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1 Sections 10 to 16 of the Constitution Act, R.S.B.C. 1979, c. 62, are repealed and the following substituted:
10 (1) The Executive Council is composed of the persons the Lieutenant Governor appoints including the Premier of British Columbia who is president of the Executive Council.
(2) From among the persons appointed under subsection (1), the Lieutenant Governor in Council must designate
(a) the other officials with portfolio and the portfolio of each of these officials, and
(b) the officials without portfolio.
(3) The Lieutenant Governor in Council may specify by regulation that a reference in an Act to the name or title of office of an official appointed under this section is deemed to be a reference to another name or title of office.
(4) The Lieutenant Governor in Council may authorize by regulation a seal of office for a portfolio and designate the name by which that seal may be known.
(5) A seal authorized under subsection (4) may be reproduced on behalf of the government of British Columbia on any document by any method of reproduction and if so reproduced it has the same effect as a reproduction of the Great Seal.
10.1 One or more of the portfolios designated under section 10 must include the following powers, duties and functions:
(a) exercising the powers, duties and functions assigned to Provincial Secretaries and registrars of a province by law or custom insofar as these powers, duties and functions are applicable to British Columbia;
(b) exercising the powers, duties and functions conferred on the Colonial Secretary by enactments enacted before April 11, 1872;
(c) keeping the Great Seal and issuing all letters patent, commissions and other documents under the Great Seal;
(d) countersigning commissions under the Great Seal, all of which must run in Her Majesty's name;
(e) registering, as the Provincial Registrar of British Columbia, all instruments of summons, commissions, letters patent, writs and other instruments issued under the Great Seal;
(f) preserving true copies of all orders in council and minutes of the Executive Council.
10.2 One or more of the portfolios designated under section 10 must include the following powers, duties and functions:
(a) acting as the official legal adviser of the Lieutenant Governor and as the legal member of the Executive Council;
(b) ensuring that the administration of public affairs is in accordance with law;
(c) superintending all matters connected with the administration of justice in British Columbia that are not within the jurisdiction of the government of Canada;
(d) advising on the legislative acts and proceedings of the Legislature and generally advising the Crown on all matters of law at the request of the Crown;
(e) exercising those powers, duties and functions which belong to the offices of the Attorney General or the Solicitor General of England by law or usage, so far as these powers, duties and functions are applicable to British Columbia;
(f) exercising those powers, duties and functions which, by the laws of Canada or of British Columbia, are to be administered and carried into effect by the government of British Columbia and belong to the office of the Attorney General or the Solicitor General;
(g) advising the heads of the ministries of the government of British Columbia on all matters of law connected with the ministries;
(h) settling all instruments issued under the Great Seal;
(i) exercising responsibility for all matters relating to correctional centres and similar places of involuntary confinement in British Columbia, for the protection of the community and for the treatment of persons who offend against the law;
(j) regulating and conducting all litigation for or against the Crown or any ministry in respect of any subject within the authority or jurisdiction of the Legislature.
10.3 One or more of the portfolios designated under section 10 must include the following powers, duties and functions:
(a) managing and administering the consolidated revenue fund;
(b) supervising the revenues and expenditures of the government of British Columbia;
(c) developing and implementing the fiscal policy of the government of British Columbia;
(d) supervising, controlling and directing all financial affairs of the government that are not assigned to Treasury Board or another person.
11 (1) The Lieutenant Governor in Council may appoint any member of the Executive Council to be an acting minister in place of another member while that other member is absent from Victoria or is unable through illness or injury to perform the duties of the office or for any matter with respect to which the member has a conflict of interest or apparent conflict of interest as defined in the Members' Conflict of Interest Act.
(2) All acts of an acting minister have the same effect as if done by the minister in whose place the acting minister is acting.
(3) The Lieutenant Governor in Council may appoint a member of the Legislative Assembly to be the parliamentary secretary to a member of the Executive Council.
12 The Lieutenant Governor in Council may determine the organization of the executive government of British Columbia and the various ministries and, to that end, may
(a) establish, vary or disestablish a ministry, or
(b) name or rename a ministry.
13 (1) A power, duty or function of the government established by the laws in force in British Columbia and not transferred under this section or specifically designated as part of a portfolio is deemed to be assigned to the official appointed under section 10 holding a portfolio appropriate to the exercise of that power, duty or function.
(2) A power, duty or function of an official appointed under section 10 may be transferred by regulation of the Lieutenant Governor in Council to another official appointed under section 10 and the official to whom the transfer is made may exercise or discharge the power, duty or function
(a) under the title of office of the official from whom the transfer was made, or
(b) under the title of office of the official to whom the transfer was made.
14 If a power, duty or function of an official appointed under section 10 is given to another official appointed under that section, the Lieutenant Governor in Council may transfer all or a part of the unexpended money or other resources payable or applicable for the purposes of the power, duty or function to be expended or used for these purposes by the other official.
15 (1) An official appointed under section 10, or the deputy minister for that official, may delegate in writing a power, duty or function of the portfolio to any public service employee in the ministry of that official.
(2) Whether or not a delegation of a power, duty or function has been made by an official under subsection (1), the power may be exercised, or the duty or function may be performed, by any appropriate public service employee in the ministry of the official if this falls within the scope of the employee's employment.
(3) A delegation under subsection (1) is subject to any restrictions that the official, or the deputy minister for that official, specifies or that the Lieutenant Governor in Council establishes.
(4) In addition to any restrictions applicable under subsection (3), a public service employee acting by delegation made under this section is bound by the same restrictions which bind the official appointed under section 10.
(5) Section 23 of the Interpretation Act is not limited by this section.
(6) This section does not authorize an official appointed under section 10 to delegate the capacity to
(a) enact a regulation as defined in the Regulations Act, or
(b) authorize a person to make a regulation.
16 (1) An official appointed under section 10 may enter on behalf of the government of British Columbia into any agreement with any person or the government of any country or part of a country, of Canada, of another province or with a municipality, improvement district, regional district, school district or other local authority if the subject matter of the agreement is within the official's portfolio and the making of the agreement falls within the constitutional capacity of the government of British Columbia.
(2) An agreement with another governmental body described by subsection (1) is not binding on the government of British Columbia or on the official who entered into the agreement on behalf of the government of British Columbia unless the agreement, or the class of agreement within which the agreement falls, is approved or ratified by the Lieutenant Governor in Council or by Treasury Board.
16.1 (1) Each official for whom a portfolio is designated under section 10 (2) must submit each year to the Lieutenant Governor in Council a report for the fiscal year ending March 31 respecting the work of the ministry and the official must lay the report before the Legislative Assembly as soon as is practical.
(2) The Lieutenant Governor in Council may prescribe the form and content for the preparation of reports under subsection (1).
2 (1) The Attorney General Act, R.S.B.C. 1979, c. 23, is repealed.
(2) The Law and Equity Act, R.S.B.C. 1979, c. 224, is amended by adding the following sections:
65 (1) In this section "public body" means
(a) an agent of the Crown under an Act,
(b) a board, commission, council or other body of persons, whether or not incorporated, of which all the members, or all the members of the board of management or board of directors, are appointed by an Act, an order of the Lieutenant Governor in Council or a minister of the Crown, or
(c) a corporation, of which more than 50% of the shares or ownership is, directly or indirectly, vested in the Crown.
(2) A public body designated by the Attorney General must not retain, contract with or employ a person as a barrister or solicitor without the prior approval of the Attorney General or of a person designated by the Attorney General.
66 (1) If an Act establishes an incorporated or unincorporated organization and reserves a title or designation for the exclusive use of members of the organization, the organization may bring an action in its own name and does not require the consent of the Attorney General to seek injunctive relief against a person who is not a member in good standing and uses the title or designation or otherwise represents membership in good standing.
(2) The board of registration under the Social Workers Act is an organization to bring an action to restrain use of the designation reserved by that Act for the purposes of subsection (1).
3 Section 5 of the Financial Administration Act, S.B.C. 1981, c. 15, is repealed.
Ministry of Agriculture and Food Act
4 The Ministry of Agriculture and Food Act, S.B.C. 1980, c. 29, is amended
(a) by repealing its title and substituting the following:
AGRICULTURE AND FOOD ACT , and
(b) by repealing sections 1, 2, 5, 7 and 8.
5 The definition of "inspector" is amended by striking out "the Ministry of Agriculture and Food Act" and substituting "the Agriculture and Food Act" wherever it appears in section 1 of each of the following Acts:
(a) Agricultural Produce Grading Act, R.S.B.C. 1979, c. 11;
(b) Bee Act, R.S.B.C. 1979, c. 27;
(c) Fur Farm Act, R.S.B.C. 1979, c. 148;
(d) Livestock Brand Act, S.B.C. 1980, c. 25;
(e) Plant Protection Act, R.S.B.C. 1979, c. 329.
6 The Ministry of Consumer and Corporate Affairs Act, R.S.B.C. 1979, c. 269, is repealed.
7 The Ministry of Energy, Mines and Petroleum Resources Act, R.S.B.C. 1979, c. 270, is amended
(a) by repealing its title and substituting the following:
ENERGY, MINES AND PETROLEUM RESOURCES ACT ,
(b) by repealing section 1 and substituting the following:
1 In this Act "ministry" means the ministry of the member of the Executive Council charged under the Constitution Act with the administration of this Act. , and
(c) by repealing sections 2, 5 (d) and (e), 6 (b), 11 and 21.
8 Section 4 (2) (c) of the Highway Act, R.S.B.C. 1979, c. 167, is amended by striking out "the Ministry of Energy, Mines and Petroleum Resources Act" and substituting "the Energy, Mines and Petroleum Resources Act".
9 (1) The Ministry of Environment Act, S.B.C. 1980, c. 30, is repealed.
(2) The Environment Management Act, S.B.C. 1981, c. 14, is amended by adding the following sections:
2.1 The minister may establish committees or councils to advise the minister on the exercise of the powers, duties and functions of the minister and a person serving on a committee or council
(a) must be reimbursed for reasonable travelling and living expenses necessarily incurred in the work of the committee or council or, in the alternative, receive an allowance set by the minister for this purpose, and
(b) may be paid remuneration fixed by the minister.
2.2 The purposes and functions of the ministry are, under the direction of the minister, to administer matters relating to the environment including, without limiting the generality of the foregoing, matters relating to
(a) encouraging and maintaining an optimum quality environment through development of specific objectives for the management and protection of the land, water, air and living resources of British Columbia,
(b) undertaking inventories and planning, or assisting in planning, as required, for the effective management, protection and conservation of all water, land, air, plant life and animal life,
(c) managing, protecting and conserving all water, land, air, plant life and animal life, having regard to the economic and social benefits they may confer on British Columbia,
(d) setting standards for collecting, storing, retrieving, analyzing and making available environmental data,
(e) monitoring environmental conditions of specific developments and assessing and reporting to the minister on general environmental conditions in British Columbia,
(f) undertaking, commissioning and coordinating environmental studies,
(g) developing and sustaining public information and education programs to enhance public appreciation of the environment,
(h) planning for, designing, constructing, operating and maintaining structures necessary for the administration of this Act or for another purpose or function assigned by the Lieutenant Governor in Council, and
(i) planning for, coordinating, implementing and managing a program to protect the welfare of the public in the event of an environmental emergency or disaster.
5.1 The minister may
(a) acquire and dispose of real property, and
(b) despite the Purchasing Commission Act, acquire and dispose of personal property where the minister declares that an environmental emergency exists.
10 The Ministry of Forests Act, R.S.B.C. 1979, c. 272, is repealed.
11 (1) The definition of "chief forester" in section 1 of the Forest Act, R.S.B.C. 1979, c. 140, is amended by striking out "the Ministry of Forests Act" and substituting "the Public Service Act".
(2) The definition of "chief forester" in section 1 of the Personal Property Security Act, S.B.C. 1989, c. 36, is repealed and the following substituted:
"chief forester" means the chief forester appointed under the Public Service Act; .
(3) The definitions of "district manager" and "regional manager" are amended by striking out "the Ministry of Forests Act" and substituting "the Public Service Act" wherever it appears in section 1 of each of the following Acts:
(a) Forest Act, R.S.B.C. 1979, c. 140;
(b) Range Act, R.S.B.C. 1979, c. 355.
12 The Ministry of Health Act, R.S.B.C. 1979, c. 273, is repealed.
13 The Ministry of Industry and Small Business Development Act, R.S.B.C. 1979, c. 275, is repealed.
14 The Ministry of Intergovernmental Relations Act, S.B.C. 1980, c. 32, is repealed.
15 The Ministry of International Business and Immigration Act, S.B.C. 1990, c. 21, is amended
(a) by repealing its title and substituting the following:
BUSINESS IMMIGRATION ACT ,
(b) by repealing section 1 and substituting the following:
1 In this Act "ministry" means the ministry of the member of the Executive Council charged under the Constitution Act with the administration of this Act. ,
(c) by repealing section 2 (1) and (2),
(d) in section 3 by striking out "international business and" and substituting "business", and
(e) by repealing section 4 and substituting the following:
4 The purposes of the ministry of the minister charged with the administration of this Act include
(a) development of policy options and the making of recommendations to the government on business immigration,
(b) promotion and attraction of investment into British Columbia by developing and implementing business immigration policies and programs,
(c) management and coordination of government involvement in policy and program initiatives which have business immigration objectives,
(d) development of a plan for and management of the Provincial role in business immigration, including the selection and settlement of business immigrants to British Columbia, and
(e) performance of other duties relating to immigration that may be assigned by the Lieutenant Governor in Council. ,
(f) in section 5 (a) by striking out "trade, investment and" and substituting "business", and
(g) by repealing sections 6 and 11.
16 The Ministry of International Trade, Science and Investment Act, S.B.C. 1985, c. 30, is repealed.
17 The Ministry of Labour Act, R.S.B.C. 1979, c. 276, is amended
(a) by repealing its title and substituting the following:
LABOUR ACT , and
(b) by repealing sections 1, 2, 3 (e) and (g) and 9 and substituting the following section:
1 In this Act "ministry" means the ministry of the member of the Executive Council charged under the Constitution Act with the administration of this Act.
18 (1) The Ministry of Lands, Parks and Housing Act, R.S.B.C. 1979, c. 277, is amended
(a) by repealing its title and substituting the following:
LANDS, PARKS AND HOUSING ACT ,
(b) by repealing the definition of "ministry" in section 1 and substituting the following:
"ministry" means the ministry of the member of the Executive Council charged under the Constitution Act with the administration of this Act; , and
(c) by repealing sections 2 (1) and (2), 3, 4, 6 and 12.
(2) The Land Act, R.S.B.C. 1979, c. 214, is amended by striking out "the Ministry of Lands, Parks and Housing Act" wherever it appears and substituting "the Lands, Parks and Housing Act"
(a) in the definition of "commissioner" in section 1, and
(b) in sections 51 (1.1) and 101 (3).
19 The Ministry of Municipal Affairs Act, R.S.B.C. 1979, c. 278, is repealed.
20 (1) The Ministry of Provincial Secretary and Government Services Act, R.S.B.C. 1979, c. 279, is repealed.
(2) The Evidence Act, R.S.B.C. 1979, c. 116, is amended by adding the following section:
34.1 (1) In this section
"document" means a register, archive, instrument of summons, commission, letters patent, writ or other instrument;
"member" means a member of the Executive Council charged with powers, duties or functions as the Provincial Registrar of British Columbia under section 10.1 of the Constitution Act;
"statement" means a statement that a document is in the charge of a member as the Provincial Registrar of British Columbia.
(2) The signature of a member on a statement is proof of the statement in any court in British Columbia without proof of the signature, authority or official capacity of the member.
(3) A copy of a document signed by a member must be received in evidence as the equivalent to the original document in any court in British Columbia without proof of the signature, authority or official capacity of the member.
21 The Ministry of Social Services and Housing Act, R.S.B.C. 1979, c. 274, is repealed.
22 The Ministry of Tourism Act, S.B.C. 1980, c. 33, is repealed.
23 (1) The Ministry of Transportation and Highways Act, R.S.B.C. 1979, c. 280, is amended
(a) by repealing its title and substituting the following:
TRANSPORTATION AND HIGHWAYS ACT ,
(b) by repealing sections 1 to 4, 6 and 7,
(c) in section 8 by striking out ", under this Part,",
(d) by repealing sections 9, 10, 12, 14 to 17, 23 and 24,
(e) in section 50 by striking out "and sealed with the ministry seal", and
(f) by repealing sections 51 and 54 to 56.
(2) The following sections are amended by striking out "the Ministry of Transportation and Highways Act" wherever it appears and substituting "the Transportation and Highways Act":
(a) section 55 (2) (a) of the Expropriation Act, S.B.C. 1987, c. 23;
(b) section 12 (1) of the Ferry Corporation Act, R.S.B.C. 1979, c. 128;
(c) sections 99 and 159 (d) of the Forest Act, R.S.B.C. 1979, c. 140;
(d) section 42 (2) of the Highway Act, R.S.B.C. 1979, c. 167;
(e) section 2 (2) of the Libby Dam Reservoir Act, R.S.B.C. 1979, c. 233;
(f) section 11 (2) of the Riverbank Protection Act, R.S.B.C. 1979, c. 369.
(3) The definition of "deputy minister" in section 1 of the Railway Act, R.S.B.C. 1979, c. 354, is repealed and the following substituted:
"deputy minister" means a deputy of the member of the Executive Council charged with the administration of the Transportation and Highways Act; .
24 Section 181 of the School Act, S.B.C. 1989, c. 61, is repealed.
25 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill revises and consolidates sections 10 to 16 currently in the Constitution Act and amends corresponding provisions in other Acts that provide for: the organization of ministries of government; the powers, duties and functions of ministers and ministries; the preparation and tabling of annual ministers' reports to the Legislative Assembly and the making of Provincial government contracts with other governments. Outdated, overlapping and confusing references to these matters, and to ministries and ministers' titles, are removed.
SECTION 1: amends the Constitution Act.
SECTION 2: repeals the Attorney General Act.
SECTION 3: repeals section 5 of the Financial Administration Act.
SECTIONS 4 and 5: rename the Ministry of Agriculture and Food Act, repeal sections of that Act that are redundant considering the Constitution Act amendments and make consequential amendments to other Acts that refer to the renamed Act.
SECTION 6: repeals the Ministry of Consumer and Corporate Affairs Act as it is redundant considering the Constitution Act amendments.
SECTIONS 7 and 8: rename the Ministry of Energy, Mines and Petroleum Resources Act, repeal sections of that Act that are redundant considering the Constitution Act amendments and make consequential amendments to the Highway Act that refer to the renamed Act.
SECTION 9: repeals the Ministry of Environment Act and re-enacts certain provisions of that Act as part of the Environment Management Act.
SECTIONS 10 and 11: repeal the Ministry of Forests Act and make consequential amendments to other Acts.
SECTIONS 12 to 14: repeal the Ministry of Health Act, the Ministry of Industry and Small Business Development Act and the Ministry of Intergovernmental Relations Act as they are redundant considering the Constitution Act amendments.
SECTION 15: renames the Ministry of International Business and Immigration Act, repeals sections of that Act that are redundant in light of the Constitution Act amendments and clarifies references to business immigration in the renamed Business Immigration Act.
SECTION 16: repeals the Ministry of International Trade, Science and Investment Act as it is redundant considering the Constitution Act amendments.
SECTION 17: renames the Ministry of Labour Act, repeals sections of that Act that are redundant considering the Constitution Act amendments and makes consequential amendments.
SECTION 18: renames the Ministry of Lands, Parks and Housing Act, repeals sections of that Act that are redundant considering the Constitution Act amendments and makes consequential amendments to the Land Act and to the renamed Lands, Parks and Housing Act.
SECTION 19: repeals the Ministry of Municipal Affairs Act as it is redundant considering the Constitution Act amendments.
SECTION 20: repeals the Ministry of Provincial Secretary and Government Services Act as it is redundant considering the Constitution Act amendments. It also continues a provision of the repealed Act as part of the Evidence Act.
SECTIONS 21 and 22: repeal the Ministry of Social Services and Housing Act and the Ministry of Tourism Act as they are redundant considering the Constitution Act amendments.
SECTION 23: renames the Ministry of Transportation and Highways Act, repeals sections of that Act that are redundant considering the Constitution Act amendments and makes consequential amendments to other Acts that refer to the renamed Act.
SECTION 24: repeals section 181 of the School Act as it is redundant considering the Constitution Act amendments.
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