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 7th day of July, 1994
Ian D. Izard, Law Clerk.


HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL

BILL 55 -- 1994

MISCELLANEOUS STATUTES AMENDMENT
ACT (No. 3), 1994

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

 
Estate Administration Act

1 Section 54 of the Estate Administration Act, R.S.B.C. 1979, c. 114, is repealed and the following substituted:

Minors' shares

54 (1) The share of a minor in the funds of an estate administered by an official administrator shall, on distribution of the estate, be paid to the Public Trustee in trust for the minor.

(2) Subsection (1) does not apply where the will, if any, of the deceased provides otherwise.

2 Section 84.1 is repealed and the following substituted:

Payment of minor's interest

84.1 (1) Where a minor is entitled to a share of the assets of an estate consisting of money and there is no trustee for the estate, the executor or administrator of the estate shall, on distribution of the assets, pay the minor's share to the Public Trustee in trust for the minor.

(2) Subsection (1) does not apply where the will, if any, of the deceased provides otherwise.

 
Industrial Development Incentive Act

3 Section 6 (2) (c) of the Industrial Development Incentive Act, S.B.C. 1985, c. 43, is amended by striking out "$246 million." and substituting "$300 million."

 
Infants Act

4 Section 33 of the Infants Act, R.S.B.C. 1979, c. 196, is repealed and the following substituted:

Payment to infant at age 19

33 (1) In this section "net funds" means, in respect of money paid to the Public Trustee in trust for an infant, the balance of that money remaining after deduction of

(a) any money paid by the Public Trustee under section 12,

(b) any commissions paid or payable under or charges permitted by the Public Trustee Act and the regulations made under that Act, and

(c) any taxes, levies or other charges paid or payable by the Public Trustee in respect of that money.

(2) Where, under this Act or any other enactment or under an agreement approved by a court or consented to or approved by the Public Trustee, money is paid to the Public Trustee in trust for an infant, the net funds and any income from the money shall, on application, be paid by the Public Trustee to the person for whom the money was held in trust promptly after the later of

(a) the date by which the Public Trustee has received proof, satisfactory to the Public Trustee,

(i) of the identity of the infant, and

(ii) that the infant has attained the age of 19 years, and

(b) the date set for payment out in the order, enactment, deed or other record under which the money was paid to the Public Trustee.

 
Insurance Act

5 Section 171 of the Insurance Act, R.S.B.C. 1979, c. 200, is repealed and the following substituted:

Where beneficiary is a minor

171 (1) Where an insurer admits liability for insurance money payable to a minor, the insurer shall, within 30 days after receiving the evidence referred to in section 155, pay the money

(a) to the Public Trustee in trust for the minor, or

(b) where a trustee is named in the policy on behalf of a beneficiary who is a minor, to the trustee.

(2) An insurer who makes a payment under subsection (1) (b) shall, not more than 30 days after the date of payment, give written notice to the Public Trustee stating the name and address of the minor, the name and address of the trustee and the amount of the payment.

(3) Payment of the insurance money referred to in subsection (1) discharges the insurer where the payment is made in accordance with subsection (1) and, where applicable, subsection (2).

6 Section 205 is repealed and the following substituted:

Where beneficiary is a minor

205 (1) Where an insurer admits liability for insurance money payable to a minor, the insurer shall, within 30 days after receiving the notice required under statutory condition 7 (1) (a), the proof required under statutory condition 7 (1) (b) and the certificate, if any, required under statutory condition 7 (1) (c), pay the money

(a) to the Public Trustee in trust for the minor, or

(b) where a trustee is named in the policy on behalf of a beneficiary who is a minor, to the trustee.

(2) An insurer who makes a payment under subsection (1) (b) shall, not more than 30 days after the date of payment, give written notice to the Public Trustee stating the name and address of the minor, the name and address of the trustee and the amount of the payment.

(3) Payment of the insurance money referred to in subsection (1) discharges the insurer where that payment is made in accordance with subsection (1) and, where applicable, subsection (2).

 
Legal Services Society Act

7 Section 5 of the Legal Services Society Act, R.S.B.C. 1979, c. 227, is amended

(a) in subsection (1) by striking out "14" and substituting "15",

(b) in subsection (2) by striking out "Seven" and substituting "Five",

(c) in subsection (3) by striking out "Seven directors, at least 2 of whom shall not be lawyers," and substituting "Five directors", and

(d) by adding the following subsections:

(3.1) Two directors shall be appointed by the board of directors of the Native Community Law Office Association of British Columbia.

(3.2) Two directors shall be appointed by the board of directors of the Association of Community Law Offices of British Columbia.

(3.3) One director shall be appointed

(a) jointly by the directors appointed under subsections (3.1) and (3.2), or

(b) where the directors appointed under subsections

(3.1) and (3.2) have not appointed a director under paragraph (a) of this subsection within 60 days after the date on which the last of those 4 directors was appointed, by the Attorney General.

8 The following sections are added:

Limit on expenditures

10.1 (1) In this section "revenue" means, for a fiscal year of the society, the revenue of the society from all sources for that year, including, without limitation, all grants made or to be made to the society for that year by the government or any other person or agency.

(2) The aggregate of the expenditures made by the society in a fiscal year and the liabilities incurred by the society that might reasonably come due in the fiscal year shall not exceed the society's revenue for that fiscal year.

(3) Notwithstanding subsection (2), the society may make an expenditure or incur a liability that would have the effect of placing the society in contravention of that subsection where the expenditure or liability is first approved by the Attorney General and the Minister of Finance and Corporate Relations.

Society to supply information

14.1 The society shall submit to the Attorney General, in the format and within the time required by the Attorney General, any financial, statistical or other infor mation that the Attorney General may require respecting the operations of the society and the services provided by it.

 
Notaries Act

9 Section 43.10 of the Notaries Act, S.B.C. 1981, c. 23, as enacted by section 3 of the Notaries Amendment Act, 1993, S.B.C. 1993, c. 33, is amended by renumbering it as section 43.91.

 
Securities Act

10 Section 154.3 of the Securities Act, S.B.C. 1985, c. 83, is amended

(a) by repealing subsection (1) and substituting the following:

(1) Where it appears to the Supreme Court, on an application made by the commission, that a person outside of the Province may have evidence that may be relevant to

(a) an investigation ordered by the commission under section 126, or

(b) a hearing required or permitted under this Act or the regulations, the Supreme Court may issue a letter of request directed to the judicial authority of the jurisdiction in which the person to be examined is believed to be located. ,

(b) in subsection (3) by adding the following paragraph:

(a.1) order, in the case of an examination for the purposes of a hearing referred to in subsection (1) (b), that a person who is a party to the hearing is entitled to

(i) be present or represented by counsel during the examination, and

(ii) examine the person referred to in paragraph (a), ,

(c) by adding the following subsection:

(3.1) The failure of the person entitled under subsection (3) (a.1) to be present or represented by counsel during the examination or to examine the person referred to in subsection (3) (a) does not prevent the commission from reading in the evidence at the hearing if the examination has otherwise been conducted in accordance with the order made under that subsection. ,

(d) by repealing subsection (5) (b) and substituting the following:

(b) if known, a list of the names, addresses and telephone numbers of

(i) the solicitors or agents of the commission,

(ii) the person to be examined, and

(iii) where applicable, the person entitled under subsection (3) (a.1) to be present or represented by counsel during the exam ination and to examine the person referred to in paragraph (3) (a), both in the Province and in the other jurisdiction, and , and

(e) by adding the following subsections:

(8) The making of an order by a judicial authority referred to in subsection (1) pursuant to a letter of request issued under that subsection does not determine whether evidence obtained pursuant to the order is admissible in evidence in a hearing before the commission.

(9) Except where otherwise provided by this section, the practice and procedure in connection with appointing a person, conducting an examination and certifying and returning the appointment under this section, as far as possible, are the same as those that govern similar matters in civil proceedings in the Supreme Court.

11 Section 154.4 is amended

(a) by repealing subsection (1) (c) and substituting the following:

(c) is issued in relation to

(i) a matter under investigation by the body referred to in paragraph (b), or

(ii) a matter that is the subject of a hearing before the body referred to in paragraph (b), and ,

(b) in subsection (1) (d) by striking out "the matter" and substituting "a matter",

(c) in subsection (2) by adding the following paragraph:

(a.1) order, in the case of an examination for the purposes of a hearing referred to in subsection (1) (c) (ii), that a person who is a party to the hearing is entitled to

(i) be present or represented by counsel during the examination, and

(ii) examine the person referred to in paragraph (a), , and

(d) by adding the following subsection:

(6) Except where otherwise provided by this section, the practice and procedure in connection with appointing a person, conducting an examination and certifying and returning the appointment under this section, as far as possible, are the same as those that govern similar matters in civil proceedings in the Supreme Court.

 
Tobacco Tax Act

12 The Tobacco Tax Act, R.S.B.C. 1979, c. 404, is amended by adding the following section:

Limits on tobacco purchased for resale

4.3 (1) Where, by an enactment of the Province or Canada, tobacco is exempted from tax imposed under this Act, the director may, subject to the regulations, set a limit on the quantity of that tobacco that may be purchased for resale by any dealer.

(2) The director may, under subsection (1), set limits that differ for different types of tobacco or different dealers or classes of dealers.

13 Section 10 (1) 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) a limit set by the director under section 4.3, .

14 Section 27 is amended

(a) in subsection (2.2) (g) by striking out "$10 000" and substituting "$25 000",

(b) in subsection (2.4) (a) by striking out "150 cartons" and substituting "50 cartons",

(c) in subsection (2.4) (a) (ii) by adding "3 times" after "equal to",

(d) in subsection (2.4) (b) by striking out "150 cartons" and substituting "50 cartons",

(e) in subsection (2.4) (b) (ii) by adding "3 times" after "equal to",

(f) in subsection (2.4) (c) (ii) by adding "3 times" after "equal to", and

(g) in subsection (2.4) (c) (iii) by striking out "not less than $2 500 and not more than $25 000" and substituting "not less than $10 000 and not more than $50 000".

15 Section 31 (1) is amended

(a) in paragraph (f) by adding "all or any part of" after "from",

(b) by adding the following paragraph:

(f.1) anything considered by the Lieutenant Governor in Council to be necessary or advisable respecting the limits set or that may be set by the director under section 4.3, including, without limitation, prescribing the factors that the director is to consider and the procedure that the director is to follow when setting limits under section 4.3; , and

(c) by adding the following paragraph:

(h.1) prescribing limits on the quantity of tobacco that may be sold to or purchased by a person at a single retail sale or at retail sales during a specified period, with power to prescribe different limits for different types of tobacco products; .

 
Trustee Act

16 Section 40 of the Trustee Act, R.S.B.C. 1979, c. 414, is repealed and the following substituted:

Payment by trustees

40 (1) Trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust other than a trust in favour of a minor may pay the money or securities into the court, and the money or securities shall, subject to the Rules of Court, be dealt with according to the orders of the court.

(2) The receipt or certificate of the proper officer is a sufficient discharge to trustees for the money or securities paid into court under subsection (1).

(3) Where money or securities are vested in persons as trustees, the money or securities do not belong to a trust in favour of a minor and the majority of those persons desire to pay the money or securities into court, but the concurrence of the others cannot be obtained, the court or a judge may order the payment into court to be made by the majority without concur rence of the others.

(4) Where the money or securities for which payment into court is or may be ordered under subsection (3) are deposited with a banker, broker or other depository, the court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment into court, and every transfer, payment and delivery made under that order is valid and takes effect as if made on the authority or by the act of all the persons entitled to the money and securities so transferred, paid or delivered.

(5) Trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust in favour of a minor may pay the money or securities to the Public Trustee in trust for the minor.

(6) Where money or securities referred to in subsection (5) are vested in persons as trustees, and the majority of those persons desire to pay the money or securities to the Public Trustee, but the concurrence of the others cannot be obtained, the court or a judge may order the payment to the Public Trustee to be made by the majority without concurrence of the others.

(7) Where the money or securities for which payment to the Public Trustee is or may be ordered under subsection (6) are deposited with a banker, broker or other depository, the court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment to the Public Trustee, and every transfer, payment and delivery made under that order is valid and takes effect as if made on the authority or by the act of all the persons entitled to the money and securities so transferred, paid or delivered.

17 Section 50 is repealed and the following substituted:

Payment of money of minors and persons of unsound mind

50 (1) Where a person of unsound mind is entitled to money payable in discharge of any land, stock or chose in action conveyed, assigned or transferred under this Act, the person by whom the money is payable may pay it into the court, under the Rules of Court in that behalf, in trust in any cause then pending concerning that money, or, if there is no such cause, to the credit of the person of unsound mind, subject to the order or disposition of the court.

(2) The court may, on petition in a summary way, order money paid into court under subsection (1) to be invested, and may order payment or distribution of it, or payment of the dividends of it, as to the court seems reasonable.

(3) Every officer of the court who receives the money referred to in subsection (1) shall give to the person paying it a receipt for the money, and the receipt is an effectual discharge for the money expressed to have been received.

(4) Where a minor is entitled to money payable in discharge of any land, stock or chose in action conveyed, assigned or transferred under this Act, the person by whom the money is payable may pay it to the Public Trustee in trust for the minor.

Transitional

18 If money in court was paid into court to the credit of a minor under section 54 or 84.1 of the Estate Administration Act as it read before the coming into force of sections 1 and 2 of this Act, the Minister of Finance and Corporate Relations must pay that money plus all interest payable on that money under Rule 58 (6) and (8) of the Rules of Court to the Public Trustee in trust for the minor.

Transitional

19 If money in court was paid into court to the credit of a minor under section 171 or 205 of the Insurance Act as it read before the coming into force of sections 5 and 6 of this Act, the Minister of Finance and Corporate Relations must pay that money plus all interest payable on that money under Rule 58 (6) and (8) of the Rules of Court to the Public Trustee in trust for the minor.

Transitional

20 If money in court was paid into court to the credit of a minor under section 40 or 50 of the Trustee Act as it read before the coming into force of sections 16 and 17 of this Act, the Minister of Finance and Corporate Relations must pay that money plus all interest payable on that money under Rule 58 (6) and (8) of the Rules of Court to the Public Trustee in trust for the minor.

Commencement

21 Sections 3, 5 to 8, 12, 13 and 15 (b) come into force by regulation of the Lieutenant Governor in Council.


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