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 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1 The Blind Persons Contribution Act, R.S.B.C. 1979, c. 28, is repealed.
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 repealing paragraph (c) and substituting the following:
(c) respecting a matter referred to in section 2 (1) (a) or 3 (2).
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, .
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".
7 Section 16 (2) and (3) of the Family Relations Act, R.S.B.C. 1979, c. 121, is repealed and the following substituted: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,".
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.
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.
11 The following section is added to the Health Emergency Act, R.S.B.C. 1979, c. 162:
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.
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".
13 The Inflation Control Act, R.S.B.C. 1979, c. 197, is repealed.
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; .
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.
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:
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:
10.1 (1) In this section "resell" means, in relation to lottery tickets,
(a) to resell one or more lottery tickets after they have been purchased from a person authorized under this Act to sell the tickets at retail,
(b) to sell an interest in one or more lottery tickets that have been or are to be purchased from a person authorized under this Act to sell the tickets at retail, or
(c) to sell an interest in any prizes won as a result of participation in a lottery scheme for which one or more lottery tickets have been or are to be purchased from a person authorized under this Act to sell the tickets at retail.
(2) A person must not, directly or indirectly, do any of the following:
(a) resell or offer to resell lottery tickets to a person outside British Columbia;
(b) advertise to resell lottery tickets to a person outside British Columbia or advertise regarding the possibility of such resale;
(c) distribute lottery tickets for the purpose of reselling referred to in paragraph (a);
(d) have in the person's possession lottery tickets for the purpose of reselling referred to in paragraph (a);
(e) conspire with another person to do anything referred to in paragraphs (a) to (d).
(3) A person who contravenes subsection (2) commits an offence and, on conviction, is liable to a fine of not more than $100 000.
(4) If a corporation commits an offence under subsection (2), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the penalty set out in subsection (3) whether or not the corporation is convicted of the offence.
(5) An information in respect of an offence under this section must be laid within 2 years from the time when the subject matter of the information arose.
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.
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".
23 Sections 11 to 11.2 of the Provincial Court Act, R.S.B.C. 1979, c. 341, are repealed and the following substituted:
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.
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 or a surviving spouse 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 or a surviving spouse 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.
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.
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)".
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.
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".
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.
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".
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".
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.
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.
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.
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