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c) Queen's Printer,

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1998 Legislative Session: 3rd Session, 36th 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 29th day of July, 1998

Ian D. Izard, Law Clerk

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR

MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 50 – 1998

MISCELLANEOUS STATUTES AMENDMENT

ACT (No. 3), 1998

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

Human Tissue Gift Act

1 The Human Tissue Gift Act, R.S.B.C. 1996, c. 221, is amended by adding the following

section:

Regulations

(1) The Lieutenant Governor in Council may make regulations that establish

standards, practices, protocols or procedures

(

a) requiring notification of an agency described by subsection (2) (d), patients

or relatives of patients so that consideration can be given in a timely manner

to the giving of a consent in appropriate circumstances,

(

b) facilitating the giving of consents if patients or their relatives wish these

consents to be given, or

(

c) expediting the effective use of consents.

(2) Regulations under subsection (1) may be made to apply to

(

a) health care professionals specified in those regulations,

(

b) a hospital as defined in

section 1 of the Hospital Act or a licensed hospital

as defined in

section 5 of that Act,

(

c) a community care facility as defined in

section 1 of the Community Care

Facility Act , or

(

d) an agency specified in those regulations that facilitates and coordinates

transplants in British Columbia.

Land Act

Section 97 (1) of the Land Act, R.S.B.C. 1996, c. 245, is amended

(

a) in paragraph (

a) by striking out "to a public officer in the ministry," and substituting

"to a government corporation, as defined in the Financial Administration Act, or to a

public officer in the ministry," , and

(

b) in paragraph (

b) by adding "or a government corporation, as defined in the Financial

Administration Act " after "public officer" .

Section 105 is amended by adding the following paragraph:

(c.1) an employee of a government corporation to which the minister has

delegated a power under

section 97 (1) who has identification from the

government corporation for the purpose; .

Liquor Control and Licensing Act

Section 18 of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by

adding the following subsection:

(4) Subject to the regulations, the general manager may exempt a person from prohibitions

and restrictions under subsection (1) in respect of an establishment, and

Section 45 is amended by adding the following subsection:

(4) Subject to the regulations, the general manager may exempt a person from prohibitions

and restrictions under subsections (1) and (2) in respect of an establishment,

Section 84 (2) is amended by adding the following paragraph:

(

q) respecting the criteria to be considered by the general manager under

sections 18 (4) and 45 (4) and the classes of persons eligible for exemptions

under those provisions;

granting exemptions under sections 18 (4) and 45 (4).

Lottery Act

Section 1 of the Lottery Act, R.S.B.C. 1996, c. 278, is amended by adding the following

definitions:

"lottery scheme" means lottery scheme as defined in

section 207 (4) of the Criminal

Code;

"person" includes an unincorporated charitable, religious or other organization.

Section 2 (1) is amended

(

a) by adding "and" at the end of paragraph (b),

(

b) by striking out "and" at the end of paragraph (c), and

(

c) by repealing paragraph (d).

9 The following

section is added:

Licences

2.1

(1) The Lieutenant Governor in Council may license persons to conduct and manage

lottery schemes in British Columbia.

(2) The Lieutenant Governor in Council, by order, may delegate, to an authority

specified in the order, the discretion under subsection (1) to license persons to

conduct and manage lottery schemes in British Columbia.

(3) The discretion under this

section to issue licences, of the Lieutenant Governor in

Council or of an authority to which that discretion is delegated under this section,

(

a) may differ for different licensees, and

(4) Each of the Provincial Secretary and Minister of Government Services, the

Attorney General and the Public Gaming Control Branch is conclusively deemed

to be, and to have been between May 27, 1986 and the end of March 31, 1987,

and the British Columbia Gaming Commission is conclusively deemed to be, and

to have been since March 31, 1987, an authority to whom the discretion under

subsection (1) to license persons to conduct and manage lottery schemes in

British Columbia has been delegated by order under subsection (2).

(5) A licence or purported licence is conclusively deemed to have been validly issued

under this

section on the date of the licence or purported licence if the licence

(

a) was issued by

(

i) the Provincial Secretary and Minister of Government Services, the

Attorney General or the Public Gaming Control Branch between

May 27, 1986 and the end of March 31, 1987, or

(ii) the British Columbia Gaming Commission between March 31, 1987

and the date of Royal Assent to the Miscellaneous Statutes

Amendment Act (No. 3), 1998, and

(

b) authorizes or authorized, or purports or purported to authorize, a person to

conduct and manage a lottery scheme.

10 Sections 3 (1) (

a) and 5 (

c) are amended by striking out "lotteries" and substituting

"lottery schemes" .

Section 7 is amended

(

a) in subsection (2) (

a) by striking out "lotteries" and substituting "lottery schemes" ,

(

b) by repealing subsection (2) (

c) and substituting the following:

management and operation of, or participation in, lottery schemes;

(

d) prescribing fees respecting licences. ,

(

c) by adding the following subsections:

(3) A regulation made under this Act may

(

a) be made applicable generally or to a specific person, thing or transaction, or

class of persons, things or transactions,

(

b) for the purpose of the regulation, define classes of persons including classes

that may include only one person,

(

c) for the purpose of the regulation, define classes of things or transactions,

and

(

d) provide differently for different persons, things or transactions, or for

different classes of persons, things or transactions.

(4) The Lieutenant Governor in Council, by regulation, may delegate the discretion

to make regulations under subsection (2) (

c) or (

d) or both (2) (

c) and (

d) to an

authority specified in the regulation.

(5) Each of the Provincial Secretary and Minister of Government Services, the

Attorney General and the Public Gaming Control Branch is conclusively deemed

to be, and to have been between May 27, 1986 and the end March 31, 1987, and

the British Columbia Gaming Commission is conclusively deemed to be, and to

have been since March 31, 1987, an authority to which the discretion under

subsection (2) (

d) to prescribe fees respecting licences has been delegated by

regulation under subsection (4).

(6) Every licence fee or purported licence fee, in respect of a lottery scheme, imposed

or purported to have been imposed by

(

a) the Provincial Secretary and Minister of Government Services, the Attorney

General or the Public Gaming Control Branch between May 27, 1986 and

the end of March 31, 1987, or

(

b) the British Columbia Gaming Commission, between March 31, 1987 and

the date of Royal Assent to the Miscellaneous Statutes Amendment Act

(No. 3), 1998,

is conclusively deemed to have been validly imposed by regulation under this

section on the date of the licence or purported licence to which the licence fee or

purported licence fee pertains.

(7) The Regulations Act does not apply, and, between May 27, 1986 and the date of

Royal Assent to the Miscellaneous Statutes Amendment Act (No. 3), 1998 did not

apply, in respect of

(

a) the licence fees referred to in subsection (6), or

(

b) a regulation referred to in subsection (6). , and

(

d) by adding the following subsection:

(8) The Regulations Act applies to regulations under this Act that are made after the

coming into force of this subsection by an authority to whom the Lieutenant

Governor in Council delegates the regulation making authority under

subsection (2) (

c) or (

d) or both (2) (

c) and (d).

Ministry of Lands, Parks and Housing Act

12 The Ministry of Lands, Parks and Housing Act R.S.B.C. 1996, c. 307, is amended by

adding the following section:

Affordable housing assistance and security for it

8.1

(1) In this section:

"affordable housing agreement" means an agreement made by the minister, the

British Columbia Housing Management Commission or any other agent of the

government with a person who has received or is to receive assistance from the

government to acquire, develop or operate an affordable housing development;

"affordable housing development" means land and improvements, all or part of

which provide or are intended to provide housing for sale or lease to or other use

by low and moderate income individuals, and includes land and improvements

designated as an affordable housing development;

"affordable housing purposes" means affordable housing purposes as defined by

the regulations;

"assistance" includes a grant, loan, guarantee or indemnity.

(2) Without limiting the terms that may be included in an agreement under this Act,

an affordable housing agreement may include a restriction that the affordable

housing development may be used only for affordable housing purposes.

(3) If an affordable housing agreement includes a restriction under subsection (2),

the minister, the British Columbia Housing Management Commission or other

agent of the government may file a written notice in the land title office

containing

(

a) a description of the affordable housing development sufficient for the

registrar to identify it in the records of the land title office, and

(

b) a statement that the affordable housing development is subject to an

affordable housing agreement that includes a restriction under

subsection (2).

(4) When a notice is filed under subsection (3), the registrar must make a notation of

the filing in the proper register against the title to the land affected.

(5) Unless the written consent of the minister is filed in the land title office,

(

a) a person who owns or leases an affordable housing development must not

transfer, mortgage, lease or otherwise dispose of that person's interest in the

affordable housing development, and

(

b) the registrar must not register a transfer or other disposition referred to in

paragraph (a).

(6) In the event of any omission, mistake or misfeasance by the registrar or the staff

of the registrar in relation to the making of a notation of a filing or the registration

of a transfer or other disposition under this section,

(

a) neither the registrar nor the government is liable vicariously, and

(

b) neither the assurance fund nor the Attorney General, as a nominal

defendant, is liable under

Part 20 of the Land Title Act.

(7) Once a notation is made under subsection (4),

(

a) the affordable housing agreement and, if applicable, any amendment to it is

binding on all persons who acquire an interest in the land affected, and

(

b) if a transfer, mortgage, lease or other disposition of a person's interest in an

affordable housing development is registered without the written consent of

the minister being filed as required under this section, the minister or the

British Columbia Housing Management Commission may apply to the

Supreme Court for an order for specific performance of the affordable

housing agreement by the new owner or for any other remedy.

(8) The Lieutenant Governor in Council may make regulations for this

section as

follows:

(

a) defining a word or phrase used but not defined in this section;

(

b) designating land and improvements as an affordable housing development;

(

c) specifying affordable housing purposes for the purposes of a restriction

under subsection (2);

(

d) designating property held by a corporation or other person as trustee, as

property held on trust for the preservation of land and buildings for

affordable housing purposes.

Municipal Act

Section 523 (1) (

a) of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the

following substituted:

(

a) regulate persons, their premises and their activities, to further the care,

protection, promotion and preservation of the health of the inhabitants of

the municipality, including regulating by prohibiting the smoking or other

use or consumption of tobacco products in classes of premises specified in

the bylaw; .

Municipalities Enabling and Validating Act (No. 2)

14 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended

by adding the following sections to

Part 9:

Validation of anti-smoking bylaws

(1) Despite

section 523 (1) (

a) of the Municipal Act, as that

section read before its

amendment by the Miscellaneous Statutes Amendment Act (No. 3), 1998 and

despite any decision of a court to the contrary made before or after this

section

came into force, a local government bylaw that

(

a) prohibits or purports to prohibit the smoking or other use or consumption of

tobacco products in classes of premises specified in the bylaw, and

(

b) was approved by the Minister of Health before this

section came into force,

is conclusively deemed to be valid for all purposes.

(2) A bylaw referred to in subsection (1) is conclusively deemed to have been validly

adopted and to have been and to continue to be valid and effective from the time

of its approval by the Minister of Health.

(3) All resolutions, bylaws and actions of a municipality or regional district in

relation to a bylaw referred to in subsection (1) are conclusively deemed to have

been validly adopted and taken as of the date that they were adopted or taken, to

the extent they would have been valid had this

section been in force on the date

they were adopted or taken.

(4) 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.

Airport leases

(1) In this section:

"airport body" means a municipality, regional district or prescribed community

airport body that has assumed an airport lease;

"airport lease" means a lease of a part of a parcel of land, if the lease

(

a) was assumed by an airport body in relation to an agreement for the transfer

(

b) has a term exceeding 3 years;

"renew" includes the making of a subsequent lease in relation to the same property

between the parties to an airport lease or their successors, heirs or assigns.

(2) Despite

section 73 (1) (

b) of the Land Title Act, an airport lease is confirmed and

validated as an effective contract between the parties as of the date on which the

lease was assumed by the airport body.

(3) If an airport lease has been assumed by an airport body before the coming into

force of this section, the airport body may continue and renew the lease as if

subsection (2) had come into force before the assumption of that lease.

(4) For the purposes of subsection (2) and despite sections 316, 610 and 796 (3) of

the Municipal Act, an airport body is deemed to have had the authority to assume

an airport lease and become the lessor under the lease at the time of the

assumption and to have had and to continue to have the authority to carry out and

to renew that lease in accordance with its terms.

(5) The Lieutenant Governor in Council may prescribe an organization to be a

community airport body for the purposes of this section, and, on being

prescribed, this

section applies to the airport body retroactively to the date on

which the airport lease was assumed.

(6) 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.

District of Pitt Meadows lease validation

(1) Despite sections 448 (a), 451 (1) and (3) and 610 (3) of the Municipal Act, the

agreement entered into between the Corporation of the District of Pitt Meadows

and C.D.I. Enterprises Ltd., on June 22, 1992, respecting the lease of land for the

construction and operation of an arena is confirmed and validated, effective the

date on which it was entered into.

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

force on the day they were done are conclusively deemed to have been validly

done and all resolutions and bylaws in relation to the agreement referred to in

subsection (1) are confirmed and validated, effective the date on which they were

adopted.

(3) The District of Pitt Meadows is conclusively deemed to have had the authority to

enter into the agreement referred to in subsection (1) at the time at which the

agreement was entered into, to have had the authority to adopt a resolution or

bylaw referred to in subsection (2) at the time it was adopted and to have had and

to continue to have the authority to carry out the agreement in accordance with

its terms.

(4) 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.

Prince George water fluoridation bylaw

(1) The City of Prince George,

(

a) despite the Municipal Act and the letters patent of the City of Prince George,

is conclusively deemed to have had the authority to fluoridate any part, or

all, of the water supply of the municipality as of the adoption of a resolution

by its council on October 4, 1954 authorizing the fluoridation, and

(

b) despite

section 524 (2) of the Municipal Act, is conclusively deemed to have

had and to continue to have the authority to carry out fluoridation in relation

to any part, or all, of the water supply of the municipality.

(2) In addition to the resolution referred to in subsection (1) (a), all other resolutions,

bylaws and actions of the City of Prince George in relation to the fluoridation of

the water supply of the City of Prince George are conclusively deemed to have

been validly adopted and taken as of the date that they were adopted or taken, to

the extent they would have been valid had subsection (1) (

a) been in force on the

date they were adopted or taken.

(3) 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.

Authority for the Greater Nanaimo Water District to acquire park land

(1) In addition to the powers established by

section 5 of the Greater Nanaimo Water

District Act and the objects of the Greater Nanaimo Water District established by

section 8 of that Act, the Greater Nanaimo Water District may

(

a) acquire real property for the purposes of a park, and

(

b) hold that property jointly with the City of Nanaimo.

(2) On acquisition, property acquired under subsection (1) is deemed to have been

dedicated under

section 308 of the Municipal Act for the public purpose of a park

for the use and enjoyment of the public and

section 310 of the Municipal Act

applies to both the Greater Nanaimo Water District and the City of Nanaimo in

relation to that property.

(3) The Greater Nanaimo Water District

(

a) must establish a capital reserve fund for the purposes of this section,

(

b) must pay into the reserve fund all money received from the Provincial

government in relation to the Agreement to Transfer or Dedicate Land

Pursuant to

Section 3 of the Expropriation Act, entered into by the

Provincial government and the Greater Nanaimo Water District on

February 10, 1998, less any amounts necessary to satisfy outstanding

liabilities in relation to the property that is the subject of that agreement or

the expropriation of the property in accordance with that agreement,

(

c) must not pay any other money into the reserve fund, and

(

d) may only use the money in the reserve fund, and the interest earned on it,

for the purpose of acquiring park land under subsection (1).

(4) Part 13 of the Municipal Act applies to the capital reserve fund under

subsection (3).

Pension (Public Service) Act

Section 6 of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, is amended

(

a) in subsection (1) by striking out "or a contribution is made by an employee under

section 12" , and

(

b) in subsection (2) by striking out "under

section 65 (4) or (6)" and substituting "under

section 65 (4) or (6),

section 66" and by striking out "an equal amount as a contribution

to the fund." and substituting "an amount as a contribution to the fund as provided by

regulation."

Section 7 is amended by adding the following subsection:

(3) Despite subsection (2), the surplus referred to in that subsection must be

distributed in accordance with the regulations if an actuarial valuation, completed

by an actuary in accordance with the requirements of

section 55, discloses that

(

a) a surplus has been created or an existing surplus has been increased, and

(

b) the surplus or the increase has occurred since the immediately preceding

actuarial valuation.

Section 12 is repealed.

Section 16 (6) is repealed and the following substituted:

(6) For the purposes of this section, only contributions and service that comply with

sections 9 (3), 14 and 22 (7) or that comply with the regulations respecting leave

of absence will be recognized.

Section 17 (2) is amended by striking out "under sections 9 and 12" and substituting

"under

section 9" .

Section 19 (6) (

c) is amended by striking out "in accordance with

section 12 (1)," and

substituting "in accordance with the regulations respecting leave of absence," .

Section 22 (3) (

a) is amended by striking out "under sections 9 and 12" and substituting

"under

section 9 and the regulations" .

22 Sections 37 to 40 are repealed .

Section 41 is amended

(

a) in subsection (2) by striking out "under

section 12 (1) is limited by

section 12 (6),"

and substituting "is limited by the regulations respecting leave of absence," , and

(

b) in subsection (4) by striking out "section 9 (3), 12 (6) or 14," and substituting

"section 9 (3) or 14 or the regulations respecting leave of absence," .

Section 42 (1) is amended by striking out "under

section 12 (1) is limited by

section 12 (6)," and substituting "is limited by the regulations respecting leave of

absence," .

Section 65 is amended

(

a) in subsection (2) by adding the following paragraph:

(

q) prescribing how a surplus referred to in

section 7 (3) is to be distributed. ,

and

(

b) by adding the following subsection:

including the costs to be paid to the fund and by whom they are to be paid, under

which a person described in subsection (4) (

a) to (

d) may have a period of leave

of absence from an employer included as contributory and pensionable service.

Section 66 is repealed and the following substituted:

Service recognition

including the costs to be paid to the fund and by whom they are to be paid, under which

any of the following may be included as contributory and pensionable service:

(

a) leaves of absence from an employer;

(

b) previous service under this plan, or from a reciprocal employer.

Section 66 (

b) is amended by striking out ", or from a reciprocal employer" .

Pension Statutes Amendment Act, 1997

Section 47 of the Pension Statutes Amendment Act, 1997, S.B.C. 1997, c. 35, is repealed.

Perpetuity Act

Section 4 of the Perpetuity Act, R.S.B.C. 1996, c. 358, is amended by adding the following

paragraph:

(

g) property held by a corporation or other person as trustee and designated by

regulation of the Lieutenant Governor in Council under

section 8.1 (8) (

d) of the Ministry of Lands, Parks and Housing Act as held on trust for the

preservation of land and buildings for affordable housing purposes.

Public Education Labour Relations Act

Section 1 of the Public Education Labour Relations Act, R.S.B.C. 1996, c. 382, is

amended by adding the following definition:

"support staff union" means a trade union representing employees of a school

board other than teachers; .

Section 2 is amended by striking out "and" at the end of paragraph (

b) and by adding the

following paragraph:

(b.1) to establish the employers' association as the accredited bargaining agent

for the purpose of bargaining collectively with support staff unions, and .

Section 4 is amended by striking out "The employers' association" and substituting "For

the purpose of bargaining collectively with a teachers' union or a support staff union, the

employers' association" .

Section 5 (1) is amended by striking out "collective bargaining" and substituting "teacher

collective bargaining" .

Section 6 (1) is repealed and the following substituted:

(1) For the purpose of teacher collective bargaining, the British Columbia Teachers'

Federation

(

a) is deemed to be the certified bargaining agent for the employees in the

bargaining unit, and

(

b) has exclusive authority to bargain collectively for the bargaining unit and to

bind it by a collective agreement.

Public Service Labour Relations Act

35 The definition of "employee" in

section 1 (1) of the Public Service Labour Relations Act,

R.S.B.C. 1996, c. 388, is amended

(

a) by repealing paragraph (

f) and substituting the following:

(

f) a sheriff; ,

(

b) by repealing paragraphs (

g) and (i),

(

c) by repealing paragraph (

j) and substituting the following:

(

j) a person employed for a period of less than 31 days; ,

(

d) by repealing paragraph (k),

(

e) by repealing paragraph (

v) and substituting the following:

(

v) a person employed in the Cabinet Policy and Communications Secretariat; ,

and

(

f) by repealing paragraphs (

z) and (aa).

Section 4 (

b) is amended by striking out "an association that has" and substituting "an

association that had, before July 1, 1998," .

Section 14 is amended

(

a) in subsection (8) (

a) by striking out "or occupational group affected" ,

(

b) by repealing subsection (8) (

b) and substituting the following:

(

b) a majority of those employees who vote have voted in favour of a strike. ,

(

c) in subsection (10) by striking out "the vote must be taken of all those members of the

union certified as the bargaining agent within the occupational group referred to in that

agreement." and substituting "the matter is deemed to be a matter for resolution under

the master agreement." , and

(

d) in subsection (11) by striking out "a majority of" .

Social Service Tax Act

38 The Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by adding the following

section in

Part 4:

Former transitional refunds remain available

90.1 For certainty, but subject to

section 40 of the Budget Measures Implementation Act,

1998 , refunds may be made in accordance with sections 2 (1.7), (1.8) and (1.9) and

2.04 (3) of the Social Service Tax Act, R.S.B.C. 1979, c. 388, in relation to written

contracts entered into before March 31, 1993.

Utilities Commission Act

Section 22 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended

(

a) in subsection (1) by adding "sells, purchases or" after "a person" ,

(

b) in subsection (1) by striking out "or" at the end of paragraph (a), by adding ", or"

at the end of paragraph (

b) and by adding the following:

(

c) enters into an energy supply contract, within the meaning of

section 68, for

the provision of electricity. ,

(

c) in subsection (2) by striking out ", by order," ,

(

d) by repealing subsection (2) (

a) and substituting the following:

(

a) exempt, by order, from any or all of

section 71 and the provisions of this

Part, in respect of the sale, purchase or production of a power service,

(

i) a person who sells, purchases or produces a power service,

(ii) a class of persons who sell, purchase or produce a power service, and

(iii) any equipment, facility, plant, project or system of a person or class of

persons referred to in subparagraph (

i) or (ii), and ,

(

e) in subsection (2) (

b) by striking out "impose in the order" and substituting "if the

minister makes an order under paragraph (a), impose, in the order," , and

(

f) in subsection (2) (

b) by striking out "power service to be sold," and substituting "the

power service to be sold, purchased or produced," .

Vancouver Charter

40 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following section:

Business premises regulation areas

279A.1

(1) The Council may, by by-law,

(

a) designate an area of the City as a business premises regulation area for the

purposes of this section, and

(

b) for any class of business premises prescribed by regulation under

subsection (2), regulate the hours and days during which business premises

in the area designated under paragraph (

a) may remain open or must be

closed for business.

(2) The Lieutenant Governor in Council may make regulations prescribing classes of

business premises for the purposes of this section.

(3) To the extent of any conflict between a by-law under

section 279A and a by-law

under this section, the by-law under this

section prevails.

Transitional – Land Act

41 A delegation under

section 97 (1) of the Land Act to a government corporation, as

defined in the Financial Administration Act, may be made retroactive to a date on or

after April 1, 1998.

Immunity from legal action

(1) No action lies, and an action or other proceeding must not be brought or

continued, against the government, the British Columbia Gaming Commission or

any other person, for compensation, damages or any other remedy, because of

anything done or omitted, between May 27, 1986 and the coming into force of

this subsection, in the exercise or performance or intended exercise or

performance of a discretion, duty or function of the government or of the British

Columbia Gaming Commission in relation to

(

a) a licence or purported licence issued by the Provincial Secretary and

Minister of Government Services, the Attorney General or the Public

Gaming Control Branch, or by the British Columbia Gaming Commission,

that authorizes, or purports to authorize, a person to conduct and manage a

lottery scheme as defined in

section 207 (4) of the Criminal Code, or

(

b) the imposition or purported imposition by the Provincial Secretary and

Minister of Government Services, the Attorney General or the Public

Gaming Control Branch, or by the British Columbia Gaming Commission

of a licence fee in respect of or in relation to a lottery scheme as defined in

section 207 (4) of the Criminal Code.

(2) Any statutory power, as defined in the Judicial Review Procedure Act, that was

exercised under an enactment in relation to a matter described in subsection

(1) and any decision, determination or order of an official of the government or of

the British Columbia Gaming Commission in relation to a matter so described is

not open to question or review in a court under the Judicial Review Procedure Act

or otherwise.

Acts to be given legal effect

(1) The Lottery Act as amended by this Act, this

section and sections 7 to 11, 42 and

46 (3) of this Act must be applied to and must be given effect in every action or

proceeding, whether commenced before, on or after the date this Act receives

Royal Assent.

(2) The Lottery Act as amended by this Act, this

section and sections 7 to 11, 42 and

46 (3) of this Act must not be construed as lacking effect, whether retroactive or

otherwise, in relation to any matter because of making no specific reference to

that matter.

(3) If any of the sections referred to in subsections (1) and (2) or any provision of

those sections or of the Lottery Act as amended by this Act is held to be invalid,

the

section or provision must be severed from the remainder those sections and

provisions, and the remainder have the same effect as if they had been originally

enacted separately from the

section or provision held to be invalid.

Saving respecting prior election under Pension (Public Service) Act

44 Sections 37 to 40 of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, continue

to apply to a person

(

a) if immediately before the date that

section 22 of this Act comes into force,

the person was on a leave of absence, a condition of the granting of which

was that the person would not return to work but rather would apply for a

pension at the end of the leave, or

(

b) if before the date that

section 22 of this Act comes into force, the person

elected to have sections 37 to 40 of the Pension (Public Service) Act,

R.S.B.C. 1996, c. 356, apply to him or her.

Saving respecting approved leave of absence or deferred salary leave program

(1) Section 6 of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, as it was

immediately before the date

section 15 of this Act comes into force, continues to

apply to a contributor who before that date obtained approval for an unsalaried

leave of absence, a deferred salary leave program or another leave of absence

designated by the regulations for the purposes of this section.

(2) The Lieutenant Governor in Council may make regulations designating other

types of or programs for leave of absence to which subsection (1) applies.

Commencement

(1) Sections 1, 4 to 6, 12 and 15 to 29 come into force by regulation of the Lieutenant

Governor in Council.

(2) Sections 2, 3 and 41 are deemed to have come into force on April 1, 1998 and are

retroactive to the extent necessary to give them effect on and after that date.

(3) Sections 7 to 10 and 11 (

a) to (

c) are deemed to have come into force on May 28,

1986 and are retroactive to the extent necessary to give them effect on and after

that date.

(4) Sections 30 to 34 are deemed to have come into force on the day that this Act

receives First Reading in the Legislative Assembly and are retroactive to the

extent necessary to give them effect on and after that date.

(5) Section 38 is deemed to have come into force on April 21, 1997 and is retroactive

to the extent necessary to give it effect on and after that date.

Copyright

© 1998: Queen's Printer, Victoria, British Columbia, Canada