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2003 Legislative Session: 4th Session, 37th 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 27th day of

March, 2003

Ian D. Izard, Law Clerk

HONOURABLE GEORGE ABBOTT

MINISTER OF COMMUNITY, ABORIGINAL

AND WOMEN'S SERVICES

BILL 22 – 2003

COMMUNITY, ABORIGINAL AND WOMEN'S SERVICES STATUTES 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:

Cemetery and Funeral Services Act

Section 66 (8) of the Cemetery and Funeral Services Act, R.S.B.C.

1996, c. 45, is repealed.

Section 127.1 (4) as consolidated in

section 1 of the Supplement

to the Cemetery and Funeral Services Act is repealed and the following substituted:

(4) The money retained under subsection (3) must be paid annually, as prescribed, to the municipality where the land is located.

Financial Information Act

Schedule 1 of the Financial Information Act, R.S.B.C. 1996,

c. 140, is amended by striking out " Heritage Conservation Act " .

First Peoples' Heritage, Language and Culture Act

4 The

preamble to the First Peoples' Heritage, Language

and Culture Act, R.S.B.C. 1996, c. 147, is amended by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) preserve, restore and enhance First Nations heritage, language and culture,

(

b) increase understanding and sharing of knowledge,

within both the First Nations and non-First Nations communities, and .

Section 2 (3) is amended by striking out "Lieutenant

Governor in Council" and substituting "minister" .

Section 3 is amended

(

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

(2) The corporation consists of a board of the following members:

(a) 3 voting members appointed by the minister;

(

b) no more than 9 First Nations voting members appointed by the minister from a list of persons recommended under

section 2 (7);

(

c) a non-voting member appointed by the minister on

the recommendation of the board for the purpose of providing additional historical,

cultural or community perspective. ,

(

b) in subsection (4) by striking out "4 consecutive years."

and substituting "3 terms." ,

(

c) in subsection (5) by striking out "Lieutenant Governor in

Council" and substituting "minister" , and

(

d) in subsection (7) by striking out "Lieutenant Governor in

Council" and substituting "board" .

7 Sections 6 (1) (a), (

c) and (

d) and 9 (1) are amended

by striking out "Native" wherever it appears and substituting

"First Nations" .

8 Sections 6 (3) and 7 are amended by striking out "Minister

of Finance and Corporate Relations" and substituting "Minister

of Finance" .

Section 8 is amended

(

a) in subsection (3) by striking out "Minister of Finance and

Corporate Relations" and substituting "Minister of Finance" ,

(

b) by repealing subsection (4) and substituting the following:

(4) At least once in every fiscal year, the corporation

must prepare audited financial statements for the preceding fiscal year. ,

(

c) in subsection (6) by striking out "a financial statement"

and substituting "an audited financial statement" ,

(

d) in subsections (7), (10) and (11) by adding "audited" before

"financial" , and

(

e) by repealing subsection (8) and substituting the following:

(8) The Financial Information Act and the Budget Transparency and Accountability Act apply to the corporation.

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 Heritage Trust

Head:

Chief Executive Officer .

Heritage Conservation Act

Section 1 of the Heritage Conservation Act, R.S.B.C. 1996,

c. 187, is amended by repealing the

definitions of "board" and

"Heritage Trust" .

Section 4 (3) is amended by striking out "or 28 (1)

(b)" .

Part 3 is repealed.

Section 35 (2) is amended by striking out "the Heritage

Trust, a director, officer or employee of the Heritage Trust," and "or

the board of directors of the Heritage Trust" .

Local Government Act

Section 899 of the Local Government Act, R.S.B.C. 1996, c.

323, is amended

(

a) in subsection (2) by striking out "one person appointed

by the council, one person appointed by the minister and one person appointed

by the other 2 appointees." and substituting "3 persons

appointed by the council." ,

(

b) in subsection (3) by striking out "2 persons appointed by

the council, 2 persons appointed by the minister and one person appointed by

the other 4 appointees." and substituting "5 persons appointed

by the council." ,

(

c) in subsection (5) by striking out "one person appointed

by the board, one person appointed by the minister and one person appointed

by the other 2 appointees." and substituting "3 persons

appointed by the board." ,

(

d) by adding the following subsections:

(5.1) Two or more local governments may satisfy the obligation under subsection (1) by jointly establishing a board of variance by bylaw adopted by all participating local governments.

(5.2) The bylaw in subsection (5.1) must

(

a) specify the area of jurisdiction for the board of variance, which may be all or part of the participating local governments, but must not overlap with the area of jurisdiction of any other board of variance, and

(

b) establish rules for

(

i) appointment and removal of members of the board of variance, and

(ii) appointment and removal of a chair of the board of variance,

which apply in place of those established by this

section and

section 900.

(5.3) As an exception to subsections (2) to (5) in relation to a board of variance established under subsection (5.1),

(

a) if a municipality is one of the participating local governments, the board of variance is to consist of

(i) 3 persons, if the population of the area of the jurisdiction of the board of variance is 25 000 or less, or

(ii) 5 persons, if the population of the area of the jurisdiction of the board of variance is more than 25 000, and

(

b) if a municipality is not one of the participating

local governments, a board of variance is to consist of 3 persons. ,

(

e) in subsection (6) by striking out "An appointment under

subsections (2) to (5)" and substituting "Subject to subsection

(9) and to the rules established under subsection (5.2) (b) (i), an appointment

to a board of variance" ,

(

f) in subsection (9) by striking out "remove its appointee"

and substituting "rescind an appointment to a board of variance" ,

and

(

g) by repealing subsection (10).

Section 933 (12) is repealed and the following substituted:

(12) As an exception to subsection (11), a local government may provide assistance by waiving or reducing a charge under this

section for not for profit rental housing, including supportive living housing.

(13) The minister may make regulations defining what constitutes not for profit supportive living housing for the purposes of subsection (12).

Municipalities Enabling and Validating Act (No. 3)

17 The Municipalities Enabling and Validating Act (No. 3), S.B.C.

2001, c. 44, is amended by adding the following Part:

Part 3 – 2003

Sunshine Coast Regional District: industrial park development service validation

(1) Despite the Local Government Act

but subject to this section, the Sunshine Coast Regional District had and

continues to have the authority to provide the service authorized by

section

1 [development of land for commercial or industrial use] of the

Sunshine Coast Regional District Regulation, B.C. Reg. 418/89, as if it had

adopted an establishing bylaw for the service.

(2) The authority to continue providing the service referred to in subsection (1) ends one year after the date on which this

section comes into force unless the regional district has adopted an establishing bylaw for the service before that date.

(3) Division 4.1 [Establishing Bylaws] of

Part

24 of the Local Government Act applies to the establishing bylaw required

by subsection (2), with the exception that the bylaw may be adopted with the

approval of the inspector of municipalities but without the approval of the

electors in the participating areas for the service.

(4) All resolutions, bylaws and actions of the regional district in relation to the service referred to in subsection (1) are conclusively deemed to have been validly adopted or 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.

(5) 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.

NWBC Timber and Pulp Limited restructure plan

(1) In this section:

"NWBC" means NWBC Timber and Pulp Limited;

"region municipality" means a municipality that is in

(

a) the Skeena-Queen Charlotte Regional District,

(

b) the Regional District of Kitimat-Stikine, or

(

c) the Regional District of Bulkley-Nechako;

"restructure plan" means the Amended Plan of Compromise or Arrangement respecting the Skeena companies that was approved by order of the Supreme Court entered on April 16, 2002 and that is now applicable to NWBC;

"Skeena companies" means

(

a) Skeena Cellulose Inc.,

(

b) Orenda Forest Products Ltd.,

(

c) Orenda Logging Ltd., and

(d) 9753 Acquisition Corp.

(2) Despite Divisions 1 [Due Dates and Tax Notices]

and 3 [Payment of Taxes] of

Part 11 [Tax Collection]

of the Local Government Act , a region municipality may

(

a) defer the collection of property taxes payable by NWBC, as contemplated by the restructure plan,

(

b) defer the collection of property taxes payable by the Skeena companies, and

(

c) forgive the interest and penalties on such deferred taxes.

(3) Despite

section 403 [annual tax sale]

of the Local Government Act , a region municipality is not required

to offer property of NWBC or the Skeena companies for tax sale in relation to

taxes that are delinquent as contemplated by subsection (2).

(4) Despite

section 327 (5) [prohibition against municipal

deficits] of the Local Government Act , the City

of Prince Rupert may incur a deficit to the extent of outstanding amounts receivable

from NWBC or the Skeena companies for the period this is contemplated by the

restructure plan.

(5) Despite

section 182 [prohibition against assistance

to business] of the Local Government Act , the City of Prince

Rupert is conclusively deemed to have had the authority to enter into the loan

guarantee made pursuant to the council resolution adopted on February 19, 2002,

in relation to the loan provided by the Northern Savings Credit Union to NWBC,

and the loan guarantee is confirmed and validated effective that date.

(6) All resolutions, bylaws and actions of the City of Prince Rupert in relation to the loan guarantee referred to in subsection (5) 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.

(7) 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.

Governance of the Northern Rockies Regional District

and the Town of Fort Nelson

(1) Despite

Part 3 [Electors and Elections]

and

section 792 (1) [chair of board] of the Local Government Act ,

the Lieutenant Governor in Council may, by supplementary letters patent for

the Northern Rockies Regional District and the Town of Fort Nelson, provide

for the election of a person in accordance with subsection (3) to serve as both

the chair of the board and the mayor of the town for the term of office under

section 209 (1) [term of office for mayor] .

(2) Despite

Part 3 [Electors and Elections] and

sections 784 (1) and (2) [appointment of municipal directors] and 785

(1) and (3) [election of electoral area directors] of the Local Government

Act , the Lieutenant Governor in Council may, by supplementary letters patent

for the Northern Rockies Regional District and the Town of Fort Nelson, provide

(

a) for the election of persons elected in accordance

with subsection (3) to serve as both a director of the regional district and

a councillor of the town for the term of office under

section 209 (2) [term

of office for councillors] ,

(

b) for the board of the regional district to appoint one or more electoral area directors for each electoral area from among the directors, other than the chair, and for the term of office of a director as an electoral area director, and

(

c) that, for all purposes of

Part 24 [Regional Districts]

of the Local Government Act , the chair and all directors who are not

appointed as electoral area directors are deemed to be municipal directors.

(3) For the purposes of subsections (1) and (2), the

Lieutenant Governor in Council may, by supplementary letters patent for the

Northern Rockies Regional District and the Town of Fort Nelson, provide that

Part 3 [Electors and Elections] of the Local Government Act , with

any changes to

Part 3 the Lieutenant Governor in Council considers necessary

or advisable, applies to the elections referred to in those subsections as though

(

a) the regional district and the town were the same jurisdiction and the electors of the regional district were the electors of that jurisdiction,

(

b) the chair of the regional district and the mayor of the town were the mayor,

(

c) the directors of the regional district and the councillors of the town were the councillors of the town,

(

d) candidates for election as chair of the regional district and as mayor of the town were candidates for election as mayor of the town, and

(

e) candidates for election as directors of the regional district and councillors of the town were candidates for election as councillors of the town.

(4) Despite sections 19 [size of council] , 207

[size of council] and 208 [quorum of council] of the Local

Government Act , the Lieutenant Governor in Council may, by supplementary

letters patent for the Town of Fort Nelson, establish the size and quorum of

council.

(5) Despite sections 777 (1) (d) [letters patent of

regional district] and 783 (2) to (7) [composition and voting rights]

of the Local Government Act , the Lieutenant Governor in Council

may, by supplementary letters patent for the Northern Rockies Regional District,

provide the number of votes assigned to each director.

Northern Rockies Regional Hospital District governance

(1) Despite sections 3 (1) (c) [letters

patent – voting unit] and 9 (1) [voting] of the Hospital District

Act , the Lieutenant Governor in Council may, by supplementary letters patent

for the Northern Rockies Regional Hospital District, establish that all votes

of the board are to be conducted on the basis of one vote for each director.

(2) Despite

section 13 (1) [chair] of the Hospital

District Act , the Lieutenant Governor in Council may, by supplementary

letters patent for the Northern Rockies Regional Hospital District, establish

that the person elected as chair of the Northern Rockies Regional District is,

by that election, appointed as chair of the Northern Rockies Regional Hospital

District.

Vancouver Charter

Section 279B (3) of the Vancouver Charter, S.B.C. 1953, c.

55, is amended by repealing paragraph (

c) and substituting the following:

(

c) for an appeal to the Vancouver Police Board from a decision granting, refusing, suspending or cancelling any permit, including the power to provide that

(

i) the Board may delegate the hearing and deciding of such an appeal to one or more members of the Board, and

(ii) the decision of the delegate or delegates, as the case may be, be deemed to be the decision of the Board; .

Section 455 is amended in the definition of "business

promotion scheme" by adding the following paragraph:

(b.01) the removal of graffiti from buildings or structures

in one or more business improvement areas, .

Section 572 is amended

(

a) in subsection (1) by striking out "of five members, two

to be appointed by the Council, two to be appointed by the Lieutenant-Governor

in Council, and a Chairman who shall be appointed by a majority of the other

appointees. The Board shall appoint a secretary and such other officials as

may be required by the Board" ,

(

b) by adding the following subsections:

(1.1) The Board shall consist of

(

a) five members appointed by the Council, and

(

b) a Chairman appointed by a majority of the members.

(1.2) The Board shall appoint a secretary and shall appoint

such other officials as may be required by the Board. ,

(

c) in subsection (2) by striking out "Each" and substituting

"Subject to subsection (2.1), each" ,

(

d) by adding the following subsection:

(2.1) The Council may rescind an appointment to the Board

at any time. ,

(

e) by repealing subsection (7) and substituting the following:

(7) If a member of the Board ceases to hold office, a successor shall be appointed in the same manner as such member was appointed and, until the appointment of a successor, the remaining members shall constitute the Board. , and

(

f) by repealing subsection (8).

Transitional Provisions

Dissolution of Heritage Trust

(1) In this Act, "Heritage Trust" means

the British Columbia Heritage Trust.

(2) On the repeal of

Part 3 of the Heritage Conservation

Act ,

(

a) the Heritage Trust is dissolved,

(

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

(

c) all of the rights, property and assets of the Heritage Trust are transferred to and vested in the government, and

(

d) the government assumes all obligations and liabilities of the Heritage Trust.

Appropriation – Heritage Conservation Act

22 Money required to be paid out in respect of

obligations and liabilities of the Heritage Trust assumed by the government

under

section 21 (2) (

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

Transitional – boards of variance

(1) Despite the amendment to

section 899 of the Local Government Act by this Act, all members of a board of variance who hold office at the time

section 15 of this Act comes into force, including members appointed by the minister, continue to be members of the board until

(

a) the end of their term, or

(

b) the local government rescinds their appointment.

(2) Despite the amendment to

section 572 of the Vancouver Charter by this Act, all members of a Board of Variance who hold office at the time

section 20 of this Act comes into force, including members appointed by the Lieutenant Governor in Council, continue to be members of the Board until

(

a) the end of their term, or

(

b) the Council rescinds their appointment.

Commencement

(1) Sections 1 to 3, 10 to 14, 21 and 22 come

into force on April 1, 2003.

(2) Sections 4 to 9 come into force by regulation of the Lieutenant Governor in Council.

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