1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
ATTORNEY GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 31.1 of the Commercial Arbitration Act, S. B. C. 1986, c. 3, is repealed and the following substituted:
31.1 (1) In this section "court" means any court.
(2) In matters governed by this Act,
(a) no court shall intervene except where so provided in this Act, and
(b) no arbitral proceedings of an arbitrator and no order, ruling or arbitral award made by an arbitrator shall be questioned, reviewed or restrained by a proceeding under the Judicial Review Procedure Act or otherwise except to the extent provided in this Act.
2 Section 6.1 of the Court of Appeal Act, S.B.C. 1982, c. 7, is repealed and the following substituted:
6.1 (1) In this section "interlocutory order" includes
(a) an interim order made under the Family Relations Act, and
(b) an order made under the Supreme Court Rules on a matter of practice or procedure.
(2) Notwithstanding section 6 (1), an appeal does not lie to the court from
(a) an interlocutory order,
(b) an order respecting costs only, or
(c) an order or determination under Rule 50 of the Supreme Court Rules
without leave of a justice.
(3) In an order granting leave to appeal under this or any other Act, a justice may limit the grounds of appeal.
3 Section 6.2 is repealed.
4 Section 9 (2) is repealed.
5 Section 15 (3) is amended by striking out "section 28 (2) (f)," and substituting "section 1 (5) (b) of the Court Rules Act,".
6 Section 67 (j) of the Evidence Act, R.S.B.C. 1979, c. 116, is repealed and the following substituted:
(j) provincial constables and municipal constables as defined in the Police Act, including members of the Royal Canadian Mounted Police who are deemed, under section 14 (2) of the Police Act, to be provincial constables,
(i) who hold a rank of corporal or higher, or
(ii) who occupy the position of detachment commander on a permanent or acting basis; .
7 Sections 1, 12 (1), 16, 18 (4) (b), 20 (2) and (3), 44 (2), (9), (10) and (13), 47 (2) and (3) and 52 (4) of the Expropriation Act, S.B.C. 1987, c. 23, are amended by striking out "chairman" wherever it appears and substituting "chair".
8 Section 1 is amended by adding the following definition:
"vice chair" means the vice chair of the board appointed under section 52.
9 Section 25 (5) is repealed and the following substituted:
(5) The chair and vice chair each have and may exercise the powers and jurisdiction of the board under this Act or under any other enactment.
(5.1) The vice chair has and may exercise the powers and jurisdiction of the chair under this Act.
10 Section 47 is amended
(a) in subsection (1) by striking out "has been served on him," and substituting "has been served on him but before the hearing has commenced," ,
(b) by adding the following subsection:
(3.1) The chair may delegate to a member of the board the power to conduct a review under subsection (2) or (3). ,
(c) by repealing subsection (4) and substituting the following:
(4) At a review under subsection (2) or (3), the person conducting the review shall, after taking into account all relevant circumstances, assess the reasonableness of the bill and may make an order with respect to its payment, accordingly. , and
(d) by repealing subsection (6) and substituting the following:
(6) Where the amount of costs paid under this section exceeds the amount of costs awarded under section 44, the expropriating authority may
(a) deduct the amount of the difference from any amounts of compensation then outstanding, and
(b) where all compensation has been paid, recover the excess by action against the owner.
11 Section 52 is amended
(a) in subsection (1) by striking out "chairman" and substituting "chair, vice chair",
(b) in subsection (2) by striking out "The chairman" and substituting "The chair and vice chair",
(c) in subsection (5) by striking out "The chairman, members of the board and inquiry officers" and substituting "The chair, vice chair, other members of the board, inquiry officers and a person acting under subsection (7) at the request of the minister" and by adding "and serve in accordance with other terms and conditions" after "for their services", and
(d) by adding the following subsection:
(7) The chair, vice chair or any other member of the board who resigns his or her appointment or whose appointment is otherwise terminated may, after the resignation or ceasing to hold office, at the request of the minister,
(a) give judgment in a hearing in respect of which he or she was, while holding office, sitting as a member of or presiding over the panel appointed under subsection (4), and the judgment is valid and effective as though he or she still held office, and
(b) continue with the hearing of any matter referred to in paragraph (a), and the jurisdiction to hear the matter and give judgment is valid and effective as though he or she still held office.
12 Section 5 (b) of the International Commercial Arbitration Act, S.B.C. 1986, c. 14, is amended by striking out "or an order, ruling or arbitral award" and substituting "and no order, ruling or arbitral award".
13 Sections 2 and 3 of the International Sale of Goods Act, S.B.C. 1990, c. 20, are amended by striking out ", except subparagraph (1) (b) of Article 1 of the Convention,".
14 Section 14 (7) (b) of the Offence Act, R.S.B.C. 1979, c. 305, is repealed and the following substituted:
(b) pay a fine indicated on the violation ticket in accordance with the prescribed instructions.
15 Section 14.1 (6) is repealed and the following substituted:
(6) A copy of a violation ticket referred to the Provincial Court under subsection (4) may be
(a) a microfilm or other photographic reproduction of the violation ticket that is certified in writing by the superintendent as being a true reproduction of the ticket, or
(b) a printed reproduction of electronically stored information that is certified in writing by the superintendent as being a true reproduction of all the information on the violation ticket
and the reproduction shall be deemed to be a copy of the violation ticket.
(6.1) When the Provincial Court receives a copy of a violation ticket, the court has jurisdiction to try, determine and adjudge proceedings relating to the violation ticket in accordance with section 8.
16 Section 99 (1) is amended by striking out "sections 610 to 616, except section 613 (5)," and substituting "sections 683 to 689, except section 686 (5),".
17 The Parole Act, S.B.C. 1989, c. 76, is amended by striking out "chairman" in sections 2 (4) and (6), 7 (1) and (2), 11 (b) (ii) and 16 (1) (a) and substituting "chair".
18 Section 2 is amended
(a) by repealing subsection (2) and substituting the following:
(2) The board shall be composed of
(a) the executive director of the board appointed under the Public Service Act who shall be the vice chair, and
(b) the number of other members the Lieutenant Governor in Council considers necessary, all of whom shall be appointed by the Lieutenant Governor in Council and selected from persons who meet the criteria prescribed under section 15 (a). ,
(b) by repealing subsection (3) and substituting the following:
(3) The Lieutenant Governor in Council may designate one of the members referred to in subsection (2) (b) as chair. ,
(c) by repealing subsection (5) and substituting the following:
(5) Each member of the board, other than the chair and vice chair, holds office for a term of 4 years and is not eligible for reappointment to the board. , and
(d) by adding the following subsection:
(6.1) The vice chair is a full time member of the board.
19 Section 2.1 of the Sheriff Act, R.S.B.C. 1979, c. 386, is amended by repealing subsection (1) and substituting the following:
(1) The minister or a person designated in writing by the minister may appoint a person as a court bailiff to exercise the powers of a sheriff for the sole purpose of executing writs, warrants and court orders, exclusive of orders to arrest individuals, issued or made in a civil proceeding.
20 Sections 1 to 13 and 17 to 19 come into force by regulation of the Lieutenant Governor in Council.
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