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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 8 – 2002

DEREGULATION STATUTES AMENDMENT ACT, 2002

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

Assessment Act

Section 3 of the Supplement to the Assessment Act, R.S.B.C. 1996, c. 20, is repealed.

Community Regulation Act

2 The Community Regulation Act, R.S.B.C. 1960, c. 66, is repealed.

Cultural Foundation of British Columbia Act

3 The Cultural Foundation of British Columbia Act, R.S.B.C. 1996, c. 90, is repealed.

Curfew Act

4 The Curfew Act, R.S.B.C. 1996, c. 91, is repealed.

Debtor Assistance Act

Section 7 (3) of the Debtor Assistance Act, R.S.B.C. 1996, c. 93, is repealed.

Dike Maintenance Act

Section 2 (3) (

d) and (

e) of the Dike Maintenance Act, R.S.B.C. 1996, c. 95, is repealed.

Dogwood, Rhododendron and Trillium Protection Act

7 The Dogwood, Rhododendron and Trillium Protection Act, R.S.B.C. 1996, c. 100, is repealed.

Drainage, Ditch and Dike Act

Part 1 of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is repealed.

9 Forms A to H of the

Schedule are repealed.

Financial Institutions Act

Section 61 (4) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is repealed and the following substituted:

(4) On an amalgamation under

section 26 of this Act, the amalgamated financial institution must, within 30 days after the date of amalgamation, file with the commission an application in the prescribed form for a business authorization.

(4.1) On the issue of a certificate of amalgamation under

section 20 (7) (

b) of the Credit Union Incorporation

Act , the commission must issue the appropriate business authorization for which the credit union would qualify under this Part.

Section 166 is repealed and the following substituted:

Amalgamation of extraprovincial corporations

(1) If an extraprovincial corporation authorized under this Part to carry on business in British Columbia amalgamates with one or more extraprovincial corporations, all of which are authorized under this Part to carry on the same kind of business in British Columbia as the first extraprovincial corporation, it must file with the commission

(

a) the written consent to the amalgamation from the appropriate official of the corporation's primary jurisdiction, and

(

b) any other documents or information required by the superintendent,

and the commission must issue the appropriate business authorization for which the amalgamated extraprovincial corporation would qualify under this Part.

(2) An amalgamated corporation referred to in subsection (1) may carry on business, as directed by the commission, under the existing business authorization issued with respect to one of the amalgamating corporations until the commission has issued the amalgamated corporation a new business authorization under subsection (1).

(3) If an extraprovincial corporation authorized under this Part to carry on business in British Columbia amalgamates with one or more extraprovincial corporations, one or more of which are not authorized under this Part to carry on the same kind of business in British Columbia as the first extraprovincial corporation, it must file with the commission

(

a) the written consent to the amalgamation from the appropriate official of the corporation's primary jurisdiction, and

(

b) any other documents or information required by the superintendent.

(4) On receipt of the written consent, documents and information required under subsection (3), the commission may

(

a) issue, subject to first receiving the consent of the minister, the appropriate business authorization for which the amalgamated extraprovincial corporation would qualify under this Part, or

(

b) direct the amalgamated corporation referred to in subsection (3) to apply for a business authorization.

(5) The minister must not consent to the issue of a business authorization under subsection (4) (

a) if the minister believes, on reasonable grounds, that it would be contrary to the public interest for any person owning 10% or more of voting shares in the amalgamated corporation or any of the amalgamating corporation's directors or senior officers to be in a position to control or influence a corporation that, in British Columbia, carries on

(

a) trust business or deposit business, if the applicant is an extraprovincial trust corporation, or

(

b) insurance business, if the applicant is an extraprovincial insurance corporation.

(6) An amalgamated corporation referred to in subsection (3) may continue to carry on business, as directed by the commission, under the existing business authorization issued with respect to one of the amalgamating corporations until a new business authorization has been

(

a) issued to the amalgamated corporation by the commission, or

(

b) refused by the commission.

(7) If the commission has refused an application from an extraprovincial corporation for a business authorization referred to in subsection (4) (b), the extraprovincial corporation may carry on business under its existing business authorization only to the extent permitted by

section 249 (8) as it applies for the purposes of this Part.

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:

Office of the Northern Development Commissioner

Head:

Northern Development Commissioner .

Health Act

13 The Supplement to the Health Act, R.S.B.C. 1996, c. 179, is repealed.

Income Tax Act

14 The Supplement to the Income Tax Act, R.S.B.C. 1996, c. 215, is repealed.

Library Foundation of British Columbia Act

15 The Library Foundation of British Columbia Act, R.S.B.C. 1996, c. 265, is repealed.

Livestock Act

Section 1 of the Livestock Act, R.S.B.C. 1996, c. 270, is amended by repealing the

definitions of

"artificial insemination" , "artificial insemination centre" , "licensed technician" and

"operator" .

17 Sections 12 to 18 are repealed.

Section 19 is amended by repealing subsection (1) (

h) and (i).

Section 20 is amended by repealing subsection (2) (

k) to (o).

Local Government Act

Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following

definitions:

"officer assigned responsibility under

section 198" , when used in a provision that applies in relation to the City of Vancouver, includes the City Clerk under the Vancouver

Charter ;

"officer assigned responsibility under

section 199" , when used in a provision that applies in relation to the City of Vancouver, includes the City Treasurer under the Vancouver

Charter ; .

Section 205 (1) (

a) is amended by striking out "municipal or regional district" and substituting

"municipal, regional district or improvement district" .

Ministry of Industry and Small Business Development Act

22 The Ministry of Industry and Small Business Development Act, R.S.B.C. 1996, c. 302, is repealed.

Ministry of International Trade, Science and Investment Act

23 The Ministry of International Trade, Science and Investment Act, R.S.B.C. 1996, c. 305, is repealed.

Municipalities Enabling and Validating Act (No. 3)

24 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:

Part 2 – 2002

Confirmation of Vancouver officials authority

(1) All things done that would have been validly done had

(

a) a reference in an enactment or other record to an officer assigned responsibility under

section 198 of the Local Government Act included a reference to the City Clerk under the Vancouver

Charter ,

(

b) a reference in an enactment or other record to a designated municipal officer or a designated local government officer included a reference to the City Clerk under the Vancouver

Charter , and

(

c) a reference in an enactment or other record to an officer assigned responsibility under

section 199 of the Local Government Act included a reference to the City Treasurer under the Vancouver

Charter ,

are conclusively deemed to have been validly done.

(2) This

section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Name Act

Section 6 of the Name Act, R.S.B.C. 1996, c. 328, is repealed.

Section 7 (1) (

d) is repealed.

Section 12 is repealed and the following substituted:

Publication of change of name

(1) Promptly after issuing a certificate of change of name under

section 11, the director must publish

(

a) the person's new and former names,

(

b) the person's date of birth,

(

c) the name of the municipality in which the person resides, and

(

d) the effective date of the certificate.

(2) Publication under subsection (1) may be in any form readily accessible to the public as determined by the director, including electronic publication.

(3) Subsection (1) does not apply if

(

a) the change of name is made for the sole purpose of changing the surname of a minor to the surname of the applicant, or

(

b) in the opinion of the director, publication is not in the public interest.

Section 13 (5) is repealed and the following substituted:

(5) If the director has made a determination under

section 12 (3) (

b) not to publish a change of name and the director considers it in the public interest to do so, the director may refuse to issue a certificate under subsection (1) of this

section or give information respecting the person's change of name.

Northern Development Act

29 The Northern Development Act, S.B.C. 1998, c. 17, is repealed.

Pawnbrokers Act

30 The Pawnbrokers Act, R.S.B.C. 1996, c. 350, is repealed.

Premier's Advisory Council for Persons with Disabilities Act

31 The Premier's Advisory Council for Persons with Disabilities Act, R.S.B.C. 1996, c. 371, is repealed.

Public Service Bonding Act

32 The Public Service Bonding Act, R.S.B.C. 1996, c. 387, is repealed.

Social Service Tax Act

33 The Supplement to the Social Service Tax Act, R.S.B.C. 1996, c. 431, is repealed.

Special Enterprise Zone and Tax Relief Act

34 The Special Enterprise Zone and Tax Relief Act, R.S.B.C. 1996, c. 438, is repealed.

35 The Supplement to the Special Enterprise Zone and Tax Relief Act is repealed.

Tobacco Fee Act

36 The Tobacco Fee Act, S.B.C. 1998, c. 46, is repealed.

Trade and Convention Centre Act

37 The Trade and Convention Centre Act, R.S.B.C. 1996, c. 455, is repealed.

Universities Real Estate Development Corporation Act

38 The Universities Real Estate Development Corporation Act, S.B.C. 1965, c. 55, is repealed.

University Endowment Land Park Act

39 The University Endowment Land Park Act, R.S.B.C. 1996, c. 470, is repealed.

Wills Act

Section 36 (1) of the Wills Act, R.S.B.C. 1996, c. 489, is amended by striking out

"on written application in the form prescribed by regulation," and substituting

"on application in a form satisfactory to the Director of Vital

Statistics," .

Section 38 (

e) is repealed.

Transitional – Cultural Foundation of British Columbia Act

(1) In this section, "Act" means the Cultural Foundation of British Columbia

Act .

(2) Despite the repeal of the Act, the Minister of Community, Aboriginal and Women's Services is authorized, subject to

section 11 (3) (

b) of the Act, to distribute to the British Columbia Arts Council the funds and property held by the board of the Cultural Foundation of British Columbia on the date of repeal of the Act.

(3) This

section is repealed on December 31, 2002.

Transitional – Library Foundation of British Columbia Act

(1) In this section, "Act" means the Library Foundation of British Columbia

Act .

(2) Despite the repeal of the Act, the Minister of Community, Aboriginal and Women's Services is authorized, subject to

section 11 (3) (

a) and (

b) of the Act, to distribute to the Vancouver Public Library Board the funds and property held by the board of the Library Foundation of British Columbia on the date of repeal of the Act.

(3) This

section is repealed on December 31, 2002.

Commencement

(1) Sections 22 and 23 come into force on April 1, 2002.

(2) Sections 25 to 28 come into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Assessment Act

(Ministry of Community, Aboriginal and Women's Services)

SECTION 1: [ Assessment Act, repeals

section 3 of the Supplement] is consequential to the

repeal of the Special Enterprise Zone and Tax Relief Act .

Community Regulation Act

(Ministry of Attorney General)

SECTION 2: [Community Regulation Act, repeals the Act] is self explanatory.

Cultural Foundation of British Columbia Act

(Ministry of Community, Aboriginal and Women's Services)

SECTION 3: [Cultural Foundation of British Columbia Act, repeals the Act] repeals an

Act for which there has been no significant activity for the past 4 years.

Curfew Act

(Ministry of Public Safety and Solicitor General)

SECTION 4: [Curfew Act, repeals the Act] is self explanatory.

Debtor Assistance Act

(Ministry of Attorney General)

SECTION 5: [Debtor Assistance Act, repeals

section 7 (3)] is consequential to the repeal of

the Public Service Bonding Act .

Dike Maintenance Act

(Ministry of Water, Land and Air Protection)

SECTION 6: [Dike Maintenance Act, repeals

section 2 (3) (

d) and (e)] repeals provisions

that are now covered under the Emergency Program Act .

Dogwood, Rhododendron and Trillium Protection Act

(Ministry of Sustainable Resource Management)

SECTION 7: [Dogwood, Rhododendron and Trillium Protection Act, repeals the Act] is

self explanatory.

Drainage, Ditch and Dike Act

(Ministry of Water, Land and Air Protection)

SECTION 8: [Drainage, Ditch and Dike Act, repeals

Part 1] repeals an obsolete program

for the authorization and regulation of ditches and watercourses used for

drainage.

SECTION 9: [Drainage, Ditch and Dike Act, amends the Schedule] is consequential to the

amendment made by

section 9 of this Bill.

Financial Institutions Act

(Ministry of Finance)

SECTION 10: [Financial Institutions Act, repeals and replaces

section 61 (4) and adds

subsection (4.1)] eliminates a requirement that a merged credit union, having

already received approval from the commission to merge, apply for a business

authorization.

SECTION 11: [Financial Institutions Act, re-enacts

section 166] reduces the regulatory

burden on extraprovincial corporations that merge with regulated and unregulated

entities.

Freedom of Information and Protection of Privacy Act

(Ministry of Management Services)

SECTION 12: [Freedom of Information and Protection of Privacy Act, amends

Schedule 2]

is consequential to the repeal of the Northern Development Act .

Health Act

(Ministry of Health Services)

SECTION 13: [Health Act, repeals the Supplement] is self explanatory.

Income Tax Act

(Ministry of Provincial Revenue)

SECTION 14: [ Income Tax Act, repeals the Supplement] is consequential to the repeal of the

Special Enterprise Zone and Tax Relief Act .

Library Foundation of British Columbia Act

(Ministry of Community, Aboriginal and Women's Services)

SECTION 15: [Library Foundation of British Columbia Act, repeals the Act] repeals

an Act

for which there has been no significant activity for the past 4 years.

Livestock Act

(Ministry of Agriculture, Food and Fisheries)

SECTION 16: [Livestock Act, amends

section 1] removes

definitions respecting artificial

insemination.

SECTION 17: [Livestock Act, repeals sections 12 to 18] removes licensing provisions

respecting artificial insemination.

SECTION 18: [Livestock Act, repeals

section 19 (1) (

h) and (i)] is self explanatory.

SECTION 19: [Livestock Act, repeals

section 20 (2) (

k) to (o)] is self explanatory.

Local Government Act

(Ministry of Community, Aboriginal and Women's Services)

SECTION 20: [Local Government Act, amends

section 5] extends the defined terms to

include Vancouver municipal officials.

SECTION 21: [Local Government Act, amends

section 205 (1) (a)] empowers the Board of

Examiners to set employee qualifications and standards and to certify persons

employed by improvement districts.

Ministry of Industry and Small Business Development Act

(Ministry of Competition, Science and Enterprise)

SECTION 22: [ Ministry of Industry and Small Business Development Act, repeals the Act]

is self explanatory.

Ministry of International Trade, Science and Investment Act

(Ministry of Competition, Science and Enterprise)

SECTION 23: [Ministry of International Trade, Science and Investment Act, repeals

the Act] is self explanatory.

Municipalities Enabling and Validating Act (No. 3)

(Ministry of Community, Aboriginal and Women's Services)

SECTION 24: [Municipalities Enabling and Validating Act (No. 3), enacts

Part 2] validates

the actions of the Vancouver City Clerk and City Treasurer in relation to enactments

that relied on the use of the terms referring to municipal clerks and treasurers

before local government statute amendments came into force September

Name Act

(Ministry of Health Services)

SECTION 25: [Name Act, repeals

section 6] removes the requirement that a person who

intends to apply for a change of name under the Name Act must first give notice

of that intention in the Gazette and a local newspaper.

SECTION 26: [Name Act, repeals

section 7 (1) (d)] is consequential to the repeal of

section 6

of the Name Act .

SECTION 27: [Name Act, re-enacts

section 12] provides additional information and flexibility

as to the means of giving notice of a change of name.

SECTION 28: [Name Act, repeals and replaces

section 13 (5)] is consequential to the repeal

section 6 of the Name Act .

Northern Development Act

(Ministry of Competition, Science and Enterprise)

SECTION 29: [Northern Development Act, repeals the Act] is self explanatory.

Pawnbrokers Act

(Ministry of Public Safety and Solicitor General)

SECTION 30: [Pawnbrokers Act, repeals the Act] is self explanatory.

Premier's Advisory Council for Persons with Disabilities Act

(Ministry of Finance)

SECTION 31: [Premier's Advisory Council for Person's with Disabilities Act, repeals the

Act] repeals

an Act for which there has been no significant activity since 1994.

Public Service Bonding Act

(Ministry of Management Services)

SECTION 32: [Public Service Bonding Act, repeals the Act] repeals an obsolete Act.

Social Service Tax Act

(Ministry of Provincial Revenue)

SECTION 33: [ Social Service Tax Act, repeals the Supplement] is consequential to the repeal

of the Special Enterprise Zone and Tax Relief Act .

Special Enterprise Zone and Tax Relief Act

(Ministry of Competition, Science and Enterprise)

SECTION 34: [ Special Enterprise Zone and Tax Relief Act, repeals the Act] is self explanatory.

SECTION 35: [ Special Enterprise Zone and Tax Relief Act, repeals the Supplement] is self

explanatory.

Tobacco Fee Act

(Ministry of Health Services)

SECTION 36: [Tobacco Fee Act, repeals the Act] repeals an unproclaimed Act.

Trade and Convention Centre Act

(Ministry of Competition, Science and Enterprise)

SECTION 37: [Trade and Convention Centre Act, repeals the Act] is self explanatory.

Universities Real Estate Development Corporation Act

(Ministry of Sustainable Resource Management)

SECTION 38: [Universities Real Estate Development Corporation Act, repeals the Act] is

self explanatory.

University Endowment Land Park Act

(Ministry of Water, Land and Air Protection)

SECTION 39: [University Endowment Land Park Act, repeals the Act] is self explanatory.

Wills Act

(Ministry of Health Services)

SECTION 40: [Wills Act, amends

section 36 (1)] replaces the requirements that an application

to ascertain whether a notice has been filed under the Act be written and

prescribed by regulation with the requirement that the application be in a form

satisfactory to the Director of Vital Statistics.

SECTION 41: [Wills Act, repeals

section 38 (e)] is consequential to the proposed amendment

section 36 of the Act.

SECTION 42: [Transitional – Cultural Foundation of British Columbia Act] allows the

Ministry of Community, Aboriginal and Women's Services to distribute to the

British Columbia Arts Council funds and property held by the board of the

Cultural Foundation of British Columbia on the date of repeal of the Cultural

Foundation of British Columbia Act .

SECTION 43: [Transitional – Library Foundation of British Columbia Act] allows the

Ministry of Community, Aboriginal and Women's Services to distribute to the

Vancouver Public Library Board funds and property held by the board of the

Library Foundation of British Columbia on the date of repeal of the Library

Foundation of British Columbia Act .

Copyright

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