1992 Legislative Session: 1st Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act
"proceedings" includes proceedings
(a) in the Supreme Court or the Court of Appeal,
(b) before one or more arbitrators appointed under the Commercial Arbitration Act or under an arbitration agreement as defined in that Act, or
(c) before the Expropriation Compensation Board established under the Expropriation Act;
"resource interest" means an interest in or a right in respect of
(a) a mineral as defined in the Mineral Tenure Act or a mineral title as defined in that Act,
(b) a Crown granted 2 post mineral claim, or
(c) an agreement that is listed in section 10 of the Forest Act and is subject to deletions under section 53 of that Act.
2 (1) While this section remains in effect, no person shall
(a) commence any proceedings, or
(b) do anything in furtherance of any proceedings commenced before the coming into force of this section to which the person is a party
in which compensation or damages is claimed because a resource interest that a person held, or holds, has been taken, reduced in value, limited or otherwise adversely affected, whether expressly by or under an enactment, or as a result of the effect on a resource interest of an enactment or anything done under it.
(2) During the time between the coming into force of this section and the date on which subsection (1) of this section ceases to have effect in respect of any proceedings described in subsection (1), either because of a regulation under section 3 or because of the repeal of this Act under section 4,
(a) an arbitrator appointed under the Commercial Arbitration Act or under an arbitration agreement as defined in that Act,
(b) the Expropriation Compensation Board, a panel of it or any member of either, or
(c) another tribunal that is not a court or any member of such a tribunal
shall not make, or participate in, any determination, order or award in those proceedings and does not have jurisdiction to do so.
(3) The time between the coming into force of this section and the date on which subsection (1) of this section ceases to have effect in respect of any proceedings, either because of a regulation under section 3 or because of the repeal of this Act under section 4, does not count in the calculation of
(a) the limitation period fixed by the Limitation Act for the proceedings, or
(b) the period within which, under another enactment, the proceedings must be commenced or a step in the proceedings must be taken.
(4) This section does not prohibit
(a) an agreed settlement or agreed partial settlement of the matters in dispute in any proceedings, or
(b) any step towards an agreed settlement or agreed partial settlement of the matters in dispute in any proceedings.
3 (1) The Lieutenant Governor in Council by regulation may
(a) order that section 2 (1) and (2) does not apply to proceedings relating to one or more
(i) of the types of resource interests described or referred to in the definition of "resource interest" in section 1, or
(ii) of any types of interests or rights that have been prescribed by the Lieutenant Governor in Council under paragraph (b),
(b) order that section 2 applies in respect of proceedings in which compensation or damages are claimed in relation to one or more of any types of interests or rights that have been the subject of a direction of the Attorney General under section 1 of the Order for a Commission of Inquiry into Compensation for the Taking of Resource Interests, Order in Council 468/92, or
(c) limit a regulation under paragraph (a) or (b) so that it pertains only to proceedings to assert claims that have arisen or that arise under one or more enactments specified in the regulation.
(2) A regulation made under subsection (1) applies according to its terms in respect of proceedings of the type or types described in the regulation, whether the proceedings are commenced before, on or after the effective date of the regulation.
4 This Act, other than section 2 (3), is repealed on the earlier of
(a) a date that the Lieutenant Governor in Council may prescribe, or
(b) June 15, 1993.
5 This Act comes into force on the date it receives First Reading in the Legislative Assembly and is retroactive to the extent necessary to give it effect on and after that date.
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Copyright © 1992: Queen's Printer, Victoria, British Columbia, Canada