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 15th day of July, 1993
Ian D. Izard, Law Clerk.
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 10 of the Agricultural Land Commission Act, R.S.B.C. 1979, c. 9, is amended:
(a) by repealing subsection (3) and substituting the following:
(3) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission may
(a) approve all or part of the land described in the application for addition to a designated land reserve plan, and
(b) designate all or part of the land described in the application as or as part of an agricultural land reserve. ,
(b) in subsection (4) by adding ", if acting on the commission's own initiative," after "commission", and
(c) by repealing subsection (5) and substituting the following:
(5) On application by an owner of land the commission may designate all or part of the land described in the application as or as part of an agricultural land reserve if the commission considers that the designation carries out the intent of this Act.
2 Section 11 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission may exclude land from a reserve, on the terms it considers advisable.
(2) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission, without excluding the land from a reserve, may grant permission under section 15 (2), 16, 18 or 19 (2) in respect of the land that is the subject of the application, on any terms the commission considers advisable.
(2.1) It is a condition of permission granted under subsection (2) that the owner or occupier must comply with the applicable Acts, regulations, bylaws of the municipality or regional district, and the decisions and orders of any person or body having jurisdiction over the land under an enactment. , and
(b) in subsection (3) by adding ", or the commission if acting on its own initiative," after "the proposed applicant".
3 Section 13 is repealed.
4 Section 14 is repealed and the following substituted:
14 On land being excluded under this Act from a land reserve plan, the commission must amend the land reserve plan and notify the appropriate municipality, regional district and registrar of titles.
5 The following sections are added:
28.1 In sections 28.2 to 28.6 "board",
(a) during the period before the establishment of the Environmental Assessment Board under the Environmental Assessment Act, means a commissioner or commissioners appointed under the Inquiry Act for the purpose of inquiring into a matter described in section 28.2, and
(b) after the establishment of the Environmental Assessment Board under the Environmental Assessment Act, means the Environmental Assessment Board.
28.2 (1) If the Lieutenant Governor in Council considers it to be in the Provincial interest, the Lieutenant Governor in Council by order may refer to the board, for the purpose of a public hearing described in section 28.5, any of the following matters that is before the commission at the time of the order making the referral:
(a) an application under section 10 (3) or (5), 11 (1) or (2) or 12 (1);
(b) an application referred to in section 20 (1);
(c) where land is being considered by the commission on its own initiative for
(i) approval and designation under section 10 (3),
(ii) exclusion from a reserve under section 11 (1), or
(iii) the granting of the permission referred to in section 11 (2), the issues relating to the approval and designation, to the exclusion or to the permission, as the case may be.
(2) The Lieutenant Governor in Council must specify written terms of reference for the purpose of a public hearing by the board pertaining to a matter referred to the board under this section.
28.3 (1) For the purpose of giving the Lieutenant Governor in Council time to consider whether an order under section 28.2 is warranted in relation to a matter referred to in section 28.2 that is before the commission, the minister may order that the matter be suspended for a period, to be specified in the order, that is not longer than 90 days or any shorter period that is prescribed for the purpose of this subsection.
(2) An order of the minister under subsection (1) has effect and is binding on the commission and on any parties to a proceeding relating to matter that is the subject of the order until the expiry of the period specified in the order.
28.4 (1) On the date of an order under section 28.2 referring a matter to the board, the commission's powers and duties under this Act in relation to the matter that is the subject of the order are transferred to the Lieutenant Governor in Council to the extent necessary to enable the Lieutenant Governor in Council to act in accordance with section 28.6.
(2) An order under section 28.2 is final and binding.
28.5 (1) On receipt of and in accordance with the written terms of reference specified in conjunction with an order under section 28.2, the board, in accordance with the terms of reference, must conduct a public hearing of the probable environmental, economic, social, cultural and heritage effects, and, without limitation, the agricultural effects, of whichever of the following is the subject of the matter described in section 28.2 in respect of which the order was made:
(a) an approval and designation under section 10 (3);
(b) a designation under section 10 (5);
(c) an exclusion from a reserve under section 11 (1) or 12 (1);
(d) the granting or refusal of the permission referred to in section 11 (2) or 20 (1).
(2) On conclusion of the public hearing, the board must submit to the Lieutenant Governor in Council
(a) a written report in accordance with the written terms of reference specified under subsection (3), and
(b) a summary of the evidence received and submissions made in the course of any public hearing held in accordance with the terms of reference.
(3) Within 10 days after submitting its report under section 28.2, the board must publish the report in the prescribed manner.
28.6 (1) On receiving the board's report the Lieutenant Governor in Council by order may decide the outcome of the matter that is the subject of the order under section 28.2 by
(a) granting or refusing to grant the approval, designation, exclusion or permission applied for, in the case of a matter described in section 28.2 (1) (a) or (b), or
(b) making or deciding not to make the approval, designation, exclusion or permission that was under consideration by the commission on its own initiative, in the case of a matter described in section 28.2 (1) (c).
(2) The Lieutenant Governor in Council may attach conditions to an order made under this section.
(3) An order made under this section is final and binding.
6 Section 7 (1.3) of the Coal Act, R.S.B.C. 1979, c. 51, is repealed and the following substituted:
(1.3) If surface rights are restricted under this section, the minister must serve the licensee with a notice of the restriction.
7 Section 33 is repealed.
8 Section 36 (7) of the Company Act, R.S.B.C. 1979, c. 59, is repealed and the following substituted:
(7) The registrar may refuse to issue a certificate of continuation.
(8) An appeal lies from a decision of the registrar under subsection (7) to the commission.
9 Section 326 is repealed and the following substituted:
326 (1) The registrar may refuse to register an extraprovincial company.
(2) An appeal lies from a decision of the registrar under subsection (7) to the commission.
10 Section 29 of the Creston Valley Wildlife Act, R.S.B.C. 1979, c. 82, is repealed and the following substituted:
29 (1) An appeal lies to the management authority against
(a) an order given under section 14 (b) or (c), or
(b) the suspension or revocation of a permit by the delegate of the management authority.
(2) An appeal must be brought under subsection (1) within 7 days of the date of the order or suspension, as the case may be, and must be in writing delivered to the management authority.
11 Section 32 (4) of the Hospital District Act, R.S.B.C. 1979, c. 178, is repealed.
12 Section 19 (5) of the Mineral Land Tax Act, R.S.B.C. 1979, c. 260, is repealed.
13 Section 13 (4) of the Mineral Tenure Act, S.B.C. 1988, c. 5, is repealed.
14 Section 15 (3) is repealed and the following substituted:
(3) An order under subsection (1) must be served on the recorded holder.
15 Section 5 of the Motor Carrier Act, R.S.B.C. 1979, c. 286, is amended
(a) in subsection (1) by striking out "the commission thinks proper, the commission" and substituting "a panel of the commission consisting of one, 2 or 3 members thinks proper, the panel", and
(b) in subsections (2), (3), (4), (5) and (6) (a) and (b) by striking out "the commission" wherever it appears and substituting "panel of the commission".
16 Section 6 (1) is amended by striking out "commission" and substituting "a panel of the commission consisting of one, 2 or 3 members".
17 Section 7 is repealed and the following substituted:
7 A licence must not be assigned or transferred except with the approval of a panel of the commission consisting of one, 2 or 3 members, and subject to payment of the prescribed fee and to conditions the panel imposes.
18 Section 9 (1) is amended
(a) in subsection (1) by striking out "The commission" and substituting "A panel of the commission consisting of one, 2 or 3 members", and
(b) in subsection (2) by striking out "the commission may amend" and substituting "a panel of the commission consisting of one, 2 or 3 members may amend".
19 Section 31 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The Motor Carrier Commission is continued, consisting of not less than 7 persons who are to be appointed by the Lieutenant Governor in Council and hold office during pleasure. ,
(b) by repealing subsection (7), and
(c) by repealing subsection (9) and substituting the following:
(9) The Lieutenant Governor in Council must fix the remuneration of the commissioners and the terms and conditions of their appointments.
20 The following section is added:
31.2 (1) The chair may organize the commission into panels, each comprised of one or more members.
(2) The members of the commission may sit as a commission or as a panel of the commission.
(3) If members of the commission sit as a panel,
(a) one or more panels may sit at the same time,
(b) the panel has all the jurisdiction of and may exercise and perform the powers and duties of the commission, and
(c) an order, decision or action of the panel is an order, decision or action of the commission.
21 Section 39 is amended by striking out "The commission" and substituting "A panel of the commission consisting of one, 2 or 3 members".
22 Section 52 is repealed and the following substituted:
52 (1) On application by a person aggrieved by any of the decisions described in subsection (2), a panel of the commission consisting of 3 or more members, may grant leave to that person to apply for reconsideration of that decision, if the person satisfies the panel of the commission that
(a) evidence not available at the time of the original decision has become available, or
(b) there are probable grounds to believe that the decision is inconsistent with the principles expressed or implied in this Act or the regulations.
(2) The following are the decisions that may be the subject of an application under subsection (1) to a panel of the commission:
(a) the granting of a licence, in whole or in part, or the refusal to grant a licence, in whole or in part;
(b) the attachment of terms or conditions to a licence;
(c) an approval or refusal to approve the assignment or transfer of a licence;
(d) the amendment, suspension or cancellation of a licence;
(e) the determination of an application by or on behalf of any person complaining as set out in section 39.
(3) Leave to apply for reconsideration of any decision referred to in subsection (2) may be granted only once.
(4) An application under subsection (1) must be made within 30 days after the date of the decision that is the subject of the application.
(5) If an application for leave is made under subsection (1), another person affected by the decision that is the subject of that application may apply for leave under subsection (1) by the later of
(a) 30 days after the date of the decision that is the subject of the application, or
(b) 5 days after that person receives notice of the application by the aggrieved person referred to in subsection (1).
(6) On a reconsideration under this section, the panel of the commission may confirm, reverse, alter or vary the decision that is the subject of the application for reconsideration or make any other order as to the commission seems just.
(7) An application under this section must be made in accordance with the regulations.
(8) Except as provided in this section, the provisions of the Utilities Commission Act as to appeals on questions of jurisdiction and law apply to regulations, orders and decisions made by the commission under this Act.
(9) Despite section 40, a finding or determination of a panel whose decision is the subject of a reconsideration under this section on a question of fact does not bind the panel of the commission that reconsiders the decision.
(10) An appeal under this section to the Lieutenant Governor in Council that, on the day section 19 of the Cabinet Appeals Abolition Act comes into force, has been commenced but not disposed of must continue and be disposed of as though section 21 of that Act had not come into force.
23 Section 341 of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed and the following substituted:
341 (1) An appeal lies to the minister from a decision of the inspector under section 332 or 337.
(2) On an appeal under subsection (1), the minister must hear and determine the matter, and may confirm, rescind or amend the decision of the inspector.
(3) The determination on the appeal is conclusive and binding on all parties, including the inspector.
(4) The deputy minister may not hear or be involved in an appeal under this section.
24 Section 389 is amended
(a) in subsection (3) by striking out "Lieutenant Governor in Council" and substituting "Supreme Court", and
(b) by adding the following:
(4) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
25 Section 748 is repealed and the following substituted:
748 (1) An appeal lies to the minister from every decision of the inspector withholding or refusing a certificate applied for under this Part.
(2) On an appeal under subsection (1) the minister must hear and determine the matter, and may confirm or vary the decision of the inspector.
(3) The determination on the appeal is conclusive and binding on all parties, including the inspector.
(4) The deputy minister may not hear or be involved in an appeal under this section.
26 Section 942 (2) to (4) is repealed and the following substituted:
(2) If the council or regional board does not alter the bylaw or plan in accordance with the notice, the minister with the prior approval of the Lieutenant Governor in Council may order the bylaw or plan to be altered in accordance with the notice.
(3) On the date of an order of the minister under subsection (2) the bylaw or plan, as the case may be, is conclusively deemed to be altered in accordance with the notice.
(4) The order of the minister is final and binding.
27 Section 36 of the Mutual Fire Insurance Companies Act, R.S.B.C. 1960, c. 262, is amended
(a) by striking out "Lieutenant-Governor in Council" wherever it appears and substituting "the Supreme Court", and
(b) by striking out "he" in both places and substituting "the Supreme Court".
28 Section 7 (3) to (5) of the Name Act, R.S.B.C. 1979, c. 295, is repealed and the following substituted:
(3) If the director refuses to register a change of name, the applicant, within 30 days after receipt of notification of the refusal, may appeal the refusal to the Supreme Court.
29 Section 7 of the Natural Gas Price Act, S.B.C. 1989, c. 74, is repealed and the following substituted:
7 (1) If the minister cancels a permit, licence or lease under section 6 (2), the holder, not more than 30 days after the date of the cancellation, may appeal the minister's decision to the Supreme Court.
(2) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
30 Sections 22 and 23 of the Park Act, R.S.B.C. 1979, c. 309, are repealed.
31 Section 144 of the Petroleum and Natural Gas Act, R.S.B.C. 1979, c. 323, is repealed and the following substituted:
144 (1) If the minister cancels a permit, licence or lease under section 143, the holder, not more than 30 days after the date of the cancellation, may appeal the minister's decision to the Supreme Court.
(2) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
(1) If a local authority or the commission determines that a person
(a) has contravened a permit; or
(b) is removing soil from, or placing fill on, an agricultural land reserve without a permit, the local authority or the commission may , and
(b) by repealing subsection (2).
34 This Act comes into force by regulation of the Lieutenant Governor in Council.
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