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

BILL 80 -- 1993

MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 1993

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

 
Blind Persons Contribution Act

1 The Blind Persons Contribution Act, R.S.B.C. 1979, c. 28, is repealed.

 
Bonding Act

2 Section 2 (1) of the Bonding Act, S.B.C. 1993, c. 8, is amended by striking out "This Act applies only to bonds required or permitted under another Act if the other Act" and substituting "This Act applies only to bonds required or permitted under another enactment if the other enactment".

3 Section 11 (2) is amended by striking out paragraph (c) and substituting the following:

(c) respecting a matter referred to in section 2 (1) (a) or 3 (2).

 
British Columbia Transit Act

4 Section 3 (1) of the British Columbia Transit Act, R.S.B.C. 1979, c. 421, is amended

(a) by adding ", on its own or through one or more subsidiaries incorporated by it or on its behalf," after "objects of the authority are to", and

(b) by striking out "and to provide for the maintenance and operation of those systems" and substituting "to provide for the maintenance and operation of those systems and, with the approval of the minister, to pursue commercial opportunities and undertake or enter into commercial ventures in respect of those systems and the authority's assets and resources".

5 Section 24 is amended by adding "and" at the end of paragraph (g) and by adding the following:

(g.1) respecting the attribution and distribution of revenue coming into the hands of the authority, .

 
Criminal Injury Compensation Act

6 Section 23 (1) of the Criminal Injury Compensation Act, R.S.B.C. 1979, c. 83, is amended by striking out "before March 1" and substituting "on or before March 25".

 
Family Relations Act

7 Section 16 (2) and (3) of the Family Relations Act, R.S.B.C. 1979, c. 121, is repealed and the following substituted:

(2) A party may appeal to the Supreme Court from an order of the Provincial Court made under this Act, except an interim order.

(3) The time limit for bringing an appeal under subsection (2) is 40 days, beginning on the day after the order of the Provincial Court is made.

(4) An appeal is brought by doing the following:

(a) filing a notice of appeal in a registry of the Supreme Court;

(b) serving a copy of the notice of appeal on the parties to the proceeding in which the order of the Provincial Court was made, unless a judge of the Supreme Court orders otherwise;

(c) filing a copy of the notice of appeal in the registry of the Provincial Court at the location where the order was made.

(5) The Rules of Court apply to an appeal under subsection (2) to the extent that they are consistent with this section.

(6) After hearing the appeal, the Supreme Court may do one or more of the following:

(a) confirm the order of the Provincial Court;

(b) set aside the order of the Provincial Court;

(c) make any order that the Provincial Court could have made;

(d) direct the Provincial Court to conduct a new hearing.

(7) On application, the Supreme Court may extend the time limit for bringing an appeal.

8 Section 72 is amended by striking out "Subject to this Act and the regulations," and substituting "Subject to this Act and the Provincial Court (Family) Rules,".

 
Financial Administration Act

9 Section 20 (6) of the Financial Administration Act, S.B.C. 1981, c. 15, is repealed and the following substituted:

(6) The estimates of revenue and expenditure for a fiscal year shall include a schedule showing authorized staff utilization for that fiscal year and the actual staff utilization for the immediately preceding fiscal year.

(6.1) Total actual staff utilization for a fiscal year shall not exceed the authorized staff utilization set out in the estimates of revenue and expenditure for that year, except with the approval of the Lieutenant Governor in Council.

(6.2) For the purposes of subsections (6) and (6.1), "staff" means those individuals appointed pursuant to the Public Service Act.

 
Health Act

10 Section 5 of the Health Act, R.S.B.C. 1979, c. 161, is amended by renumbering the section as section 5 (1) and by adding the following subsections:

(2) A regulation under subsection (1) (mm) may

(a) delegate to a municipality a power of inspection, regulation or control under the regulation, including the power to establish a permit scheme and retain permit fees, if the municipality requests it, and the criteria under paragraph (b) are met,

(b) specify criteria that a municipality must meet before its request under paragraph (a) will be considered, and

(c) specify the terms and conditions that a municipality must meet in the exercise of a power delegated under paragraph (a) and the reporting and audit requirements with which a municipality must comply while a delegation under paragraph (a) applies to the municipality.

(3) If a person is aggrieved by

(a) the issue or the refusal of a permit for a sewage disposal system,

(b) the authorization to use, operate or cover a sewage disposal system,

(c) the refusal to authorize the use, operation or covering of a sewage disposal system, or

(d) a term or condition attached to a permit or authorization described in paragraph (a) or (b), under a regulation made under subsection (1) (mm), the person may appeal that ruling to the Environmental Appeal Board established under section 11 of the Environment Management Act within 30 days of the ruling.

(4) On hearing an appeal under subsection (3), the Environmental Appeal Board may confirm, vary or rescind the ruling under appeal.

 
Health Emergency Act

11 The following section is added to the Health Emergency Act, R.S.B.C. 1979, c. 162:

Immunity for acts or omissions in good faith

5.4 (1) No action for damages lies or may be brought against the commission, against a member of the commission or of the board or against a person appointed under section 4 because of anything done or omitted in good faith

(a) in the performance or intended performance of any duty or function under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

 
Hotel Room Tax Act

12 Section 34 (1) (b) of the Hotel Room Tax Act, R.S.B.C. 1979, c. 183, is amended by adding ", and may prescribe different methods, conditions or requirements for different classes of persons" after "affecting collection and remittance".

 
Inflation Control Act

13 The Inflation Control Act, R.S.B.C. 1979, c. 197, is repealed.

 
Interpretation Act

14 Section 29 of the Interpretation Act, R.S.B.C. 1979, c. 206, is amended by adding the following definition:

"trust company" means

(a) a trust company, or

(b) an extraprovincial trust corporation authorized under the Financial Institutions Act to carry on trust business, deposit business or both; .

 
Limitation Act

15 Section 13 of the Limitation Act, R.S.B.C. 1979, c. 236, is amended by renumbering the section as section 13 (1) and by adding the following subsection:

(2) If section 3 (3) (k) (i) applies to an action described in subsection (1) of this section, the court must apply section 3 (3) despite subsection (1) of this section.

16 Section 14 is amended by adding the following subsection:

(6) This section does not apply to an action or cause of action to which section 3 (3) (k) (i) applies.

 
Lottery Corporation Act

17 Section 1 of the Lottery Corporation Act, S.B.C. 1985, c. 50, is amended by adding the following definitions:

"lottery" has the same meaning as "lottery scheme" in the Criminal Code;

"lottery ticket" includes any receipt or other record provided to a person participating in a lottery by which the person is, at the time of purchasing the record or at a later time, able to determine, from the face of the record or by comparing the information shown on the face of the record with information provided from another source, whether the person has won a prize, including, without limitation, a sum of money, as a result of the person's participation in the lottery.

18 Section 4 is amended by striking out "and" at the end of paragraph (c) and by adding the following:

(c.1) where authorized by the minister, to enter into agreements with a person regarding any lottery conducted or managed on behalf of the government, and .

19 Section 8 is repealed and the following substituted:

Application of revenue

8 The net profits of the corporation after provision for prizes, the payment of expenses of operations and any payments the corporation is obliged to make under agreements entered into in respect of lotteries under section 4 (b) or (c.1) shall be paid into the consolidated revenue fund at the times and in the manner directed by the Lieutenant Governor in Council.

20 The following section is added:

Regulations of the Lieutenant Governor in Council

10.1 (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the resale of lottery tickets.

 
Miscellaneous Statutes Amendment Act (No. 2), 1991

21 (1) Section 20 (3) of the Miscellaneous Statutes Amendment Act (No. 2), 1991, S.B.C. 1991, c. 14, is amended by striking out "section 16" and substituting "section 19".

(2) Subsection (1) is retroactive to the extent necessary to give effect to its provisions on and after June 27, 1991 and no action taken by a dependant of a deceased worker under section 20 (3) of the Miscellaneous Statutes Amendment Act (No. 2), 1991 is open to challenge solely on the grounds that section 20 (3) of the Miscellaneous Statutes Amendment Act (No. 2), 1991 did not make reference to section 19 of the Miscellaneous Statutes Amendment Act (No. 2), 1991 at the time the action was taken.

 
Motor Fuel Tax Act

22 Section 60 (1) (c) of the Motor Fuel Tax Act, S.B.C. 1985, c. 76, is amended by adding ", and may prescribe different methods, conditions or requirements for different classes of persons" after "affecting the payment and remittance of tax".

 
Provincial Court Act

23 Sections 11 to 11.2 of the Provincial Court Act, R.S.B.C. 1979, c. 341, are repealed and the following substituted:

Pension

11 (1) Subject to this section and sections 11.1 and 11.2, the Pension (Public Service) Act applies to every judge.

(2) On or after attaining

(a) age 55 and after at least 5 years' service, or

(b) age 65, a judge who on or after January 1, 1993 was or is retired or removed from office must be granted an annual pension under the Pension (Public Service) Act if he or she is otherwise entitled to superannuation payments under that Act.

(3) A judge who retires before attaining age 60 may elect to defer until age 60 the pension to which he or she is entitled under this section.

(4) In the calculation of the superannuation allowance to which a judge is entitled under this section, each year of service as a judge must be counted as 1 1/2 years of pensionable service.

Application of Pension (Public Service) Act

11.1 (1) If a judge who has served at least 5 years is removed from office because of a physical or mental disability, section 19 of the Pension (Public Service) Act applies, and the judge is entitled to a superannuation allowance commencing on the first day of the month following the removal.

(2) If a judge who has served at least 5 years dies in office, section 20 of the Pension (Public Service) Act applies, and the surviving spouse of the judge is entitled to a superannuation allowance commencing on the first day of the month following the death.

(3) Despite the definition of "highest average salary" in section 1 (1) of the Pension (Public Service) Act, for the purposes of calculating under section 19 of that Act the amount of the superannuation allowance to which a judge is entitled under this section or section 11 of this Act, the highest average salary for a judge is deemed to be the judge's average monthly salary during the 36 months of service in which he or she received his or her highest salary.

(4) Despite section 18 of the Pension (Public Service) Act, the superannuation allowance to which a judge is entitled under this section or section 11 of this Act must not be reduced by 5% for each year that the judge's age is less than 60 years.

Provisions specific to supernumerary judges

11.2 (1) A supernumerary judge may elect to continue contributing to the Public Service Superannuation Fund as if he or she were still receiving the salary, as varied from time to time, of a full time judge.

(2) Each year served as a supernumerary judge by a judge who makes an election under subsection (1) must be counted as one year of service as a full time judge for the purpose of calculating the judge's pension on ceasing to hold office.

(3) If a supernumerary judge does not make an election under subsection (1),

(a) the judge's years of service as a supernumerary judge do not count in the calculation of his or her pension, and

(b) the judge may not continue to contribute to the Public Service Superannuation Fund.

 
School Act

24 Section 158 (3) and (4) of the School Act, S.B.C. 1989, c. 61, is amended by striking out "section 170 (5)" wherever it appears and substituting "section 170 (6.1)".

 
Sheriff Act

25 Section 2.1 (1) of the Sheriff Act, R.S.B.C. 1979, c. 386, as enacted by section 19 of the Attorney General Statutes Amendment Act, 1992, S.B.C. 1992, c. 31, is repealed and the following substituted:

(1) The minister or a person designated in writing by the minister may appoint a person as a court bailiff.

(1.1) A court bailiff appointed under subsection (1) is deemed to be a sheriff for the purposes of any provision in any enactment that confers on a sheriff any powers, rights or duties in respect of civil execution proceedings including, without limitation, powers, rights and duties of a sheriff respecting the following:

(a) the execution of writs, warrants, court orders and other process issued or made in civil proceedings;

(b) levies, seizures or dispositions permitted under an enactment;

(c) maintaining records relative to judgments and executions;

(d) searching the records referred to in paragraph (c) and providing

(i) information from the records,

(ii) extracts from the records,

(iii) copies of the records, and

(iv) certificates in respect of the records;

(e) fees or other payments for services rendered.

(1.2) Nothing in this section authorizes a court bailiff to execute court orders to arrest persons.

 
Social Service Tax Act

26 Section 37 (2) (c) of the Social Service Tax Act, R.S.B.C. 1979, c. 388, is amended by adding ", and may prescribe different methods, conditions or requirements for different classes of persons" after "affecting collection and remittance".

 
Taxation (Rural Area) Act

27 Section 38 of the Taxation (Rural Area) Act, R.S.B.C. 1979, c. 400, is amended by adding the following subsections:

(8) Every notice given under subsection (3) before September 29, 1992 is deemed to comply and to have always complied with the requirements of subsection (6) (c) and (e).

(9) Without limiting the generality of subsection (8), every notice given under subsection (3) before September 29, 1992 is deemed

(a) to state and to have always stated that the property in respect of which the notice was given would forfeit under this section on December 1 in the year in which the notice was given, and

(b) to state and to have always stated that on forfeiture under this section, the property in respect of which the notice was given would vest in the Province clear of all charges other than those set out in section 255 (2) of the Land Title Act.

 
Tobacco Tax Act

28 Section 31 (1) (b) of the Tobacco Tax Act, R.S.B.C. 1979, c. 404, is amended by adding ", and may prescribe different methods, conditions or requirements for different classes of persons" after "affecting the collection and remittance".

 
Workplace Act

29 Section 2 of the Workplace Act, S.B.C. 1985, c. 34, is amended by adding the following subsection:

(4) Sections 45 to 47, 50 to 52 and 72 to 78 of the Workers Compensation Act apply for the purposes of the administration of this Act.

30 Section 4 is amended

(a) in subsection (1) by striking out "Lieutenant Governor in Council" and substituting "board",

(b) by repealing subsection (1) (d) and substituting the following:

(d) providing for the enforcement of decisions, orders or rulings made, and of penalties imposed, by a person under this Act and for appeals from these decisions, orders, rulings and penalties, and , and

(c) by adding the following subsections:

(2.1) Before making a regulation under this section the board must hold public hearings on the proposed regulation.

(2.2) Notice by publication in 2 newspapers in general circulation throughout British Columbia must be given of public hearings under subsection (2.1) not less than 10 days before the public hearings.

31 Section 6 (3) is amended by striking out "chairman" wherever it appears and substituting "president".

Transitional

32 For the purpose of section 20 (6.1) of the Financial Administration Act as enacted by section 9 of this Act, authorized staff utilization, otherwise determined as the number set out in the estimates of revenue and expenditure for that year shall, for the 1993/94 fiscal year, be the number prescribed by the Lieutenant Governor in Council, in accordance with section 20 (6.2) of the Financial Administration Act.

Transitional

33 Nothing in section 27 applies to validate a notice that was, before the coming into force of section 27, found by a court of competent jurisdiction to have failed to meet the requirements of section 38 (6) of the Taxation (Rural Area) Act.

Commencement

34 (1) Section 14 is deemed to have come into force on June 30, 1992 and is retroactive to the extent necessary to give it effect on and after that date.

(2) Sections 1, 4, 5, 7 to 10, 17 to 20 and 29 to 31 come into force by regulation of the Lieutenant Governor in Council.

(3) Section 23 is deemed to have come into force on January 1, 1993 and is retroactive to the extent necessary to give it effect on and after that date.

 
Explanatory Notes

Blind Persons Contribution Act
(Ministry of Government Services)

SECTION 1: repeals an Act that is no longer used to regulate fund raising on behalf of blind or partially blind persons.

Bonding Act
(Ministry of Finance and Corporate Relations)

SECTION 2: clarifies that the Act applies to bonds required or permitted under an Act or a regulation.

SECTION 3: adds a cross reference.

British Columbia Transit Act
(Ministry of Finance and Corporate Relations)

SECTION 4: clarifies that the authority can act through subsidiaries and that the authority can take advantage of commercial opportunities approved by the minister.

SECTION 5: permits regulations to be made respecting the revenue obtained by the authority.

Criminal Injury Compensation Act
(Ministry of Attorney General)

SECTION 6: changes the required date for annual reports by the Workers' Compensation Board to be consistent with the required date for annual reports under the Workers Compensation Act.

Family Relations Act
(Ministry of Attorney General)

SECTION 7: clarifies the procedure for appealing to the Supreme Court from an order of the Provincial Court by setting out the procedure in section 16 of the Family Relations Act, instead of by incorporating the appeal provisions of the Offence Act.

SECTION 8: corrects a reference in section 72 of the Family Relations Act.

Financial Administration Act
(Ministry of Finance and Corporate Relations)

SECTION 9: repeals and replaces section 20 (6) to require authorized staff utilization for the government to be included in the estimates, and to require approval of the Lieutenant Governor in Council if the actual staff utilization will exceed the authorized staff approved.

Health Act
(Ministry of Health and Ministry Responsible for Seniors)

SECTION 10: allows the Lieutenant Governor in Council to delegate to a municipality under a regulation for the purposes of health protection a power of inspection, regulation or control requested by the municipality over commercial or industrial premises or over the location, design, installation, construction, operation and maintenance of septic tanks, waterworks systems, sewage disposal systems, public or commercially operated swimming pools, commercial campsites and manufactured home and trailer parks.

Health Emergency Act
(Ministry of Health and Ministry Responsible for Seniors)

SECTION 11: This section makes the Emergency Health Services Commission, the members and staff of the commission and the members of the Emergency Medical Assistants Licensing Board immune from being sued for the things they do or omit doing in good faith for the purposes of the Health Emergency Act. However, the Provincial government remains vicariously liable for the consequences of these acts or omissions.

Hotel Room Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 12: clarifies that the Lieutenant Governor in Council may, by regulation, specify different remittance requirements for different classes of collectors.

Inflation Control Act
(Ministry of Labour and Consumer Services and Ministry Responsible for Constitutional Affairs)

SECTION 13: repeals the Inflation Control Act to reflect the repeal of the Anti-Inflation Act (Canada).

Interpretation Act
(Ministry of Attorney General)

SECTION 14: retroactively restores and refines the previously repealed definition of "trust company", for certainty in statutes that continue to use the defined term and for consistency with the fact that the Interpretation Act also defines "bank" and "credit union".

Limitation Act
(Ministry of Attorney General)

SECTIONS 15 and 16: ensure that where a cause of action is based on misconduct of a sexual nature occurring while a person was a minor, the limitation period for bringing a proceeding in that cause will not be limited by (a) the law of a jurisdiction other than British Columbia, or (b) the fact the cause of action arose before July 1, 1975.

Lottery Corporation Act
(Ministry of Government Services)

SECTION 17: adds definitions of "lottery" and "lottery ticket".

SECTION 18: adds, as an object of the corporation, the entering into of agreements on behalf of the government.

SECTION 19: clarifies that the amounts required to satisfy the corporation's payment obligations under the agreements it has entered into must be deducted from the revenues realized from the lotteries it conducts or manages and that the net profits of the corporation must be paid into the consolidated revenue fund.

SECTION 20: provides for regulations to be made by the Lieutenant Governor in Council, including regulations respecting the resale of lottery tickets.

Miscellaneous Statutes Amendment Act (No. 2), 1991
(Ministry of Labour and Consumer Services and Ministry Responsible for Constitutional Affairs)

SECTION 21: corrects a section reference in a transitional provision in section 20 (3) of the Miscellaneous Statutes Amendment Act (No. 2), 1991. That provision deals with appeals under section 91 of the Workers Compensation Act, concerning the cause of death of a deceased worker.

Motor Fuel Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 22: clarifies that the Lieutenant Governor in Council may, by regulation, specify different remittance requirements for different classes of collectors.

Provincial Court Act
(Ministry of Attorney General)

SECTION 23: repeals sections 11 to 11.2 of the Provincial Court Act which provide for pensions of Provincial Court judges, and substitutes new provisions to implement recommendations of the Select Standing Committee on Justice, Constitutional Affairs and Intergovernmental Relations.

School Act
(Ministry of Education and Ministry Responsible for Multiculturalism and Human Rights)

SECTION 24: corrects a cross reference error.

Sheriff Act
(Ministry of Attorney General)

SECTION 25: clarifies that court bailiffs are to have all of the rights, powers and duties provided to a sheriff by an enactment in relation to civil execution proceedings and specified matters.

Social Service Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 26: clarifies that the Lieutenant Governor in Council may, by regulation, specify different remittance requirements for different classes of collectors.

Taxation (Rural Area) Act
(Ministry of Finance and Corporate Relations)

SECTION 27: validates notices given under section 38 (3) of the Taxation (Rural Area) Act that might otherwise not have strictly complied with section 38 (6) (c) and (e) of that Act.

Tobacco Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 28: clarifies that the Lieutenant Governor in Council may, by regulation, specify different remittance requirements for different classes of collectors.

Workplace Act
(Ministry of Labour and Consumer Services and Ministry Responsible for Constitutional Affairs)

SECTIONS 29 and 30: amend the Workplace Act to extend the scope of administration of the Workers' Compensation Board to include the power to

Regulations will be made under the Workplace Act after a public hearing.

SECTION 31: amends section 6 (3) of the Act to reflect current structure of the Workers' Compensation Board.

SECTION: 32 allows the authorized staff utilization under the Financial Administration Act to be prescribed by regulation for the 1993/94 fiscal year.

SECTION 33: clarifies that section 38 of the Taxation (Rural Area) Act does not validate any notice that a court of competent jurisdiction has already determined did not comply with section 38 (6) of the Taxation (Rural Area) Act.


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