1997 Legislative Session: 2nd Session, 36th 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 24th day of July, 1997
Ian D. Izard, Law Clerk
HONOURABLE UJJAL DOSANJH
ATTORNEY GENERAL AND
MINISTER RESPONSIBLE
FOR MULTICULTURALISM,
HUMAN RIGHTS AND
IMMIGRATION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Child, Youth and Family Advocacy Act
1 The Child, Youth and Family Advocacy Act, R.S.B.C. 1996, c. 47, is amended by adding the following section:
4.1 If the advocate identifies a conflict of interest between a child or youth and an adult family member while the advocate is performing his or her duties or exercising his or her powers or functions under this Act, the advocate must give precedence to and promote the interests of the child or youth over those of the adult family member.
Company Act
2 Section 1 (1) of the Company Act, R.S.B.C. 1996, c. 62, is amended by adding the following definition:
"limited liability company" means an organization that
(a) is formed in a jurisdiction other than British Columbia,
(b) is recognized as a legal entity in the jurisdiction in which it was formed,
(c) does not qualify to be registered under this Act as an extraprovincial company, and
(d) is not a partnership or a limited partnership; .
3 Section 252 is amended
(a) in subsection (1) by striking out "subsection (6)," and substituting "subsections (6) and (7),", and
(b) by adding the following subsection:
(7) Nothing in this section or in any order approving a compromise or arrangement made under this section binds a member to exchange shares of a reporting company held by the member for property, money or other securities of the reporting company or for property, money or securities of another corporation unless the compromise or arrangement has been approved in the manner described in subsection (8).
(8) A compromise or arrangement is approved for the purposes of subsection (7) when it is approved by a majority of the votes of members of the reporting company cast at a meeting referred to in subsection (2) other than the votes cast by
(a) affiliates of the reporting company,
(b) a member who will, as a consequence of the compromise or arrangement, be entitled to consideration for each share greater than that available to other holders of affected shares of the same class, and
(c) a member who alone or in combination with others effectively controls the reporting company and who, prior to receiving a notice of the meeting referred to in subsection (2), entered into or has agreed to enter into an understanding to support the compromise or arrangement.
4 The following Division is added to Part 10:
Division 5 -- Limited Liability Companies
319.1 (1) Sections 15, 17, 18 (1) and (7) to (10), 106, 204 (2), 257 (1) (a) to (d) and (f) and (2) to (5), 259 to 265, 297 (1), 298 (1) and (2), 301 to 303, 304 (1) and (4) (a), 306 to 308, 312 to 315, 318, 319, 335 and 338 to 340 apply to and in respect of limited liability companies.
(2) For the purposes of subsection (1), a reference in the provisions referred to in that subsection
(a) to "extraprovincial company" includes a reference to "limited liability company",
(b) except for sections 17, 18 (9), 257 (3) to (5), 260, 261 to 263, 301 (3) and 318, to "company" includes a reference to "limited liability company",
(c) to "director" includes a reference to an individual elected, appointed or otherwise designated to manage a limited liability company, and
(d) to "federal company" includes a reference to a limited liability company incorporated in the federal jurisdiction.
(3) For the purposes of subsection (1), a reference in section 308 to "corporation" includes a reference to "limited liability company".
319.2 (1) Every limited liability company required to be registered under this Act must
(a) register in the prescribed manner and pay the prescribed fee,
(b) file with the registrar the information and records prescribed by the regulations respecting attorneys appointed by the limited liability company, including the forms by which each of those attorneys evidenced consent to the appointment,
(c) promptly notify the registrar, in the manner and form prescribed by the regulations, of any change in any information the limited liability company has provided to the registrar under this Division,
(d) keep at the head office of the limited liability company in British Columbia the forms and information prescribed by the regulations, and
(e) ensure that each component of any financial statement that it issues, circulates or publishes in British Columbia
(i) is prepared and approved in the prescribed manner and has attached to it the prescribed records, or
(ii) if the regulations provide that the component need not comply with one or more of the requirements prescribed under subparagraph (i), clearly identifies the requirements with which it does not comply.
(2) After a limited liability company has complied with subsection (1) to the satisfaction of the registrar, the registrar, subject to section 302 and to subsection (3) of this section, must register the limited liability company and issue a certificate showing that the limited liability company is registered as a limited liability company under this Act.
(3) A limited liability company must not be registered by a name that the registrar, for a good and valid reason, disapproves and, without limiting this, the registrar may disapprove a name if, in the opinion of the registrar, it does not adequately identify the organization as a limited liability company.
(4) After the registration of a limited liability company, the registrar must publish in the Gazette notice of its registration.
319.3 Any person may examine and take extracts from the records referred to in section 319.2 (1) (d) and sections 164 (5), 165, 169 and 170 apply to those records.
319.4 (1) The liquidator of a limited liability company must file with the registrar the prescribed information.
(2) The registrar must register the records filed under subsection (1) and, 3 months after the registration of the final account of the liquidation, the registration of the limited liability company is cancelled.
319.5 (1) The Lieutenant Governor in Council may prescribe the form and manner in which information is to be prepared, retained or filed by or for a limited liability company.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:
(a) the manner in which a limited liability company required to be registered under this Act is to be registered, including the information and records to be filed with the registrar respecting that registration;
(b) the information and records to be filed with the registrar respecting attorneys appointed for the limited liability company;
(c) the form and manner in which an attorney appointed for a limited liability company is to evidence consent to the appointment;
(d) the information and records to be filed with the registrar respecting any change to information filed with the registrar in relation to a limited liability company;
(e) the records that a limited liability company is to keep at its head office;
(f) the financial statements, including interim financial statements, issued, circulated or published in British Columbia by a limited liability company, including, without limitation, the approvals required for the financial statements, the records to be attached to the financial statements and if and to what extent the components of the financial statements need not comply with those requirements;
(g) the information and records to be filed with the registrar in relation to, or published by a liquidator appointed for, a limited liability company;
(h) the fees payable in relation to registration or any filings required under this Act or the regulations;
(i) the form and manner in which and the time within which the information and records referred to in the regulations are to be filed, kept or published, as the case may be.
319.6 Registration of a limited liability company under this Act relieves the limited liability company from any restriction or prohibition imposed on it by Division 3, as it applies for the purposes of this Division, but does not otherwise affect its capacity or powers.
5 Section 321 is repealed.
6 The following section is added:
321.1 (1) Despite this Act or any other enactment, when the registrar is of the opinion that it is impracticable to provide or perform one or more of the services or functions required by this Act or the regulations to be provided or performed by the registrar or otherwise normally provided or performed by the registrar, the registrar may, for so long as the registrar remains of that opinion, suspend any or all of the services provided or functions performed by the registrar, including, without limitation,
(a) registering or filing any records,
(b) allowing searches or inspections of any records filed with the registrar, and
(c) providing copies of any records filed with the registrar.
(2) Despite this Act or any other enactment, if the registrar is satisfied that but for a suspension under subsection (1) of one or more of the services provided or functions performed by the registrar, a record provided to the registrar for registration or filing would have been delivered to the registrar on, or registered or filed on, the date that the services or functions were suspended, the registrar may accept the record as if it were delivered on, or date the registration or filing of the record as of, the date that the services or functions were suspended and that date is deemed for all purposes to be the date on which the record was delivered, registered or filed.
7 Section 350 (2) is amended by adding the following:
(j) respecting the location and hours for the office of the registrar.
Constitution Act
8 Section 26 (1) (a) of the Constitution Act, R.S.B.C. 1996, c. 66, is repealed and the following substituted:
(a) if the money accepted is the basic compensation, Capital City allowance or salary for a member of the Legislative Assembly, member of the Executive Council, Premier, parliamentary secretary or other official referred to in section 3 of the Legislative Assembly Management Committee Act, .
Creston Valley Wildlife Act
9 Section 1 of the Creston Valley Wildlife Act, R.S.B.C. 1996, c. 84, is amended by repealing the definition of "'arterial highway' and 'secondary highway'" and substituting the following definitions:
"arterial highway" means an arterial highway as defined in section 27 of the Highway Act;
"secondary highway" means a highway designated by regulation; .
10 Section 34 (2) is amended by adding the following paragraph:
(c.1) designating as a secondary highway under this Act, any highway that is in the management area and is not an arterial highway; .
Ferry Corporation Act
11 Section 16 (1) of the Ferry Corporation Act, R.S.B.C. 1996, c. 137, is amended by striking out "$730 million." and substituting "$975 million."
Forest Renewal Act
12 Section 11 (3) to (5) of the Forest Renewal Act, R.S.B.C. 1996, c. 160, is repealed and the following substituted:
(3) As soon as practicable after each quarter of the fiscal year of the government, the Minister of Finance and Corporate Relations must issue a written estimate of
(a) the amount of the portion of the government's royalty and stumpage revenue under the Forest Act for that quarter that is attributable to any changes made to the rates of royalty or stumpage under the Forest Act that take effect after April 30, 1994, and
(b) any reduction in the amount of the government's royalty and stumpage revenue under the Forest Act for that quarter that is attributable to a policy or procedure approved by the minister before January 1, 1998 under section 105 (1) of the Forest Act, that is expressed to be for the purposes of this paragraph.
(4) Subject to subsections (2) and (6), as soon as practicable after each quarter of the fiscal year of the government, the Minister of Finance and Corporate Relations must pay to Forest Renewal BC out of the consolidated revenue fund an amount calculated for that quarter by deducting, from the amount estimated under subsection (3) (a), 20% of the amounts estimated under subsection (3).
Highway Act
13 Sections 27 to 29 of the Highway Act, R.S.B.C. 1996, c. 188, are repealed and the following substituted:
27 For this Part, certain highways may be classified as "arterial highways", comprising highways that, on the recommendation of the minister approved by order of the Lieutenant Governor in Council, are classified as arterial highways.
28 (1) The minister must denote the highways that in the minister's opinion should be classified as arterial highways by delineating on a map the route of each highway throughout each municipal area through or in which the highway runs or is intended to run.
(2) The minister must submit the map to the Lieutenant Governor in Council for classification of the highways denoted on it as arterial highways, after consultation with the municipal councils of the municipalities through or within the limits of which the highways run or are intended to run.
(3) On making the order classifying an arterial highway, the minister must publish notice of the fact of its classification under this Act in one issue of the Gazette, and a change must not be made in the route or the classification of the highway as an arterial highway except by order of the Lieutenant Governor in Council.
29 (1) Subject to subsection (2), the cost of construction and maintenance of arterial highways must be borne entirely by the ministry.
(2) The ministry may build, rebuild, repair or protect a bridge on a highway if the cost of the work is provided by a specific vote of the Legislature.
(3) In case of damage by flood or other accident, or if otherwise necessary in the public interest, the ministry may, with the approval of the Lieutenant Governor in Council, replace, repair, rebuild or protect a bridge on a highway, whether or not on an arterial highway, and pay the entire cost, or may reimburse a municipality for any costs incurred by the municipality.
14 Section 30 is repealed and the following substituted:
30 (1) The control of the construction and maintenance of every arterial highway is vested in the ministry.
(2) On obtaining the approval of the ministry, the municipal corporation of an area in or through which an arterial highway runs may construct, at the expense of the corporation, sidewalks on that highway.
15 Sections 33, 34 and 37 are repealed.
16 Section 38 is amended
(a) by repealing subsection (2), and
(b) in subsection (4) by striking out "and by municipal corporations under this Act."
Insurance Corporation Act
17 Section 3 (4) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out "the board's bylaw." and substituting "the Lieutenant Governor in Council."
18 The following section is added:
8.1 (1) If a record is kept by the corporation under this Act or the Insurance (Motor Vehicle) Act or the regulations made under either of those Acts, the corporation may
(a) have the record photocopied,
(b) have the record or its contents stored in electronic format,
(c) have the record or its contents reproduced on a record that enables the information to be subsequently displayed or immediately accessible in visible form, or
(d) keep the record or its contents in any other prescribed manner.
(2) If information from a record to be kept by the corporation is converted into another format under subsection (1), the corporation may destroy the paper format of the record and the information, in the format into which it has been converted, is deemed to be the record so converted.
(3) If records are kept by the corporation otherwise than in paper format, the corporation must provide, in intelligible form, any copy of those records that, under this Act or the Insurance (Motor Vehicle) Act or the regulations made under either of those Acts, the corporation is required to provide.
(4) A copy of, or extract from, a record kept in a format other than an electronic format by the corporation under this Act or the Insurance (Motor Vehicle) Act or the regulations made under either of those Acts, certified to be a true copy or extract by an officer of the corporation, is
(a) evidence of the record or of the part of the record extracted and of the facts stated in the record or the part of the record, and
(b) conclusive proof that the corporation is the keeper of the record, in fulfillment of the corporation's responsibility under this section.
(5) A reproduction in paper format of a record kept in electronic format by the corporation is evidence of the record and of the facts stated in the record, and is conclusive proof that the corporation is the keeper of the record, in fulfillment of the corporation's responsibility under this section, if
(a) the reproduction is certified to be a true copy by an officer of the corporation, or
(b) the reproduction contains a statement to the effect that the reproduction is an authentic reproduction of information stored in a database in electronic format by the corporation.
(6) A record of information, based on the records kept by the corporation under this Act or the Insurance (Motor Vehicle) Act or the regulations made under either of those Acts, is evidence of the facts contained in the record if
(a) the information is contained in a certificate of an officer of the corporation, or
(b) the records contains a statement to the effect that the record is an authentic reproduction of information stored in a database in electronic format by the corporation.
(7) Proof is not required of the signature or official position of a person certifying the truth of a copy or extract, or giving a certificate under this section, and a facsimile signature purporting to be the signature of a person required to sign or certify a record under this Act or the Insurance (Motor Vehicle) Act or the regulations made under either of those Acts is evidence of the signature and of the authority for the use of the facsimile signature.
(8) A certificate or other record referred to in subsection (4), (5) or (6) must be received in all courts for the purposes of those subsections without proof that the certificate or other record was kept or provided with lawful authority.
(9) This section is in addition to and not in substitution for any provision of this or any other enactment respecting the retention, certification or use of records by the corporation including, without limitation, any provision that
(a) allows the corporation to retain records in any format,
(b) allows for certification of records by the corporation in any manner, or
(c) allows any record to stand as evidence of any fact or matter.
19 Section 41 is renumbered as section 41 (1) and the following subsection is added:
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the manner in which records or their contents may be kept by the corporation.
Insurance (Motor Vehicle) Act
20 Section 10 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed.
Land Tax Deferment Act
21 Section 5 (1) (d) (iii) of the Land Tax Deferment Act, R.S.B.C. 1996, c. 249, is repealed and the following substituted:
(iii) a person with disabilities as defined in the Disability Benefits Program Act.
Legal Services Society Act
22 Section 1 of the Legal Services Society Act, R.S.B.C. 1996, c. 256, is amended by adding the following definition:
"legal aid" means services and information provided under this Act; .
23 Section 5 (7) is repealed and the following substituted:
(7) The term of office of a director must be not longer than 3 years from the date on which the appointment becomes effective.
24 The following section is added:
19 (1) The Lieutenant Governor in Council may appoint an official trustee to manage the property and conduct the affairs of the society if, in the opinion of the Lieutenant Governor in Council, the appointment is in the public interest and is required to ensure continued and effective delivery of legal aid.
(2) When an official trustee is appointed under subsection (1), the directors of the society cease to hold office.
(3) An official trustee appointed under subsection (1) has the exclusive right to exercise all of the powers of the society and the board, and must, subject to section 11,
(a) work towards eliminating, within a reasonable time, all debt of the society except current debt as determined in accordance with generally accepted accounting principles,
(b) ensure compliance of the society with this Act and the regulations, and
(c) ensure proper performance of the duties of the society.
(4) Subject to subsections (5) to (8), an official trustee's appointment under this section must be for a term that expires not more than 12 months after the date of appointment.
(5) The Lieutenant Governor in Council may, on application by the official trustee appointed under this section,
(a) remove the official trustee from office before the end of the official trustee's term of office if the Lieutenant Governor in Council and the official trustee are satisfied that the matters in response to which the official trustee was appointed have been substantially corrected, or
(b) extend the term of the official trustee by not more than 12 months if the Lieutenant Governor in Council and the official trustee are satisfied that that extension
(i) is in the public interest,
(ii) is required to ensure continued and effective delivery of legal aid, and
(iii) is required to provide a sufficient opportunity to the official trustee to meet the goals set out in subsection (3).
(6) If an official trustee's term of office has expired, the Lieutenant Governor in Council may appoint a successor for the official trustee, for a term that expires not more than 12 months after the date of appointment, if the Lieutenant Governor in Council is satisfied that the appointment
(a) is in the public interest,
(b) is required to ensure continued and effective delivery of legal aid, and
(c) is required to allow the society to realize the goals set out in subsection (3).
(7) The Lieutenant Governor in Council may remove or replace an official trustee before the end of the official trustee's term if the Lieutenant Governor in Council is of the opinion that the official trustee is acting in a manner that is inconsistent with his or her responsibilities under subsection (3).
(8) A replacement official trustee appointed under subsection (7) holds office for the unexpired portion of the term of the official trustee being replaced unless the Lieutenant Governor in Council orders otherwise.
(9) Directors are to be appointed under section 5 to assume office when the society ceases to be subject to the direction of an official trustee.
(10) An official trustee appointed under this section is to be remunerated out of the funds of the society or otherwise as the Lieutenant Governor in Council determines.
Legislative Assembly Allowances and Pension Act
25 Section 1 of the Legislative Assembly Allowances and Pension Act, R.S.B.C. 1996, c. 257, is amended in the definition of "legislative allowance" by striking out "and" at the end of paragraph (a), by adding "and" at the end of paragraph (b) and by adding the following paragraph:
(c) for a person who serves in the Thirty-sixth Parliament or a subsequent Parliament and begins to receive a superannuation allowance after June 19, 1996, means the basic compensation payable to the person under section 3 of the Legislative Assembly Management Committee Act and an amount equal to 60 times the daily rate of the Capital City Allowance calculated as if the person's constituency were located outside the Capital Regional District; .
26 Sections 2, 3, 4 (1) to (5) and (10) to (13), 5 and 8 (1) (b) are repealed.
27 Section 6 is amended by striking out "the annual indemnity and expense allowance, and any salary to which the member would have been entitled under this Act" and substituting "the basic compensation and salary to which the member would have been entitled under this Act or the Legislative Assembly Management Committee Act".
28 Section 10 is amended
(a) in subsection (1) by striking out "of $250 a day must be made from the annual indemnity" and substituting "determined by the Legislative Assembly Management Committee must be made from the basic compensation", and
(b) in subsection (3) by striking out "of $250 a day must be made from the annual indemnity" and substituting "determined under subsection (1) must be made from the basic compensation".
29 The following section is added:
33.1 A member who, immediately before June 19, 1996, has not served for 7 years or for more than 2 Parliaments
(a) is entitled to the recognition of the member's service on and after June 19, 1996 when determining the member's eligibility for a superannuation allowance, and
(b) is not entitled to recognition of the member's service on and after June 19, 1996 when determining the amount of the superannuation allowance payable.
Legislative Assembly Management Committee Act
30 Section 3 of the Legislative Assembly Management Committee Act, R.S.B.C. 1996, c. 258, is amended
(a) in subsection (1) by adding the following:
(d.1) payments of basic compensation and Capital City allowance to members of the Legislative Assembly,
(d.2) payments of salaries to one or more of the members referred to in subsection (1.1),
(d.3) the establishment of a voluntary group registered retirement savings plan for members of the Legislative Assembly, , and
(b) by adding the following subsections:
(1.1) The committee must determine the salaries payable to the following members of the Legislative Assembly:
(a) the Speaker;
(b) the Deputy Speaker;
(c) the Deputy Chair, Committee of the Whole;
(d) the Leader of the Official Opposition;
(e) the Leader of a recognized political party other than the government or opposition;
(f) the Government Whip;
(g) the Deputy Government Whip;
(h) the Opposition House Leader;
(i) the House Leader of a recognized political party other than the government or opposition;
(j) the Official Opposition Whip;
(k) the Party Whip of a recognized political party other than the government or opposition;
(l) the Government Caucus Chair;
(m) the Official Opposition Caucus Chair;
(n) the Caucus Chair of a recognized political party other than the government or opposition;
(o) the Chair of Select Standing or Special Committees.
(1.2) Despite the Income Tax Act, a Capital City allowance payable to a member under subsection (1) (d.1) is deemed not to be wages within the meaning of that Act, and not to form part of the income of that member for any purpose of that Act.
31 The following section is added:
6.1 Money required to be provided by or paid on behalf of the government under this Act must be provided or paid by the Minister of Finance and Corporate Relations from money appropriated for that purpose by the Legislative Assembly or, in the absence of and adequate appropriation for that purpose, from the consolidated revenue fund.
Motor Vehicle Act
32 Section 82 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:
82 (1) If a record is kept by the Insurance Corporation of British Columbia or the superintendent under this Act or the regulations, the corporation or superintendent, as the case may be, may
(a) have the record photocopied,
(b) have the record or its contents stored in electronic format,
(c) have the record or its contents reproduced on a record that enables the information to be subsequently displayed or immediately accessible in visible form, or
(d) keep the record or its contents in any other prescribed manner.
(2) If information from a record to be kept by the Insurance Corporation of British Columbia or the superintendent is converted into another format under subsection (1), the corporation or the superintendent, as the case may be, may destroy the paper format of the record and the information, in the format into which it has been converted, is deemed to be the record so converted.
(3) If records are kept by the Insurance Corporation of British Columbia or the superintendent otherwise than in paper format, the corporation or the superintendent, as the case may be, must provide, in intelligible form, any copy of those records that, under this Act or the regulations, the corporation or the superintendent, as the case may be, is required to provide.
(4) A copy of, or extract from, a record kept in a format other than an electronic format by the Insurance Corporation of British Columbia or the superintendent under this Act or the regulations, certified to be a true copy or extract by an officer of the corporation or by the superintendent, as the case may be, is
(a) evidence of the record or of the part of the record extracted and of the facts stated in the record or the part of the record, and
(b) conclusive proof that the corporation or the superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's or the superintendent's responsibility under this section.
(5) A reproduction in paper format of a record kept in electronic format by the Insurance Corporation of British Columbia or the superintendent is evidence of the record and of the facts stated in the record, and is conclusive proof that the corporation or the superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's or the superintendent's responsibility under this section, if
(a) the reproduction is certified to be a true copy by an officer of the corporation or by the superintendent, as the case may be, or
(b) the reproduction contains a statement to the effect that the reproduction is an authentic reproduction of information stored in a database in electronic format by the corporation or by the superintendent, as the case may be.
(6) A record of information, based on the records kept by the Insurance Corporation of British Columbia or by the superintendent under this Act or the regulations, is evidence of the facts contained in the record if
(a) the information is contained in a certificate of an officer of the corporation or of the superintendent, as the case may be, or
(b) the record contains a statement to the effect that the record is an authentic reproduction of information stored in a database in electronic format by the corporation or by the superintendent, as the case may be.
(7) Proof is not required of the signature or official position of a person certifying the truth of a copy or extract, or giving a certificate under this section, and a facsimile signature purporting to be the signature of a person required to sign or certify a record under this Act or the regulations is evidence of the signature and of the authority for the use of the facsimile signature.
(8) A certificate or other record referred to in subsection (4), (5) or (6) must be received in all courts for the purposes of those subsections without proof that the certificate or other record was kept or provided with lawful authority.
(9) This section is in addition to and not in substitution for any provision of this or any other enactment respecting the retention, certification or use of records by the Insurance Corporation of British Columbia or the superintendent including, without limitation, any provision that
(a) allows the corporation or the superintendent, as the case may be, to retain records in any format,
(b) allows for certification of records by the corporation or by the superintendent, as the case may be, in any manner, or
(c) allows any record to stand as evidence of any fact or matter.
(10) The Insurance Corporation of British Columbia is responsible for keeping, and has ownership, custody and control of, the records that are prescribed for the purpose of this subsection by the Lieutenant Governor in Council and of other records pertinent to the corporation's powers, duties and functions under this Act or any other enactment.
(11) The superintendent is responsible for keeping, and has custody and control of, the records that are prescribed for the purpose of this subsection by the Lieutenant Governor in Council and of other records pertinent to the superintendent's powers, duties and functions under this Act or any other enactment.
33 Section 210 (2) is amended by adding the following paragraph:
(r) respecting the manner in which records or their contents may be kept by the corporation or the superintendent.
34 Section 82.1 (1) of the Motor Vehicle Act, as amended by section 16 of the Supplement to the Motor Vehicle Act, is amended by striking out "section 82 (6)." and substituting "section 82 (10)."
Teaching Profession Act
35 Section 1 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended by adding the following definition:
"zone" means a zone established by regulation under section 6 (1).
36 Section 6 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The Lieutenant Governor in Council by regulation may establish zones in British Columbia and specify the school districts in each zone. , and
(b) by adding the following subsection:
(3) A regulation under subsection (1) that is made before September 30, 1997 may be made retroactive to a date on or after March 1, 1997 and, if made retroactive, is conclusively deemed to have come into force and have effect
(a) on and after the date specified, and
(b) for the purposes of an election held on or after that date.
37 Section 9 is amended
(a) in subsection (2) (a) by striking out "the Schedule in 1995 and" and "after that",
(b) in subsection (2) (b) by striking out "the Schedule in 1996 and" and "after that", and
(c) by repealing subsection (3) and substituting the following:
(3) The term of office of an elected member of council is 2 years from August 1 following the date of the election of the member.
38 Section 22 is renumbered as section 22 (1) and the following subsections are added:
(2) For the purposes of determining whether a former member who does not hold a certificate of qualification has been guilty of professional misconduct or other conduct unbecoming a member of the college, sections 23 (1) (c) and (n) and (3), 28 (4) and (5), 30 (2), 32 (1), 33, 34 and 40 apply to that former member as if the former member was a member.
(3) If a former member who holds a certificate of qualification ceases to hold the certificate of qualification after a report or complaint is received or a preliminary investigation or inquiry is commenced under section 28 (4) or (5), subsection (2) applies for the purposes of completing action or taking further action respecting the matter.
(4) If a former member does not hold a certificate of qualification and an adverse determination respecting the former member is made under section 34 (b), the council, by a resolution passed by the votes of a majority of the council members present at a duly constituted meeting of the council, may
(a) reprimand the former member, or
(b) direct that, for a set or indeterminate period, the former member is barred from membership and may not be issued a certificate of qualification.
(5) If the council has given a reprimand or made a direction under subsection (4), the registrar must, unless otherwise directed by the council,
(a) notify each board in British Columbia,
(b) notify the minister, and
(c) record the reprimand or direction in the register of members.
39 Section 24 (1) is amended by striking out "Deputy Attorney General" and substituting "minister".
40 Section 28 is amended
(a) in subsection (4) (a), by striking out "where a grievance has been taken in accordance with the terms of a collective agreement by the member and the grievance procedure has been concluded" , and
(b) by adding the following subsection:
(4.1) If a grievance has been taken under the terms of a collective agreement respecting a dismissal, suspension or other disciplinary action reported under section 16 of the School Act, the council or disciplinary committee must not proceed under subsection (4) in response to the report until the grievance procedure has been concluded.
41 The Schedule is repealed.
Transitional
42 (1) Effective on April 1, 1997 all highways in British Columbia that, at the end of the day on March 31, 1997, were secondary highways, as then defined in section 30 of the Highway Act, R.S.B.C. 1979, c. 167,
(a) cease to be classified as secondary highways under that Act or for the purposes of any other enactment, and
(b) become municipal highways for all purposes.
(2) This section and Part 3 of the Highway Act as amended by this Act prevail where inconsistent or in conflict with any agreement made with and ratified by bylaw of a municipal council of any municipality and must be given effect despite any agreement with a municipality or any municipal bylaw.
(3) Sections 13 to 16 and 45 (2) do not give rise to any claim for compensation or damages.
43 (1) In this section:
"eligible person" means a person who becomes eligible to apply for tax deferral under the Land Tax Deferment Act because of the amendment made by this Act to section 5 (1) (d) (iii) of that Act;
"property" means the property of the applicable eligible person to which an agreement referred to in subsection (2) relates;
"tax" means tax as defined in the Land Tax Deferment Act;
"tax Act" means tax Act as defined in the Land Tax Deferment Act.
(2) If an eligible person applies under section 5 of the Land Tax Deferment Act before October 1, 1997, the minister may approve the application and enter into an agreement under section 6 of that Act for the 1997 taxation year, whether or not all or part of the tax levied for the 1997 taxation year on the person's property has been paid.
(3) An application referred to in subsection (2) that is filed with the municipal collector or government before this section comes into force may be held for consideration under section 6 of the Land Tax Deferment Act after this section comes into force, even though the applicant became an eligible person after the application was filed.
(4) In relation to an agreement referred to in subsection (2),
(a) despite any tax Act, no penalty or interest is payable by the eligible person in relation to tax levied for the 1997 taxation year on the person's property, other than the interest payable under the agreement or under the Land Tax Deferment Act or the regulations under that Act, and
(b) if the eligible person has paid all or part of the tax levied for the 1997 taxation year on the person's property, including any penalty in relation to that tax, the minister must refund to the eligible person, out of the consolidated revenue fund, the amount of tax and penalty paid by that person.
44 (1) The rates determined by the Legislative Assembly Management Committee under the Legislative Assembly Management Committee Act for the 1997/98 fiscal year apply with respect to the fiscal year beginning on April 1, 1997.
(2) A group registered retirement savings plan established under the Legislative Assembly Management Committee Act may be made effective as of June 19, 1996.
45 (1) Section 6 is deemed to have come into force on December 26, 1996 and is retroactive to the extent necessary to give it effect on and after that date.
(2) Sections 9, 10, 13 to 16 and 42
(a) are deemed to have come into force on April 1, 1997 and are retroactive to the extent necessary to give them effect on and after that date,
(b) must be applied to, and must be given effect in, every action, suit and other proceeding, whether commenced before, on or after April 1, 1997, and
(c) must not be construed as lacking retroactive effect in relation to any matter because they make no specific reference to that matter.
(3) Sections 1 to 5, 7, 12 and 35 to 41 come into force by regulation of the Lieutenant Governor in Council.
(4) When brought into force by regulation, section 41 is retroactive to the extent necessary to give effect to a regulation described by section 6 (3) of the Teaching Profession Act, as enacted by section 36 (b) of this Act.
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