of the Lieutenant Governor in

Council.

SECTION 11: [Cosmetologists Act, amends

section 7] allows the association to establish fees

instead of having them prescribed by regulation of the Lieutenant Governor in

Council.

SECTION 12: [Cosmetologists Act, amends

section 8 (2) (

b) and (7)] allows the association

to establish fees instead of having them prescribed by regulation of the Lieutenant

Governor in Council.

SECTION 13: [Cosmetologists Act, amends

section 9 (2) (

b) and (6)]

allows the association to establish fees instead of having them prescribed by regulation of the Lieutenant Governor in Council;

allows the association to establish the minimum number of hours of supervised work a student of cosmetology must perform before attending examinations.

SECTION 14: [Cosmetologists Act, repeals

section 15] removes appeals to the minister.

SECTION 15: [Cosmetologists Act, repeals

section 20] removes the requirement that the

association file with the minister a certified return of its affairs.

SECTION 16: [Cosmetologists Act amends

section 21 (2)] removes a requirement to have

Lieutenant Governor in Council approval for appointment of inspectors.

SECTION 17: [Cosmetologists Act, amends

section 23] allows the association to make its

own rules.

Financial Information Act

(Ministry of Finance)

SECTION 18: [Financial Information Act, amends

Schedule 2] is consequential to the

repeal of the Health Research Foundation Act.

Financial Institutions Act

(Ministry of Finance)

SECTION 19: [Financial Institutions Act, repeals and replaces

section 141 (2) (a) (viii)]

clarifies terminology respecting a type of business that a financial institution

may acquire, hold or control.

SECTION 20: [Financial Institutions Act, repeals and replaces

section 193 (1) (e)] clarifies

and validates that a society that, immediately before September 15, 1990, was

offering non-profit insurance to its members is exempt from sections 59

and 159 of the Financial Institutions Act.

Forest Act

(Ministry of Forests)

SECTION 21: [Forest Act, adds

section 8 (3.1) and (3.2)] allows the chief forester by order

to postpone an allowable annual cut determination for up to 5 years after the

date it is required to be made, and to make a new order because of changed

circumstances.

SECTION 22: [Forest Act, enacts

section 151.3] establishes a trial program for the purpose

of assessing the merits of regulating the quantity of timber cut on the basis of

the area from which the timber is harvested.

Forest Practices Code of British Columbia Act

(Ministry of Forests)

SECTION 23: [Forest Practices Code of British Columbia Act, repeals sections 13, 24,

28 (2) and 32] eliminates references to stand management prescriptions consequential

to the elimination of the requirement for this plan and repeals provisions

as a consequence of the elimination of the requirement to have forest

development plans "jointly signed off" in community watersheds and areas

that meet prescribed requirements.

SECTION 24: [Forest Practices Code of British Columbia Act, amends

section 22 (7) (c)]

eliminates references to stand management prescriptions consequential to the

elimination of the requirement for this plan and repeals provisions as a consequence

of the elimination of the requirement to have forest development plans

"jointly signed off" in community watersheds and areas that meet prescribed

requirements.

SECTION 25: [Forest Practices Code of British Columbia Act, enacts

section 24.1] provides

that an existing stand management prescription has effect after the requirement

for new prescriptions is eliminated.

SECTION 26: [Forest Practices Code of British Columbia Act, amends

section 33] is consequential

to the elimination of the requirement for a stand management prescription.

SECTION 27: [Forest Practices Code of British Columbia Act, repeals sections 40 (2), 41

(6), (6.1) and (7), 42 (3), 43 (2) and 72] is consequential to the elimination of

the requirement to have forest development plans jointly signed off in

community watersheds and areas that meet prescribed requirements and to the

elimination of the requirement for a stand management prescription.

SECTION 28: [Forest Practices Code of British Columbia Act, repeals

section 41 (7) (c)]

repeals a not in force provision in consequence of the repeal of

section 41 (7)

of the Act by this Bill.

SECTION 29: [Forest Practices Code of British Columbia Act, adds

section 96 (1) (f.1)]

expands the exception to the prohibition against cutting, damaging or

destroying Crown timber.

SECTION 30: [Forest Practices Code of British Columbia Act, amends

section 143 (3)]

removes cross-references to provisions repealed by this Bill.

Freedom of Information and Protection of Privacy Act

(Ministry of Management Services)

SECTION 31: [Freedom of Information and Protection of Privacy Act, amends

Schedule 2]

is consequential to the repeal of

Part 3 of the Hospital Act and of the Health

Research Foundation Act.

Health Research Foundation Act

(Ministry of Health Planning)

SECTION 32: [Health Research Foundation Act, repeals the Act] is self explanatory.

Home Owner Grant Act

(Ministry of Finance)

SECTION 33: [Home Owner Grant Act, amends

section 1]

(

a) removes the requirement that current year taxes had to be unpaid at the time of application for the home owner grant, and

(

b) adds a definition.

SECTION 34: [Home Owner Grant Act, repeals and replaces

section 10 (1)] gives the

collector the additional power to refund to an owner any payment made on

current year taxes which exceeds the amount of outstanding taxes net of the

grant.

SECTION 35: [Home Owner Grant Act, repeals

section 14 (1)] is consequential to the

amendment made to

section 1 of the Home Owner Grant Act.

Hospital Act

(Ministry of Health Services)

SECTION 36: [Hospital Act, repeals

Part 3] is self explanatory.

Institute of Technology Act

(Ministry of Advanced Education)

SECTION 37: [Institute of Technology Act, amends

section 14]

(

a) removes the requirement that bylaws respecting fees for instruction be approved by the minister;

(

b) removes the requirement that the board obtain approval of the minister before making bylaws respecting the reimbursement of travel expenses for members of the board;

(

c) removes the requirement that general bylaws of the institute be approved by the minister before they have effect.

SECTION 38: [Institute of Technology Act, amends

section 17 (1)] removes the requirement

that the education council obtain approval of the minister before making

bylaws for the conduct of its business.

Mineral Tax Act

(Ministry of Provincial Revenue)

SECTION 39: [Mineral Tax Act, repeals and replaces

section 12 (1), (2) and (7)] amends the

subsections to clarify the intent of recent amendments.

Mineral Tenure Act

(Ministry of Energy and Mines)

SECTION 40: [Mineral Tenure Act, repeals and replaces

section 8 (2) (a)] removes a

requirement that an applicant for a free miner certificate demonstrate a

prescribed standard of knowledge.

SECTION 41: [Mineral Tenure Act, amends

section 29 (a)] allows for regulations to

prescribe the information required for the purposes of the section.

SECTION 42: [Mineral Tenure Act, amends

section 30] is self explanatory.

SECTION 43: [Mineral Tenure Act, amends

section 31] is self explanatory.

SECTION 44: [Mineral Tenure Act, amends

section 45 (3)] removes specific reference to

regulations providing for the survey of land covered by a placer lease.

SECTION 45: [Mineral Tenure Act, amends

section 65 (2)] provides additional regulation

making powers respecting

survey methods, lease plans, and the resolution of disputes respecting lease applications and development activities;

exploration and development;

portable credits for the purposes of

section 31 of the Act;

maps, receipts, invoices and other records and evidence required to be produced;

forms.

Mines Act

(Ministry of Energy and Mines)

SECTION 46: [Mines Act, repeals

section 10 (10)] repeals the requirement to submit a site

profile under the Waste Management Act as a condition of obtaining a permit

to commence work on a mine.

Motor Vehicle Act

(Ministry of Transportation)

SECTION 47: [Motor Vehicle Act, amends

section 94.3] allows the superintendent to

establish the form of a certificate of service and a report.

SECTION 48: [Motor Vehicle Act, amends

section 94.4 (1) (c)] repeals a requirement that a

statutory declaration be in a form prescribed by regulation.

SECTION 49: [Motor Vehicle Act, amends

section 95 (4) (c)] is consequential to the

amendment to

section 94.3 (

c) of the Act as enacted by this Bill.

SECTION 50: [Motor Vehicle Act, amends

section 104.1 (4) (a)] repeals a requirement that

a statutory declaration be in a form prescribed by regulation.

SECTION 51: [Motor Vehicle Act, amends sections 104.3 (4), 104.4 (2), 105.2 (4) and

105.3 (2)] replaces the requirement that vehicle impoundment notices be sent

to registered owners by registered or certified mail with the requirement that

they be sent by mail.

SECTION 52: [Motor Vehicle Act, amends

section 104.4] allows the superintendent to

establish the form of a report and repeals a requirement that a notice of

impoundment with instructions be in a form prescribed by regulation.

SECTION 53: [Motor Vehicle Act, amends

section 104.5 (6) (b) (i)] repeals a requirement

that a statutory declaration be in a form prescribed by regulation.

SECTION 54: [Motor Vehicle Act, amends

section 105.1 (4) (a)] repeals a requirement that

a statutory declaration be in a form prescribed by regulation.

SECTION 55: [Motor Vehicle Act, amends

section 105.3] allows the superintendent to

establish the form of a report and repeals a requirement that a notice of

impoundment with instructions be in a form prescribed by regulation.

SECTION 56: [Motor Vehicle Act, amends

section 105.4 (6) (b) (i)] repeals a requirement

that a statutory declaration be in a form prescribed by regulation.

SECTION 57: [Motor Vehicle Act, enacts

section 105.95] allows the owner of an impounded

motor vehicle that is used by a sole proprietorship, partnership or company to

apply to the Superintendent of Motor Vehicles for the release of the motor

vehicle on the grounds that the impoundment will cause economic hardship to

the sole proprietorship, partnership or company.

SECTION 58: [Motor Vehicle Act, repeals

section 118.92 (e)] repeals a provision that was

enacted in error.

SECTION 59: [Motor Vehicle Act, amends

section 210 (3.1)]

(

a) removes the authorization for the Lieutenant Governor in Council to prescribe forms for certain certificates of service, reports by peace officers, notices of impoundment and statutory declarations, and

(

b) allows the Lieutenant Governor in Council to prescribe fees respecting the release of impounded motor vehicles.

Motor Vehicle Act

(Ministry of Finance)

SECTION 60: [Supplement to the Motor Vehicle Act, repeals sections 11 to 13 and 46 (a)]

repeals provisions, enacted and never brought into force, that are

inconsistent with the current scheme for issuing violation tickets under the Offence Act;

no longer required because a year-round licensing scheme has been implemented using other legislative authorities.

Perpetuity Act

(Ministry of Attorney General)

SECTION 61: [Perpetuity Act, repeals

section 4 (

e) and (f)] is consequential to the repeal of

Part 3 of the Hospital Act and of the Health Research Foundation Act.

Petroleum and Natural Gas Act

(Ministry of Energy and Mines)

SECTION 62: [Petroleum and Natural Gas Act, re-enacts

section 2] allows the Director of

Petroleum Lands to establish forms for use under the Petroleum and Natural

Gas Act.

SECTION 63: [Petroleum and Natural Gas Act, amends

section 74 (1) (b)] allows the

Director of Petroleum Lands to specify the form and manner of filing and

completing reports.

Property Transfer Tax Act

(Ministry of Provincial Revenue)

SECTION 64: [Property Transfer Tax Act, repeals

section 14 (4) (

e) and (f)] is consequential

to the repeal of

Part 3 of the Hospital Act and of the Health Research Foundation

Act.

Social Service Tax Act

(Ministry of Provincial Revenue)

SECTION 65: [Social Service Tax Act, repeals

section 129 (

g) and (h)] is consequential to

the repeal of

Part 3 of the Hospital Act and of the Health Research Foundation

Act.

Society Act

(Ministry of Finance)

SECTION 66: [Society Act, enacts

section 14.1] requires the Superintendent of Financial

Institutions to consent to the adoption of purposes and bylaws by societies that

are not required under the Financial Institutions Act to obtain a business authorization.

Vital Statistics Act

(Ministry of Health Planning)

SECTION 67: [Vital Statistics Act, amends

section 3 (3)] removes the requirement for a

child's mother to submit an affidavit for the circumstances set out in

section 3 (1) (b).

SECTION 68: [Definitions] add

definitions for sections 69 to 74 of this Bill.

SECTION 69: [Transitional – Health Research Foundation Act]

dissolves the British Columbia Health Research Foundation;

rescinds the appointments to the Research Foundation's board;

transfers the Research Foundation's assets and liabilities.

SECTION 70: [No tax on transfer – Health Research Foundation Act] is self explanatory.

SECTION 71: [Section 16 does not apply] exempts the Research Foundation from the

requirement to submit reports and financial statements to the minister within

90 days after the end of the fiscal year.

SECTION 72: [Transitional – Hospital Act]

dissolves the Hospitals Foundation of British Columbia;

rescinds the appointments to the Hospitals Foundation's board;

transfers the Hospitals Foundation's assets and liabilities.

SECTION 73: [No tax on transfer – Hospital Act] is self explanatory.

SECTION 74: [Appropriation] provides authority to pay any foundation debts or liabilities

assumed by the government out of the consolidated revenue fund.

Copyright

© 2002: Queen's Printer, Victoria, British Columbia, Canada