Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

2006 Legislative Session: 2nd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE WALLY OPPAL

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR MULTICULTURALISM

BILL 17 – 2006

ATTORNEY GENERAL STATUTES

AMENDMENT ACT, 2006

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

Business Corporations Act

Section 368 of the Business Corporations Act, S.B.C. 2002, c. 57, is amended

(

a) in subsection (5) by striking out " Title to, " and substituting " Subject to subsection (6), title to, ", and

(

b) by adding the following subsection:

(6) Title to, or any interest in, water system property that

(

a) has escheated to the government under

section 4 of the Escheat Act , or

(

b) has vested in the government under this Act

is not, except as provided in

section 4.1 of the Escheat Act , affected by a restoration of a company.

Escheat Act

2 The Escheat Act, R.S.B.C. 1996, c. 120, is amended by adding the following heading before

section 1:

Part 1 – Escheats .

Section 4 is amended by adding the following subsection:

(5.1) An order may not be made under subsection (5) if the Attorney General has granted or otherwise disposed of the land of the corporation that had escheated to the government.

4 The following

section is added:

Disposal of escheated water system property

4.1

(1) In this section:

"parcel" has the same meaning as in the Land Title Act ;

"vested" , in relation to property that vested in the government, means

(

a) land that escheated to the government, and

(

b) property, other than land, that vested in the government;

"water system property" means

(

a) works that are used or were developed for obtaining, diverting, treating, storing, pumping, conveying, distributing or furnishing water, and

(

b) a parcel of land to which any works referred to in paragraph (

a) are affixed or on which they are located.

(2) This

section applies to water system property that vests in the government on the dissolution of the corporation that owned or was entitled to the water system property at the time of its dissolution.

(3) Section 4 (3) to (5) does not apply to land that is water system property.

(4) The Attorney General may dispose of all or part of water system property at any time after the water system property has vested in the government.

(5) If the Attorney General disposes of water system property under subsection (4), the Attorney General may, despite

section 4 (3), grant a right of way or easement over land that escheated from the same corporation that, before it dissolved, owned the water system property that vested in the government, for the purpose of providing access to the water system property.

(6) If an application is made under any Act to the Supreme Court to revive a dissolved corporation, the Supreme Court may, if notice of the application has been served on the government, order that water system property of the corporation that had vested in the government vests in the corporation.

(7) An order may not be made under subsection (6) in relation to all or part of water system property of the corporation that had vested in the government if the Attorney General has disposed of all or that part of that water system property.

(8) Water system property that is the subject matter of an order made under subsection (6) vests in the corporation at the time, in the manner and subject to the conditions set out in the order.

(9) The Supreme Court must make it a term of any order made under subsection (6) that the water system property must not vest in the corporation until the government has been reimbursed for any costs and expenses

(

a) incurred by the government in relation to the water system property after it vested in the government, and

(

b) for which the government makes application for reimbursement at the time of the hearing.

5 The following

Part is added:

Part 2 – Operation of Water Systems Property

Definitions

15 In this Part:

"amount owing" , in relation to an owner, means the total of

(

a) the amount payable to the government by the owner under

section 16 (1), and

(

b) any interest accrued or accruing on the amount payable referred to in paragraph (a);

"deferral agreement" means an agreement entered into under

section 18 (1);

"owner" , in relation to real property, means the registered owner of an estate in fee simple;

"serviced property" means real property to which water is provided by the government from water system property;

"water system property" means water system property, as defined in

section 4.1, that has, on the dissolution of a corporation, escheated to or vested in the government.

Fees and charges

(1) If the government provides water for use on serviced property, the Attorney General may, by order, set a fee or charge for providing water, including a fee or charge in relation to any repairs or maintenance made to the water system property by the government, to be paid by the owner of the serviced property.

(2) An owner who owes an amount under subsection (1) must pay interest on that amount, at the prescribed rate and calculated in the prescribed manner, from the date of the order or a later prescribed date.

(3) If the government enters into an agreement with a person under which the person operates the water system property on behalf of the government, despite

section 14 (1) of the Financial Administration Act , the agreement may authorize the person to retain a fee for the person's services provided under the agreement from the fee or charge referred to in subsection (1) collected by that person on behalf of the government.

Authority to cease providing water

(1) Despite the Water Utility Act , any other enactment or any other legal obligation, the government

(

a) may cease providing water from water system property, and

(

b) is not required to repair works that are part of water system property or provide water from that water system property if water was not provided from the water system property on the date that the water system property escheated to or vested in the government.

(2) The government must give at least 30 days notice to each owner of serviced property before ceasing to provide water under subsection (1) (a).

(3) The notice under subsection (2) may be given

(

a) by leaving the notice with the owner, or

(

b) by sending the notice by ordinary mail or registered mail or by delivering the notice to the owner's address as shown on any record in the land title office relating to the ownership of the serviced property.

(4) A notice given in accordance with subsection (3) (

b) is deemed to have been given on the date the notice was sent or delivered.

Deferred payment

(1) Subject to this

section and the regulations, if the Attorney General considers that requiring an owner to pay an amount owing to the government causes or is likely to cause hardship to the owner, the Attorney General may enter into an agreement with the owner permitting that owner to defer paying all or part of the amount owing to the government during the term of the agreement.

(3) A deferral agreement terminates on the date the owner transfers the owner's estate in fee simple in the serviced property or on an earlier date established by the agreement.

Registration of deferral agreement

(1) On receiving a deferral agreement from the Attorney General, the registrar of the land title office must register the deferral agreement as a charge, in favour of the government, on the serviced property of the owner who entered into that deferral agreement.

(2) A deferral agreement registered under subsection (1) is a registered charge on the serviced property for the amount owing to the government, including any interest that accrues after the agreement is registered.

Lien against serviced property

(1) If an amount owing by an owner has not been paid, the Attorney General may register a lien against the owner's serviced property by registering a certificate of indebtedness in the prescribed form in the appropriate land title office in the same manner that a charge is registered under the Land Title Act .

(2) On registration of a certificate of indebtedness against an owner's serviced property under subsection (1), a lien is created on the serviced property against which the certificate is registered for the amount owing that remains unpaid and is stated in that certificate.

Filing of certificate

(1) If an amount owing by an owner has not been paid, the Attorney General may

(

a) issue a certificate stating

(

i) the amount owing is due,

(ii) the amount owing that remains unpaid, and

(iii) the name of the person required to pay it, and

(

b) file the certificate with the Supreme Court.

(2) A certificate filed under subsection (1) (

b) is of the same effect, and proceedings may be taken, as if it were a judgment of the Supreme Court for the recovery of a debt in the amount stated against the person named.

Power to make regulations

(1) For the purposes of this Part, 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 the term or the maximum term of deferral agreements;

(

b) prescribing the maximum amount owing that may be deferred under a deferral agreement or prescribing a maximum portion that may be deferred in relation to the value of the serviced property;

(

c) prescribing terms the Attorney General must include in a deferral agreement;

(

d) prescribing the minimum amount or portion of equity in a serviced property that is held by the owner in order for the owner to be eligible to enter into a deferral agreement;

(

e) prescribing the manner of calculating an owner's equity in a serviced property.

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

(

a) define classes of persons, matters or things, and

(

b) make different regulations for different classes of persons, matters or things.

Estate Administration Act

Section 20 (3.1) of the Estate Administration Act, R.S.B.C. 1996, c. 122, is repealed and the following substituted:

(3.1) In an application filed under this section,

(a)

section 40 (3) does not apply, and

(

b) the official administrator is not required to satisfy the registrar that the deceased has no relatives who are

(

i) entitled to share in the distribution of the estate of the deceased, and

(ii) ready and competent to take out letters of administration.

Infants Act

Section 40 of the Infants Act, R.S.B.C. 1996, c. 223, is amended

(

a) by renumbering subsection (1) as subsection (1.1),

(

b) by adding the following subsection:

(1) In subsections (7) and (11), "order" means an order of the Provincial Court if the Provincial Court has jurisdiction over the proceeding for recovery of the unliquidated damages. , and

(

c) in subsections (2) and (3) by striking out " (1) " and substituting " (1.1) ".

Section 42 is amended

(

a) by renumbering the

section as subsection (2), and

(

b) by adding the following subsection:

(1) In this section, "court" means the Provincial Court if the Public Guardian and Trustee refuses consent under

section 40 (7) or (11) and the Provincial Court has jurisdiction over the proceeding for recovery of the unliquidated damages.

Sheriff Act

Section 6.1 of the Sheriff Act, R.S.B.C. 1996, c. 425, is amended

(

a) in subsection (1) by repealing the definition of "screen",

(

b) in subsection (3) (

a) by striking out " screen a person for weapons " and substituting " search a person for weapons in the prescribed manner ",

(

c) in subsection (3) (

b) by striking out " to be screened; " and substituting " to be searched in the prescribed manner; ", and

(

d) in subsection (4) (

a) by striking out " screened for weapons " and substituting " searched for weapons in the prescribed manner ".

10 The following

section is added:

Prisoner searches

6.2

(1) In this section:

"contraband" means

(

a) contraband described in paragraphs (

a) to (

e) of the definition of "contraband" in the Correction Act , or

(

b) an object or substance that, in the opinion of a sheriff's supervisor, may threaten the security or safety of sheriffs or persons in the custody of sheriffs;

"prisoner" means a person in the lawful custody of a sheriff.

(2) A sheriff may conduct a search of a prisoner and any personal possessions, including clothing, that the prisoner may be carrying or wearing.

(3) A search under subsection (2) may include a strip search conducted in accordance with the regulations.

(4) Before a sheriff conducts a strip search of a prisoner, the sheriff must

(

a) believe on reasonable grounds that the prisoner may be in possession of contraband,

(

b) believe on reasonable grounds that a strip search is necessary in the circumstances, and

(

c) obtain the authorization of the sheriff's supervisor, unless the sheriff believes on reasonable grounds that the delay necessary to comply with this requirement would result in danger to human life or safety.

(5) Subsection (4) does not apply to a strip search of a prisoner conducted by a sheriff on taking custody of the prisoner for transport from a penitentiary under the control of Canada.

(6) A strip search of a prisoner must be conducted by a sheriff of the same sex as the prisoner unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

Section 14 is amended

(

a) in subsection (2) by striking out " for the purposes of

section 6.1, " and substituting " for the purposes of sections 6.1 and 6.2, ",

(

b) in subsection (2) by repealing paragraph (

d) and substituting the following:

(

d) respecting searches under sections 6.1 and 6.2, ,

(

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

(

g) defining words or expressions used but not defined in this Act. , and

(

d) by adding the following subsection:

(3) Regulations under subsection (2) (

d) may provide for different types of searches, including strip searches, for different circumstances.

Statute Revision Act

Section 2 (1) of the Statute Revision Act, R.S.B.C. 1996, c. 440, is amended

(

a) by adding the following paragraph:

(a.1) separate

an Act or a provision of

an Act into 2 or more Acts or provisions; , and

(

b) in paragraph (

g) by striking out " a supplement containing ".

Section 5 (3) is repealed.

Section 5 is amended by adding the following subsection:

(3.1) If

an Act or a provision is included in a revision under

section 2 (1) (g), the Act or provision

(

a) comes into force for the purposes of the revision in accordance with the regulation under subsection (1) of this section, and

(

b) comes into force as law as indicated in the revision.

Section 10 (3) is repealed and the following substituted:

(3) Unless confirmed by the Legislature, corrections made by a regulation under this

section cease to have effect after the last day of the next session of the Legislative Assembly after the regulation is made.

16 The following

section is added:

Statute corrections generally

(1) The Lieutenant Governor in Council may make regulations to correct the following in any Act:

(

a) errors of form;

(

b) errors of style;

(

c) numbering errors;

(

d) typographical errors;

(

e) reference errors.

(2) Unless confirmed by the Legislature, corrections made by a regulation under this

section cease to have effect after the last day of the next session of the Legislative Assembly after the regulation is made.

Validation of Electoral Boundaries Commission appointments

(1) In this section, "commission" means the Electoral Boundaries Commission.

(2) Despite

section 5 (1) of the Electoral Boundaries Commission Act ,

(

a) Mr. Justice Bruce I. Cohen,

(

b) Louise Burgart, and

(

c) the chief electoral officer

are conclusively deemed to have been validly appointed as the commission under

section 2 of that Act, effective December 13, 2005, by Order in Council 906/2005.

(3) Stewart Ladyman is conclusively deemed to have been validly appointed as a commission member under

section 2 (1) (

b) of the Electoral Boundaries Commission Act , effective March 27, 2006, by Order in Council 178/2006.

(4) All proceedings, decisions and other actions of the commission that would have been valid had the commission members been validly appointed as referred to in subsections (2) and (3) are conclusively deemed to have been validly done.

(5) All payments made to or for the benefit of a commission member in accordance with the Orders in Council referred to in subsections (2) and (3) are conclusively deemed to have been validly made.

(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.

Commencement

18 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 to 5

By regulation of the Lieutenant Governor in Council

Sections 7 to 11

By regulation of the Lieutenant Governor in Council

Section 13

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Business Corporations Act

SECTION 1: [Business Corporations Act,

section 368] provides that water system property

that escheated to or vested in the government on the dissolution of a company

is not affected by the restoration of a company except as provided in the

Escheat Act .

Escheat Act

SECTION 2: [Escheat Act,

Part 1 heading] is self-explanatory.

SECTION 3: [Escheat Act,

section 4] provides that the Supreme Court may not make an

order vesting in a corporation land of the corporation that had escheated to the

government if the Attorney General has granted or otherwise disposed of the

land.

SECTION 4: [Escheat Act,

section 4.1]

authorizes the Attorney General to dispose of water system property at any time after the property has escheated to or vested in the government;

authorizes the Attorney General to grant a right of way or easement over other escheated land if the Attorney General disposes of water system property;

provides for an application to court for the return of water system property to a dissolved corporation on its revival if the Attorney General has not disposed of that water system property.

SECTION 5: [Escheat Act,

Part 2]

authorizes the setting of fees and charges for providing water from water system property;

requires an owner to pay interest on unpaid fees and charges;

authorizes the government to cease providing water from water system property and provides that the government is not required to repair, or provide water from, a non-functioning water system;

provides for a deferral agreement in specified circumstances;

provides for the registration of the deferral agreement, the registration of a lien and the filing of a certificate with the Supreme Court;

authorizes the making of regulations for this Part of the Act.

Estate Administration Act

SECTION 6: [Estate Administration Act,

section 20] clarifies that the official administrator

is not required to file the affidavits that would otherwise be required under

section

40 (3) when

section 20 of the Act applies.

Infants Act

SECTION 7: [Infants Act,

section 40] clarifies that the Public Guardian and Trustee may

consent to an order awarding damages in favour of an infant or an order dismissing

the claim of an infant when the matter is one over which the Provincial

Court has jurisdiction.

SECTION 8: [Infants Act,

section 42] clarifies that a party may apply to the Provincial

Court for approval of certain matters if the Public Guardian and Trustee

refuses consent under

section 40 (7) or (11) and the matter is one over which

the Provincial Court has jurisdiction.

Sheriff Act

SECTION 9: [Sheriff Act,

section 6.1] is consequential to the addition of a power to search

prisoners.

SECTION 10: [Sheriff Act,

section 6.2]

authorizes a sheriff to search, including strip search, a prisoner when the sheriff takes custody of the prisoner and when the sheriff has reasonable grounds for believing the prisoner has contraband;

imposes a requirement for prior authorization for strip searches other than strip searches conducted on taking custody of a prisoner from a federal penitentiary;

requires that strip searches be carried out by a sheriff of the same sex as a prisoner except in the limited circumstances set out in the provision.

SECTION 11: [Sheriff Act,

section 14] expands the power to make regulations respecting

searches, authorizes different searches for different circumstances and adds a

power to define words used in the Act by regulation.

Statute Revision Act

SECTION 12: [Statute Revision Act,

section 2]

(

a) authorizes the separation of

an Act or the provisions of

an Act during the preparation of a revision, and

(

b) provides for enacted provisions that have not been brought into force to be included in a revision other than by means of a supplement.

SECTION 13: [Statute Revision Act,

section 5] provides for the repeal of a provision that

relates to the coming into force of provisions in a supplement, which may be

repealed after the remaining supplements have been brought into force or

repealed.

SECTION 14: [Statute Revision Act,

section 5] clarifies the coming into force of

an Act or a

provision that had not been brought into force before being included in the

revision.

SECTION 15: [Statute Revision Act,

section 10] clarifies that a regulation made under this

section ceases to have effect unless confirmed by the Legislature.

SECTION 16: [Statute Revision Act,

section 12] adds a regulatory power to correct minor

errors in

an Act, and provides that a regulation made under this

section ceases

to have effect unless confirmed by the Legislature.

SECTION 17: [Validation of Electoral Boundaries Commission appointments]

validates the appointments of the commission (which were made on December 13, 2005, rather than on or before November 30, 2005 as required by

section 5 (1) of the Electoral Boundaries Commission Act );

validates the appointment of Stewart Ladyman, who replaced Louise Burgart as a commission member;

validates the actions of the commission and the payments to commission members between December 13, 2005 and the date this Bill receives Royal Assent.

Copyright (c) 2007: Queen’s Printer, Victoria, British Columbia, Canada