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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 6th day of

October, 2003

Ian D. Izard, Law Clerk

HONOURABLE RICK THORPE

MINISTER OF COMPETITION,

SCIENCE AND ENTERPRISE

BILL 36 – 2003

BUSINESS NUMBER ACT

Contents

Section

Definitions

Relationship of Act to designated enactments

System of business numbers

Public body agreements

Collection of information

Disclosure of business information

Use of business number

Information system

Fees

Delegation

Application of Offence Act

Power to make regulations

13-16

Consequential Amendments

Commencement

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

Definitions

1 In this Act:

"business entity" means a person or organization, whether or not incorporated, that provides information to a public body in respect of a business or non-profit undertaking carried on or to be carried on by the person or organization;

"business information" means the following information about a business entity:

(

a) the name of the entity and any operating or business names used by it;

(

b) the legal structure of the entity;

(

c) the mailing and delivery address of the entity;

(

d) if the entity is a corporation,

(

i) the date of its incorporation,

(ii) the jurisdiction under whose laws it is incorporated and its incorporation number in that jurisdiction,

(iii) its registration number in British Columbia if it is incorporated in a jurisdiction other than British Columbia, and

(iv) the names of its directors;

(

e) if the entity is an unincorporated organization other than a partnership, the name of at least one individual who alone or together with others is responsible for the management of the business or affairs of the organization;

(

f) any other prescribed information;

"designated enactment" means an enactment or a portion of an enactment designated by regulation;

"public body" means a body that has entered into an agreement or arrangement with the minister under

section 4.

Relationship of Act to designated enactments

2 If a provision of this Act is inconsistent or in conflict with a provision of a designated enactment, the provision of this Act prevails unless the regulations or the designated enactment expressly provide that the designated enactment, or a provision of it, applies despite this Act.

System of business numbers

(1) The Lieutenant Governor in Council may, by regulation, establish or adopt a system of business numbers for identifying business entities.

(

a) establishing or adopting a system of business numbers under subsection (1), and

Public body agreements

4 The minister may enter into an agreement or arrangement with one or more of the following bodies respecting the use by the body of the system of business numbers established or adopted under

section 3:

(

a) a ministry of the government of British Columbia or an agent of the government,

(

b) a government corporation, as defined in the Financial

Administration Act ,

(

c) a municipality or a regional district, as defined

in the Local Government Act ,

(

d) the City of Vancouver, or

(

e) a board, commission, association or other body designated by regulation.

Collection of information

5 If a business entity provides a public body with information under a designated enactment, the public body may require the business entity to provide business information to the public body in the form and manner required by that public body.

Disclosure of business information

(1) If a public body receives business information from a business entity, the public body, for the purposes of this Act,

(

a) must disclose the information to the minister, and

(2) If a public body has possession of business information about a business entity that was created by the public body or was received from the business entity under a designated enactment before the enactment was designated,

(

a) the public body may use the information in its possession for the purposes of this Act, and

(b) subsection (1) applies to the public body in respect of that information.

Use of business number

7 A public body may require a business entity to provide its business number when the entity is providing information to the public body under a designated enactment.

Information system

(1) The minister may establish and manage an information system for the purpose of

(

a) receiving and storing business information disclosed to the minister under

section 6,

(

b) integrating and updating business information in respect of business entities, and

(

c) disclosing business information in the system in accordance with this Act.

(2) The minister may disclose business information that is stored in the information system to

(

a) a public body, in accordance with the agreement or arrangement under

section 4, for the purpose of

(

i) correcting or updating the information in the information system or in the possession of the public body, or

(ii) administering or enforcing a designated enactment, or

Fees

9 The minister may require a public body to pay the minister a prescribed fee.

Delegation

10 The minister may delegate to any person any of the minister's powers, duties or functions under this Act except the power to enter into an agreement or an arrangement under

section 3 (2) or 4.

Application of Offence Act

(1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) A person who supplies false or misleading business information to a public body commits an offence and is liable

(

a) in the case of a corporation, to a fine of not more than $5 000, and

(

b) in the case of an individual, to a fine of not more than $2 000.

(3) A person does not commit an offence under subsection (2) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

Power to make regulations

(1) The Lieutenant Governor in Council may

make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing information for the purposes of the definition of "business information";

(

b) designating enactments or portions of enactments for the purposes of this Act;

(

c) prescribing designated enactments, or provisions of them, that apply despite this Act;

(

d) designating boards, commissions, associations or other bodies as public bodies;

(

e) prescribing fees payable to the minister.

(3) In making regulations under this Act, the Lieutenant Governor in Council may

(

a) establish different classes of public bodies, business entities or designated enactments, and

(

b) make different regulations for different public bodies, business entities or designated enactments or for different classes of public bodies, business entities or designated enactments.

Consequential Amendments

Business Corporations Act

13 The

Schedule to the Business Corporations Act, S.B.C. 2002,

c. 57, is amended in Column 2 by striking out "$300*" wherever

it appears and substituting "$350*" .

Company Act

14 The Third

Schedule to the Company Act, R.S.B.C. 1996, c. 62,

is amended by striking out "$300" wherever it appears and substituting

"$350" .

Partnership Act

Section 93 (

a) of the Partnership Act, R.S.B.C. 1996, c. 348,

is amended by striking out "$30" and substituting "$40" .

Amendment to this Act

Section 4 (

c) and (

d) of this Act is repealed and the following

substituted:

(

c) a municipality or regional district, or .

Commencement

17 This Act comes into force by regulation of the Lieutenant Governor in Council.

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