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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 GARY COLLINS

MINISTER OF FINANCE

BILL 5 – 2004

BUDGET MEASURES IMPLEMENTATION ACT, 2004

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

Balanced Budget and Ministerial Accountability Act

Section 5 of the Balanced Budget and Ministerial Accountability Act, S.B.C. 2001, c. 28, is amended by adding the following subsection:

(1.1) For the purposes of calculating the estimated and actual amounts of operating expenses under subsection (1) for the 2004/2005 fiscal year and each subsequent fiscal year, expenditures out of the BC Timber Sales Account are not to be taken into account.

Budget Transparency and Accountability Act

Section 1 (1) of the Budget Transparency and Accountability Act, S.B.C. 2000, c. 23, is amended

(

a) by repealing the definition of " government reporting

entity " and substituting the following:

"government reporting entity" means

(

a) the government as reported through the consolidated revenue fund,

(

b) government corporations other than those that are government corporations solely by reason of being under

an Act agents of the government, and

(

c) education and health sector organizations,

and includes

(

d) each of the corporations or organizations that, under generally accepted accounting principles, is considered to be controlled by a government organization, and

(

e) corporations and organizations that are included within the government reporting entity by regulation under

section 24 (2) (d) (

i) but does not include corporations and organizations that

are excluded from the government reporting entity by regulation under

section

24 (2) (d) (i); , and

(

b) by adding the following definition:

"education and health sector organization" means

(

a) the following as defined in

section 1 of the College and Institute Act :

(

i) a university;

(ii) an institution,

(

b) the following as defined in

section 1 of the School Act :

(

i) a board;

(ii) a francophone education authority,

(

c) a board as defined in

section 1 of the Health Authorities Act ,

(

d) a hospital as defined in

section 1 of the Hospital Act ,

and includes

(

e) a corporation or organization that, under generally accepted accounting principles, is considered to be controlled by an education and health sector organization, and

(

f) a corporation or organization that is included in this definition by regulation under

section 24 (2) (d) (ii),

but does not include a corporation or organization that

is excluded from this definition by regulation under

section 24 (2) (d) (ii);

Section 4 (3) is repealed and the following substituted:

(3) An employee of the government reporting entity, other than an employee of a university as defined in the College and Institute Act , is not eligible for appointment under subsection (2).

Section 4.1 is amended

(

a) in subsection (1) by striking out " implementation of generally

accepted accounting principles " and substituting " application

and implementation of generally accepted accounting principles " , and

(

b) in subsection (9) by striking out " March 31, 2004 "

and substituting " March 31, 2006 ".

Section 5 (2) (

c) and (

d) is repealed and the following substituted:

(

c) for the taxpayer-supported government reporting entity, for the fiscal year and for the preceding fiscal year, a forecast of staff utilization, except in relation to the staff of education and health sector organizations;

(

d) for government organizations in the taxpayer-supported

government reporting entity that are not education and health sector organizations,

the forecast of revenues and expenses for each of them whose revenues or expenses

are of a material amount in the fiscal year and the preceding fiscal year; .

Section 8 is amended by adding the following subsection:

(4) Despite subsections (1) to (3), this

section does not apply in respect of commitments that education and health sector organizations, directly or indirectly,

(

a) have made, or

(

b) anticipate making.

Section 9 (2) (c) (ii) is repealed and the following substituted:

(ii) a supplementary

schedule that includes staff utilization

for that fiscal year, except in relation to the staff of education and health

sector organizations; .

Section 10 (2) (

c) is repealed and the following substituted:

(

c) a supplementary

schedule that presents a forecast

of staff utilization of the taxpayer-supported government reporting entity for

the fiscal year to which the quarterly report applies, except in relation to

the staff of education and health sector organizations; .

Section 13 is amended in each of subsections (1) and (3) by adding

" other than an education and health sector organization " after

" government organization ".

10 The following

section is added:

Definition for

section 16

15.1 In

section 16, "government organization" means a government organization other than an education and health sector organization.

Section 24 is amended

(

a) by repealing subsection (2) (

d) and substituting the following:

(

d) on the recommendation of the minister after consultation with the Auditor General,

(

i) including within, or excluding from, the government reporting entity

(

A) specified corporations and organizations, or

(

B) classes of corporations and organizations, or

(ii) including in, or excluding from, the definition of "education and health sector organization" in

section 1 (1)

(

A) specified corporations and organizations, or

(

B) classes of corporations and organizations. ,

and

(

b) by adding the following subsection:

(2.1) If a regulation under subsection (2) (

d) conflicts or is inconsistent with the definition in

section 1 (1) of "government reporting entity" or of "education and health sector organization", the regulation prevails.

Build BC Act

Section 1 of the Build BC Act, R.S.B.C. 1996, c. 40, is amended by

repealing the definition of " special account ".

Section 5 (

b) and (

c) is repealed.

Part 3 is repealed.

Financial Administration Act

Section 23 (3) (

c) and (9) (

b) of the Financial Administration Act,

R.S.B.C. 1996, c. 138, is amended by striking out " on the approval of

the Treasury Board, " and substituting " unless otherwise directed

by the Treasury Board, ".

Part 7 is repealed.

Medical and Health Care Services Special Account Act

17 The Medical and Health Care Services Special Account Act, R.S.B.C. 1996, c. 284, is repealed.

Special Accounts Appropriation and Control Act

18 The Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended by adding the following section:

Provincial Home Acquisition Wind Up special account

9.1

(1) A special account to be known as the "Provincial Home Acquisition Wind Up special account" is established.

(2) The special account established under subsection (1) consists of an initial balance of $15 million.

(3) Despite

section 21 (3) of the Financial Administration Act , the Minister of Provincial Revenue may pay out of the special account established under subsection (1) funds for the purpose of

(

a) the administration of transactions and contracts entered into under the Home Conversion and Leasehold Loan Act , the Home Mortgage Assistance Program Act , the Home Purchase Assistance Act , the Homeowner Interest Assistance Act and the Provincial Home Acquisition Act before the repeal of those Acts and for other related payments, and

(

b) payments necessary or advisable for the wind up of the programs under those Acts.

(4) If the Minister of Provincial Revenue determines that a part of the balance of the special account established under subsection (1) is no longer necessary to carry out the purposes of the special account, the Minister of Provincial Revenue may reduce the balance in the special account by that part.

Transitional Provisions

Transitional – Budget Transparency and Accountability

Act

(1) The amendments made by sections 2 and 5 to 11 of this Act first apply for the purposes of the 2004/2005 fiscal year.

(2) Despite

section 13 of the Budget Transparency and Accountability Act , for the 2004/2005 fiscal year, a ministry service plan to which that

section applies need not include the statement referred to in

section 13 (4) (

f) of that Act or provide for the signature to the statement.

(3) For the 2004/2005 fiscal year, the statement referred to in

section 13 (4) (

f) of the Budget Transparency and Accountability Act must be made public in accordance with that Act by the responsible minister on or before May 15, 2004.

(4) Despite

section 6 (1) (

c) of the Balanced Budget and Ministerial Accountability Act , for the 2004/2005 fiscal year, the expected results referred to in

section 5 (3) of that Act

(

a) need not be made public with the main estimates for that fiscal year, and

(

b) must be made public, in accordance with the Budget Transparency and Accountability Act , on or before May 15, 2004.

(5) Despite

section 11 of the Budget Transparency and Accountability Act , the minister need not make public a report under

section 11 (1) of that Act on the impact of a change in the composition of the government reporting entity occurring only because of

(

a) the amendments made to

section 1 of the Budget Transparency and Accountability Act by

section 2 of this Act, or

(

b) the amendments made on February 17, 2004, by regulation under

section 24 of the Budget Transparency and Accountability Act , to the Government Reporting Entity Regulation, B.C. Reg. 134/2001.

Transitional – Home Conversion and Leasehold Loan

Act

20 Despite the repeal of the Home Conversion and Leasehold Loan Act , sections 1, 6 and 12 to 15 of that Act and sections 4, 5 and 11 of the Home Conversion and Leasehold Loan Regulation, B.C. Reg. 439/74, as those sections read the day before the coming into force of this section, continue to apply, as if that Act is not repealed, to a loan made and to a written agreement and a conversion or leasehold mortgage entered into under that Act before its repeal.

Transitional – Home Mortgage Assistance Program Act

21 Despite the repeal of the Home Mortgage Assistance Program Act , sections 1, 5 and 6 of that Act, the Administration Regulation, B.C. Reg. 159/89, and sections 1 and 7 to 9 of the Home Mortgage Assistance Program Regulation, B.C. Reg. 158/89, as those enactments read the day before the coming into force of this section, continue to apply, as if that Act is not repealed, to an agreement entered into and a guarantee given under that Act before its repeal.

Transitional – Home Purchase Assistance Act

22 Despite the repeal of the Home Purchase Assistance Act , sections 1, 10, 12 and 13 of that Act, as those sections read the day before the coming into force of this section, continue to apply, as if that Act is not repealed, to a loan made and a mortgage entered into under that Act before its repeal.

Transitional – Homeowner Interest Assistance Act

23 Despite the repeal of the Homeowner Interest Assistance Act ,

section 5 (6) to (9) and (11) of that Act, and sections 1, 22 (1), 22.1 and 23 and Schedules 1 to 8 of the British Columbia Home Program Regulation, B.C. Reg. 458/82, as those enactments read the day before the coming into force of this section, continue to apply, as if that Act is not repealed, to financial assistance provided under that Act and to an agreement entered into and a mortgage and security interest created under that Act before its repeal.

Transitional –

Interpretation Act

24 Sections 20 to 23 of this Act do not affect the application of

section 35 of the

Interpretation Act to the repeal of the enactments referred to in

section 25.

Repeals

25 The following are repealed on March 31, 2004:

(

a) Home Conversion and Leasehold Loan Act , R.S.B.C. 1996, c. 192;

(

b) Supplement to the Home Conversion and Leasehold Loan Act ;

(

c) Home Mortgage Assistance Program Act , R.S.B.C. 1996, c. 193;

(

d) Home Purchase Assistance Act , R.S.B.C. 1996, c. 195;

(

e) Supplement to the Home Purchase Assistance Act ;

(

e) Homeowner Interest Assistance Act , R.S.B.C. 1996, c. 196;

(

f) Supplement to the Homeowner Interest Assistance Act ;

(

f) Provincial Home Acquisition Act , S.B.C. 1967, c. 39.

Consequential Amendments

Manufactured Home Act

Section 15 (2) of the Manufactured Home Act, S.B.C. 2003, c. 75, is repealed and the following substituted:

(2) On application, in the form established by the registrar and in the manner set out in the regulations, of

(

a) a registered owner of a manufactured home,

(

b) a landlord, under an order of possession granted under

section 48 or 49 of the Manufactured Home Park Tenancy Act or in the exercise of a right conferred on the landlord under a regulation of that Act respecting disposal of abandoned personal property,

(

c) a secured party, or

(

d) any other person under an order of a court,

Local Government Act

Section 12 (5) of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed.

Commencement

(1) Sections 1 to 6, 8 to 11 and 19 come into force on February 17, 2004 and are retroactive to the extent necessary to give them effect on and after that date.

(2) Section 7 comes into force on April 1, 2005.

(3) Sections 12 to 14, 16 and 17 come into force on March 31, 2004.

(4) Sections 15, 18, 20 to 24 and 27 come into force on April 1, 2004.

(5) Section 26 comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Balanced Budget and Ministerial Accountability Act

SECTION 1: [Balanced Budget and Ministerial Accountability Act,

section

5] provides that, for the 2004/2005 fiscal year and each subsequent

fiscal year, expenditures out of the BC Timber Sales Account are not to be taken

into account in a calculation of operating expenses for the purposes of

section

5 (1) of the Act.

Budget Transparency and Accountability Act

SECTION 2: [Budget Transparency and Accountability Act,

section 1]

recasts the definition of a government reporting entity to broaden the

scope of the Act to include both educational and health sector organizations

and corporations and organizations that, under generally accepted accounting

principles, are considered to be controlled by government corporations;

adds a definition of an education and health sector organization, which,

under these amendments, becomes a government organization and part of the

government reporting entity.

SECTION 3: [Budget Transparency and Accountability Act,

section 4]

continues the eligibility of a university employee to be a member of the Economic

Forecast Council.

SECTION 4: [Budget Transparency and Accountability Act,

section 4.1]

expands the responsibilities of the accounting policy advisory committee

to include the function of advising Treasury Board as to the application of

generally accepted accounting principles for the government reporting entity;

changes, from March 31, 2004 to March 31, 2006, the sunset date for the

provision of the Act establishing the accounting policy advisory committee.

SECTION 5: [Budget Transparency and Accountability Act,

section 5]

provides that the government reporting entity's responsibilities as to the contents

of the main estimates do not include, in relation to education and health sector

organizations, providing the forecasts referred to in

section 5 (2) (

c) and

(d).

SECTION 6: [Budget Transparency and Accountability Act,

section 8]

provides that

section 8 dealing with major capital project information to be

presented with the estimates does not apply in respect of certain commitments,

as described, of education and health sector organizations.

SECTION 7: [Budget Transparency and Accountability Act,

section 9]

provides that

section 9 (2) (

c) respecting the inclusion in the public accounts,

of a supplementary

schedule that includes staff utilization is inapplicable

in relation to the staff of education and health sector organizations.

SECTION 8: [Budget Transparency and Accountability Act,

section 10]

provides that

section 10 (2) (

c) respecting the provision by the taxpayer-supported

government reporting entity of a forecast of staff utilization is inapplicable

in relation to the staff of education and health sector organizations.

SECTION 9: [Budget Transparency and Accountability Act,

section 13]

restricts the requirement to publicize annual service plans to each ministry

and to each government organization other than an education and health sector

organization.

SECTION 10: [Budget Transparency and Accountability Act,

section 15.1]

narrows the meaning of the expression "government organization", for the purposes

section 16 of the Act relating to annual service plan reports for ministries

and government organizations, so that

section 16 will not apply to education

and health sector organizations.

SECTION 11: [Budget Transparency and Accountability Act,

section 24]

changes the regulation enabling provisions of the Act

to refer additionally throughout to "classes of corporations and organizations",

as shown;

to make provision for adding or excluding specified corporations and organizations

or classes of them from the new definition, in

section 1 of the Act, of education

and health sector organizations;

to clarify the relationship between, on the one hand, the

definitions,

section 1 of the Act, of "government reporting entity" and "education and

health sector organization" and, on the other hand, of the regulations that

may include corporations or organizations in, or exclude them from, either

of those

definitions.

Build BC Act

SECTIONS 12 TO 14: [Build BC Act, sections 1 and 5 and

Part 3]

eliminates the Build BC Special Account.

Financial Administration Act

SECTION 15: [Financial Administration Act,

section 23] amends

the vote recovery provisions to allow ministries to spend excess credits, recoveries

and receipts, without seeking approval from Treasury Board unless otherwise

directed.

SECTION 16: [Financial Administration Act,

Part 7] eliminates

the Provincial Treasury Revenue special account.

Medical and Health Care Services Special Account Act

SECTION 17: [Medical and Health Care Services Special Account Act, repeals

the Act] eliminates the Medical and Health Care Services Special Account.

Special Accounts Appropriation and Control Act

SECTION 18: [Special Accounts Appropriation and Control Act,

section

9.1] establishes the Provincial Home Acquisition Wind Up special account

with an initial balance of $15 million, for the purpose of making expenditures

for the winding up of the loan and financial assistance programs under the Home

Conversion and Leasehold Loan Act , the Home Mortgage Assistance Program

Act , the Home Purchase Assistance Act , the Homeowner Interest

Assistance Act and the Provincial Home Acquisition Act , which are

being repealed.

SECTION 19: [Transitional – Budget Transparency and Accountability Act]

provides for transition.

SECTIONS 20 TO 23: [Transitional – Home Conversion and Leasehold Loan

Act, Home Mortgage Assistance Program Act, Home Purchase Assistance Act, Homeowner

Interest Assistance Act, Provincial Home Acquisition Act] retains certain

provisions in some of the Acts being repealed and some of the regulations under

those Acts, as there is continuing administration and collection with respect

to prior loans and financial assistance provided under these Acts.

SECTION 24: [Transitional –

Interpretation Act] clarifies that

sections 20 to 23 of this Bill do not affect the application of

section 35 of

the

Interpretation Act .

SECTION 25: [Home Conversion and Leasehold Loan Act, Home Mortgage Assistance

Program Act, Home Purchase Assistance Act, Homeowner Interest Assistance Act,

Provincial Home Acquisition Act, repeals Acts and Supplements] repeals

5 Acts and 3 Supplements, as none of the programs under these Acts is operating

except with respect to prior loans and financial assistance provided.

Manufactured Home Act

SECTION 26: [Manufactured Home Act,

section 15] is consequential

to the repeal of the Home Purchase Assistance Act and the Home Mortgage

Assistance Program Act .

Local Government Act

SECTION 27: [Local Government Act,

section 12] is consequential

to the repeal of the Home Purchase Assistance Act .

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