1992 Legislative Session: 1st Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 18th day of June, 1992
Ian D. Izard, Law Clerk.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 18 (1) of the Correction Act, R.S.B.C. 1979, c. 70, is amended by adding "civil contempt or for" after "a sentence imposed for".
2 Section 45 (d) (i) is amended by striking out "or".
3 Section 47 (1) is amended
(a) by repealing paragraph (d) and substituting the following:
(d) for the management, operation, discipline and security of correctional centres and youth containment centres; , and
(b) by adding the following paragraph:
(h.1) establishing a process by which decisions made or dispositions imposed by a disciplinary panel may be reviewed and establishing the practices and procedures to be used in that process; .
4 The following section is added:
48 (1) B.C. Reg. 562/77, the Youth Correctional Programs Regulation, is confirmed and validated effective December 13, 1977 and no amendment to that regulation and nothing done or purported to be done under that regulation is invalid by reason only that that regulation or any amendment to it came into force before the coming into force of section 3 (a) of the Attorney General Statutes Amendment Act (No. 2), 1992.
(2) B.C. Reg. 284/78, the Correctional Centre Rules and Regulations, is confirmed and validated effective August 31, 1978 and no amendment to that regulation and nothing done or purported to be done under that regulation is invalid by reason only that that regulation or any amendment to it came into force before the coming into force of section 3 (b) of the Attorney General Statutes Amendment Act (No. 2), 1992.
5 Section 4 of the Escheat Act, R.S.B.C. 1979, c. 111, is amended
(a) in subsections (2) and (3) by striking out "one year" and substituting "2 years", and
(b) by adding the following subsections:
(3.1) On an application to revive a corporation made after the expiry of the 2 year period referred to in subsection (3), the Supreme Court may, if notice of the application has been duly served on the Crown, order that the land of the corporation that had escheated to the Crown under this section vest in the corporation.
(3.2) Land that is the subject matter of an order made under subsection (3.1) vests in the corporation at the time, in the manner and subject to the conditions set out in the order.
(3.3) The Supreme Court shall make it a term of any order made under subsection (3.1) that the land shall not vest in the corporation until the Crown has been reimbursed for any costs and expenses
(a) incurred by the Crown in relation to the land after it escheated to the Crown, and
(b) for which the Crown makes application for reimbursement at the time of the hearing.
6 Section 70.1 of the Family Relations Act, R.S.B.C. 1979, c. 121, is amended
(a) by repealing subsection (1) and substituting the following:
(1) On receiving a certified copy of a final order made in a reciprocating state before or after this subsection comes into force with information that the claimant or respondent is in the Province, the Attorney General shall designate a court in the Province for the purpose of registering the final order under this Act so that it can be varied under this Part or enforced under the Family Maintenance Enforcement Act. ,
(b) in subsection (2) by striking out "respondent" and substituting "claimant or respondent",
(c) by repealing subsection (3) and substituting the following:
(3) Where a final order is made in a court in the Province before or after this subsection comes into force and the claimant or respondent is apparently resident in a reciprocating state, the court that made the order shall, on the written request of the claimant, the respondent or the Attorney General, deem the order to be a registered order. , and
(d) in subsection (5) by striking out "A respondent" and substituting "A claimant or respondent".
7 Section 70.31 (6) is amended by adding "or a registered order" after "final order".
8 Section 1 of the Land Title Act, R.S.B.C. 1979, c. 219, is amended in the definition of "records" by striking out "under the authority of the Lieutenant Governor in Council;" and substituting "approved by the Attorney General;".
9 Section 19 (4) is repealed.
10 Section 38 is repealed and the following substituted:
38 (1) In this section
"duplicate" means a counterpart of the original instrument or document made by the registrar in the usual and ordinary course of business from the original instrument or document using any chemical, mechanical or electronic technique, including, without limitation, microphotographic reproduction and electronic recording on an optical disk, that
(a) is capable of recording all significant details of the original instrument or document, and
(b) does not permit additions, deletions or changes from the original instrument or document;
"original instrument or document" means the instrument or document that is filed, deposited or registered under this Act.
(2) The registrar shall make and maintain an official record of all instruments and documents filed, deposited or registered under this Act, and the official record may consist of the original instrument or document or the duplicate, or both.
(3) The registrar shall store the official record made under subsection (2) either in the land title office or in some other location approved by the Attorney General.
(4) A copy taken from an original instrument or document, or from a duplicate, that is
(a) made by the registrar, and
(b) certified by the registrar to be a true copy of the original instrument or document
is admissible in a court to the same extent as the original instrument or document.
(5) A certification of the registrar under subsection (4) is conclusive proof that the copy, and the duplicate if the copy is made from a duplicate, was made by the registrar in the usual and ordinary course of business using procedures and techniques that
(a) are capable of recording all significant details of the original instrument or document, and
(b) do not permit additions, deletions or changes from the original instrument or document.
11 Section 67 is amended
(a) by repealing paragraphs (d), (o), (q), (s), (t), (u) and (v) and substituting the following:
(d) the exterior boundaries of the land intended to be dealt with by the plan shall be shown on the plan as a solid black line between 1 and 1.5 millimetres in width;
(q) if a watercourse is included in the land shown on the plan outlined under paragraph (d) and the watercourse
(i) is owned by the Crown or, by dedication or the action of section 108 (2), is returned to the Crown on the subdivision of land,
(ii) lies within the boundaries of a parcel of one hectare or more in area being created by the plan, and
(iii) is less than 1/10 of the area of the parcel it passes through,
the natural boundaries of the watercourse may be indicated on the plan, without dimensions, by photogrammetric means, compass and stadia, or other similar method approved by the Surveyor General;
(s) all lettering, drawing or figures on the plan shall be made in black India ink or printed in black printer's ink;
(u) unless otherwise provided by regulation, the plan shall be accompanied by a machine made transparent copy of a type approved by the Surveyor General, together with the number of white prints that may be necessary for the purpose of taxing authorities, the Surveyor General, the Ministry of Transportation and Highways and the regional board of the regional district in which the land is situated; .
12 Section 108 is amended by adding the following subsection:
(2.3) An application to the Minister of Environment, Lands and Parks for an exemption under subsection (2.1) shall be accompanied by the prescribed fee.
13 Section 171 is amended by adding the following subsection:
(3) The registrar, on his or her own initiative, in respect of any land in the absolute fees register, may convert the absolute fee into an indefeasible title without an application from the registered owner of the absolute fee.
14 Section 172 is amended by adding the following subsection:
(7) The registrar may establish, keep and maintain the register, books and indices required for the purpose of this Act by any means, whether chemical, electronic, mechanical or otherwise.
15 Section 16 of the Liquor Control and Licensing Act, R.S.B.C. 1979, c. 237, is amended by adding the following subsection:
(4) A licence in respect of which a fine or suspension has been imposed under this Act shall not be renewed or transferred if, at the date that the renewal or transfer is to take effect,
(a) in the case of a fine,
(i) the fine has, under section 20 (2), become payable,
(ii) the time period set by the general manager for the payment of the fine has expired, and
(iii) the fine has not been fully paid, or
(b) in the case of a suspension, the suspension has, under section 20 (2), taken effect and has not been fully served.
16 Section 20 (1) and (2) is repealed and the following substituted:
(1) The general manager, for the reasons set out in subsection (1.1), may do any one or more of the following with or without a hearing:
(a) issue a warning to a licensee;
(b) impose conditions on a licence or rescind or amend existing conditions on a licence;
(c) impose a fine on a licensee within the limits prescribed;
(d) suspend or cancel a licence, in whole or in part.
(1.1) The general manager may act under subsection (1) for any of the following reasons:
(a) the licensee's failure to comply with the requirements of this Act, the regulations or a term or condition of the licence;
(b) conviction of the licensee of an offence under the laws of Canada or the Province or under the bylaws of a municipality or regional district, where the offence relates to the licensed establishment or the conduct of it;
(c) persistent failure to keep the licensed establishment in a clean and orderly fashion;
(d) the existence of a circumstance which, under section 16, would prevent the issue of a licence;
(e) suspension or cancellation of a licence, permit or certificate necessary for the operation of the licensed establishment by a municipal, regional or Provincial authority.
(2) The general manager may suspend a licence or impose a fine at any time but a fine shall not be payable and a suspension shall not take effect until after the prescribed appeal period has expired and no appeal has been filed or the appeal is disposed of, whichever is later.
17 Section 31 (2) is amended by striking out "or" after paragraph (c), by adding "or" after paragraph (d) and by adding the following paragraph:
(e) to impose a fine, .
18 The following section is added:
45.1 (1) In this section
"motor vehicle" has the meaning assigned to it in the Motor Vehicle Act, and includes an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act;
"motor home" has the meaning assigned to it in the Motor Vehicle Act.
(2) Subject to subsection (3), no person shall drive or otherwise exercise control over the operation of a motor vehicle, whether or not it is in motion, while there is liquor in the person's possession or in the motor vehicle.
(3) Subsection (2) does not apply
(a) where the liquor is in a container that is unopened and has an unbroken seal,
(b) where the liquor is being transported or used in accordance with a licence issued under this Act, or
(c) in any other case, where
(i) the motor vehicle is a motor home and the liquor is kept in a cabinet away from the driver's area,
(ii) the motor vehicle is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,
(iii) the motor vehicle is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,
(iv) the motor vehicle is a motorcycle and the liquor is not readily accessible to the operator, or
(v) the motor vehicle is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels.
19 Section 1 of the Pension Statutes (Transitional Arrangement) Act is amended by striking out "or" at the end of paragraph (g), by adding ", or" at the end of paragraph (h) and by adding the following:
(i) the Supreme Court Act.
20 Section 2 (2) (c) of the Supreme Court Act, S.B.C. 1989, c. 40, is amended by striking out "81" and substituting "82".
21 Section 8 is amended by adding the following subsection:
(2.1) For greater certainty, the number of judges resident in the Victoria Judicial District and the Nanaimo Judicial District together shall not be less than 7.
22 Section 11 is amended by adding the following subsection:
(5.1) A master ceases to hold office at the end of the month in which the master attains the age of 70.
23 The following section is added:
11.2 (1) Subject to this section, the Pension (Public Service) Act applies to every master.
(2) On or after attaining age 60 and after at least 10 years service, a master who is retired or removed from office shall, if otherwise entitled to superannuation payments under the Pension (Public Service) Act, be granted an annual pension under that Act.
(3) Where a master who has served 5 years is removed from office by reason of a physical or mental disability, section 19 of the Pension (Public Service) Act applies and the master is entitled to a superannuation allowance commencing on the first day of the month following the removal.
(4) Where a master who has served 5 years dies in office, section 20 of the Pension (Public Service) Act applies and the surviving spouse of the master is entitled to a superannuation allowance commencing on the first day of the month following the death.
(5) In calculating the amount of a superannuation allowance under this section, each year of service as a master shall be counted as 1 1/2 years of pensionable service.
(6) Subsection (5) does not apply to the calculation under section 6 (5) of the Pension (Public Service) Act.
24 Section 12 (3) is repealed and the following substituted:
(3) The registrar may appoint a person to act temporarily as a district registrar or a deputy district registrar.
25 The following section is added:
13.1 A judge or master may transfer proceedings to the Provincial Court of British Columbia if
(a) the proceedings are within the jurisdiction of the Provincial Court under the Small Claims Act,
(b) a party to the proceedings applies to the judge or master or all parties to the proceedings agree to the transfer, and
(c) the judge or master considers it appropriate to do so.
26 Section 8 of the Wills Variation Act, R.S.B.C. 1979, c. 435, is amended by adding the following subsection:
(3) A plaintiff in an action shall, within 14 days of the issue of the writ of summons, file a copy of the writ of summons and a notice in the form prescribed in the Rules of Court with the registrar at the registry from which the grant of letters probate was issued.
27 Section 10 (1) (b) is repealed and the following substituted:
(b) a copy of the writ of summons has been served on the executor of the will and a copy of the writ of summons and notice in the form prescribed in the Rules of Court has been filed with the registrar in the registry where probate of the will was granted; and .
28 (1) Sections 1, 2, 5 to 22 and 24 to 27 come into force by regulation of the Lieutenant Governor in Council.
(2) Section 23 comes into force on April 1, 1992 and is retroactive to the extent necessary to give it effect on and after that date.
(3) Section 3 (a) and the portion of section 4 enacting section 48 (1) of the Correction Act shall be deemed to have come into force on December 13, 1977 and are retroactive to the extent necessary to give them effect on and after that date.
(4) Section 3 (b) and the portion of section 4 enacting section 48 (2) of the Correction Act shall be deemed to have come into force on August 31, 1978 and are retroactive to the extent necessary to give them effect on and after that date.
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