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

BILL 81 -- 1992

MISCELLANEOUS STATUTES AMENDMENT ACT, 1992

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

 
Industrial Development Incentive Act

1 Section 6 (2) (c) of the Industrial Development Incentive Act, S.B.C. 1985, c. 43, is amended by striking out "$225 million." and substituting "$235 million."

 
Infants Act

2 Section 16 of the Infants Act, R.S.B.C. 1979, c. 196, is repealed and the following substituted:

Consent of infant to medical treatment

16 (1) In this section

"health care provider" includes a person licensed, certified or registered in British Columbia to provide health care;

"health care" means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health related purpose, and includes a course of health care.

(2) Subject to subsection (3), an infant may consent to health care whether or not that health care would, in the absence of consent, constitute a trespass to the infant's person, and where an infant provides that consent, the consent is effective and it is not necessary to obtain a consent to the health care from the infant's parent or guardian.

(3) No request for or consent, agreement or acquiescence to health care by an infant shall constitute consent to the health care for the purposes of subsection (2) unless the health care provider providing the health care

(a) has explained to the infant and has been satisfied that the infant understands the nature and consequences and the reasonably foreseeable benefits and risks of the health care, and

(b) has made reasonable efforts to determine and has concluded that the health care is in the infant's best interests.

 
Land Title Act

3 Section 214 (1) (b) of the Land Title Act, R.S.B.C. 1979, c. 219, is repealed and the following substituted:

(b) a municipality, a regional district, a local trust committee under the Islands Trust Act or a local improvement district;

(b.1) a water users' community, a public utility, a pulp or timber, mining, railway or smelting corporation, or a corporation authorized to transport oil or gas, or both oil and gas, or solids, as defined in the Pipeline Act; or .

4 Section 215 (1) is repealed and the following substituted:

(1) A covenant described in subsection (1.1) in favour of the Crown, a Crown corporation or agency, a municipality, a regional district or a local trust committee under the Islands Trust Act, as covenantee, may be registered against the title to the land subject to the covenant and is enforceable against the covenantor and the successors in title of the covenantor even if the covenant is not annexed to land owned by the covenantee.

 
Manufactured Home Act

5 The Manufactured Home Act, R.S.B.C. 1979, c. 281, is amended by adding the following section:

Effect of registration on ownership

25.1 (1) In this section "manufactured home park" means land used or occupied by a person for the purpose of providing space for the accommodation of 3 or more manufactured homes and for imposing a charge or rental for the use of that space.

(2) If, after the coming into force of this section, a person moves a manufactured home to a manufactured home park, or purchases a manufactured home that has never been occupied and that is situated in a manufactured home park, the manufactured home is not part of the land that forms the manufactured home park unless a written agreement that the manufactured home is part of the land

(a) is entered into by

(i) every registered owner of the manufactured home,

(ii) every person with a security interest in the manufactured home who has registered a financing statement in the personal property registry under the Personal Property Security Act using the serial number of the manufactured home, and

(iii) every person who is registered in the land title office as an owner of the fee simple interest in the land, and

(b) is filed in the manufactured home registry office.

 
Ministry of Forests Act

6 Section 5 of the Ministry of Forests Act, R.S.B.C. 1979, c. 272, is repealed and the following substituted:

Acquisition and disposition of land

5 (1) To carry out the duties, powers and functions of the minister, on behalf of the Crown, the minister may acquire land.

(2) The minister may dispose of an interest in land, other than the fee simple, and may dispose of Crown rights under a licence to occupy or permit to use land if

(a) the interest or rights, as the case may be, have previously been acquired by the minister,

(b) the land has located on it, or was acquired with the intention of locating on it, improvements, and

(c) the disposition of the interest or rights, as the case may be, is necessary for the management of land remaining under the management of the minister.

(3) Notice of an acquisition of land or disposition of Crown land under this section must be given to the Surveyor General within 30 days after completion.

 
Municipalities Enabling and Validating Act (No. 2)

7 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended by adding the following sections:

Validation of Victim Assistance
Program agreements

13 (1) All agreements that have been entered into between the government and a municipality, whether in effect currently or in effect previously, under which the municipality on behalf of the government provides or provided a program of police based victim assistance services, both within and without the boundaries of the municipality, are confirmed and validated effective the date on which they were entered into.

(2) All resolutions and bylaws in relation to an agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted, to the extent they would have been valid had subsection (1) been in force on the date they were adopted.

(3) A municipality is conclusively deemed to have had the authority to enter into an agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and continue to have the authority to carry out the agreement in accordance with its terms.

(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

Maple Ridge parking specified area validation

14 (1) Despite the Municipal Act or any failure to comply with a requirement established by the Municipal Act, the bylaw cited as "Maple Ridge Downtown Parking Specified Area Establishment and Loan Authorization By-law No. 4598 - 1991", adopted by the council of the Corporation of the District of Maple Ridge on November 18, 1991, is conclusively deemed to have been validly adopted on that date and to have been in force since it was adopted on that date.

(2) Everything done that would have been validly done had the bylaw referred to in subsection (1) been validly adopted on the date it was adopted shall be 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 shall not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

 
Nurses (Registered Psychiatric) Act

8 Section 3 (2) of the Nurses (Registered Psychiatric) Act, R.S.B.C. 1979, c. 301, is amended by adding ", the rules" after "bylaws".

 
Pension Benefits Standards Act

9 Section 33 (1) (a) (iii) of the Pension Benefits Standards Act, S.B.C. 1991, c. 15, is repealed and the following substituted:

(iii) before the date on which the member reaches the age of 55 years, and .

10 Section 50 is repealed and the following substituted:

Notification of termination or winding up

50 (1) An administrator who intends to terminate or wind up a pension plan shall give notice, in writing, to

(a) the superintendent,

(b) each member and former member, and

(c) each union whose members will be affected,

of the intention to terminate or wind up and the notice shall give effective date of termination or commencement of winding up.

(2) The notice required under subsection (1) must be given

(a) at least 60 days before the date of the intended termination or commencement of the winding up, or

(b) immediately after the making of that decision if it is intended to terminate or to commence to wind up the plan within 60 days after the decision to terminate or wind up is made.

11 Section 62 (2) is amended by adding ", within a prescribed time period after receiving adequate notice of intent," after "notify the other party in writing".

12 Section 66 (1) (c) is amended by adding "or 76" after "section 14 (1)".

13 Section 67 is amended by striking out "50 (a)" and substituting "50 (1)".

14 Section 78 is amended by adding the following subsection:

(4) Subsection (3) does not apply after the coming into force of section 43 (2).

15 Section 81 is amended by repealing subsections (1) and (3) and substituting the following:

(1) This Act, except sections 1 to 6, 14 to 22, 24, 41, 43 to 49, 61, 62 and 66 to 80, comes into force on January 1, 1993.

(3) Sections 14 to 22, 24, 41, 43 to 49, 61, 62 (1) (c), 70, 71 and 75 to 77 come into force by regulation of the Lieutenant Governor in Council.

 
Pension (College) Act

16 Section 32 of the Pension (College) Act, R.S.B.C. 1979, c. 316, is amended by renumbering the section as section 32 (1) and by adding the following subsections:

(2) The Lieutenant Governor in Council may make regulations to amend this Act to the extent necessary to ensure that this Act and any pension plan under this Act complies with the Pension Benefits Standards Act and regulations made under the Pension Benefits Standards Act.

(3) Unless earlier repealed, every amendment to this Act made by regulation under subsection (2) is repealed on August 31, 1993.

(4) This subsection and subsections (2) and (3) are repealed on August 31, 1993.

 
Pension (Municipal) Act

17 Section 39 of the Pension (Municipal) Act, R.S.B.C. 1979, c. 317, is amended by renumbering the section as section 39 (1) and by adding the following subsections:

(2) The Lieutenant Governor in Council may make regulations to amend this Act to the extent necessary to ensure that this Act and any pension plan under this Act complies with the Pension Benefits Standards Act and regulations made under the Pension Benefits Standards Act.

(3) Unless earlier repealed, every amendment to this Act made by regulation under subsection (2) is repealed on August 31, 1993.

(4) This subsection and subsections (2) and (3) are repealed on August 31, 1993.

 
Pension (Public Service) Act

18 Section 34 of the Pension (Public Service) Act, R.S.B.C. 1979, c. 318, is amended by adding the following subsections:

(6) The Lieutenant Governor in Council may make regulations to amend this Act to the extent necessary to ensure that this Act and any pension plan under this Act complies with the Pension Benefits Standards Act and regulations made under the Pension Benefits Standards Act.

(7) Unless earlier repealed, every amendment to this Act made by regulation under subsection (6) is repealed on August 31, 1993.

(8) This subsection and subsections (6) and (7) are repealed on August 31, 1993.

 
Pension (Teachers) Act

19 Section 39 of the Pension (Teachers) Act, R.S.B.C. 1979, c. 320, is amended by renumbering the section as section 39 (1) and by adding the following subsections:

(2) The Lieutenant Governor in Council may make regulations to amend this Act to the extent necessary to ensure that this Act and any pension plan under this Act complies with the Pension Benefits Standards Act and regulations made under the Pension Benefits Standards Act.

(3) Unless earlier repealed, every amendment to this Act made by regulation under subsection (2) is repealed on August 31, 1993.

(4) This subsection and subsections (2) and (3) are repealed on August 31, 1993.

 
Pension Statutes (Transitional Arrangement) Act

20 Section 1 of the Pension Statutes (Transitional Arrangement) Act is amended by striking out "or" at the end of paragraph (h), by adding ", or" at the end of paragraph (i) and by adding the following:

(j) the Trade Development Corporation Act.

 
Trade Development Corporation Act

21 Section 1 of the Trade Development Corporation Act, S.B.C. 1989, c. 17, is amended

(a) in the definition of "officer" by adding "the chair," after "means", and

(b) by repealing the definition of "president".

22 Section 2 is amended by repealing subsection (3) and substituting the following:

(3) The Lieutenant Governor in Council may appoint

(a) one of the directors as chair of the board of directors and may designate him or her as chief executive officer of the corporation, and

(b) a person as president and may designate him or her as chief operating officer of the corporation.

23 Section 5 (1) is amended by adding "other" after "may appoint the".

24 Section 6 (1) (c) is amended by striking out "the president" and substituting "to a person appointed under this Act".

25 Section 10 is amended by adding the following subsections:

(3) In calculating the amount of a superannuation allowance for the chair, each year of service as chair shall be counted as 1 1/2 years of pensionable service.

(4) Subsection (3) does not apply to the calculation under section 6 (5) of the Pension (Public Service) Act.

Commencement

26 (1) Sections 1, 2, 5, 6 and 8 to 24 come into force by regulation of the Lieutenant Governor in Council.

(2) Section 25 shall be deemed to have come into force on January 22, 1992 and is retroactive to the extent necessary to give it effect on and after that date.


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