2016 Legislative Session: 5th Session, 40th 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 10th day of March, 2016

Craig James, Clerk of the House

HONOURABLE SUZANNE ANTON

MINISTER OF JUSTICE

BILL 5 – 2016

MISCELLANEOUS STATUTES (SIGNED STATEMENTS)

AMENDMENT ACT, 2016

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

Part 1 – Community, Sport and Cultural

Development Amendments

Local Government Act

Section 13 (3) of the Local Government Act, R.S.B.C. 2015, c. 1, is amended

(

a) by repealing paragraphs (d), (

f) and (

g) and substituting the following:

(

d) a signed statement, of the designated municipal officer, verifying that the required public notice has been given;

(

f) a signed statement, of the designated municipal officer, verifying the number of electors entitled to sign under paragraph (e);

(

g) a signed statement, of one or more persons, verifying the authenticity of the electors' signatures under paragraph (e); , and

(

b) in paragraph (

k) by striking out " a statement under oath by " and substituting " a signed statement of " .

Part 2 – Education Amendments

School Act

Section 166.13 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended by striking out " an affirmation " and substituting " a signed statement ".

Section 166.24 (4) is amended by striking out " a signed affirmation " and substituting " a signed statement ".

Section 175 (6) (

a) is amended by striking out " affirmation " and substituting " signed statement ".

Part 3 – Finance Amendments

Cooperative Association Act

Section 184 (1) (

c) of the Cooperative Association Act, S.B.C. 1999, c. 28, is amended by striking out " an affidavit " and substituting " a signed statement ".

Credit Union Incorporation Act

Section 15.1 (2) (

b) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is amended by striking out " an affidavit " and substituting " a signed statement ".

Gaming Control Act

7 Sections 62 (1) (b), 65 (1) (d), 66 (1) (

b) and 67 (1) (

c) of the Gaming Control Act, S.B.C. 2002, c. 14, are amended by striking out " , affidavits ".

Insurance Premium Tax Act

Section 9 of the Insurance Premium Tax Act, R.S.B.C. 1996, c. 232, is amended by striking out " affidavit " in both places and substituting " signed statement ".

Part 4 – Forests, Lands and Natural

Resource Operations Amendments

Land Act

Section 37 of the Land Act, R.S.B.C. 1996, c. 245, is repealed and the following substituted:

Necessary information to be supplied on request

(1) The minister may require an applicant to provide proof, by signed statement or otherwise, with respect to a matter arising out of the application or with respect to the applicant's financial affairs.

(2) A person who does any of the following commits an offence:

(

a) knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under this section;

(

b) produces or relies upon a signed statement given by another person under this

section while knowing the signed statement to be false or misleading with respect to a material fact contained in that signed statement.

Land Title Act

Section 203 (6) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out " a sworn declaration " and substituting " a signed statement ".

Water Sustainability Act

Section 33 (2) (b) (iii) of the Water Sustainability Act, S.B.C. 2014, c. 15, is amended by striking out " an affidavit proving " and substituting " a signed statement confirming ".

Weed Control Act

Section 7 of the Weed Control Act, R.S.B.C. 1996, c. 487, is amended

(

a) in subsection (2) by striking out " a statement of the costs of the control, and send the statement, verified by affidavit, " and substituting " a signed statement setting out the costs of the control and send the signed statement, ", and

(

b) in subsection (3) by striking out " statement " in both places and substituting " signed statement ".

Section 15 (

c) is repealed and the following substituted:

(

c) obstructs an inspector in the lawful exercise of the inspector's duties under this Act,

(c.1) provides information that is false or misleading with respect to a material fact contained in a signed statement under this Act, or .

Part 5 – Health Amendments

Continuing Care Act

Section 5 (3) (

a) of the Continuing Care Act, R.S.B.C. 1996, c. 70, is amended by striking out " an affidavit " and substituting " a signed statement ".

Section 12 is amended by adding the following subsections:

(3) A person who knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under

section 5 (3) commits an offence.

(4) A person who produces or relies upon a signed statement given by another person under

section 5 (3) while knowing the signed statement to be false or misleading with respect to a material fact contained in that signed statement commits an offence.

Hospital Act

Section 7 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended

(

a) in subsection (3) by striking out " the affidavit " and substituting " a signed statement ", and

(

b) by adding the following subsections:

(5) A person who knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under subsection (3) commits an offence.

(6) A person who produces or relies upon a signed statement given by another person under subsection (3) while knowing the signed statement to be false or misleading with respect to a material fact contained in that signed statement commits an offence.

Hospital Insurance Act

Section 7 of the Hospital Insurance Act, R.S.B.C. 1996, c. 204, is amended

(

a) in subsection (1) by striking out " an affidavit " and substituting " a signed statement ", and

(

b) in subsection (2) (

a) and (

b) by striking out " an affidavit or statement " and substituting " a signed statement or other statement ".

Amendment to this Act

Repeal of amendment that may become inoperative

18 The Lieutenant Governor in Council may, by regulation, repeal

section 16 of this Act.

Part 6 – Jobs, Tourism and Skills Training Amendments

Labour Relations Code

Section 149 of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended

(

a) in subsections (1) (

a) and (2) (

a) by striking out " an affidavit signed by " and substituting " a signed statement of ", and

(

b) in subsection (2) (

b) by striking out " a statement setting out " and substituting " a description of ".

Section 150 (1) is amended by striking out " a statement, verified by the statutory declaration of its principal officers " and substituting " a signed statement of its principal officers ".

21 The following

section is added:

Offence

158.1

(1) A person who knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under

section 149 or 150 commits an offence.

(2) A person who produces or relies upon a signed statement given by another person under

section 149 or 150 while knowing the signed statement to be false or misleading with respect to a material fact contained in the signed statement commits an offence.

Part 7 – Justice Amendments

Election Act

Section 54 of the Election Act, R.S.B.C. 1996, c. 106, is amended

(

a) in subsection (3) (

c) to (

e) by striking out " solemn declaration " and substituting " signed statement ", and

(

b) by repealing subsection (4).

Section 57 (3) (

b) is amended by striking out " solemn declaration " and substituting " signed statement ".

Section 155 (3) is amended

(

a) by repealing paragraph (

m) and substituting the following:

(

m) a signed statement, of the financial agent of the political party, verifying the accuracy of the statement submitted under paragraph (l); , and

(

b) in paragraph (

n) by striking out " solemn declaration " and substituting " signed statement ".

Section 157 (3) (

l) is repealed and the following substituted:

(

l) a signed statement, of the financial agent of the constituency association, verifying the accuracy of the statement of the assets and liabilities of the constituency association submitted under paragraph (k); .

Section 240 (3) (

b) is amended by striking out " solemn declaration " and substituting " signed statement ".

Section 268 (3) is amended by striking out " a declaration " and substituting " a declaration or a signed statement ".

Recall and Initiative Act

28 Sections 3 (2) (c), 19 (2) (d), 50 (4), 97 (3) (b), 125 (4) and 144 (3) (

b) of the Recall and Initiative Act, R.S.B.C. 1996, c. 398, are amended by striking out " solemn declaration " and substituting " signed statement ".

Trustee Act

Section 14 of the Trustee Act, R.S.B.C. 1996, c. 464, is amended

(

a) in subsection (6) by striking out " An affidavit " and substituting " A signed statement ", and

(

b) by adding the following subsections:

(12) A person who knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under subsection (6) commits an offence.

(13) A person who produces or relies upon a signed statement given by another person under subsection (6) while knowing the signed statement to be false or misleading with respect to a material fact contained in that signed statement commits an offence.

Wills, Estates and Succession Act

Section 77 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, is amended

(

a) in subsection (2) by striking out " statutory declaration " and substituting " signed statement ", and

(

b) by adding the following subsections:

(6) A person who knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under subsection (2) commits an offence.

(7) A person who produces or relies upon a signed statement given by another person under subsection (2) while knowing the signed statement to be false or misleading with respect to a material fact contained in that signed statement commits an offence.

Part 8 – Natural Gas Development Amendments

Petroleum and Natural Gas Act

Section 47 (3) (

a) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended

(

a) by striking out " an affidavit of expenditure " and substituting " a signed statement setting out expenditures ",

(

b) by striking out " exhibits " and substituting " attachments ", and

(

c) by striking out " the affidavit " and substituting " the signed statement ".

Section 47 (3) (

b) is amended

(

a) by striking out " an affidavit of estimated expenditure " and substituting " a signed statement setting out estimated expenditures ", and

(

b) by striking out " exhibits " and substituting " attachments ".

Section 48 is amended by striking out " an affidavit " and substituting " a signed statement ".

Rent Distress Act

Section 3 of the Rent Distress Act, R.S.B.C. 1996, c. 403, is amended

(

a) in subsection (6) (

a) by striking out " statutory declaration " and substituting " signed statement ",

(

b) in subsection (6) (

b) and (

c) by striking out " declaration " and substituting " signed statement ", and

(

c) by adding the following subsections:

(7) A person who knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under subsection (6) commits an offence.

(8) A person who produces or relies upon a signed statement given by another person under subsection (6) while knowing the signed statement to be false or misleading with respect to a material fact contained in that signed statement commits an offence.

Part 9 – Small Business and Red Tape

Reduction Amendments

Liquor Distribution Act

35 Sections 11.2 (1) (

b) and 11.3 (1) (a) (ii) of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, are amended by striking out " affidavits " and substituting " signed statements ".

36 The following

section is added:

Offence

11.7 A person who does any of the following commits an offence:

(

a) knowingly provides information that is false or misleading with respect to a material fact contained in a signed statement under this Act;

(

b) produces or relies upon a signed statement given by another person under this Act while knowing the signed statement to be false or misleading with respect to a material fact contained in that signed statement.

Part 10 – Social Development and

Social Innovation Amendments

Employment and Assistance Act

Section 11 (2) of the Employment and Assistance Act, S.B.C. 2002, c. 40, is amended by striking out " affirmed by the signature " and substituting " confirmed by a signed statement ".

Employment and Assistance for Persons with Disabilities Act

Section 11 (2) of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41, is amended by striking out " affirmed by the signature " and substituting " confirmed by a signed statement ".

Commencement

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

Copyright (

c) Queen’s Printer, Victoria, British Columbia, Canada