1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE COLIN GABELMANN
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1 Section 11 of the Commercial Transport Act, R.S.B.C. 1979, c. 55, is repealed and following substituted:
11 Where a permit is issued to a vehicle owned or leased and operated by
(a) Her Majesty the Queen in right of Canada or any province or territory,
(b) the government of the United States of America,
(c) the government of any state or county in the United States of America,
(d) a municipality, or
(e) an out of Province school district,
no fees shall be charged.
2 Section 1 of the Court Order Interest Act, R.S.B.C. 1979, c. 76, is amended by adding the following subsection:
(4) Where part of an order represents income loss arising from personal injury or death and one or more payments have been made before the date of the order to replace, provide indemnification for, compensate for or protect against some or all of the income loss or for any other purpose related to the income loss, the amount of the income loss on which interest may be calculated under this section shall be reduced by the amount of each such payment as of the date of the receipt of the payment.
3 Section 2 is amended by striking out "or" at the end of paragraph (c), by adding "; or" at the end of paragraph (d) and by adding the following:
(e) on that part of an order that represents non- pecuniary damages arising from personal injury or death.
4 Section 45 of the Creditor Assistance Act, R.S.B.C. 1979, c. 80, is amended by striking out "bank" and substituting "savings institution".
5 Section 67 of the Drainage, Ditch and Dyke Act, R.S.B.C. 1979, c. 98, is amended by striking out "chartered bank" and substituting "savings institution".
6 Section 23 (1) of the Insurance (Motor Vehicle) Act, R.S.B.C. 1979, c. 204, is amended by striking out "$150" and substituting "the prescribed amount".
7 Section 46 (1) is amended by striking out "and" at the end of paragraph (s), by adding "; and" at the end of paragraph (t) and by adding the following:
(u) prescribing the deductible amount applicable to property damage claims made under section 23.
8 Section 33 (d) of the Land Surveyors Act, R.S.B.C. 1979, c. 217, is amended by striking out "chartered bank" and substituting "savings institution".
9 Section 38 of the Land Title Act, R.S.B.C. 1979, c. 219, is amended by adding the following subsection:
(6) Notwithstanding section 163, where an original instrument or document filed under this Act is
(a) a marriage certificate or a death certificate, or
(b) a trust instrument referred to in section 176 (4),
the registrar may, at the time the original instrument or document is filed, create a duplicate and return the original to the person who applied to file it.
10 Section 144 (1) is amended by adding "it is the original instrument or document and is" after "by the registrar unless".
11 Section 163 (3) is repealed.
12 Section 283 is amended
(a) in paragraph (a) by adding "or" at the end of subparagraph (i) and by repealing subparagraph (ii), and
(b) in paragraph (d) by striking out "subdivision," and substituting "subdivision or in volume of an air space parcel,".
13 Section 14 of the Liquor Distribution Act, R.S.B.C. 1979, c. 238, is repealed and the following substituted:
14 The general manager may arrange to have liquor shipped direct from a manufacturer, warehouse or liquor store to a person, licensee, liquor store or agency store, subject to the orders the general manager makes.
14 The Ombudsman Act, R.S.B.C. 1979, c. 306, is amended by adding the following section:
15.1 No person shall discharge, suspend, expel, intimidate, coerce, evict, impose any pecuniary or other penalty on or otherwise discriminate against a person because that person complains, gives evidence or otherwise assists in the investigation, inquiry or reporting of a complaint or other proceeding under this Act.
15 Section 31 is amended by striking out "or" at the end of paragraph (c), by adding "; or" at the end of paragraph (d) and by adding the following paragraph:
(e) contravenes section 15.1.
16 Section 3 of the Personal Property Security Act, S.B.C. 1989, c. 36, is repealed and the following substituted:
3 Subject to sections 4 and 55, this Act applies to
(a) a transfer of an account or chattel paper,
(b) a commercial consignment, and
(c) a lease for a term of more than one year
that do not secure payment or performance of an obligation.
17 Sections 79 (3) (d) and 81 (1) of the Railway Act, R.S.B.C. 1979, c. 354, are amended by striking out "chartered bank" and substituting "savings institution".
18 A reference to an order in section 1 (4) or 2 (e) of the Court Order Interest Act as enacted by sections 2 and 3 of this Act includes an order made in an action commenced but not concluded before the coming into force of the amendment made to that section by this Act.
19 Section 3 of the Personal Property Security Act, as enacted by section 16 of this Act, applies to a security agreement from the date section 16 of this Act comes into force whether the security agreement was entered into before or after that date.
20 (1) Sections 1, 6, 7, 9 to 12, 16 and 19 come into force by regulation of the Lieutenant Governor in Council.
(2) Section 13 comes into force on September 30, 1993.
Commercial Transport Act
(Ministry of Attorney General)
SECTION 1: adds commercial vehicles owned or leased by out of Province school districts to the category of vehicles exempted from the requirement to pay permit fees.
Court Order Interest Act
(Ministry of Attorney General)
SECTION 2: provides that prejudgment interest on income loss arising from personal injury or death is to be calculated only on the amount of the income loss remaining unpaid after taking into account every payment made in respect of the income loss.
SECTION 3: provides that prejudgment interest is not to be awarded on non-pecuniary damages for personal injury or death.
Creditor Assistance Act
(Ministry of Finance and Corporate Relations)
SECTION 4: broadens the class of institutions in which deposits may be made under section 45 of the Creditor Assistance Act to include all savings institutions.
Drainage, Ditch and Dyke Act
(Ministry of Environment, Lands and Parks)
SECTION 5: broadens the class of institutions in which deposits may be made under section 67 of the Drainage, Ditch and Dyke Act to include all savings institutions.
Insurance (Motor Vehicle) Act
(Ministry of Transportation and Highways)
SECTION 6: changes the deductible amount applicable to hit and run accident claims from $150 to an amount to be set by regulation.
SECTION 7: permits the making of a regulation to set the deductible amount applicable to hit and run accident claims.
Land Surveyors Act
(Ministry of Environment, Lands and Parks)
SECTION 8: broadens the class of institutions in which deposits may be made under section 33 (d) of the Land Surveyors Act to include all savings institutions.
Land Title Act
(Ministry of Attorney General)
SECTION 9: permits a registrar of land titles, upon request, to duplicate and return an original instrument or document to the person who submitted it for registration.
SECTION 10: clarifies that an instrument or document tendered must be the original instrument or document.
SECTION 11: is consequential to the amendment made to section 38 of the Land Title Act.
SECTION 12: provides that loss or damage suffered by an owner of an air space parcel is compensable out of the assurance fund under the Land Title Act.
Liquor Distribution Act
(Ministry of Attorney General)
SECTION 13: permits liquor to be shipped directly from a manufacturer, warehouse or liquor store to a liquor store or agency store.
Ombudsman Act
(Ministry of Attorney General)
SECTION 14: provides protection for anyone who complains to the Ombudsman or assists the Ombudsman in an investigation or inquiry.
SECTION 15: makes the contravention of the proposed section 15.1 of the Ombudsman Act an offence.
Personal Property Security Act
(Ministry of Government Services)
SECTION 16: restricts references in section 3 of the Act to transfers, consignments and leases that do not secure payment or performance of an obligation.
Railway Act
(Ministry of Transportation and Highways)
SECTION 17: broadens the class of institutions in which deposits may be made under sections 79 (3) (d) and 81 (1) of the Railway Act to include all savings institutions.
SECTION 18: ensures that the limitations placed on prejudgment interest awards under sections 1 and 2 of the Court Order Interest Act apply to all actions, whether commenced before or after the coming into force of sections 2 and 3 of this Bill.
SECTION 19: applies section 3 of the Personal Property Security Act to existing security agreements.
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