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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE RICHARD NEUFELD

MINISTER OF ENERGY AND MINES

BILL

79 – 2003

COLUMBIA BASIN TRUST AMENDMENT ACT, 2003

HER

MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Section

1 of the Columbia Basin Trust Act, R.S.B.C. 1996, c. 53, is amended

(

a) in the definition of "corporation" by striking out ",

except in sections 16 and 17 (a)," ,

(

b) in paragraph

(

b) of the definition of "region" by adding "and includes

all those lands lying within the municipal boundaries of the Village of Valemount,"

after "commencement," , and

(

c) by

adding the following

definitions:

"nominating

bodies" means

(

a) the regional districts referred

to in

section 5 (1), and

(

b) the tribal council;

"qualified individual" means an individual who

is resident in the region; .

Sections 5 to 8 are repealed and the following substituted:

Directors

(1) The Lieutenant Governor in Council is to appoint, as the board of

directors of the corporation, 12 qualified individuals of whom

(

a) one is to be appointed from the nominees provided under

section 6 by the board

of the Regional District of Central Kootenay,

(

b) one is to be appointed from the nominees provided under

section 6 by the board

of the Fraser-Fort George Regional District,

(

c) one

is to be appointed from the nominees provided under

section 6 by the board of

the Columbia Shuswap Regional District,

(

d) one is

to be appointed from the nominees provided under

section 6 by the board of the

Kootenay Boundary Regional District,

(

e) one is to

be appointed from the nominees provided under

section 6 by the board of the East

Kootenay Regional District, and

(

f) one is to be appointed

from the nominees provided under

section 6 by the tribal council.

(2) Despite subsection (1), the Lieutenant Governor in Council may decline to

appoint any of the nominees provided by a nominating body and, in that event,

(

a) the minister must notify the nominating body

of the Lieutenant Governor in Council's decision, and

(

b) the nominating body is, within 60 days after that notification, to provide

to the Lieutenant Governor in Council a list of at least 2 and not more than 4

nominees who are qualified individuals.

(3) If a nominating

body does not comply with subsection (2) (b), or if the Lieutenant Governor in

Council declines to appoint any of the nominees provided by the nominating body

under that subsection, the Lieutenant Governor in Council is to appoint a qualified

individual as director, and that director is deemed to be appointed from nominees

of that nominating body provided under

section 6.

(4) No act or proceeding of the directors is invalid merely because the composition

of the board does not accord with subsection (1).

Appointment

of directors

(1) Each of the nominating

bodies is, at least 60 days before the expiry of the term of office of the director

appointed from its nominees, to provide to the Lieutenant Governor in Council

a list of at least 2 and not more than 4 nominees who are qualified individuals.

(2) A nominating body may nominate an existing director for successive terms of

office.

(3) If a nominating body does not comply with

subsection (1), the Lieutenant Governor in Council is to appoint a qualified individual

to hold office as director after the expiry of the term of office of the director

appointed from the nominees of that nominating body, and the director appointed

by the Lieutenant Governor in Council under this subsection is deemed to be appointed

from nominees provided by that nominating body under this section.

Removal

of directors

7 The Lieutenant Governor in

Council may remove any director after receiving a written request to do so from

(

a) the minister, or

(

b) the board of directors.

Replacement

of directors

(1) If a director who was appointed

from the nominees of a nominating body dies, resigns or is removed, the nominating

body must, within 60 days, provide to the Lieutenant Governor in Council a list

of at least 2 and not more than 4 nominees who are qualified individuals and the

Lieutenant Governor in Council is to appoint as the replacement director, one

of the nominees from the submitted list.

(2) Despite

subsection (1), the Lieutenant Governor in Council may decline to appoint any

of the nominees provided by a nominating body and, in that event,

(

a) the minister must notify the nominating body of the Lieutenant Governor in

Council's decision, and

(

b) the nominating body is,

within 60 days after that notification, to provide to the Lieutenant Governor

in Council a list of at least 2 and not more than 4 nominees who are qualified

individuals.

(3) If a nominating body does not comply

with subsection (1) or (2) (b), as the case may be, or if the Lieutenant Governor

in Council declines to appoint any of the nominees provided by the nominating

body under subsection (1) or (2) (b), as the case may be, the Lieutenant Governor

in Council is to appoint a qualified individual as the replacement director, and

that director is deemed to be appointed from nominees of that nominating body

provided under

section 6.

(4) Subject to

section

8.1, a replacement director appointed under this

section holds office until the

end of the term of office of the replaced director.

Term

of office of directors

8.1 A director appointed

by the Lieutenant Governor in Council under this Act is appointed for the term

appropriate, and the Lieutenant Governor in Council may select a different term

this Act.

Section 11 is repealed and the following substituted:

Directors'

remuneration

11 The corporation may pay to

a director remuneration in accordance with directives of Treasury Board.

Section 13 is repealed.

Section 15 (2) to (11) is

repealed and the following substituted:

(2) Subject to subsection (3), the directors may amend the plan from time to time.

(3) Before effecting any major amendments to the plan, the directors must solicit

input on the proposed amendments from residents of the region in the manner and

to the extent the directors consider appropriate.

Part 3

is repealed.

Section 26 is amended

(

a) by repealing subsections (2) to (4),

(

b) by renumbering

section 26 (1) as

section 26, and

(

c) by striking out "Minister

of Finance and Corporate Relations" and substituting "Minister of

Finance" .

Section 28 is repealed.

Section 31 is amended

(

a) in subsection (2) by striking out

"after consultation with" and substituting "with the agreement

of" , and

(

b) in subsection (3) by striking out "of

both the corporation or a subsidiary of the corporation and Columbia Power Corporation

or a subsidiary of Columbia Power Corporation," and substituting "of,

or is owned in whole or in part by, the corporation or a subsidiary of the corporation," .

Transitional

(1) In this section:

"Amendment Act" means

the Columbia Basin Trust Amendment Act, 2003 ;

"corporation"

has the same meaning as in the Columbia Basin Trust Act ;

"nominating

body" has the same meaning as in the Columbia Basin Trust Act as amended

by this Amendment Act.

(2) After the coming into force

section 2 of this Amendment Act, the Lieutenant Governor in Council may, from

each pair of directors of the corporation appointed under a paragraph of

section

5 of the Columbia Basin Trust Act as it read before the coming into force

section 2 of this Amendment Act, designate one of those individuals as a director

of the corporation.

(3) On a designation made under

subsection (2) of this section,

(

a) the designated

individual is deemed to be appointed as a director of the corporation

(

i) in accordance with

section 5 (1) of the Columbia Basin Trust Act as

enacted by

section 2 of this Amendment Act, and

(ii)

from nominees provided to the Lieutenant Governor in Council, under

section 6

of the Columbia Basin Trust Act as enacted by

section 2 of this Amendment

Act, by the nominating body by which that individual was appointed as a director,

and

(

b) the term of office of the other individual

who was appointed as a director of the corporation by that nominating body is

deemed to expire.

(4) An individual designated by

the Lieutenant Governor in Council under this

section is appointed as a director

Lieutenant Governor in Council considers appropriate, and the Lieutenant Governor

for each individual designated under this section.

(5) An individual whose term of office as a director expires under subsection

(3) (

b) is not entitled to recover from the corporation or the government any

damages or other compensation as a result of that expiry.

Commencement

11 This Act comes into force by regulation of the Lieutenant Governor in

Council.

Explanatory Notes

SECTION

1: [Columbia Basin Trust Act, amends

section 1] harmonizes the definition

of "corporation" with the repeal of

Part 3 by this Bill, adds Valemount to the

region to which the Act applies and adds new

definitions of "nominating bodies"

and "qualified individual".

SECTION 2: [Columbia Basin Trust Act,

re-enacts sections 5 to 8 and adds

section 8.1]

restructures

the board of directors for the trust so that each nominating body can nominate

candidates for directors of the trust and allows the Lieutenant Governor in Council

to appoint one director from each of those groups of candidates and to appoint

any other directors not appointed in that way;

establishes

the procedure by which the nominating bodies are to nominate candidates for directors;

provides for the removal and replacement of directors;

authorizes the Lieutenant Governor in Council to establish the terms of office

of the directors.

SECTION 3: [Columbia Basin Trust Act, re-enacts

section 11] links the remuneration of directors of the trust to directives

of Treasury Board.

SECTION 4: [Columbia Basin Trust Act, repeals

section 13] removes the obligation to appoint one or more advisory committees.

SECTION 5: [Columbia Basin Trust Act, amends

section 15]

removes reference to short term plans and allows amendment to the long term plan

while requiring input from the region to which the Act applies to be solicited

before any major amendments are made to that long term plan.

SECTION 6:

[Columbia Basin Trust Act, repeals

Part 3] removes provisions relating

to conflict of interest for directors.

SECTION 7: [Columbia Basin

Trust Act, amends

section 26] removes provisions relating to the submission

and inspection of the trust's financial records, and the examination of the financial

and accounting operations of the trust.

SECTION 8: [Columbia Basin

Trust Act, repeals

section 28] removes the requirements for an annual

report and financial statement for the trust to be prepared and laid before the

Legislative Assembly.

SECTION 9: [Columbia Basin Trust Act, amends

section 31] requires the Lieutenant Governor in Council to obtain the

consent of the trust before prescribing changes to the area included within the

region to which the Act applies and removes reference to Columbia Power Corporation

and its subsidiaries in relation to facilities for which tax exemptions may be

given.

SECTION 10: [Transitional] provides for the continuation

of some of the current directors of the trust and the removal of the remainder.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada