1994 Legislative Session: 3rd 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 2nd day of June, 1994
Ian D. Izard, Law Clerk.


HONOURABLE DAN MILLER
MINISTER OF SKILLS,
TRAINING AND LABOUR

BILL 39 -- 1994

SKILLS, TRAINING AND LABOUR STATUTES AMENDMENT ACT, 1994

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

 
Architects (Landscape) Act

1 Section 8 (1) of the Architects (Landscape) Act, R.S.B.C. 1979, c. 20, is repealed and the following substituted:

(1) The board of examiners consists of

(a) the president or a director of the society designated for the purpose by the president of the society,

(b) the past president or a director of the society designated for the purpose by the president of the society,

(c) 4 or more persons appointed by the Lieutenant Governor in Council including

(i) a person nominated by the President of Kwantlen College,

(ii) a person nominated by the Director of the School of Architecture of The University of British Columbia,

(iii) the head of the Landscape Architecture program of The University of British Columbia or a person nominated by the Dean of the Faculty of Agriculture of The University of British Columbia, and

(iv) a person chosen to represent the public interest in the development and maintenance of proper standards of professional practice in landscape architecture in British Columbia.

 
Engineers and Geoscientists Act

2 Section 6 of the Engineers and Geoscientists Act, R.S.B.C. 1979, c. 109, is amended

(a) in subsection (2) by striking out "subsection (8) and elected under subsection (9)" and substituting "subsection (9) or (9.3) or elected under subsection (9.2)",

(b) in subsection (3) by striking out "Notwithstanding subsections (8) and (9)," and substituting "Despite subsections (9), (9.2) and (9.3),",

(c) by repealing subsection (4), and

(d) by repealing subsection (9.3) and substituting the following:

(9.3) If no member of a Faculty of Applied Science, Engineering or Geoscience in British Columbia or no professional geoscientist is elected under subsection (5), (7) or (9.2), then the council must appoint a member of a Faculty of Applied Science, Engineering or Geoscience in British Columbia or a professional geoscientist, to the council for a one year term.

3 Section 7 is amended

(a) in subsection (1) (b.3) by striking out "is not held or is not applicable;" and substituting "is or is not held or applicable;", and

(b) in subsection (2) by striking out "30" and substituting "45".

4 Sections 24.41 and 24.42 are renumbered as sections 38 and 39 respectively.

5 Section 24.7 (3) is amended by striking out "on the scale provided in Appendix B of" and substituting "as special costs under".

6 Section 32 (1) is repealed and the following substituted:

(1) A person who feels aggrieved by an order of the discipline committee under section 24.5 (2), or whose application for membership in the association, or for a licence, has been refused under section 10

(1) (d) or 10 (1.1), may appeal from the order or refusal of the application to the Supreme Court within 42 days from the date of that order or refusal.

 
Hairdressers Act

7 Section 7 (9) of the Hairdressers Act, R.S.B.C. 1979, c. 159, is amended by striking out "of $2" and substituting "prescribed by the Lieutenant Governor in Council".

8 Section 8 is amended by striking out "of $1" wherever it appears and substituting "prescribed by the Lieutenant Governor in Council".

9 Section 9 is amended by striking out "of $2" wherever it appears and substituting "prescribed by the Lieutenant Governor in Council".

10 Section 16 (2) is repealed and the following substituted:

(2) A person who contravenes subsection (1) commits an offence.

 
Pension Benefits Standards Act

11 Section 1 of the Pension Benefits Standards Act, S.B.C. 1991, c. 15, is amended by adding the following subsection:

(8) For greater certainty,

(a) this Act applies to a public sector pension plan unless the public sector pension plan is specifically exempted by this Act or the regulations, and

(b) if there is a conflict between this Act, or a regulation made under this Act, and any other enactment establishing or referring to a public sector pension plan, this Act, or the regulation made under this Act, prevails.

12 Section 33 (7) is amended by striking out "terminates membership in the first plan or the first plan is terminated," and substituting "terminates membership in that other plan or that other plan is terminated,".

13 Section 34 is repealed and the following substituted:

Preretirement survivor benefits

34 (1) If a member or former member dies before pension commencement, benefits are payable,

(a) subject to this section and section 40 (1) and (2), by way of a pension to the surviving spouse, or

(b) if there is no surviving spouse, or if the administrator receives from the surviving spouse a statement in the prescribed form that waives the spousal entitlement under paragraph (a), by way of a lump sum payment to

(i) the designated beneficiary, or

(ii) the personal representative of the estate in his or her representative capacity if there is no valid designation of beneficiary.

(2) In the case of a defined benefit plan, the commuted value of the pension to the surviving spouse under subsection (1) (a) or the amount of the lump sum payable to the designated beneficiary or personal representative of the estate under subsection (1) (b) must not be less than the sum of

(a) the value of the deceased's contributions to the plan made before January 1, 1993, together with interest, and

(b) the greater of the following:

(i) 60% of the commuted value of

(A) the pension if an entitlement to receive a pension would have vested in the deceased under section 26 (1) or 27 had the deceased terminated his or her membership immediately before death, or

(B) the pension in respect of the deceased's membership on and after January 1, 1993 if the plan has been terminated, plus that value of the deceased's contributions to the plan made on and after January 1, 1993, together with interest, that is in excess of 1/2 of the commuted value of that pension;

(ii) the deceased's contributions to the plan made on and after January 1, 1993, together with interest.

(3) In the case of a defined contribution plan, the commuted value of the pension to the surviving spouse under subsection (1) (a) or the amount of the lump sum payable to the designated beneficiary or personal representative of the estate under subsection (1) (b) must not be less than the sum of

(a) 60% of the value of the employer's contributions to the plan made on or after January 1, 1993, together with interest, if an entitlement to receive a pension would have vested in the deceased under section 26 (1) or 27 had the deceased terminated his or her membership immediately before death or if the plan has been terminated, and

(b) the deceased's contributions to the plan, together with interest.

(4) The pension payable to the surviving spouse must be commuted if

(a) the plan has been terminated and the deceased did not meet the requirements of section 26 (1), or

(b) an entitlement to receive a pension would not have vested in the deceased as set out in subsection (2) (b) (i) (A) or (3) (a).

(5) The surviving spouse may transfer the whole of the commuted value of the pension in accordance with the conditions specified in and in relation to section 33 (1) and (2).

(6) A plan may provide that the surviving spouse must make the transfer set out in subsection (5).

(7) The surviving spouse has the same options in relation to the excess value of contributions, together with interest, referred to in subsection (2) (b) (i) as the deceased would have had under section 32 (3), including the option of a lump sum payment to the spouse.

(8) If a spouse dies before pension commencement without having elected or without becoming entitled to make the transfer under subsection (5), an amount equal to at least the amount of the member's contributions, together with interest, must be paid to the spouse's designated beneficiary or, if there is no such person living, to the spouse's estate.

(9) A surviving spouse may commute any part of a pension payable to the surviving spouse that arises from additional voluntary contributions.

(10) If a pension plan provides a right to commute any part of a pension in the event of termination of membership in the plan, a surviving spouse may commute the part of the pension that arises from contributions by the member and by the employer that were made before January 1, 1993.

(11) If a pension plan permits a payment of the commuted value of the pension to the deceased under the conditions specified in section 30 (10), the surviving spouse may receive the commuted value or may make a transfer as specified under subsection (5) of this section.

14 Section 57 is repealed and the following substituted:

Expense of plan wind up

57 (1) Subject to subsection (2), if a pension plan is terminated and the plan does not provide for payment of the expenses incurred to wind up the plan, the superintendent may, in writing, permit to be paid out of the plan, in priority to benefits, those expenses of winding up that the superintendent considers reasonable in the circumstances.

(2) If a pension plan is terminated and the sponsoring employer continues, or intends to continue, in operation, the expenses incurred to wind up the plan must be paid for by the employer.

15 Section 66 (1) (n) is amended by adding "and prescribing any form of spousal waiver or consent for the purposes of this Act," after "pension plans,".

Commencement

16 This Act, except sections 11, 12, 14 and 15, comes into force by regulation of the Lieutenant Governor in Council.


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