1995 Legislative Session: 4th 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 June, 1995
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1 Section 6 of the Attorney General Statutes Amendment Act, 1989, S.B.C. 1989, c. 64, is repealed.
2 Section 32 (1) to (3) of the Coal Act, R.S.B.C. 1979, c. 51, is repealed and the following substituted:
(1) The minister may, by regulation, designate an area of coal land as a coal land reserve.
(2) Unless a regulation designating coal land as a coal land reserve provides otherwise,
(a) no free miner shall explore for, develop or produce coal on a coal land reserve, and
(b) no permit, licence or lease shall be issued for a coal land reserve.
(3) The minister may, by regulation, cancel at any time all or part of a coal land reserve subject to the terms and conditions the minister prescribes.
3 Section 35 (2) (b) is repealed.
4 Section 19 of the Expropriation Act, S.B.C. 1987, c. 23, is amended by adding the following subsection:
(1.1) A payment is deemed to be made under subsection
(1) (d) at the time that the expropriating authority tenders the amount of the payment to or to the order of the owner in cash or by cheque, draft, telegraphic or electronic transfer or any other prescribed method.
5 Section 24 is amended by striking out "the sum paid" and substituting "that payment".
6 The Family Relations Act, R.S.B.C. 1979, c. 121, is amended by adding the following section:
48.1 A marriage agreement or other written agreement between spouses entered into on or after June 4, 1986 may provide that, despite the Canada Pension Plan, there be no division of unadjusted pensionable earnings under that Act.
7 Section 55.92 (1) (c) is amended by adding "under section 48.1" after "by the spouse" and by striking out "pension entitlement" and substituting "the unadjusted pensionable earnings".
8 The following section is added:
55.961 No plan or administrator of a plan is liable for loss or damage suffered by any person because of anything done or omitted to be done by an administrator who relies and acts in good faith on
(a) a notice or waiver given under this Part, or
(b) a court order or separation agreement attached to a notice given under this Part.
9 Section 1 (1) of the Insurance Act, R.S.B.C. 1979, c. 200, is amended by repealing the definition of "registrar".
10 Section 171 is repealed and the following substituted:
171 (1) Where an insurer admits liability for insurance money payable to a minor or for insurance money payable to a trustee for a beneficiary who is a minor, the insurer shall, within 30 days after receiving the evidence referred to in section 155,
(a) in the case of money payable to a minor other than a minor referred to in paragraph (b), pay the money to the Public Trustee in trust for the minor,
(b) in the case of money payable to a minor who has attained the age of 18 years and who is capable and willing to give a discharge for the money, pay the money to the minor, or
(c) in the case of money payable to a trustee for a beneficiary who is a minor, pay the money to the trustee.
(2) An insurer who makes a payment under subsection (1) (c) shall, within 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).
11 Section 205 is repealed and the following substituted:
205 (1) Where an insurer admits liability for insurance money payable to a minor or for insurance money payable to a trustee for a beneficiary who is a minor, the insurer shall, in accordance with subsection (2),
(a) in the case of money payable to a minor other than a minor referred to in paragraph (b), pay the money to the Public Trustee in trust for the minor,
(b) in the case of money payable to a minor who has attained the age of 18 years and who is capable and willing to give a discharge for the money, pay the money to the minor, or
(c) in the case of money payable to a trustee for a beneficiary who is a minor, pay the money to the trustee.
(2) Money payable under subsection (1) shall be paid within 60 days after the contract conditions respecting payment are substantially fulfilled or, if an earlier payment is required under the contract, by the date by which, under the contract, payment is to be made.
(3) An insurer who makes a payment under subsection (1) (c) shall, within 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.
(4) Payment of the insurance money referred to in subsection (1) discharges the insurer where the payment is made in accordance with subsections (1) and (2).
12 Section 364.1 is repealed.
13 Section 364.2 is amended by striking out ", 363 or 364.1" and substituting "or 363".
14 Section 22 of the Jury Act, R.S.B.C. 1979, c. 210, is repealed and the following substituted:
22 (1) A person sitting as a juror at a trial is entitled to be paid
(a) an allowance for necessary and reasonable expenses, and
(b) a prescribed fee for each day that the person is required to attend at a sitting or a trial.
(2) A person serving on a jury panel but not selected to sit as a juror is entitled to receive
(a) an allowance for necessary and reasonable expenses, and
(b) a prescribed fee for each day that the person is required to attend at a sitting.
15 Section 32 is repealed and the following substituted:
32 (1) The Lieutenant Governor in Council may make regulations as referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting the allowances and fees, if any, payable under section 22;
(b) for any other matter necessary or advisable to carry out this Act.
(3) A regulation under subsection (2) (a) may
(a) provide for different allowances and fees for different classes of persons, or
(b) provide that no allowance or fee is payable to a class of persons.
16 Section 37 of the Justice Reform Statutes Amendment Act, 1989, S.B.C. 1989, c. 30, is repealed.
17 The Mineral Prospectors Act, R.S.B.C. 1979, c. 262, is repealed.
18 Section 1 of the Mineral Tax Act, S.B.C. 1989, c. 55, is amended by adding the following subsections:
(4) Despite the definition of fiscal year, where an operator of a mine has become bankrupt or is discharged from bankruptcy, the following rules apply for the purposes of this Act:
(a) a fiscal year of the mine that would otherwise have ended after the date on which the operator became bankrupt or was discharged shall be deemed to have ended on the day immediately before the date of that bankruptcy or discharge;
(b) a new fiscal year of the mine shall be deemed to have commenced on the date the operator became bankrupt or was discharged.
(5) Despite the definition of fiscal year, where an interest in a mine is acquired or disposed of, the following rules apply for the purposes of this Act to the operator who acquired or disposed of the interest:
(a) a fiscal year of the mine that would otherwise have ended after the date on which the interest was acquired or disposed of shall be deemed to have ended on the day immediately before the date of that acquisition or disposition;
(b) a new fiscal year of the mine shall be deemed to have commenced on the date on which the interest was acquired or disposed of.
(6) Subsection (5) does not apply where the interest that is acquired or disposed of is restricted to a right to a royalty or other similar payment.
19 Section 10 is amended
(a) in subsection (1) by repealing paragraph (c) and substituting the following:
(c) the amount, determined under this section, of the investment allowance for the fiscal year of the mine, and ,
(b) by repealing subsection (2) and substituting the following:
(2) Subject to subsections (2.1), (2.2), (3) and (4), the investment allowance for a fiscal year of the mine shall be the investment allowance rate for that fiscal year multiplied by the average of
(a) the balance in the cumulative expenditure account of the operator for that mine at the end of the immediately preceding fiscal year of the mine, and
(b) the amount, if any, by which the aggregate of the amounts determined under subsection (1) (a), (b), (b.1) and (d) exceeds the aggregate of the amounts determined under subsection (1) (e) to (g). , and
(c) by adding the following subsections:
(2.1) Where an operator acquires an interest in a mine, the investment allowance for the fiscal year of the mine that is deemed by section 1 (5) to commence on the date of acquisition shall be the investment allowance rate for that fiscal year multiplied by the average of
(a) the aggregate of
(i) the balance in the cumulative expenditure account of the operator for that mine at the end of the immediately preceding fiscal year of the mine, and
(ii) the amount included in prescribed costs and expenses under subsection (1) (b) in respect of that acquisition, and
(b) the amount, if any, by which the aggregate of amounts determined under subsection (1) (a), (b), (b.1) and (d) exceeds the aggregate of amounts determined under subsection (1) (e) to (g).
(2.2) Where an operator disposes of an interest in a mine, the investment allowance for the fiscal year of the mine that is deemed by section 1 (5) to commence on the date of disposition shall be the investment allowance rate for that fiscal year multiplied by the average of
(a) the amount, if any, by which the balance in the cumulative expenditure account of the operator for that mine at the end of the immediately preceding fiscal year of the mine exceeds the amount included in net revenue under subsection (1) (f) (iii) in respect of the disposition, and
(b) the amount, if any, by which the aggregate of amounts determined under subsection (1) (a), (b), (b.1) and (d) exceeds the aggregate of amounts determined under subsection (1) (e) to (g).
20 Section 41 (2) is amended by adding the following paragraph:
(c.1) to prescribe forms, other than those referred to in section 41.1, .
21 The following section is added:
41.1 The minister may prescribe the forms and information required for the purposes of section 12 (1), (5) and (7).
22 Section 43 (a), (b), (d), (e) and (f) of the Miscellaneous Statutes Amendment Act (No. 2), 1988, S.B.C. 1988, c. 46, is repealed.
23 Sections 5 and 6 of the Miscellaneous Statutes Amendment Act (No. 3), 1994, S.B.C. 1994, c. 51, are repealed.
24 Section 14 of the Offence Act, R.S.B.C. 1979, c. 305, is amended
(a) in subsection (3) (b) by striking out "under this section", and
(b) by repealing subsections (9) and (10).
25 Section 121.1 (1) is amended by adding " , on the recommendation of the Attorney General," after "may".
26 Section 121.1 (2) is amended
(a) by adding ", on the recommendation of the Attorney General," after "the Lieutenant Governor in Council may", and
(b) by adding the following paragraph:
(b.1) subject to subsections (3) and (4), prescribing a fine for the contravention of an enactment for the purposes of sections 14 and 14.2 (1), .
27 Section 121.1 is amended by adding the following subsections:
(3) The Attorney General must consult with the chief judge of the Provincial Court before recommending a fine to be prescribed under subsection (2) (b.1).
(4) If a minimum or maximum fine is established by an enactment, the fine prescribed under subsection (2) (b.1) must not be less than the minimum or more than the maximum fine established by the enactment.
(5) A regulation made under subsection (2) (b.1) may prescribe, for contravention of the same enactment, different fines for the purposes of sections 14 and 14.2 (1).
28 Section 4 (2) and (3) of the Pacific National Exhibition Incorporation Act, S.B.C. 1973, c. 66, is repealed and the following substituted:
(2) In relation to its objects and other powers under this Act, the exhibition has the powers of a corporation incorporated under the Company Act and, unless inconsistent with this Act, the Company Act and the Company Clauses Act apply to the exhibition.
29 Section 5 is repealed.
30 Section 7 is repealed and the following substituted:
7 (1) The board shall consist of 15 directors appointed by the Lieutenant Governor in Council.
(2) The directors appointed under subsection (1) shall, in the opinion of the Lieutenant Governor in Council, be representative, singularly or as a group, of the agricultural, mining, forestry, fishing, manufacturing, business, commercial, cultural, ethnic, artistic, sports, recreational and trade union communities or interests in the Province.
(3) Every director shall hold office from the date of appointment until the earlier of
(a) September 30 in the second year following his or her appointment, and
(b) the termination date, if any, stated in the order of appointment.
(4) In addition to the 15 directors provided for in this section, the Premier and every member of the Executive Council of the Province, the mayor of every municipality in the Province, and such other persons as may be designated by the Lieutenant Governor in Council, shall be honorary directors of the association.
(5) No honorary director under subsection (4) shall be vested with or exercise any of the powers of a director appointed under subsection (1).
(6) The Lieutenant Governor in Council may appoint a director to act as chair of the board, to hold this office until the earliest of
(a) the date that the person ceases to hold office as a director,
(b) the termination date, if any, stated in the order of appointment, and
(c) the date the appointment is rescinded by the Lieutenant Governor in Council.
31 Section 9 (3) is amended by striking out "sixteen" and substituting "15".
32 Section 12 is amended
(a) in subsection (1) by striking out ", but the exhibition shall not give security without first obtaining the consent, by way of resolution, of the council of the City of Vancouver", and
(b) by repealing subsection (2).
33 Section 13 is amended
(a) in subsection (1) by striking out "March 31," and substituting "December 31," , and
(b) by repealing subsection (3) and substituting the following:
(3) By March 31 in each year, the exhibition shall submit the report to the minister.
(4) The minister shall lay the report before the Legislative Assembly at the first sitting of the Legislative Assembly that follows the day on which the minister receives the report.
34 Section 15 is amended by striking out "City of Vancouver." and substituting "Province."
35 Section 7 (3) of the Power of Attorney Act, R.S.B.C. 1979, c. 334, is repealed.
36 Section 3.2 of the Property Transfer Tax Act, S.B.C. 1987, c. 15, is amended in paragraph (b) of the definition of "first time home buyer" by adding "immediately" after "one year".
37 Section 30 (1) (j) of the Public Guardian and Trustee Act, S.B.C. 1993, c. 64, is amended by striking out "sections 171 (3) and 205 (3);" and substituting "sections 171 (1) (a) and (2) and 205 (1) (a) and (3);".
38 The Social Workers Act, R.S.B.C. 1979, c. 389, is amended by adding the following section:
2.1 (1) For the purposes of this Act, the board may
(a) purchase material and equipment,
(b) acquire, maintain and dispose of property,
(c) employ or retain the services of persons, and
(d) enter into agreements.
(2) The board has the necessary legal capacity to sue and be sued in its own name for the purposes of a matter arising under subsection (1).
39 Section 2 of the Supreme Court Act, S.B.C. 1989, c. 40, is amended by adding the following subsection:
(12) For the office of Chief Justice, there is, subject to subsection (2), an additional office of judge that the Chief Justice may elect, under the Judges Act (Canada), to hold.
40 Despite section 7 (3) of the Pacific National Exhibition Incorporation Act, directors of the board under that Act who hold office at the time this section comes into force continue to hold office until the later of
(a) September 30, 1995, and
(b) the termination date, if any, stated in the order of appointment.
41 (1) Sections 6 to 8 come into force on July 1, 1995.
(2) Sections 1, 9 to 17, 22, 23 to 27, 37 and 39 come into force by regulation of the Lieutenant Governor in Council.
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