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2004 Legislative Session: 5th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 18 – 2004

MISCELLANEOUS STATUTES AMENDMENT ACT, 2004

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 370 (1) (c) (ii) of the Business Corporations Act, S.B.C. 2002,

c. 57, is amended by striking out " the shares of the company that had

been issued by the company, or transferred, within 6 years before dissolution,

and if, despite the dissolution, shares had been issued or transferred after

dissolution and before restoration, those shares, and, with respect to the shares

referred to in this subparagraph, " and substituting " if, despite

the dissolution of the company, shares had been issued or transferred after

dissolution and before restoration, those shares, and, with respect to those

shares, ".

2 Item 7 of the

Schedule is amended by striking out " through

the B.C. OnLine information service using a person's own computer terminal "

and substituting " by persons other than government personnel ".

College and Institute Act

Section 51 of the College and Institute Act, R.S.B.C. 1996, c. 52, is repealed and the following substituted:

Application of the Business Corporations Act

51 The Business Corporations Act does not apply to an institution, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the institution.

Community Care and Assisted Living Act

Section 25 (3) (

d) of the Community Care and Assisted Living Act, S.B.C.

2002, c. 75, is amended by striking out " subsection (5) (a) " and

substituting " subsection (2) (a) ".

Community Financial Services Act

5 The Community Financial Services Act, R.S.B.C. 1996, c. 61, is repealed.

Corporation Capital Tax Act

Section 1 (1) of the Corporation Capital Tax Act, R.S.B.C. 1996, c.

73, is amended in the definition of " trust company "

by striking out " Financial Institutions Act or the B.C. Community

Financial Services Corporation established under the Community Financial

Services Act , " and substituting " Financial Institutions

Act , ".

Crown Proceeding Act

Section 15 of the Crown Proceeding Act, R.S.B.C. 1996, c. 89, is amended

by striking out " Minister of Finance " in both places and substituting

" Attorney General ".

Finance and Corporate Relations Statutes Amendment Act, 1999

Section 1 of the Finance and Corporate Relations Statutes Amendment Act, 1999, S.B.C. 1999, c. 33, is repealed.

Financial Information Act

Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140,

is amended by striking out " B.C. Community Financial Services 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:

B.C. Community Financial Services Corporation

Head:

Chair of the Board of Directors .

Health Professions Amendment Act, 2003

Section 12 of the Health Professions Amendment Act, 2003, S.B.C. 2003,

c. 57, as it enacts

section 20.1 of the Health Professions Act, R.S.B.C. 1996,

c. 183, is amended by striking out "

section 19 (1) (y.2) (ii). "

and substituting "

section 19 (1) (y.2) (i)."

Section 23 is repealed and the following substituted:

Section 33 (1) is amended by striking out " by the complaint. "

and substituting " by the complainant as soon as possible."

Section 54 is repealed and the following substituted:

Section 225 (3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is

amended by striking out " , a medical practitioner or a registered nurse

within the meaning of the Nurses (Registered) Act . " and substituting

" or a medical practitioner or registered nurse authorized under an enactment

to practice as a medical practitioner or registered nurse in British Columbia."

Hydro and Power Authority Act

Section 12 of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended

(

a) by repealing subsection (1) (i),

(

b) in subsection (2) (

c) by striking out " or enters into partnership

with ",

(

c) in subsection (3) by striking out " or enters into partnership

with " and " or the partnership ",

(

d) by repealing subsection (5) and substituting the following:

(5) Despite the Land Title Act , if the authority acquires all of the property, assets or undertaking of, or amalgamates in any manner with, a firm or person,

(

a) all of the interests of that firm or person that are registered in a land title office are deemed to be registered interests of the authority or the amalgamated corporation, as the case may be,

(

b) the registrar of that land title office must accordingly make all necessary amendments to the register, and

(

c) the amendments constitute registration of the interests

under the Land Title Act in favour of the authority or the amalgamated

corporation, as the case may be. , and

(

e) by repealing subsection (13).

15 Sections 13, 21 (18) to (23), 26, 28 (3) and 29 are repealed.

Section 22 is amended by striking out " bylaw or ".

Section 28 (2) is amended by striking out " auditors appointed

by the Lieutenant Governor in Council, " and substituting " auditors, ".

Section 32 (7) is amended by adding the following paragraph:

(k.1) the Financial Information Act ; .

Interpretation Act

Section 3 of the

Interpretation Act, R.S.B.C. 1996, c. 238, is amended by adding the following subsection:

(3.1) If

an Act contains a provision to the effect that the Act, or a portion of it, comes into force on a date that is earlier than the date of assent, that Act or portion referred to in the provision

(

a) comes into force in accordance with the terms of the provision, and

(

b) on coming into force, is deemed to have come into force on the earlier date referred to in the provision and is retroactive to the extent necessary to give it force and effect on and after that earlier date.

Section 29 is amended in the definition of "newspaper"

by striking out " and sold to the public and to regular subscribers on

a genuine subscription list ".

Section 29 is amended in the definition of "savings institution"

by adding " or " at the end of paragraph (c), by striking out " or "

at the end of paragraph (

d) and by repealing paragraph (e).

Jury Act

Section 3 (1) of the Jury Act, R.S.B.C. 1996, c. 242, is amended

(

a) by repealing paragraphs (

g) and (h),

(

b) in paragraph (

n) by striking out " penitentiary, prison or

correctional institution " and substituting " penitentiary, prison,

correctional institution or youth custody centre, ", and

(

c) by striking out " or " at the end of paragraph (p),

by adding " or " at the end of paragraph (

q) and by adding the following

paragraph:

(

r) a member of a class of persons prescribed by regulation.

Section 34 (2) is amended by adding the following paragraph:

(a.1) prescribing a class of persons the members of which

are disqualified from serving as jurors; .

Land Title Act

Section 373.1 (3) of the Land Title Act, R.S.B.C. 1996, c. 250, as

consolidated in

section 11 of the Supplement to the Land Title Act, is amended

by striking out " Attorney General " and substituting " minister ".

Miscellaneous Statutes Amendment Act (No. 2), 1999

Section 15 of the Miscellaneous Statutes Amendment Act (No. 2), 1999, S.B.C. 1999, c. 38, is repealed.

Private Managed Forest Land Act

Section 10 of the Private Managed Forest Land Act, S.B.C. 2003, c. 80, is amended

(

a) in subsection (4) by striking out " the Company Act

and the Company Clauses Act do " and substituting " the Business

Corporations Act does ", and

(

b) in subsection (5) by striking out " the Company Act "

and substituting " the Business Corporations Act ".

Section 61 is repealed.

Royal Roads University Act

Section 3 (5) of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is repealed and the following substituted:

(5) The Business Corporations Act does not apply to the university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the university.

Social Workers Act

Section 2 of the Social Workers Act, R.S.B.C. 1996, c. 432, is amended

(

a) in subsection (5) by striking out " hold office for one year, "

and substituting " may be appointed to hold office for a term of up to

3 years, ", and

(

b) by repealing subsection (7).

30 The following sections are added:

Vacancies on the board

2.1 If a vacancy on the board is caused by the death, resignation or incapacity of a member,

(

a) the Lieutenant Governor in Council must appoint, under

section 2 (2) (

a) or (b), as applicable, a person to hold office for the remainder of the member's term, and

(

b) the chair, or the vice chair if the chair is unable to act, may, after consultation with the minister, appoint an individual who would otherwise be qualified for appointment as a member to hold office until the earlier of

(

i) an appointment referred to in paragraph (a), and

(ii) 6 months after the date of appointment.

Powers after expiry of term

2.2 The chair, or the vice chair if the chair is unable to act, may authorize a member to continue to hold office after the expiry of the member's term of appointment until the earlier of the following:

(

a) the member is reappointed;

(

b) a successor is appointed as a member;

(

c) a period of 6 months has expired.

Tobacco Sales Act

Section 1 of the Tobacco Sales Act, R.S.B.C. 1996, c. 451, is amended

by repealing the definition of " authorization " and

substituting the following:

"authorization" means a retail authorization or

a dealer's permit issued under the Tobacco Tax Act ; .

Transmission Corporation Act

Section 2 (1) of the Transmission Corporation Act, S.B.C. 2003, c.

44, is amended by striking out " sections 29 (3), 31 " and substituting

" sections 31 ".

Trinity Western University Act

Section 11 (

p) of the Trinity Western University Act , S.B.C. 1969, c. 44, is repealed and the following substituted:

(

p) a theological degree:

(

q) a degree as defined in

section 1 of the Degree Authorization Act

(

i) to which

section 3 (7) of that Act applies for the University, or

(ii) for which a consent under

section 4 (1) of that Act has been given to the University.

University Act

Section 3 (4) of the University Act, R.S.B.C. 1996, c. 468, is repealed and the following substituted:

(4) The Business Corporations Act does not apply to a university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to a university.

Workers Compensation Act

35 The Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by adding the following section:

Delegation of chief review officer's powers and duties

96.6

(1) The chief review officer may delegate in writing to a review officer a power or duty of the chief review officer and may impose any limitations or conditions on the exercise of that power or performance of that duty.

(2) If the chief review officer has delegated a power or duty and subsequently ceases to hold office, the delegation continues in effect

(

a) so long as the delegate continues in office, or

(

b) until the delegation is revoked by a new chief review officer.

(3) The chief review officer may designate a review officer to act in the chief review officer's place during his or her temporary absence, and while acting in the chief review officer's place the designated review officer has the power and authority of the chief review officer.

Section 106 is amended in paragraph (

b) of the definition of " employer "

by striking out " of this Act ".

Section 231 is amended by adding the following definition:

"worker" means

(

a) a worker as defined in

section 1, and

(

b) a person who is deemed to be a worker under

Part 1 or the regulations under that Part, or to whom that Part applies as if the person were a worker.

Section 241 is amended by adding the following subsection:

(6) In subsections (1) (c), (2) and (5), "employer" means

(

a) an employer as defined in

section 1,

(

b) a person who is deemed to be an employer under

Part 1 or the regulations under that Part, and

(

c) the owner and the master of a fishing vessel for which there is crew to whom

Part 1 applies as if the crew were workers.

39 The following

section is added to Division 2 of

Part 4:

Appeal rights to workers for decisions pre-dating 2004 amendments

244.1

(1) In this section:

"decision" means

(

a) a review officer's decision referred to in

section 241 (1), (2) or (3),

(

b) a decision or an order referred to in

section 241 (4), or

(

c) a decision referred to in

section 241 (5)

made between March 3, 2003 and the date that this

section comes into force;

"employer" has the same meaning as in

section 241 (6).

(2) Despite

section 243 but subject to this section,

(

a) a worker,

(

b) a deceased worker's dependant,

(

c) a member of a deceased worker's family, or

(

d) an employer

who is or was directly affected by a decision may appeal that decision to the appeal tribunal by filing a notice of appeal with the tribunal in accordance with

section 242 (2).

(3) A notice of appeal under subsection (2) must be filed before expiry of one of the following periods, as applicable:

(

a) if the appeal is in respect of a decision referred to in

section 241 (1), (2) or (3), 30 days from the date that this

section comes into force;

(

b) if the appeal is in respect of a decision or order referred to in

section 241 (4) or (5), 90 days from the date that this

section comes into force.

(4) Section 244 and Divisions 3 and 4 of this Part apply in respect of an appeal filed under this section.

(5) This

section does not apply in respect of

(

a) a worker,

(

b) a deceased worker's dependant,

(

c) a member of a deceased worker's family, or

(

d) an employer

to whom

section 241 applied immediately before this

section came into force.

(6) This

section may be repealed by regulation of the Lieutenant Governor in Council.

Section 249 (5) (

b) is amended by striking out " or a member

of the worker's family ".

Section 257 (2) (

a) is amended by striking out " within the

meaning of

Part 1 ".

Transitional and Other Provisions

Validation of bylaw

Section 14 (

c) of the bylaws of the Association of Professional Engineers and Geoscientists of the Province of British Columbia, which was the subject of a ratification vote of the members of the association by letter ballot in September, 1992, is deemed to have come into force and effect on September 9, 1993, and is valid and retroactive to the extent necessary to give it effect on and after September 9, 1993.

Transitional – Community Financial Services Act

(1) On the repeal of the Community Financial Services Act ,

(

a) the B.C. Community Financial Services Corporation is dissolved and disestablished,

(

b) the appointment of each member of the board of directors of that corporation is rescinded,

(

c) the advisory council elected under

section 10 of that Act is dissolved and disestablished,

(

d) all of the rights, property and assets of the B.C. Community Financial Services Corporation are transferred to and vested in the government, and

(

e) subject to

section 44 of this Act, all of the debts, liabilities, obligations and covenants of the B.C. Community Financial Services Corporation are transferred to and vested in the government.

(2) On and after the date on which the Community Financial Services Act is repealed, a reference to the B.C. Community Financial Services Corporation in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.

Transitional – unclaimed deposits

(1) In this section, "administrator" has the same meaning as in the Unclaimed Property Act .

(2) If, immediately before the dissolution and disestablishment of the B.C. Community Financial Services Corporation, a debt is owing by that corporation because of a deposit, the government must, after the transfer of assets referred to in

section 8 (1) (d),

(

b) provide, with that payment, a statement showing the full name, if known, and the last known address, if any, of the creditor.

(3) Payment by the government under subsection (2) (

a) discharges the B.C. Community Financial Services Corporation and the government from all liability to the creditor in respect of the debt and interest.

(4) The government may pay the money referred to in subsection (2) (

a) out of the consolidated revenue fund without an appropriation other than this Act.

(5) Money paid to the administrator under subsection (2) (

a) of this

section is deemed to be an unclaimed money deposit under the Unclaimed Property Act .

Commencement

45 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 3

March 29, 2004

Sections 5 and 6

By regulation of the Lieutenant Governor in Council

Section 7

April 1, 2004

Sections 8 to 10, 21 to 23 and 25

By regulation of the Lieutenant Governor in Council

Sections 26 and 28

March 29, 2004

Section 31

February 18, 2004

Section 33

By regulation of the Lieutenant Governor in Council

Section 34

March 29, 2004

Sections 37 to 41, 43 and 44

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Business Corporations Act

(Ministry of Finance)

SECTION 1: [Business Corporations Act,

section 370] removes from

restored pre-existing companies the necessity to include in their central securities

register, within 12 months after the date on which they are restored, information

respecting shares issued within the 6 years before the company's dissolution.

SECTION 2: [Business Corporations Act, Schedule] recognizes the

possibility of searches of the register being conducted by persons other than

B.C. OnLine.

College and Institute Act

(Ministry of Advanced Education)

SECTION 3: [College and Institute Act,

section 51] changes a

reference to the Company Act to a reference to the Business Corporations

Act .

Community Care and Assisted Living Act

(Ministry of Health Services)

SECTION 4: [Community Care and Assisted Living Act,

section 25] corrects

a cross reference within the Act.

Community Financial Services Act

(Ministry of Small Business and Economic Development)

SECTION 5: [Community Financial Services Act, repeal] repeals

the Community Financial Services Act .

Corporation Capital Tax Act

(Ministry of Provincial Revenue)

SECTION 6: [Corporation Capital Tax Act,

section 1] amends the

definition of "trust company" in the Corporation Capital Tax Act consequential

to the repeal of the Community Financial Services Act .

Crown Proceeding Act

(Ministry of Attorney General)

SECTION 7: [Crown Proceeding Act,

section 15] transfers

to the Attorney General the responsibility to lay before the Legislative Assembly

the annual statement prepared under

section 15 of the Act.

Finance and Corporate Relations Statutes Amendment Act, 1999

(Ministry of Finance)

SECTION 8: [Finance and Corporate Relations Statutes Amendment Act, 1999,

section 1] repeals an unproclaimed amendment to the Community Financial

Services Act consequential to the repeal of the Community Financial Services

Act .

Financial Information Act

(Ministry of Finance)

SECTION 9: [Financial Information Act,

Schedule 2] removes reference

in the Financial Information Act to "B.C. Community Financial Services

Corporation" consequential to the repeal of the Community Financial Services

Act .

Freedom of Information and Protection of Privacy Act

(Ministry of Management Services)

SECTION 10: [Freedom of Information and Protection of Privacy Act,

Schedule

2] removes reference to "B.C. Community Financial Services Corporation"

and "Chair of the Board of Directors" consequential to the repeal of the Community

Financial Services Act .

Health Professions Amendment Act, 2003

(Ministry of Health Services)

SECTION 11: [Health Professions Amendment Act, 2003,

section 12] corrects

a cross reference in

section 20.1 of the Health Professions Act .

SECTION 12: [Health Professions Amendment Act, 2003,

section 23]

corrects an error.

SECTION 13: [Health Professions Amendment Act, 2003,

section 54]

clarifies the intent of the consequential amendment.

Hydro and Power Authority Act

(Ministry of Energy and Mines)

SECTION 14: [Hydro and Power Authority Act,

section 12] removes

the ability of the authority to do the following:

demand particulars from persons who own, operate or control power sites,

power projects or power plants;

exercise sweeping powers over the property of a firm or person with whom

it enters into a partnership.

SECTION 15: [Hydro and Power Authority Act, sections 13, 21, 26, 28 and

29] removes the following requirements:

that a person provide particulars to the authority;

that the authority create sinking funds for its borrowings;

that the Lieutenant Governor in Council appoint the auditors and bankers

of the authority;

that the authority submit an annual report and financial statements for

provision to the Legislature.

SECTION 16: [Hydro and Power Authority Act,

section 22] removes

an unnecessary reference to "bylaw".

SECTION 17: [Hydro and Power Authority Act,

section 28] removes

a reference to auditors appointed by the Lieutenant Governor in Council, consequential

to the repeal of

section 28 (3) of the Act by this Bill.

SECTION 18: [Hydro and Power Authority Act,

section 32] adds

the Financial Information Act to the list of Acts to which the authority

is subject.

Interpretation Act

(Ministry of Attorney General)

SECTION 19: [Interpretation Act,

section 3] facilitates the new

table format for commencement provisions by establishing a general rule respecting

retroactive commencement of provisions in

an Act.

SECTION 20: [Interpretation Act,

section 29] allows newspapers

that are distributed free of charge or without subscription to be used when

legislation requires publication in a newspaper.

SECTION 21: [Interpretation Act,

section 29] amends the definition

of "savings institution" consequential to the repeal of the Community Financial

Services Act .

Jury Act

(Ministry of Attorney General)

SECTION 22: [Jury Act,

section 3] removes certain classes of

persons from those who are disqualified from jury service and adds prescribed

classes of persons to those who are disqualified from jury service.

SECTION 23: [Jury Act,

section 34] adds a power to make regulations

that prescribe classes of persons who are disqualified from jury service.

Land Title Act

(Ministry of Sustainable Resource Management)

SECTION 24: [Land Title Act,

section 373.1 as consolidated in

section

11 of the Supplement] updates a ministerial reference that, but for

a typographical error, would have been made by

section 50 of the Sustainable

Resource Management Statutes Amendment Act, 2003 , S.B.C. 2003, c. 66.

Miscellaneous Statutes Amendment Act (No. 2), 1999

(Ministry of Attorney General)

SECTION 25: [Miscellaneous Statutes Amendment Act (No. 2), 1999,

section

15] repeals an unproclaimed amendment to the Community Financial

Services Act consequential to the repeal of the Community Financial Services

Act .

Private Managed Forest Land Act

(Ministry of Sustainable Resource Management)

SECTION 26: [Private Managed Forest Land Act,

section 10] is

consequential to the repeal of the Company Act and its replacement with

the Business Corporations Act , and to the repeal of the Company

Clauses Act .

SECTION 27: [Private Managed Forest Land Act,

section 61] is

consequential to the amendment to

section 10 of the Act by this Bill.

Royal Roads University Act

(Ministry of Advanced Education)

SECTION 28: [Royal Roads University Act,

section 3] changes

a reference to the Company Act to a reference to the Business Corporations

Act .

Social Workers Act

(Ministry of Children and Family Development)

SECTION 29: [Social Workers Act,

section 2] increases a member's

term from one year to up to 3 years.

SECTION 30: [Social Workers Act, sections 2.1 and 2.2]

provides for temporary members to be appointed by the Lieutenant Governor

in Council and the chair if there is a vacancy on the board;

permits members to temporarily continue their duties after their term expires.

Tobacco Sales Act

(Ministry of Health Services)

SECTION 31: [Tobacco Sales Act,

section 1] repeals and replaces

the definition of "authorization" to coincide with amendments to the Tobacco

Tax Act .

Transmission Corporation Act

(Ministry of Energy and Mines)

SECTION 32: [Transmission Corporation Act,

section 2] removes

reference to

section 29 of the Hydro and Power Authority Act consequential

to the repeal of that

section by this Bill.

Trinity Western University Act

(Ministry of Advanced Education)

SECTION 33: [Trinity Western University Act,

section 11] aligns

the references to non- theological degrees that the university may grant or

confer with references to those degrees in the Degree Authorization Act .

University Act

(Ministry of Advanced Education)

SECTION 34: [University Act,

section 3] changes a reference to

the Company Act to a reference to the Business Corporations Act .

Workers Compensation Act

(Ministry of Skills Development and Labour)

SECTION 35: [Workers Compensation Act,

section 96.6] allows the

chief review officer to delegate powers and duties to review officers and to

designate an acting chief review officer during a temporary absence.

SECTION 36: [Workers Compensation Act,

section 106] removes unnecessary

wording.

SECTION 37: [Workers Compensation Act,

section 231] provides

a more expansive definition of "worker" for

Part 4, extending appeal rights

to a broader group of persons.

SECTION 38: [Workers Compensation Act,

section 241] defines "employer"

for the purposes of

section 241 (1) (c), (2) and (5).

SECTION 39: [Workers Compensation Act,

section 244.1] provides

appeal rights from specified decisions for a limited period.

SECTION 40: [Workers Compensation Act,

section 249] is self explanatory.

SECTION 41: [Workers Compensation Act,

section 257] is consequential

to the proposed definition of "worker" in

Part 4.

SECTION 42: [Validation – bylaws of the Association of Professional

Engineers and Geoscientists of the Province of British Columbia] validates

a bylaw that was enacted and ratified by the association before the provision

of the Engineers and Geoscientists Act that authorized the bylaw to be

made, now numbered

section 10 (1) (

d) of the Act, came into force on September

9, 1993.

SECTION 43: [Transitional – Community Financial Services Act]

provides for the dissolution of the B.C. Community Financial Services Corporation,

and its board, assets and liabilities, on the repeal of the Community Financial

Services Act .

SECTION 44: [Transitional – unclaimed deposits] provides for

unclaimed deposits held by the B.C. Community Financial Services Corporation

on the repeal of the Community Financial Services Act to become unclaimed

money deposits under the Unclaimed Property Act .

Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada