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2011/2012 Legislative Session: 4th Session, 39th 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 16th day of May, 2012

Craig James, Clerk of the House

HONOURABLE SHIRLEY BOND

MINISTER OF JUSTICE AND ATTORNEY GENERAL

BILL 41 — 2012

MISCELLANEOUS STATUTES

AMENDMENT ACT (No. 2), 2012

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia,

enacts as follows:

Part 1 — Advanced Education Amendments

Engineers and Geoscientists Act

Section 2 (6) and (7) of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is amended by striking out " Nothing

in this Act " and substituting " Subject to the bylaws made under

section 10 (1) (b.2), nothing in this Act or

the bylaws ".

Section 6 is amended

(

a) in subsection (1) by adding " and holders of limited licences, " after " the members of the

association ", and

(

b) by repealing subsection (4) and substituting the following:

(4) One or more vice presidents, one of whom must be designated by the council to have all the powers and rights of the president during the

president’s absence, must be elected annually by the members of the association and holders of limited licences.

Section 9 is amended

(

a) in subsections (3) (

b) and (6) by adding " and holders of limited licences " after " members " wherever it appears,

(

b) in subsection (6) (

b) by adding " or holder of a limited licence " after " member ",

and

(

c) in subsection (8) (

a) by adding " or holder of a limited licence " after " member of the

association ".

Section 10 is amended

(

a) in subsection (1) by adding the following paragraphs:

(b.1) without limiting paragraph (b), the practice and procedure for proceedings before the discipline, practice review or conduct review

committee;

(b.2) the direct supervision of former members and licensees by members;

(d.1) the establishment by the council of a conduct review program for members, licensees and certificate holders, including the creation of a

conduct review committee to perform conduct reviews as directed by the council, as recommended by the investigation committee or

subcommittee or as referred by the registrar;

(i.1) the establishment of standards of practice or a code of conduct for members and licensees;

(n.1) the establishment of requirements and procedures for the reinstatement of former members, licensees and certificate holders, including,

without limitation, the imposition of conditions on reinstatement and direct supervision of former members, licensees and certificate

holders; ,

(

b) in subsection (1) (

d) by adding " , as recommended by the investigation committee or subcommittee or as referred by

the registrar " after " as directed by the council ", and

(

c) by adding the following subsection:

(1.2) The council may make bylaws under subsection (1) establishing standards of practice, a code of conduct or a quality management program

that have been developed in concert with the governing body of another profession.

Section 12 is amended

(

a) in subsection (2) by adding " or holder of a limited licence " after " member of the

association ",

(

b) in subsection (4) by adding " or holders of limited licences " after " members of the

association ", and

(

c) by repealing subsections (6) and (7) and substituting the following:

(6) Twenty-one days’ written notice of the time and place of any meeting of the association must be sent by prepaid post to every member of

the association in good standing and to every holder of a limited licence in good standing at the member’s or holder’s, as the case may be,

last recorded address.

(7) The council may, and on written request of 25 members of the association or holders of limited licences must, take a vote of the members

of the association and the holders of limited licences by ballot in the manner determined by the council on any matter that, under this Act,

can be voted on at a general meeting of the association.

Section 13 is amended by adding the following subsection:

(8) The council may, in writing, delegate some or all of its powers and duties under this

section to the registrar, on the terms or conditions

the council considers advisable.

7 The following sections are added:

Interprovincial agreements to practice

14.1

(1) In this section, "governing body" means the governing body of professional engineering or professional

geoscience in another province of Canada.

(2) Despite

section 13, the council may enter into an agreement with a governing body to permit an engineer or a geoscientist who is

qualified in the province of the governing body to practise professional engineering or professional geoscience, as the case may be, in

British Columbia.

(3) In permitting a professional engineer or professional geoscientist to practise in British Columbia in accordance with an agreement

under subsection (2), the council may

(

a) attach conditions or limitations to the permission,

(

b) impose a fee, and

(

c) require the payment of a fine imposed by a governing body.

Interjurisdictional agreements to practice

14.2

(1) In this section, "governing body" means the governing body of professional engineering or professional

geoscience, or a profession considered by the council to be equivalent to one or both of those, in a jurisdiction that is

outside of Canada.

(2) Despite

section 13, the council may enter into an agreement with a governing body to permit an engineer or a geoscientist who is

qualified in that jurisdiction to practise professional engineering or professional geoscience, as the case may be, in British

Columbia.

(3) An agreement referred to in subsection (2) may specify qualifications that are considered by the council to be equivalent to those

required under this Act for admission to membership or the granting of a licence under

section 13 and that, if met by the engineer or

geoscientist, as the case may be, from the other jurisdiction, satisfy the requirements under

section 13 for admission to membership or

the granting of a licence.

Section 29 (1) and (2) is repealed and the following substituted:

(1) If the association receives a complaint against a member, licensee or certificate holder, the registrar must

(

a) designate a member to review the complaint,

(

b) refer the complaint to the practice review or conduct review committee established under the bylaws to review the complaint, or

(

c) close the complaint file and give written reasons for the closure to the complainant and the member, licensee or certificate holder

against whom the complaint was made.

(2) If after the review the member designated under subsection (1) or the practice review or conduct review committee to which a

complaint is referred under subsection (1) considers that further investigation is warranted, the member or the committee, as the case may

be, must submit a report to the investigation committee recommending further investigation and stating the reasons for the

recommendation.

Section 30 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) The investigation committee or a subcommittee composed of one or more of its members appointed by the investigation committee may, on

receipt of a report under

section 29 or subsection (7.1) of this

section or whenever it considers it appropriate, investigate a member,

licensee or certificate holder. ,

(

b) in subsection (4) by striking out " and " at the end of paragraph (a), by adding " , and " at the end of paragraph (

b) and by adding the following paragraph:

(

c) appear, on request, before the committee or subcommittee. , and

(

c) by repealing subsections (7) and (8) and substituting the following:

(7) The investigation committee or subcommittee may

(

a) make recommendations to the member, licensee or certificate holder that was investigated

(

i) following an investigation under subsection (3), or

(ii) on receipt of a report under subsection (6), or

(

b) refer the matter for review to the practice review or conduct review committee established under the bylaws recommending a practice review

or conduct review and stating the reasons for the recommendation.

(7.1) On conclusion of a review, the practice review or conduct review committee may, as it considers appropriate,

(

a) make recommendations to the member, licensee or certificate holder that was the subject of the review, and

(

b) prepare a report of its findings and recommendations for the registrar, investigation committee or subcommittee, as the case may

be.

(8) The investigation committee or subcommittee may inform the complainant, if any, of the recommendations made under subsection (7) (

a) or

(7.1) (a).

10 The following

section is added:

Disciplinary action in other jurisdiction

33.1

(1) A member or licensee must inform the council of disciplinary action taken against the member or licensee by a body that governs the

practice of professional engineering or professional geoscience in another province of Canada or another jurisdiction outside

Canada.

(2) The council may, after becoming aware of disciplinary action against a member or licensee by a body that governs the practice of

professional engineering or professional geoscience in another province of Canada, refer the matter to the discipline committee.

(3) After providing an opportunity to be heard to a member or licensee referred to in subsection (2), the discipline committee may,

without causing an inquiry to be held, make one or more of the orders in

section 33 (2) that it considers equivalent to the order made

in the other province.

(4) If the discipline committee makes an order under subsection (3),

section 33 (3) and (4) applies.

Section 41 is repealed and the following substituted:

Personal liability protection

(1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the members of the council,

an employee or officer of the association, a member of the association or an individual acting on behalf of the association or under the

direction of the council because of anything done or omitted

(

a) in the performance or intended performance of any duty under this Act, or

(

b) in the exercise or intended exercise of any power under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad

faith.

(3) Subsection (1) does not absolve the association from vicarious liability arising out of anything done or omitted by a person referred

to in that subsection for which the association would be vicariously liable if this

section were not in force.

12 The following

section is added:

Conduct review committee

44.1 If a conduct review committee is created under

section 10 (1) (d.1), a member, licensee or certificate holder

(

a) must, on request, provide the conduct review committee with any relevant information, record, document or thing, and

(

b) may not refuse to comply with a request under paragraph (

a) on the grounds of confidentiality.

Part 2 — Community, Sport and Cultural

Development Amendments

Greater Vancouver Sewerage and Drainage District Act

13 The Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by adding the following section:

Membership of Tsawwassen First Nation

66.1

(1) Despite this Act, the membership of Tsawwassen First Nation in the Corporation and the attainment of the Corporation’s objects in and

(

a) as may be mutually agreed between the Board, on the recommendation of the Commissioner, and Tsawwassen First Nation, or

(

b) if the Board and Tsawwassen First Nation cannot reach agreement under paragraph (a), as may be ordered by the Lieutenant Governor in

Council under subsection (2).

(2) If the Board and Tsawwassen First Nation fail to reach agreement under subsection (1) (a), the Lieutenant Governor in Council has

(3) An agreement under subsection (1) (

a) or an order under subsection (2) becomes effective to add Tsawwassen First Nation as a member of

the Corporation on the date that both of the following have occurred:

(

a) Tsawwassen First Nation has, by law, confirmed the agreement or order;

(

b) a regulation under subsection (6) is in effect.

(4) On becoming effective under subsection (3), an order under subsection (2) is final and binding on the Corporation and Tsawwassen First

Nation.

(5) If an agreement under subsection (1) (

a) or an order under subsection (2) becomes effective in accordance with subsection (3),

(

a) the Corporation must exercise its powers and duties for the attainment of the Corporation’s objects in and for the treaty lands of

(

b) the treaty lands of Tsawwassen First Nation are included in the area of the Corporation.

(6) The Lieutenant Governor in Council may make regulations as required to give effect to an agreement under subsection (1) (

a) or an

order under subsection (2), as the case may be, including, without limitation,

(

a) specifying the provisions of

(

i) this Act,

(ii) another enactment under which the Board is empowered to make bylaws, and

(iii) the bylaws, whether authorized by this or another enactment,

that apply to or in relation to Tsawwassen First Nation as a member of the Corporation, or

(

b) modifying provisions of this Act or another enactment referred to in paragraph (

a) as necessary to give effect to the agreement or

order.

Local Government Act

Section 11 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

(

a) by repealing subsection (2.1) and substituting the following:

(2.1) Despite

section 8, in the case of an area that is not a mountain resort improvement district, the minister may recommend to the Lieutenant

Governor in Council incorporation of a new mountain resort municipality for the area, whether or not there are residents in the area at the

time of the recommendation, if the minister is satisfied that a person has entered into an agreement with the government with respect to

developing alpine ski lift operations, year-round recreational facilities and commercial overnight accommodation within the area. ,

(

b) in subsection (3) by striking out " subsection (1), (2) or (2.1), " and substituting " subsection (1) or (2), ",

(

c) by adding the following subsections:

(3.01) On the recommendation of the minister under subsection (2.1), and whether or not there are residents in the area at the time of

incorporation, the Lieutenant Governor in Council may, by letters patent, incorporate a new mountain resort municipality for the area,

consisting of the members of the municipal council and the residents of the area, if any.

(3.02) For certainty, and unless the letters patent for a mountain resort municipality incorporated under subsection (3.01) provide

otherwise,

(

a) a mountain resort municipality incorporated under subsection (3.01) is a municipality and any provision of this Act or regulation under

this Act or any other Act or regulation that applies to municipalities applies to the mountain resort municipality, and

(

b) the council of a mountain resort municipality incorporated under subsection (3.01) is a council and any provision of this Act or

regulation under this Act or any other Act or regulation that applies to municipal councils applies to the council of the mountain resort

municipality. ,

(

d) in subsection (3.1) by striking out " subsection (3) " and substituting " subsection

(3.01) ",

(

e) in subsection (3.1) (

d) by adding " and appoint or provide for the appointment of a mayor from among the appointed

members of the municipal council " after " of the municipality ",

(

f) in subsection (3.1) by adding the following paragraph:

(

e) despite

section 36, provide that the minister may set the general voting day for the first election of members to the municipal council

for any date the minister considers appropriate, including a date that is 3 or more years after the incorporation of the mountain resort

municipality. , and

(

g) in subsection (3.2) by striking out " subsection (3) " and substituting " subsection

(3.01) ".

Part 3 — Energy and Mines Amendments

Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act

Section 1 of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, S.B.C. 2008, c. 16, is amended

(

a) by adding the following

definitions:

"class" , in relation to fuel, means diesel class fuel or gasoline class fuel;

"credit" , in relation to a particular diesel class fuel or a particular gasoline class fuel, as applicable, for a period, means a positive

difference, in tonnes of carbon dioxide equivalent emissions, between

(

a) the number of tonnes of carbon dioxide equivalent emissions that a

Part 3 fuel supplier could have had attributable to the quantity of

the particular fuel it supplied in the period without exceeding the prescribed carbon intensity limit for the applicable class of fuel

for the compliance period of which that period forms all or part, and

(

b) the number of tonnes of carbon dioxide equivalent emissions attributable to the quantity of that particular

Part 3 fuel that the

Part

3 fuel supplier supplied in the period,

and includes a credit issued under a

Part 3 agreement;

"debit" , in relation to a particular diesel class fuel or a particular gasoline class fuel, as applicable, for a period, means a negative

difference, in tonnes of carbon dioxide equivalent emissions, between

(

a) the number of tonnes of carbon dioxide equivalent emissions that a

Part 3 fuel supplier could have had attributable to the quantity of

the particular fuel it supplied in the period without exceeding the prescribed carbon intensity limit for the applicable class of fuel

for the compliance period of which that period forms all or part, and

(

b) the number of tonnes of carbon dioxide equivalent emissions attributable to the quantity of that particular

Part 3 fuel that the

Part

3 fuel supplier supplied in the period;

"Part 3 agreement" means an agreement under

section 8.01 [Part 3 agreements] ;

"petroleum-based gasoline" does not include the following:

(

a) renewable fuel in relation to gasoline class fuel;

(

b) for the purposes of

Part 3, natural gas, propane, electricity, hydrogen or an energy source prescribed for the purposes of paragraph

(b) (ii) of the definition of “gasoline class fuel”; ,

(

b) in the definition of "component" by striking out " a component of greenhouse gas emissions attributable to

the fuel " and substituting " a component of greenhouse gas emissions attributable to a stage in the life

cycle of the fuel ",

(

c) by repealing the

definitions of "diesel class fuel" , "diesel fuel" , "gasoline class fuel" and "Part

3 fuel" and substituting the following:

"diesel class fuel" means,

(

a) for the purposes of

Part 2, fuel that is

(

i) composed of

(

A) petroleum-based diesel fuel, or petroleum-based diesel fuel in combination with renewable fuel in relation to diesel class fuel,

(

B) renewable fuel in relation to diesel class fuel, and

(ii) suitable for use

(

A) by an engine in which internal combustion is initiated by compression, or

(

B) in a furnace or boiler to produce heat, and

(

b) for the purposes of

Part 3, fuel that is

(

i) described in paragraph (a) (

i) and suitable for use by an engine in which internal combustion is initiated by compression, or

(ii) natural gas, propane, electricity, hydrogen or a prescribed energy source, if the

Part 3 fuel supplier reasonably believes the natural

gas, propane, electricity, hydrogen or prescribed energy source will be used in substitution for diesel fuel;

"gasoline class fuel" means,

(

a) for the purposes of

Part 2, fuel that is

(

i) composed of petroleum-based gasoline, or petroleum-based gasoline in combination with renewable fuel in relation to gasoline class

fuel, and suitable for use in a spark ignition engine,

(ii) composed of a petroleum-based substance that is not suitable for use in a spark ignition engine until combined with an oxygenate, or

such a substance in combination with an oxygenate, or

(iii) renewable fuel in relation to gasoline class fuel, and

(

b) for the purposes of

Part 3, fuel that is

(

i) described in paragraph (a), or

(ii) natural gas, propane, electricity, hydrogen or a prescribed energy source, if the

Part 3 fuel supplier reasonably believes the natural

gas, propane, electricity, hydrogen or prescribed energy source will be used in substitution for gasoline;

"Part 3 fuel" means

(

a) gasoline class fuel, or

(

b) diesel class fuel,

but does not include an energy source excluded by regulation;

"petroleum-based diesel fuel" does not include the following:

(

a) renewable fuel in relation to diesel class fuel;

(

b) for the purposes of

Part 3, natural gas, propane, electricity, hydrogen or an energy source prescribed for the purposes of paragraph

(b) (ii) of the definition of “diesel class fuel”; ,

(

d) in the definition of "Part 2 fuel" by adding " or " at the end of paragraph (

a) and by repealing

paragraphs (

c) and (d),

(

e) in paragraph (

c) of the definition of "Part 2 fuel supplier" by striking out " accepted as a

Part 2 fuel

supplier " and substituting " designated as a

Part 2 fuel supplier ", and

(

f) in the definition of "Part 3 fuel supplier" by striking out " or " at the end of paragraph (a), by

adding " , or " at the end of paragraph (

b) and by adding the following paragraph:

(

c) a person who is designated as a

Part 3 fuel supplier under

section 7.1; .

Section 2 (1) and (2) is amended by striking out " A

Part 2 fuel supplier " and substituting " Subject to this Act and the regulations, a

Part 2 fuel supplier ".

Section 4 is repealed and the following substituted:

Application to become

Part 2 fuel supplier

(1) A person who is not a

Part 2 fuel supplier may apply to the director, in accordance with the regulations, to be designated as a

Part 2

fuel supplier.

(2) The director may designate as a

Part 2 fuel supplier, for one or more compliance periods set out in the designation, a person who

applies under subsection (1).

(3) A designation under subsection (2) must be in writing.

(4) If the director designates a person under subsection (2), the person is deemed to be a

Part 2 fuel supplier for each compliance period

set out in the designation but only in respect of

Part 2 fuel that the person supplies or uses in the applicable compliance period under

an agreement with a

Part 2 fuel supplier, which agreement provides that

(

a) the transferee of the

Part 2 fuel will include the

Part 2 fuel in its calculations for the purposes of

section 2 for the applicable

compliance period, and

(

b) the transferor of the

Part 2 fuel will not include the

Part 2 fuel in its calculations for the purposes of

section 2 for the same

compliance period.

(5) A

Part 2 fuel supplier that transfers fuel under an agreement described in subsection (4) to a person designated under subsection

(2) must not include the

Part 2 fuel that is subject to the agreement in its calculations for the purposes of

section 2 for the applicable

compliance period.

(6) The sale or use of

Part 2 fuel, described in subsection (4), by a person designated under subsection (2) is deemed to be the first

sale of that fuel after it is manufactured or brought into British Columbia.

Section 6 is repealed and the following substituted:

Low carbon fuel requirement

(1) A

Part 3 fuel supplier must ensure that the sum of the credits it generates or acquires, and applies against debits for a compliance

period, is equal to or greater than the number of debits the

Part 3 fuel supplier is required to set off against credits for that

compliance period.

(2) A

Part 3 fuel supplier must set off against credits for a compliance period all debits that the

Part 3 fuel supplier

(

a) calculates under subsection (4) in respect of

Part 3 fuel it supplies in the compliance period, or

(

b) acquires under

section 8 [transferring credits and debits] in that compliance period

and has not transferred under

section 8.

(3) Subsections (1) and (2) do not apply in relation to

Part 3 fuel that the

Part 3 fuel supplier expects, on reasonable grounds, will be

used for a purpose other than

(

a) transport, or

(

b) if applicable, another prescribed purpose.

(4) A

Part 3 fuel supplier must calculate, using the following formula, the credits it generated or debits it incurred for each

Part 3

fuel it supplied in the compliance period:

Credit or Debit = (CI class × EER fuel – CI fuel) × EC fuel/1 000 000

where

Credit or Debit

the number of credits generated, if the number is positive, or the number of debits incurred, if the number is

negative, for the compliance period;

CI Class

the prescribed carbon intensity limit for the compliance period for the class of fuel of which the fuel is a

part;

EER fuel

the prescribed energy effectiveness ratio for that fuel in that class of fuel;

CI fuel

the carbon intensity of the fuel;

EC fuel

the energy content of the fuel calculated in accordance with the regulations.

(5) For the purposes of subsection (3), the carbon intensity of each

Part 3 fuel for a compliance period is,

(

a) for petroleum-based gasoline, the prescribed carbon intensity,

(

b) for petroleum-based diesel fuel, the prescribed carbon intensity,

(

c) for a

Part 3 fuel, other than petroleum-based gasoline or petroleum-based diesel fuel, produced by a specific producer, if the

director has approved under subsection (6) the carbon intensity proposed for the fuel by the producer and published that carbon

intensity on a publicly accessible website maintained by the ministry of the minister, the carbon intensity posted, except as limited

under subsection (10), and

(

d) for any other fuel,

(

i) the default carbon intensity deemed by the regulations to be the carbon intensity of the

Part 3 fuel, or

(ii) the carbon intensity that results from summing the carbon intensities of the components in respect of the fuel, calculated

(

A) in accordance with the regulations, or

(

B) by using an alternative method of determining the carbon intensity of a component, which method is proposed in accordance with the

regulations by a

Part 3 fuel supplier and accepted by the director as a more accurate method of determining the carbon intensity of that

component.

(6) For the purposes of subsection (5) (c), the director may

(

a) accept from a producer of a

Part 3 fuel, other than petroleum-based gasoline or petroleum-based diesel fuel, evidence, satisfactory to

and in the form specified by the director, of the carbon intensity of a

Part 3 fuel produced by that producer, and

(

b) if satisfied that the carbon intensity proposed by the producer accurately reflects the carbon intensity of the fuel, approve that

carbon intensity for that fuel and publish that carbon intensity as described in subsection (5) (c).

(7) A decision of the director refusing to

(

a) approve a carbon intensity that is proposed by a producer for the purposes of subsection (5) (c), or

(

b) accept an alternative method of determining carbon intensity that is proposed by a

Part 3 fuel supplier for the purposes of

subsection (5) (d) (ii) (

B) must be served on the producer or

Part 3 fuel supplier, as applicable.

(8) A producer referred to in subsection (6) need not be a

Part 3 fuel supplier.

(9) If a producer whose proposed carbon intensity for a fuel has been approved by the director becomes aware that that carbon intensity

will change or has changed, the producer must immediately give written notice to the director.

(10) If, after publishing a carbon intensity under subsection (5) (c), the director is reasonably satisfied that the published carbon

intensity is different from the actual carbon intensity of the fuel, the director may limit the application of the published carbon

intensity by publishing on the website the date on and after which that carbon intensity may not be applied except in respect of fuel

supplied before that date.

Section 7 (1) (

a) is amended by striking out "

section 6 " and substituting "

section 6 (1) ".

20 The following

section is added:

Application to become

Part 3 fuel supplier

7.1

(1) A person who is not a

Part 3 fuel supplier may apply to the director, in accordance with the regulations, to be designated as a

Part 3

fuel supplier.

(2) The director may designate as a

Part 3 fuel supplier, for one or more compliance periods set out in the designation, a person who

applies under subsection (1).

(3) A designation under subsection (2) must be in writing.

(4) If the director designates a person under subsection (2), the person is deemed to be a

Part 3 fuel supplier for each compliance period

set out in the designation but only in respect of

Part 3 fuel that the person supplies or uses in the applicable compliance period under

an agreement with a

Part 3 fuel supplier, which agreement provides that

(

a) the transferee of the

Part 3 fuel will include the

Part 3 fuel in its calculations for the purposes of

section 6 for the applicable

compliance period, and

(

b) the transferor of the

Part 3 fuel will not include the

Part 3 fuel in its calculations for the purposes of

section 6 for the same

compliance period.

(5) A

Part 3 fuel supplier who transfers fuel under an agreement described in subsection (4) to a person designated under subsection

(2) must not include the

Part 3 fuel that is subject to the agreement in its calculations for the purposes of

section 6 for the applicable

compliance period.

(6) The sale or use of

Part 3 fuel, described in subsection (4), by a person designated under subsection (2) is deemed to be the first

sale of that fuel after it is manufactured or brought into British Columbia.

Part 3 is amended by repealing

section 8 and substituting the following:

Transferring credits and debits

(1) In this section, "validated credit" means a credit

(

a) validated by the director under subsection (5), or

(

b) issued by the director under a

Part 3 agreement.

(2) Subject to the regulations, a

Part 3 fuel supplier may transfer to another

Part 3 fuel supplier

(

a) some or all of its validated credits for a compliance period or for a 3 month period of a compliance period, or

(

b) some or all of the debits it incurs for a compliance period.

(3) A

Part 3 fuel supplier that acquires credits or debits under subsection (2) or paragraph (

c) of this subsection may

(

a) apply the credits against its debits for any compliance period or, if the regulations restrict the application of credits generated in

a compliance period to prescribed compliance periods, apply the credits against its debits for a compliance period prescribed for that

purpose,

(

b) set off the debits against its credits for the compliance period in which the debits were incurred by a

Part 3 fuel supplier,

(

c) transfer some or all of the credits or debits to another

Part 3 fuel supplier.

(4) Before transferring a credit under subsection (2) (a), the

Part 3 fuel supplier must apply to the director, in accordance with the

regulations, for validation of the credit.

(5) On application under subsection (4), the director may validate a credit if satisfied that the applicant has generated the credit in

the applicable period.

(6) A validated credit is conclusively deemed to be valid for the purposes of the transferee’s calculation under

section 6 [low

carbon fuel requirement] for the compliance period in which the transferee is applying the validated credit against its

debits.

(7) A

Part 3 fuel supplier may apply for validation of credits after each 3 month period of a compliance period in respect of some or all

of the

Part 3 fuel that the

Part 3 fuel supplier supplied in the 3 month period or in an earlier 3 month period of the compliance period

in respect of which the

Part 3 fuel supplier has not applied for validation of credits.

(8) If a

Part 3 fuel supplier does not apply, before the date the compliance report for a compliance period is due, for validation of

credits generated in the compliance period, the director must give notice to the

Part 3 fuel supplier, after the compliance report has

been received by the director, of any credits the director validates in respect of the compliance period.

(9) A transfer of credits under this

section must be

(

a) made in accordance with the regulations, and

(

b) recorded in the reports under

section 7 [Part 3 compliance reports] of both the

Part 3 fuel suppliers.

(10) Part 3 fuel suppliers must maintain, in accordance with the regulations, records of evidence, satisfactory to the director, of any

transfers made or accepted under this section.

Part 3 agreements

8.01

(1) Subject to the regulations, the director may enter into an agreement under this

section with a

Part 3 fuel supplier.

(2) The director may not enter into an agreement under this

section unless the director is satisfied that the action a

Part 3 fuel

supplier proposes to take under the agreement has a reasonable possibility of reducing the amount of carbon dioxide equivalent emissions

resulting from the use of

Part 3 fuels.

(3) The director may enter into an agreement under subsection (1)

(

a) on request of a

Part 3 fuel supplier, or

(

b) after advertising to and inviting proposals from all

Part 3 fuel suppliers.

(

a) a description of the action that the

Part 3 fuel supplier agrees to take under the agreement,

(

b) the dates by which the action, or a stage of the action, will be completed,

(

c) the number of credits that the

Part 3 fuel supplier may be issued in respect of the action or stage of the action, and the compliance

period or periods in which the credits are expected to be issued,

(

d) the evidence that must be provided to the director to demonstrate compliance with the agreement,

(

f) any other terms or conditions the director considers advisable.

(5) The director may agree to issue credits under a

Part 3 agreement for an action in respect of which the

Part 3 fuel supplier also

generates, or is likely to generate, credits under

section 6 (4) [low carbon fuel requirement] for the same or a different

compliance period.

(6) If the director is satisfied by evidence provided under subsection (4) (

d) that the

Part 3 fuel supplier has completed the action, or

a stage of the action, that, under the agreement, entitles the

Part 3 fuel supplier to a credit, the director must issue the

credit.

(7) A credit issued under subsection (6) may be

(

a) applied against the

Part 3 fuel supplier’s debits for any compliance period or, if the regulations restrict the application of credits

generated in a compliance period to prescribed compliance periods, against the

Part 3 fuel supplier’s debits for a compliance period

prescribed for that purpose, or

(

b) transferred under

section 8 [transferring credits and debits] .

(8) A credit issued under subsection (6) is conclusively deemed to be a validated credit for the purposes of

section 8.

(9) The director must not agree to issue under

Part 3 agreements entered into in a compliance period more than 25% of the sum of all the

debits that resulted from the calculation under

section 6 (4) by all

Part 3 fuel suppliers for the previous compliance period.

Section 10 (1) and (1.1) is repealed and the following substituted:

(1) If a report under

section 7 [Part 3 compliance reports] indicates that the number of debits a

Part 3 fuel supplier is required

to set off against credits for the compliance period is greater than the number of credits the

Part 3 fuel supplier applies against those

debits for that compliance period, the

Part 3 fuel supplier is subject to an administrative penalty calculated using the following

formula:

Administrative Penalty = (Debits – Credits) × Penalty Rate

where

Debits

the number of debits that the

Part 3 fuel supplier must, under

section 6 (2), set off against credits for the compliance

period;

Credits

the number of credits that the

Part 3 fuel supplier is applying against debits for the purposes of

section 6 (1) for the

compliance period;

Penalty Rate

the penalty rate prescribed by regulation.

Section 11 (3) is amended

(

a) by repealing paragraph (a) (

i) and substituting the following:

(

i) the actual number of credits or debits for a compliance period was different than the number reported under

section 7 [Part 3

compliance reports] by a

Part 3 fuel supplier, and , and

(

b) in paragraphs (a) (ii) and (b) (ii) by striking out "

section 6 " and substituting "

section 6 (1) ".

Section 14 (1) (

c) is amended by striking out "

section 6 (3) (b) (iii) " and substituting "

section 6 (5) (d) (ii) (B) ".

Section 22 (3) (

c) is repealed and the following substituted:

(

c) in relation to

Part 3,

(

i) the determination of credits or debits in relation to all

Part 3 fuels supplied in a compliance period by a

Part 3 fuel supplier,

and

(ii) transfers of credits and debits and their application under

section 8 [transferring credits and debits] ; .

Section 24 (2) is amended by adding the following paragraph:

(c.1) respecting applications or proposals authorized or required under this Act; .

Section 25 is amended

(

a) by repealing subsection (1) (

a) and (n),

(

b) in subsection (1) (

b) by striking out " one or more of the classes of

Part 2 fuels, "and substituting " one or both classes of

Part 2 fuel, ",

(

c) in subsection (1) (

o) by striking out " one or more prescribed classes of

Part 2 fuel " and substituting

" one or both classes of

Part 2 fuel ",

(

d) in subsection (1) (o) (ii) by striking out " prescribed class or classes, " and substituting " class or classes, ", and

(

e) in subsection (2) (

a) and (

b) by striking out " prescribed class or classes of

Part 2 fuel " and substituting

" class or classes, as applicable, of

Part 2 fuel ".

Section 26 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

a) prescribing an energy source, or prescribing an energy source that has a carbon intensity below a prescribed level, including an energy

source that is not a fuel, to be a gasoline class fuel or a diesel class fuel; ,

(

b) in subsection (1) (a.1) by striking out " a

Part 3 fuel, " and substituting " a gasoline

class fuel or a diesel class fuel, ",

(

c) by repealing subsection (1) (

f) and substituting the following:

(

f) respecting the calculation under

section 6 (4) [low carbon fuel requirement] , including, without limitation, prescribing the

following:

(

i) the carbon intensity limit for gasoline class fuel and diesel class fuel for a compliance period;

(ii) carbon intensities of fuels or methods for calculating the carbon intensities of fuels;

(iii) the energy effectiveness ratio for each fuel in each class of fuel;

(iv) a method for calculating the energy content of each fuel; ,

(

d) in subsection (1) (

m) by striking out " respecting determinations of carbon intensity and weighted average carbon

intensity under

section 6 " and substituting " respecting determinations of carbon intensity for the purposes

section 6 ",

(

e) by repealing subsection (1) (

n) and (

o) and substituting the following:

(

n) respecting the transfer, retention and validation of credits, and the transfer of debits, and their application under

section 8 [transferring credits and debits] ; ,

(

f) in subsection (1) (

q) by striking out " one or more prescribed classes of

Part 3 fuel " and substituting

" one or both classes of

Part 3 fuel ",

(

g) in subsection (1) (q) (ii) by striking out " prescribed class or classes " and substituting " class or classes ",

(

h) in subsection (1) by adding the following paragraph:

(

r) respecting

Part 3 agreements. , and

(

i) in subsection (2) (

a) and (

b) by striking out " prescribed class or classes of

Part 3 fuel " and substituting

" class or classes, as applicable, of

Part 3 fuel ".

Section 29.1 is repealed.

Liquor Control and Licensing Act

Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended

(

a) by adding the following

definitions:

"caterer" means either of the following:

(

a) a person who holds a catering licence;

(

b) a licensee whose licence contains a catering endorsement;

"catering endorsement" means an endorsement added to a licence under

section 88;

"catering licence" means a licence issued under this Act that is prescribed to be a catering licence;

"residential event" means an event that is prescribed to be a residential event;

"site" , in relation to a catered event, means,

(

a) subject to paragraph (b), the place or premises identified in the application submitted under

section 89 for a catering authorization

in relation to the event, or

(

b) if the catering authorization, if any, issued in relation to the event, describes a site different than that referred to in paragraph

(a), the place or premises described in the catering authorization; , and

(

b) by repealing the definition of "club" .

Section 13 is amended by adding the following subsection:

(5) A person who is a caterer or an employee of a caterer must not supervise the sale or service of liquor at a catered event or residential

event or sell or serve liquor at the event unless the person has successfully completed a prescribed training program.

Section 16 (5) (

c) is repealed and the following substituted:

(

c) a corporation to which one of the following applies:

(

i) the corporation does not hold, and is not applying to obtain, a catering licence or a catering endorsement and the agent or manager

selected by the corporation to carry on its business in the licensed establishment is a resident of British Columbia or a Canadian citizen

or is lawfully admitted to Canada under the Immigration and Refugee Protection Act (Canada) for permanent residence, and

is not a minor;

(ii) the corporation holds or is applying to obtain a catering licence and each agent or manager selected by the corporation to carry on all or

any part of its catering business is a resident of British Columbia or a Canadian citizen or is lawfully admitted to Canada under the Immigration and Refugee Protection Act (Canada) for permanent residence, and is not a minor;

(iii) the corporation holds a licence that has a catering endorsement, or for which the corporation is applying to obtain a catering

endorsement, and

(

A) the agent or manager selected by the corporation to carry on its business in the licensed establishment is a resident of British Columbia

or a Canadian citizen or is lawfully admitted to Canada under the Immigration and Refugee Protection Act (Canada) for

permanent residence, and is not a minor, and

(

B) each agent or manager selected by the corporation to carry on all or any part of its catering business is a resident of British Columbia

or a Canadian citizen or is lawfully admitted to Canada under the Immigration and Refugee Protection Act (Canada) for

permanent residence, and is not a minor.

Section 18 (4) is amended by striking out " in respect of an establishment, and " and substituting " , and ".

Section 22 is amended

(

a) by adding the following subsection:

(1.1) If at the site of a catered event the conduct of persons attending the event or of the caterer’s employees is of a riotous, violent,

drunken or disorderly nature, or the safety of one or more persons at the site is threatened, the general manager may, without a hearing,

suspend or cancel the catering authorization and order the immediate removal of patrons. ,

(

b) in subsection (3) by striking out " subsection (1). " and substituting " subsection (1) or (1.1). ", and

(

c) in subsection (4) by striking out " the licensed establishment of a licensee " and substituting " a licensed

establishment ".

Section 23 is amended

(

a) in subsections (1), (2.1), (2.2) and (3) by adding " or catering authorization " after " a licence " wherever it

appears,

(

b) in subsection (2.1) by adding " or catered event " after " the licensed establishment " in both places,

(

c) in subsection (2.2) (

a) by adding " or catering authorization " after " the licence " in both places, and

(

d) in subsection (3) by striking out " of the licensee ".

Section 45 (4) is amended by striking out " in respect of an establishment, and " and substituting " , and ".

Section 50 is amended by adding the following subsection:

(3) Without limiting subsection (2) or

section 91, the general manager may, at the time of the issue of a catering authorization for a catered

event or at any time during the catered event, impose as a condition of the catering authorization the restrictions and limitations that the

general manager considers necessary on any type or form of entertainment performed at the site of the catered event.

Section 77 is amended

(

a) by renumbering the

section as

section 77 (1),

(

b) in subsection (1) by striking out " If " and substituting " Except as provided in subsection (2), if ",

and

(

c) by adding the following subsection:

(2) If an offence under this Act is committed by a corporation in relation to a catered event, the officer or agent of the corporation in

charge of selling or serving liquor at the event is deemed to be a party to the offence and is personally liable to the penalties prescribed

for the offence as a principal offender, but nothing in this

section relieves the corporation or the person actually committing the offence

from liability for it.

Section 84 is amended

(

a) in subsection (2) by adding the following paragraphs:

(b.2) respecting catering authorizations and providing mechanisms for consultation by the caterer with public authorities, including, without

limitation, local governments, first nations and police in relation to catering authorizations;

(b.3) respecting if and to what extent a caterer may be issued a catering authorization in relation to an event that is promoted by, or to which

persons were invited by, the caterer;

(b.4) respecting catering endorsements, including, without limitation, the classes or categories of licence to which a catering endorsement may

endorsement;

by, or to which persons were invited by, the holder of that authorization or endorsement; ,

(

b) in subsection (2) (

h) by striking out " 50 (2); " and substituting " 50 (2) or (3); ",

(

c) in subsection (3) by striking out " and " at the end of paragraph (

a) and by adding the following paragraph:

at residential events, and , and

(

d) by adding the following subsections:

(6) Without limiting the application of subsections (3) (a), (4) and (5) to catering licences, subsections (3) (a), (4) and (5) apply to

regulations made or that may be made under subsection (2) (b.2) or (b.4) as if

(

a) a reference in subsection (3) (

a) to licences under

section 12, and a reference in subsection (4) or (5) to licences, were a reference to

catering authorizations, and

(

b) a reference in subsection (4) (d.1) to a licence were a reference to a catering authorization.

(7) The Lieutenant Governor in Council may make regulations for meeting or removing any difficulty arising out of

(

a) the inclusion in this Act of provisions relating to catering licences, catering endorsements and catering authorizations, or

(

b) the application to catered events and residential events of references under this Act to establishments or licensed establishments,

and for that purpose disapplying or varying any provision of this Act or the regulations.

40 The following sections are added:

Liquor may be sold at catered event

86 A caterer may sell or serve liquor at a residence or at a place or premises that is not, but for

section 87, a licensed establishment, in

the following circumstances:

(

a) the liquor is sold or served at

(

i) a residential event, or

(ii) a catered event in relation to which the caterer has been issued a catering authorization by the general manager;

(

b) the liquor is sold or served in accordance with

(

i) the requirements of

section 38 (3),

authorization.

Event site constitutes establishment

(1) Subject to subsection (2), the site of a catered event is, for the purposes of this Act and the regulations, both an establishment and

a licensed establishment for the period approved for the catered event in the catering authorization issued in relation to that

event.

(2) A reference to " establishment " or " licensed establishment " in sections 13 (3) and (4), 16 (1) (

b) and

(c), 21 (3), 22 (1), 23 (2.1), 49 (3), 76 (3) and 77 (1) does not include the site of a catered event.

Catering endorsement

88 Subject to and in accordance with the regulations, a licensee may apply to the general manager for the privilege of selling or serving

liquor

(

a) at one or more events, and

(

b) at one or more locations that are not the establishment in relation to which the licence was issued,

licence.

Application for catering authorization

(1) A caterer may apply for a catering authorization for a catered event.

(2) An application under subsection (1) must

(

a) be in the form established by the general manager,

(

b) contain the prescribed information and any other information required by the general manager to assess the application, and

(

c) be accompanied by such records as the general manager may require, including, without limitation, approvals from other persons the

general manager considers may have an interest in the application.

Application procedures

90 The general manager may establish procedures for processing and approving applications referred to in

section 89, including, without

limitation, providing for applications under that

section for which no express approval is required.

and conditions to which the catering authorization is subject under the regulations.

conditions that

(

a) limit the type of liquor to be offered for sale,

(

b) designate the areas of the site of the catered event, both indoor and outdoor, where liquor may be sold and served,

(

c) limit the days and hours during which the site of the catered event is permitted to be open for the sale of liquor,

(

d) designate the areas within the site of the catered event where minors are permitted,

(

e) approve, prohibit or restrict games and entertainment at the site of the catered event,

(

f) specify requirements for reporting and record keeping,

(

g) control signs used in or for the site of the catered event,

(

h) specify requirements for service of food and non-alcoholic beverages, and

(

i) limit the ability to sell or serve liquor at the event if the number of persons in attendance at the event exceeds a specified

number.

(3) The general manager may require a caterer to whom a catering authorization is issued to send to any person or persons the general

manager considers appropriate a copy of one or more of the following:

(

a) the catering authorization;

(

b) any other record related to the catering authorization application the general manager may specify.

(4) The general manager may determine the circumstances in which, if at all, it is appropriate to issue catering authorizations in

relation to specified places or premises, or classes of places or premises, and if so how frequently catering authorizations should be

issued for them.

Cancellation of catering authorization

92 The general manager may, by written notice to the caterer to whom a catering authorization was issued, cancel the catering authorization

if, in the general manager’s opinion,

(

a) the circumstances on the basis of which the catering authorization was applied for and issued have changed so that they no longer meet

the requirements of this Act or the regulations for issue of the catering authorization,

(

b) the circumstances on the basis of which the catering authorization was issued did not exist at the time the catering authorization was

issued, or

(

c) the catering authorization was otherwise issued in error.

Transitional Provision

Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act transition –

Part 3

agreements

41 Despite

section 8.01 (9) of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act , in the

compliance period that begins July 1, 2013, the director must not agree to issue under

Part 3 agreements more than the prescribed number of

credits.

Part 4 — Finance Amendments

Pension Statutes Amendment Act, 2003

42 Sections 4, 5 (

a) to (c), 6 and 10 of the Pension Statutes Amendment Act, 2003, S.B.C. 2003, c. 62, are repealed.

Section 9, as it enacts

Part 1.1 of

Schedule A of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is repealed.

Public Sector Pension Plans Act

Section 1 (1) of the Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is amended

(

a) by adding the following definition:

"college joint management agreement" means the College Pension Plan Joint Trust Agreement made under this Act on April 4, 2011 between the plan employer partners and the plan

member partners, as those terms are defined in

section 1 of

Schedule A, for the joint management of the college plan, and includes any

amendments to the agreement; , and

(

b) by repealing the

definitions of "college board" , "college plan" , "municipal joint management agreement" , "public service joint management agreement" and "teachers’ joint management agreement" and substituting the

following:

"college board" means the board of trustees of the college plan appointed under the terms of the college joint management agreement;

"college plan" means the College Pension Plan continued under the college joint management agreement;

"municipal joint management agreement" means the Municipal Pension Plan Joint Trust Agreement made under this Act on April 2, 2001 between the plan employer partner and HEABC,

and the plan member partner, as those terms are defined in

section 1 of

Schedule B, for the joint management of the municipal plan, and

includes any amendments to the agreement;

"public service joint management agreement" means the Public Service Pension Plan Joint Trust Agreement made under this Act on December 8, 2000 between the plan employer partner and

the plan member partner, as those terms are defined in

section 1 of

Schedule C, for the joint management of the public service plan, and

includes any amendments to the agreement;

"teachers’ joint management agreement" means the Teachers’ Pension Plan Joint Trust Agreement made under this Act on April 2, 2001 between the plan employer partner and the plan

member partner, as those terms are defined in

section 1 of

Schedule D, for the joint management of the teachers’ plan, and includes any

amendments to the agreement; .

Section 9 (2) (d) (

v) is amended by striking out " Minister of Finance " and substituting " minister ".

46 The following

section is added:

Continuation of investment portfolios

18.1

(1) Each portfolio established under B.C. Reg. 84/86, the Pooled Investment Portfolios Regulation, is continued under this Act.

(2) Each participating fund allocated units of a portfolio immediately before January 1, 2000 must continue to be allocated those units of

the portfolio with the investment management corporation holding those units as agent for the participating fund.

(3) All assets held under or in a portfolio by the Minister of Finance or the chief investment officer under the Financial

Administration Act immediately before January 1, 2000 must continue to be held under or in the portfolio, in trust, by the

investment management corporation.

47 The heading to

Part 4 is repealed and the following substituted:

Part 4 — Regulations .

48 The headings to Divisions 1 and 2 of

Part 4 are repealed.

49 Sections 27 to 29 are repealed.

50 Sections 1 and 3 of

Schedule A are amended by striking out " College Institute Educators’ Association " wherever it

appears and substituting " Federation of Post-Secondary Educators of BC ".

Section 1 of

Schedule A is amended

(

a) by repealing the

definitions of "board" , "investment management corporation" , "partners" , "pension

fund" , "pension plan" and "pension plan rules" and substituting the following:

"college board" has the same meaning as in

section 1 (1) of the Act;

"partners" means the plan employer partners and the plan member partners;

"pension fund" means the cash, investments and other assets of the pension plan held by the college board;

"pension plan" has the same meaning as “college plan” in

section 1 (1) of the Act; ,

(

b) in the definition of "plan employer partners" by striking out " the Post Secondary Employers’

Association; " and substituting " The Post-Secondary Employers’ Association; ", and

(

c) in the definition of "plan member partners" by striking out " British Columbia Government and Service

Employees’ Union. " and substituting " B.C. Government and Service Employees’ Union. "

Part 1 of

Schedule A is repealed.

53 The following

Part is added to

Schedule A:

Part 1.1 — Joint Trusteeship

Joint management agreement

16.1

(1) In this section, "agreement" means the joint management agreement referred to in subsection (2).

(2) The partners may enter into a unanimous joint management agreement that provides for, but is not limited to, all of the

following:

(

a) the continuation of the pension plan and pension fund, that were continued under this Schedule, for the benefit of plan

members;

(

b) the joint management of the pension plan and the pension fund;

(

c) the establishment of who will manage the agreement;

(

d) the establishment of an arrangement to hold and invest the pension fund;

(

e) the composition of the board of trustees of the pension plan, including the appointment of trustees and the delineation of their

powers, functions and duties;

(

f) the sharing by employers and plan members of gains or surplus and of liability for deficiencies in the pension fund;

(

g) the method for amending the pension plan by the agreement of the partners;

(

h) the resolution of disputes;

(

i) any other matter on which agreement is reached.

(3) The partners must establish appropriate mechanisms whereby the views and interests of the plan members who are

(

a) non-unionized employees,

(

b) unionized employees not represented by a plan member partner, and

(

c) retirees

are fairly represented in the negotiation of the agreement.

(4) The pension plan continued under the agreement must provide for all of the following:

(

a) employer and employee eligibility to participate in the pension plan;

(

b) employer and plan member contributions to the pension fund;

(

c) pensionable service, including the calculation of pensions, purchase of service, reinstatement and portability;

(

d) eligibility to receive a benefit and the determination of the amount of that benefit;

(

e) benefits on termination, early retirement, normal retirement, late retirement, disability retirement and pre-retirement death;

(

f) pension indexing;

(

g) general administrative requirements;

(

h) supplemental benefits;

(

i) continued recognition of any rights vested in a plan member or beneficiary, in the same manner and to the same extent as provided

under the pension plan;

(

j) any matter necessary or advisable to establish the pension plan rules.

(5) The partners must ensure that

(

a) the money of the pension fund is invested or loaned in the best financial interests of the plan members and, in doing that,

must

(

i) exercise the care, diligence and skill that a person of ordinary prudence would exercise when dealing with the property of another

person, and

(ii) ensure that the investments and loans are made in accordance with the provisions of the Pension Benefits Standards

Act and other regulatory requirements,

(

b) the plan administrative agent keeps an account of all money received and paid out of the pension fund and keeps an accounting of the

assets and liabilities of the pension fund, and

(

c) the plan administrative agent keeps an individual record of contributions made by each plan member.

(6) Any of the partners may initiate discussions respecting the agreement.

(7) Despite subsection (2), the non-unionized employees, unionized employees not represented by a plan member partner and retirees not

represented by the partners may benefit from and be subject to the agreement and the partners have the power to enter into the agreement

on behalf of those persons and, if entered into, the agreement is binding on those persons.

54 The heading to

Part 2 of

Schedule A is repealed and the following substituted:

Part 2 — Plan Continuation .

Section 18 of

Schedule A is amended by striking out " board " and substituting " college

board ".

Section 20 of

Schedule A is repealed and the following substituted:

Plan continuation – regulations

20 The Lieutenant Governor in Council may, on the recommendation of the college board, make regulations that are necessary or advisable to

aid the effective governance and administration of the pension plan and pension fund by the college board, and the regulations may be made

to apply generally or to a particular case.

Section 1 of

Schedule B is amended

(

a) by repealing the definition of "plan employer partner" and substituting the following:

"plan employer partner" means the government of British Columbia and the municipal governments, including regional districts, as represented by the Union of

British Columbia Municipalities; ,

(

b) by repealing paragraph (

e) of the definition of "plan member partner" and substituting the following:

(

e) the British Columbia Police Association, , and

(

c) by adding the following definition:

"HEABC" means the health sector employers as represented by the Health Employers Association of British Columbia; .

58 The heading to

Part 3 of

Schedule B is repealed and the following substituted:

Part 3 — Plan Continuation .

Section 21 of

Schedule B is repealed and the following substituted:

Plan continuation – regulations

21 The Lieutenant Governor in Council may, on the recommendation of the municipal board, make regulations that are necessary or advisable to

aid the effective governance and administration of the pension plan and pension fund by the municipal board, and the regulations may be made

to apply generally or to a particular case.

Section 1 of

Schedule C is amended in the definition of "plan member partner" by striking out " British Columbia Government

and Service Employee’s Union, " and substituting " B.C. Government and Service Employees’ Union, ".

61 The heading to

Part 3 of

Schedule C is repealed and the following substituted:

Part 3 — Plan Continuation .

Section 22 of

Schedule C is repealed and the following substituted:

Plan continuation – regulations

22 The Lieutenant Governor in Council may, on the recommendation of the public service board, make regulations that are necessary or

advisable to aid the effective governance and administration of the pension plan and pension fund by the public service board, and the

regulations may be made to apply generally or to a particular case.

63 The heading to

Part 3 of

Schedule D is repealed and the following substituted:

Part 3 — Plan Continuation .

Section 21 of

Schedule D is repealed and the following substituted:

Plan continuation – regulations

21 The Lieutenant Governor in Council may, on the recommendation of the teachers’ board, make regulations that are necessary or advisable to

aid the effective governance and administration of the pension plan and pension fund by the teachers’ board, and the regulations may be made

to apply generally or to a particular case.

65 Schedules B, C and D are amended in

section 18 (4) (

k) by striking out " , including those matters described in

section 16

(1) ".

Part 5 — Forests, Lands and Natural Resource Operations Amendments

Forest Act

Section 12 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out " A district manager, a regional

manager or the minister " and substituting " The minister ".

Section 151 (11) is amended by striking out " to be provided by the holder of " and substituting " to be provided by the applicant for or the holder of ".

Land Title Act

Section 182 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(

a) in subsection (1) by striking out " If a restrictive covenant, easement " and substituting " If a restrictive covenant, an easement, a party wall agreement as defined in

section 223.1, ",

(

b) in subsection (1) by striking out " the covenant, easement, or right, " and substituting " the covenant, easement,

party wall agreement as defined in

section 223.1, or right ", and

(

c) in subsection (2) by adding " , agreement " after " easement ".

Part 14 is amended by adding the following Division:

Division 4.1 — Party Wall Agreements

Definitions

223.1 In this Division:

"adjoining parcels" means two parcels that share a common boundary;

"grant" , used in relation to adjoining parcels, means a grant by the owner of one of the parcels in favour of the owner of the other

parcel;

"party wall" means a shared supporting wall that is in a building or between two adjoining buildings and is situated on any part of the common

boundary shared by adjoining parcels;

"party wall agreement" means an instrument that contains a grant of one or more positive covenants in relation to any of the following:

(

a) altering, decorating, maintaining, repairing, replacing or taking down the party wall;

(

b) carrying out procedures to ascertain the location of cables, drains, pipes, sewers, wires or other conduits in or near the party

wall and clearing, repairing or replacing them;

(

c) repairing damage as a result of doing anything referred to in paragraph (

a) or (b);

(

d) carrying out inspections, obtaining professional advice, drawing up plans and performing other tasks requisite for doing anything

referred to in paragraphs (

a) to (c);

(

e) allocating between the owners of adjoining parcels the costs and expenses of doing anything referred to in paragraphs (

a) to (

d) and requiring the owners to pay the costs and expenses as allocated;

(

f) carrying insurance in respect of a party wall.

Binding effect

223.2

(1) A party wall agreement may be registered against the title to one or both adjoining parcels.

(2) Subject to subsection (3), a positive covenant in a party wall agreement registered on or after the date this

section comes into force

runs with and binds, without further registration, the adjoining parcels against which the party wall agreement is registered and

renders each successor in title to the adjoining parcels subject to the obligations of the positive covenant.

(3) Despite any term to the contrary in a registered party wall agreement, a person who was an owner of an adjoining parcel against which

the party wall agreement is registered is not liable for any breach of a positive covenant in the party wall agreement if the breach

occurs after the person ceased to be an owner of the adjoining parcel.

(4) A positive covenant in a party wall agreement is an interest in land and registerable under this Act.

Wildfire Act

70 The Wildfire Act, S.B.C. 2004, c. 31, is amended by adding the following

section to Division 4 of

Part 5:

Personal liability protection

66.1

(1) In this section:

"mutual aid arrangement" means an agreement, understanding or other arrangement entered into on behalf of the government with one or more other

jurisdictions to share resources in relation to fire control;

"protected person" means any of the following:

(

a) the minister;

(

b) an official;

(

c) an employee of the government;

(

d) a temporary employee hired under

section 15;

(

e) a person acting under an order made by an official under

section 16;

(

f) a person from another jurisdiction acting under a mutual aid arrangement.

(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected person because

of anything done or omitted

(

a) in the exercise or intended exercise of any power under this Act, or

(

b) in the performance or intended performance of any duty or function under this Act.

(3) Subsection (2) does not apply to a protected person in relation to anything done or omitted by that person in bad faith.

(4) Subsection (2) does not absolve the government from vicarious liability arising out of anything done or omitted by a protected person

for which the government would be vicariously liable if this

section were not in force.

Consequential Amendments

Miscellaneous Statutes Amendment Act (No. 2), 2011

Section 37 of the Miscellaneous Statutes Amendment Act (No. 2), 2011, S.B.C. 2011, c. 13, is repealed.

Property Law Act

Section 18 of the Property Law Act, R.S.B.C. 1996, c. 377, is amended

(

a) in subsection (5) by striking out " an easement or a restrictive covenant " and substituting " an easement, a restrictive covenant, or a party wall agreement as defined in

section 223.1 of the Land Title

Act ", and

(

b) by adding the following subsection:

(9) Common ownership and possession of the burdened and the benefited land does not extinguish a party wall agreement as defined in

section

223.1 of the Land Title Act .

Validation Provision

Forest Act – validation

(1) In this section, "validation period" means the period beginning on December 9, 2008 and ending on

the date this

section comes into force.

(2) All things done during the validation period that would have been validly done had

section 151 (11) of the Forest Act ,

as amended by this Bill, been in force on the day they were done are conclusively deemed to have been validly done.

(3) 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.

Part 6 — Health Amendments

Health Professions Act

74 The Health Professions Act, R.S.B.C. 1996, c. 183, is amended by adding the following section:

Application of Labour Mobility Act to nurse practitioners

20.02

(1) In this section:

"occupation" has the same meaning as in the Labour Mobility Act ;

"occupation of nurse practitioner" means the occupation in British Columbia that constitutes the practice of nursing as a nurse practitioner under this Act.

(2) The Labour Mobility Act does not apply in respect of the occupation of nurse practitioner.

(3) Section 20 (4.1) (

e) of this Act does not apply to a person applying for registration to practise as a nurse practitioner under this

Act.

(4) The Lieutenant Governor in Council may by regulation repeal this section, and on that repeal

section 6.1 of the Labour

Mobility Act is also repealed.

Section 50.54 (13) is amended by striking out " Nothing in this Act precludes " and substituting " Other than

section

20.02, nothing in this Act precludes ".

Section 50.54 (13) is amended by striking out " Other than

section 20.02, nothing in this Act precludes " and substituting

" Nothing in this Act precludes ".

Consequential Amendments

Labour Mobility Act

Section 4 (2) (

b) of the Labour Mobility Act, S.B.C. 2009, c. 20, is amended by striking out " despite any enactment to the

contrary, " and substituting " despite any enactment to the contrary other than

section 6.1 of this Act, ".

Section 4 (2) (

b) is amended by striking out " despite any enactment to the contrary other than

section 6.1 of this Act, " and

substituting " despite any enactment to the contrary, ".

79 The following

section is added:

Application of this Act to nurse practitioners

6.1

(1) In this section, "occupation of nurse practitioner" means the occupation in British Columbia that constitutes the practice

of nursing as a nurse practitioner under the Health Professions Act .

(2) Section 4 (2) (

b) does not apply to a worker who applies for certification in relation to the occupation of nurse practitioner under

the Health Professions Act .

(3) Section 6 does not apply in respect of

section 20.02 of the Health Professions Act .

Part 7 — Justice Amendments

Election Act

Section 1 of the Election Act, R.S.B.C. 1996, c. 106, is amended

(

a) by renumbering the

section as

section 1 (1),

(

b) in subsection (1) by adding the following definition:

"pre-campaign period" means, in relation to an election conducted in accordance with

section 23 (2) of the Constitution Act , the shorter of

the following periods:

(

a) the period beginning 40 days before the campaign period and ending at the beginning of the campaign period;

(

b) the period beginning 21 days following any sitting of the Legislative Assembly and ending at the beginning of the campaign period; , and

(

c) by adding the following subsection:

(2) For certainty, if there is a sitting of the Legislative Assembly when a pre-campaign period has started, the pre-campaign period is

suspended until 21 days following the sitting of the Legislative Assembly and ends at the beginning of the campaign

period.

Section 183 (1) is amended by striking out " within the period beginning 60 days before a campaign period and ending at the end of the

campaign period " and substituting " within the pre-campaign period and the campaign period ".

82 Sections 198 (1) (

a) and 199 (1) (

a) are amended by striking out " the period beginning 60 days before the campaign period " and

substituting " the pre-campaign period ".

Section 204 (2) is amended by striking out " 60 days before the campaign period, " in both places and substituting " at the

beginning of the pre-campaign period, ".

Section 228 is repealed and the following substituted:

Election advertising

228 For the purposes of this Act:

"contribution" means a contribution of money provided to a sponsor of election advertising, whether given before or after the individual or

organization acts as a sponsor;

"election advertising" means the transmission to the public by any means, during the pre-campaign period and the campaign period, of an advertising message

that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising

message that takes a position on an issue with which a registered political party or candidate is associated, but does not include

(

a) the publication without charge of news, an editorial, an interview, a column, a letter, a debate, a speech or a commentary in a

bona fide periodical publication or a radio or television program,

(

b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned

to be made available to the public regardless of whether there was to be an election,

(

c) the transmission of a document directly by a person or a group to their members, employees or shareholders, or

(

d) the transmission by an individual, on a non-commercial basis on the internet, or by telephone or text messaging, of his or her

personal political views;

"value of election advertising" means

(

a) the price paid for preparing and conducting the election advertising, or

(

b) the market value of preparing and conducting the election advertising, if no price is paid or if the price paid is lower than the

market value.

Section 235.1 is repealed and the following substituted:

Third party advertising limits

235.1

(1) In respect of a general election conducted in accordance with

section 23 (2) of the Constitution Act , an individual

or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or

indirectly, election advertising during the period consisting of the pre-campaign period and campaign period

(

a) such that the total value of that election advertising is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall, or

(

b) in combination with one or more individuals or organizations, or both, such that the total value of the election advertising sponsored

by those individuals and organizations is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall.

(2) In respect of a general election conducted other than in accordance with

section 23 (2) of the Constitution Act , the limits under subsection (1) do not apply to the pre-campaign period, but do apply to the

campaign period.

(3) In respect of a by-election, the limits under subsection (1) do not apply to the pre-campaign period, but the limits under subsection (1) (a) (

i) and (b) (

i) do apply to the campaign period.

(4) Section 204 applies to adjust the amounts under this section.

Section 244 (1) is amended by striking out " if during a campaign period or the period beginning 60 days before the campaign

period " and substituting " if during a pre-campaign period or a campaign period ".

Section 278 (1) is repealed and the following substituted:

(1) In relation to a penalty under

section 217 (1) (b), 218 (1) (b), 235.2 (1) (

b) or 246, the chief electoral officer may issue

and file with the Supreme Court a certificate specifying the name of the candidate, political party or sponsor, as applicable, and the

amount owed under that provision by the candidate, political party or sponsor.

Family Law Act

Section 323 of the Family Law Act, S.B.C. 2011, c. 25, is amended by striking out "Section 1" and substituting "Section 1 (1)".

Police Act

Section 38.06 (2) and (3) of the Police Act, R.S.B.C. 1996, c. 367, is repealed and the following substituted:

(2) Subject to subsections (2.1) and (3), the chief civilian director may appoint persons with investigative experience to serve as

investigators with the independent investigations office.

(2.1) An appointment under subsection (2) must be made in accordance with

(

a) the Public Service Act , and

(

b) the regulations, if any, made under

section 74 (2) (t.2) [power to make regulations] of this Act.

(3) The chief civilian director may not appoint a person under subsection (2) if the person

(

a) is currently a member of a police or law enforcement agency outside of British Columbia,

(

b) is currently a member of the Royal Canadian Mounted Police, or

(

c) was a member of a police force in British Columbia at any time during the 5-year period immediately preceding the appointment.

90 The following sections are added:

Officers to cooperate with independent investigations office

38.101 An officer must cooperate fully with

(

a) the chief civilian director in the chief civilian director’s exercise of powers or performance of duties under this Act, and

(

b) an IIO investigator in the IIO investigator’s exercise of powers or performance of duties under this Act.

Use of statements made by officers

38.102

(1) A statement provided or an answer given by an officer during an investigation under this

Part is inadmissible in evidence in court in

a civil proceeding for remedies against the officer in relation to the matter under investigation.

(2) Subsection (1) applies also in respect of evidence of the existence of a statement provided or answer given by an officer during an

investigation under this Part.

Chief civilian director may provide information to public

38.121

(1) In this section, "personal information" has the same meaning as in

Schedule 1 of the Freedom of

Information and Protection of Privacy Act .

(2) If the chief civilian director considers it in the public interest to do so, the chief civilian director may make the following

information available to the public by posting the information on a publicly accessible website maintained by or on behalf of the chief

civilian director:

(

a) a

summary of a matter in respect of which the independent investigations office has been notified or ordered to conduct an

investigation;

(

b) a description of the resources that the independent investigations office has assigned to an investigation;

(

c) a statement indicating whether the independent investigations office, after concluding an investigation, has reported the matter to

Crown counsel;

(

d) a

summary of the results of an investigation, if the matter has not been reported to Crown counsel.

(3) In providing information under subsection (2), the chief civilian director must not disclose personal information about an officer, a

victim, a witness or another person who may have been involved in the matter, except as provided in subsection (4).

(4) The chief civilian director may disclose personal information about a person described in subsection (3) only if

(

a) the person consents to the disclosure, or

(

b) in the opinion of the chief civilian director, the public interest in disclosure outweighs the privacy interests of the person.

(5) Before disclosing information in accordance with subsection (4), the chief civilian director must, if practicable,

(

a) in the case of information to be disclosed under subsection (4) (a), notify the person to whom the information relates, and

(

b) in the case of information to be disclosed under subsection (4) (b),

(

i) notify the person to whom the information relates, and

(ii) notify, and consider any comments provided by, the commissioner appointed under the Freedom of Information and Protection of

Privacy Act .

Section 40 (1) (a.1) is amended by adding the following subparagraphs:

(

v) cooperation between the independent investigations office and the provincial police force, municipal police departments, designated

policing units and designated law enforcement units in relation to investigations by the independent investigations office;

(vi) cooperation and coordination among the provincial police force, municipal police departments and designated policing units in relation to

investigations that are complex or involve serious crimes, including, without limitation, investigations of murder, attempted murder, sexual

assault, kidnapping, armed robbery or money laundering; .

Section 180 is amended

(

a) in subsection (8) by adding the following paragraph:

(

d) the records are, or relate to, a recorded complaint or investigation that has been concluded and no disciplinary or corrective measures

are recorded in relation to the complaint or investigation because one of the following has occurred:

(

i) the complaint has been withdrawn by the complainant under

section 94 [withdrawal of complaint by complainant] and

the police complaint commissioner has not ordered or continued an investigation into the matter;

(ii) the police complaint commissioner has issued a direction under

section 109 (1) [power to discontinue investigation] to

discontinue the investigation into the matter;

(iii) the matter has been finally determined and, in that final determination, no disciplinary or corrective measures are imposed in relation

to, or accepted by, the member. , and

(

b) by repealing subsections (9) and (10) and substituting the following:

(9) An admissible complaint or any investigation of a matter is irrelevant and not to be considered for the purposes of subsection (8) (a),

(

b) or (

c) when one of the following occurs:

(

a) the complaint is withdrawn by the complainant under

section 94 [withdrawal of complaint by complainant] and the police

complaint commissioner does not order or continue an investigation into the matter;

(

b) the police complaint commissioner issues a direction under

section 109 (1) [power to discontinue investigation] to discontinue

the investigation into the matter;

(

c) the matter is finally determined and, in that final determination, no disciplinary or corrective measures are imposed in relation to, or

accepted by, the member.

Confirmation Provision

Confirmation of corrections to statutes

93 The corrections made by the following regulations, as those regulations have been published in the British Columbia Gazette

Part II, of errors

in the statutes are confirmed:

(

a) B.C. Reg. 236/2011, Statutes Correction Regulation, 2011;

(

b) B.C. Reg. 237/2011, correction to the Logging Tax Act .

Consequential Amendments

Budget Transparency and Accountability Act

Section 6 of the Budget Transparency and Accountability Act, S.B.C. 2000, c. 23, is amended

(

a) in subsection (1) by striking out " on the third Tuesday " and substituting " on or before the third

Tuesday ", and

(

b) in subsection (2) (

a) by striking out " the third Tuesday in February " and substituting " the date scheduled for the

presentation of the main estimates by the minister under subsection (1) ".

Section 10 (4) is amended by striking out " on the third Tuesday " and substituting " on or before the third

Tuesday ".

Commencement

96 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 13

By regulation of the Lieutenant Governor in Council

Sections 15 to 44

By regulation of the Lieutenant Governor in Council

Sections 46 to 49

By regulation of the Lieutenant Governor in Council

Sections 51 to 65

By regulation of the Lieutenant Governor in Council

Section 70

April 1, 2012

Section 76

The date that

section 20.02 of the Health Professions Act is repealed

Section 78

The date that

section 20.02 of the Health Professions Act is repealed

Sections 80 to 88

By regulation of the Lieutenant Governor in Council

Sections 94 and 95

By regulation of the Lieutenant Governor in Council

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