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1998/99 Legislative Session: 3rd Session, 36th 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 2nd day of June, 1999

Ian D. Izard, Law Clerk

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR

MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 66 – 1999

ATTORNEY GENERAL STATUTES

AMENDMENT ACT, 1999

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

Court of Appeal Act

1 The Court of Appeal Act, R.S.B.C. 1996, c. 77, is amended by adding the

following section:

Powers after leaving office

4.1

(1) A justice who resigns his or her office, is

appointed to another court or ceases to hold office under

section 99 (2) of the Constitution

Act, 1867, may, within 6 months after the resignation, appointment or ceasing to hold

office, give judgment in a proceeding he or she heard while holding office, and the

judgment is effective as though he or she still held office.

(2) A justice who is appointed to another court may continue with

the hearing of any proceeding of which he or she was seized, and the jurisdiction to hear

the proceeding and give judgment is effective as though he or she still held office.

Section 18 is amended by adding the following subsection:

(4) A justice may dismiss as abandoned the appeal of an appellant

who fails to comply with an order made under subsection (1).

Section 23 is repealed and the following substituted:

Costs

23 Unless the court or a justice otherwise orders, the

party who is successful on an appeal is entitled to costs of the appeal including the

costs of all applications made in the appeal.

Court Order Enforcement Act

4 Sections 9 (4) and 13 (3) of the Court Order Enforcement Act, R.S.B.C. 1996, c.

78, are amended by striking out "double" .

Creditor Assistance Act

Section 9 (1) of the Creditor Assistance Act, R.S.B.C. 1996, c. 83, is amended

by striking out "creditor" and substituting "debtor" .

6 Sections 9 (3) (b), 10 and 11 (9) are amended by striking out "prepaid" .

Estate Administration Act

Section 47 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is

repealed.

Section 59 is amended

(

a) in subsection (2) by striking out "subsection (4)."

and substituting "subsection (6)." ,

(

b) in subsection (8) by striking out "subsection (4)"

and substituting "subsection (6)" ,

(

c) by repealing subsection (9),

(

d) by renumbering subsection (10) as subsection (9), and

(

e) by repealing subsection (11) and substituting the following:

(10) This section,

section 60 and

section 61 are subject to

section 10 of the Workers Compensation Act, and nothing in this section,

section 60

or 61 prejudices or affects a right of action under

section 103 of that Act or the Family

Compensation Act.

9 The following

section is added:

Powers when legatee cannot be found or fails to claim specific

bequest

67.1

(1) This

section applies only if

(

a) the deceased died testate leaving a specific bequest of real

or personal property to a beneficiary, and

(

b) the will does not expressly exclude the operation of this

section.

(2) If the personal representative, after making all reasonable

efforts, is unable to locate the beneficiary within one year of the date of the grant of

letters probate or administration with will annexed, the personal representative may sell

the real or personal property, deduct any costs related to the storage, transportation and

sale of the property and hold the net proceeds in trust.

(3) If net proceeds under subsection (2) are held in trust by the

Public Trustee and a beneficiary does not make a claim to those proceeds within the time

period specified in the Unclaimed Money Act, the proceeds are deemed to be

unclaimed money deposits under that Act.

(4) If net proceeds under subsection (2) are held in trust by a

personal representative other than the Public Trustee, the personal representative must

promptly pay the proceeds into court after deducting the costs of doing so.

(5) If a beneficiary under an estate described in subsection

(1) has been located and notified of a specific bequest but neglects or refuses to make

arrangements to take delivery of the property within 6 months of the notification, the

personal representative may sell the real or personal property, deduct any costs related

to the storage, transportation and sale of the property and send the net proceeds to the

beneficiary.

(6) If a beneficiary described in subsection (5) does not accept

the net proceeds, the personal representative must hold the net proceeds in trust and

subsection (3) or (4) applies.

(7) This

section does not prevent an application by a personal

representative to the court under

section 39 of the Trustee Act or under

section 3

of the Survivorship and Presumption of Death Act.

Section 75 (1) (

b) is repealed and the following substituted:

(

b) there is no trustee for the minor's interest in the estate, .

Evidence Act

Section 60 (

k) of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed.

12 The following

section is added:

Police forces

60.1 The following persons are commissioners for taking

affidavits for British Columbia only for the purposes of exercising the powers and

performing the duties of their office:

(

a) members of the Royal Canadian Mounted Police who are peace

officers and are located in British Columbia;

(

b) designated constables, provincial constables and municipal

constables as defined in the Police Act;

(

c) other individuals or classes of individuals who are officers

as defined in the Police Act and who are designated by regulation of the Attorney

General for the purposes of this section.

Section 72 (2) (

a) is amended by renumbering the subparagraphs as (i), (ii)

and (iii) respectively.

14 The Supplement to the Evidence Act is repealed.

Interpretation Act

Section 11 of the

Interpretation Act, R.S.B.C. 1996, c. 238, is repealed and

the following substituted:

Reference aids and clarifications

(1) In an enactment, a head note to a provision or a

reference after the end of a

section or other division

(

a) is not part of the enactment, and

(

b) must be considered to have been added editorially for

convenience of reference only.

(2) In an enactment, if a reference to a provision of the

enactment or any other enactment is followed by italicized text in square brackets that is

or purports to be descriptive of the subject matter of the provision, subsection (1) (

a) and (

b) applies to the text in square brackets.

(3) The Lieutenant Governor in Council may make regulations

amending an enactment for the purpose of changing a reference to a specific minister or

ministry in a provision of the enactment to the minister or ministry, as applicable,

currently assigned responsibility in relation to the matter.

Land Title Act

16 Sections 265 (

b) and (c), 266 (3) (

b) and (

c) and 269 (

a) of the Land Title

Act, R.S.B.C. 1996, c. 250, is amended by striking out "(Canada)" .

Libel and Slander Act

17 Sections 7 (

e) and 8 (

b) of the Libel and Slander Act, R.S.B.C. 1996,

c. 263, are amended by striking out "mailed by registered letter"

and substituting "sent by registered mail" .

Section 12 (3) is amended by striking out "registered letter

containing the person's address" and substituting "letter

containing the person's address, sent by registered mail" , by striking out "mails

it by registered letter" and substituting "sends it by registered

mail" and by striking out "on which the registered letter"

and substituting "on which the letter" .

Limitation Act

Section 3 (6) of the Limitation Act, R.S.B.C. 1996, c. 266, is amended by

striking out "the" after "limiting" .

Motion Picture Act

Section 2 (4) of the Motion Picture Act, R.S.B.C. 1996, c. 314, is repealed

and the following substituted:

(4) Before a motion picture distributor distributes a motion

picture for the purpose of exhibition in a theatre, the motion picture distributor must

demonstrate, by means of a certificate or some other evidence of approval satisfactory to

the director, that the motion picture and all copies of it that are intended for

exhibition have been approved as described in subsection (2).

Motor Vehicle Act

Section 66 (3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is

repealed.

Multilevel Marketing Regulation Act

22 The Multilevel Marketing Regulation Act, R.S.B.C. 1996, c. 322, is

repealed.

Municipal Act

Section 6 of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed.

Police Act

Section 60.1 (8) of the Police Act, R.S.B.C. 1996, c. 367, is amended

by striking out "double" .

Refugee Settlement Act

25 The Refugee Settlement Act, R.S.B.C. 1996, c. 401, is repealed.

Trustee Act

Section 27 (2) (

c) of the Trustee Act, R.S.B.C. 1996, c. 464, is amended by

striking out "but if only" and substituting "but,

except in a case in which only" .

Wills Act

Section 25 of the Wills Act, R.S.B.C. 1996, c. 489, is amended by striking out

"if the testator" and substituting "if the testator

or other person" .

Young Offenders (British Columbia) Act

Section 7 of the Young Offenders (British Columbia) Act, R.S.B.C. 1996, c.

494, is amended

(

a) in subsection (3) by striking out "section 92.1" and

substituting "section 100" , and

(

b) in subsection (4) by striking out "section 76" and

substituting "section 83" .

Commencement

(1) Sections 5, 8, 11 to 13, 16, 19 to 21 and 26 to 28

come into force by regulation of the Lieutenant Governor in Council.

(2) When brought into force by regulation, sections 5, 8, 13, 16,

19 and 26 to 28 are deemed to have come into force on April 21, 1997 and are retroactive

to the extent necessary to give them effect on and after that date.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada