1993 Legislative Session: 2nd Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 29th day of June, 1993
Ian D. Izard, Law Clerk.


HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL

BILL 27 -- 1993

MISCELLANEOUS STATUTES AMENDMENT ACT, 1993

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

 
Commercial Transport Act

1 Section 11 of the Commercial Transport Act, R.S.B.C. 1979, c. 55, is repealed and following substituted:

Government, municipal and school vehicles exempt

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.

 
Court Order Interest Act

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.

 
Creditor Assistance Act

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".

 
Drainage, Ditch and Dyke Act

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".

 
Insurance (Motor Vehicle) Act

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.

 
Land Surveyors Act

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".

 
Land Title Act

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," .

 
Liquor Distribution Act

13 Section 14 of the Liquor Distribution Act, R.S.B.C. 1979, c. 238, is repealed and the following substituted:

Direct shipping

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.

 
Ombudsman Act

14 The Ombudsman Act, R.S.B.C. 1979, c. 306, is amended by adding the following section:

Protection

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.

 
Personal Property Security Act

16 Section 3 of the Personal Property Security Act, S.B.C. 1989, c. 36, is repealed and the following substituted:

Scope of Act: security interests that do not secure payment or performance of an obligation

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.

 
Railway Act

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".

Transitional

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.

Application

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.

Commencement

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.


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