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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE SHIRLEY BOND

MINISTER OF ADVANCED EDUCATION

BILL 50 – 2002

ADVANCED EDUCATION STATUTES AMENDMENT ACT, 2002

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

College and Institute Act

Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended in the definition of

"university" by repealing paragraph (d.1).

Criminal Records Review Act

Section 7 (1) of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended in the definition of

"post secondary institution" by repealing paragraph (b.1).

Degree Authorization Act

Section 2 (1) (

f) of the Degree Authorization Act, S.B.C. 2002, is repealed.

Engineers and Geoscientists Act

Section 10 of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is amended

(

a) in subsection (1) by repealing paragraphs (e), (

g) and (

h) and substituting the following:

(

e) the circumstances in which members, licensees or certificate holders, or a class of members, licensees or certificate holders, must hold professional liability insurance and the amount and category of professional liability insurance that must be held;

(e.1) the establishment and administration of a professional liability insurance program in any category including, without limitation, for providing the council with the power to establish terms, conditions, policies and procedures for categories of professional liability insurance;

(e.2) the circumstances and manner in which members, licensees or certificate holders, or a class of members, licensees or certificate holders, must disclose

(

i) whether professional liability insurance is held, and

(ii) whether the insurance is applicable to the services in question;

(

g) the establishment, levying, payment and remission of annual fees, admissions fees, application fees, licence fees, professional liability insurance fees and any other fees, including, without limitation, for providing the council with the power to establish, levy, require payment of, and authorize remission of, those fees; ,

(

b) in subsection (1) (

l) by striking out "to be passed, the experience required and the fees to be paid as" and substituting

"to be passed and the experience required as" , and

(

c) by adding the following subsection:

(1.1) For the purposes of bylaws under subsection (1) (e), (e.1) or (e.2), the council, by bylaw, may

(

a) establish classes of members, licensees or certificate holders,

(

b) specify different categories of professional liability insurance, and

(

c) require that different classes of members, licensees or certificate holders hold different categories of professional liability insurance.

Section 13 (5) is amended by striking out "of the prescribed fees," and substituting

"of the established fees," .

Section 16 (2), (4) and (5) is amended by striking out "fees established by the bylaws" and substituting

"fees established by or under the bylaws" .

Section 21 (1) is amended by striking out "fee set by the bylaws." and substituting

"fee established by or under the bylaws."

Freedom of Information and Protection of Privacy Act

Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of

"educational body" by repealing paragraph (c.1).

Motor Vehicle Act

9 Sections 21 (2) (b) (

v) and 34 (1.1) (c) (

v) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, are repealed.

Municipal Finance Authority Act

Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended in the definition of

"public institution" by repealing paragraph (e.3).

Ombudsman Act

Section 30 of the

Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is repealed.

Public Sector Employers Act

Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended in the definition of

"public sector employer" by repealing paragraph (d.2).

School Act

Section 170.2 of the School Act, R.S.B.C. 1996, c. 412, is amended

(

a) in subsection (1) in the definition of "public post-secondary institution"

by repealing paragraph (e), and

(

b) by repealing subsection (4) (e).

Technical University of British Columbia Act

14 The Technical University of British Columbia Act, S.B.C. 1997, c. 54, is amended by adding the following sections:

Transitional – transition administrator

19.1

(1) Despite any other provision of this Act, the minister may appoint a transition administrator for the purpose of winding up the affairs of the university.

(2) On the appointment of the transition administrator,

(

a) the appointment of each member of the board of governors appointed by the Lieutenant Governor in Council is rescinded, and

(

b) the members of the board of governors not referred to in paragraph (

a) cease to hold office.

(3) The transition administrator appointed under subsection (1)

(

a) is deemed to be the board of governors of the university, and

(

b) despite

section 8 (1), may exercise the powers and perform the duties given to the president by this Act, as authorized by the minister.

(4) The transition administrator must transfer the rights, property, assets, obligations and liabilities of the university as directed by the minister.

Repeal

19.2 The Technical University of British Columbia Act is repealed by regulation of the Lieutenant Governor in Council.

University Act

Section 67 (9) of the University Act, R.S.B.C. 1996, c. 468, is repealed.

Transitional – Technical University of British Columbia Act

(1) On the repeal of sections 3 and 4 of the Technical University of British Columbia

Act ,

(

a) the Technical University of British Columbia is dissolved,

(

b) the appointment of the transition administrator is rescinded,

(

c) any remaining rights, property and assets of the Technical University of British Columbia are transferred to and vested in the government, and

(

d) the government assumes any remaining obligations and liabilities of the Technical University of British Columbia.

(2) On and after the date on which sections 3 and 4 of the Technical University of British Columbia Act are repealed, a reference to the Technical University of British Columbia in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.

Commencement

17 Sections 1 to 3, 8 to 11, 12, 13 and 15 come into force on the repeal of sections 3 and 4 of the Technical University of British Columbia

Act .

Explanatory Notes

College and Institute Act

SECTION 1: [College and Institute Act, amends

section 1] is consequential to the repeal of

the Technical University of British Columbia Act .

Criminal Records Review Act

SECTION 2: [Criminal Records Review Act, amends

section 7 (1)] is consequential to the

repeal of the Technical University of British Columbia Act .

Degree Authorization Act

SECTION 3: [Degree Authorization Act, repeals

section 2 (1) (f)] is consequential to the

repeal of the Technical University of British Columbia Act .

Engineers and Geoscientists Act

SECTION 4: [Engineers and Geoscientists Act, amends

section 10]

expands the council's authority to make bylaws in respect of professional liability insurance;

provides bylaw powers over fees, including a power to authorize council to exercise power over fees;

authorizes the council to establish classes of members, licensees and certificate holders, specify different categories of professional liability insurance and require the different classes to hold different categories of liability insurance.

SECTION 5: [Engineers and Geoscientists Act, amends

section 13 (5)] changes a reference

to "prescribed fees" to "established fees" for consistency with other references

and as more correctly describing the fee.

SECTION 6: [Engineers and Geoscientists Act, amends

section 16 (2), (4) and (5)] clarifies

that the fees may be established by bylaw or by the council under the authority

of a bylaw.

SECTION 7: [Engineers and Geoscientists Act, amends

section 21 (1)] clarifies that annual

fees may be established by bylaw or by the council under the authority of a

bylaw.

Freedom of Information and Protection of Privacy Act

SECTION 8: [Freedom of Information and Protection of Privacy Act, amends

Schedule 1] is consequential to the repeal of the Technical University of British

Columbia Act .

Motor Vehicle Act

SECTION 9: [Motor Vehicle Act, amends sections 21 and 34] is consequential to the repeal

of the Technical University of British Columbia Act .

Municipal Finance Authority Act

SECTION 10: [Municipal Finance Authority Act, amends

section 1] is consequential to the

repeal of the Technical University of British Columbia Act.

Ombudsman Act

SECTION 11: [Ombudsman Act, amends

section 30] is consequential to the repeal of the

Technical University of British Columbia Act .

Public Sector Employers Act

SECTION 12: [Public Sector Employers Act, amends

section 1] is consequential to the

repeal of the Technical University of British Columbia Act .

School Act

SECTION 13: [School Act, amends

section 170.2 (1) and (4)] is consequential to the repeal

of the Technical University of British Columbia Act .

Technical University of British Columbia Act

SECTION 14: [Technical University of British Columbia Act, enacts sections 19.1 and 19.2]

adds a transitional provision to allow for the winding up of the university and

provides for the repeal of the Technical University of British Columbia Act.

University Act

SECTION 15: [University Act, repeals

section 67 (9)] is consequential to the repeal of the

Technical University of British Columbia Act .

SECTION 16: [Transitional – Technical University of British Columbia Act] provides for

the dissolution of the university and the transfer of its assets and liabilities.

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