1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE UJJAL DOSANJH
ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR
MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 74 -- 1999

MISCELLANEOUS STATUTES AMENDMENT
ACT (No. 2), 1999

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

 
Animal Disease Control Act

1 Section 7 of the Animal Disease Control Act, R.S.B.C. 1996, c. 14, is amended by renumbering the section as section 7 (1) and by adding the following subsection:

(2) Despite subsection (1), the permission of the inspector may be given by sending it by electronic means to an address provided by the owner or person.

2 Section 10 is amended by renumbering the section as section 10 (1) and by adding the following subsection:

(2) Despite subsection (1), the permission of the inspector may be given by sending it by electronic means to an address provided by the owner or person.

 

Assessment Act

3 Section 20 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by adding the following subsections:

(6) If, for the year 2000 and subsequent taxation years, in the opinion of the Lieutenant Governor in Council the assessed values for a class of plant are substantially different in a taxation year than they were in the previous taxation year, the Lieutenant Governor in Council may, by regulation, order that the changes in assessed values be phased in by the commissioner as directed in the regulation.

(7) For the purposes of subsection (6), the Lieutenant Governor in Council may make regulations specifying classes of plants for which changes in assessed values are to be phased in over a period of up to 3 years and for that purpose may make regulations

(a) prescribing the manner in which the changes in assessed values are to be phased in, and

(b) prescribing different rates and different periods of time for the phasing in of changes in assessed values for different classes of plants.

4 Section 2 of the Supplement to the Assessment Act is repealed.

 

British Columbia Wine Act

5 Section 1 of the British Columbia Wine Act, R.S.B.C. 1996, c. 39, is amended by adding the following definition:

"registrant" means a producer or processor who is registered under section 3 (a) and is in compliance with the institute's bylaws respecting registration; .

6 Section 2 is repealed and the following substituted:

British Columbia Wine Institute continued

2 (1) The corporation known as the British Columbia Wine Institute is continued, consisting of the directors of the institute.

(2) The board of directors of the institute is comprised of the following:

(a) voting directors elected from among the registrants in the following categories in the manner provided in the bylaws:

(i) 2 directors elected by the large processors as defined in the bylaws;

(ii) 2 directors elected by the medium size processors as defined in the bylaws;

(iii) 2 directors elected by the small processors as defined in the bylaws;

(iv) 2 directors elected by those producers who are not processors;

(b) one non-voting director appointed by the minister from among the minister's staff;

(c) one voting director appointed by the minister.

(3) Each of the voting directors has one vote in meetings of the board.

(4) The board of directors may make bylaws for the institute.

(5) Without limiting subsection (4), the board of directors may make bylaws as follows:

(a) governing the procedure at meetings of the directors;

(b) providing for the election of directors under subsection (2) (a) (i) to (iv), including providing for elections on a regional basis and defining regions for that purpose;

(c) defining categories of processors as large, medium and small for the purposes of subsection (2) (a) (i) to (iii).

(6) The board must elect a chair and vice chair from among its directors.

7 Section 3 is amended

(a) in paragraph (a) by striking out "by the institute," and substituting "by the bylaws," , and

(b) in paragraph (b) by striking out "passed by the institute" and substituting "made by the board of directors".

8 Section 4 is amended

(a) in subsection (1) by striking out "the institute may" and substituting "the board of directors may", and

(b) by repealing subsection (3) and substituting the following:

(3) A bylaw defining a category of processors under section 2 (2) (a) (i) to (iii) or a bylaw under subsection (1) (a) or (e) of this section does not come into force until it is approved by the Lieutenant Governor in Council.

9 Section 5 is repealed and the following substituted:

Direction by Lieutenant Governor in Council

5 (1) The Lieutenant Governor in Council may issue a direction to the institute, its registrants and its board of directors specifying the factors, criteria and guidelines that the institute, its registrants and its board of directors must or must not use in exercising their powers.

(2) The institute, its registrants and its board of directors must comply with any general or special direction made by the Lieutenant Governor in Council.

 

Builders Lien Act

10 Section 1.1 of the Builders Lien Act, S.B.C. 1997, c. 45, is repealed and the following substituted:

Exemptions

1.1 Nothing in this Act extends to any of the following:

(a) a highway, as defined by the Highway Act, or to any improvement done or caused to be done on it by a municipality, the Minister of Transportation and Highways, the BC Transportation Financing Authority or its subsidiaries or any other public body designated by regulation;

(b) a forest service road, as defined in the Forest Act, or any improvement done or caused to be done by or for the Minister of Forests.

 

Building Safety Standards Act, R.S.B.C. 1996, c. 42

11 The Building Safety Standards Act, R.S.B.C. 1996, c. 42, is repealed.

 

Building Safety Standards Act, S.B.C. 1981, c. 11

12 Sections 38 to 44 of the Building Safety Standards Act, S.B.C. 1981, c. 11, are repealed.

 

Commercial River Rafting Safety Act

13 Section 4 of the Commercial River Rafting Safety Act, R.S.B.C. 1996, c. 56, is amended

(a) by repealing subsection (4) and substituting the following:

(4) If the registrar is satisfied that an applicant meets the criteria, the registrar may, subject to section 5 (4), issue a certificate of registration or a licence to the applicant for a period of time, up to 3 years, that the registrar indicates on the certificate of registration or licence. , and

(b) by repealing subsection (6) and substituting the following:

(6) A certificate of registration or a licence is valid from the date of its issue and for the period of time indicated on it.

(7) Subject to this Act, a certificate of registration or a licence may be renewed on payment of the prescribed fee and subsection (4) applies.

14 Section 7 is amended

(a) by repealing subsection (5) and substituting the following:

(5) If the registrar is satisfied with the operating plan, the registrar may issue a permit to the outfitter to operate on the river or rivers to which the permit relates for a period of time, up to 3 years, that the registrar indicates on the permit. ,

(b) by repealing subsection (10) and substituting the following:

(10) A permit is valid from the date of its issue and for the period of time indicated on it. , and

(c) by adding the following subsection:

(12) A permit may be renewed on payment of the prescribed fee and subject to any changes in the terms and conditions or changes to the operating plan that the registrar may require.

 

Community Financial Services Act

15 Section 10 (4) (a) and (b) of the Community Financial Services Act, R.S.B.C. 1996, c. 61, is repealed and the following substituted:

(a) from among individuals who are depositors resident in British Columbia and at least 18 years of age on the day of the election,

(b) by depositors resident in British Columbia and at least 18 years of age on the day of the election, and .

 

Diking Authority Act

16 The Diking Authority Act, R.S.B.C. 1996, c. 96, is repealed.

 

Drainage, Ditch and Dike Act

17 The Supplement to the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is repealed.

 

Electrical Safety Act

18 Section 19 of the Electrical Safety Act, R.S.B.C. 1996, c. 109, is repealed and the following substituted:

Appeal from decision of chief inspector

19 (1) A person who is served with written notice of a decision, order or ruling of the chief inspector or an order made under section 15 may appeal to the appeal board within 30 days after the date he or she is served with the written notice or a longer period permitted by the appeal board.

(2) Any other person may, with leave of the appeal board, appeal a decision, order or ruling of the chief inspector or an order made under section 15 to the appeal board within 30 days after the date the decision, order or ruling was made or a longer period permitted by the appeal board.

19 The Supplement to the Electrical Safety Act is repealed.

 

Elevating Devices Safety Act

20 Section 20 (1) and (4) to (6) of the Elevating Devices Safety Act, R.S.B.C. 1996, c. 110, is repealed.

 

Employee Investment Act

21 Section 23 (2) (d) of the Employee Investment Act, R.S.B.C. 1996, c. 112, is repealed and the following substituted:

(d) either

(i) if the amount paid or to be paid for the eligible investment is represented by equity raised by the employee venture capital corporation before July 30, 1996, 50% of the amount paid or to be paid for the eligible investment, or

(ii) if the amount paid or to be paid for the eligible investment is represented by equity raised by the employee venture capital corporation on or after July 30, 1996, 37.5% of the amount paid or to be paid for the eligible investment; .

 

Environment Management Act

22 Section 1 (a) of the Supplement to the Environment Management Act, R.S.B.C. 1996, c. 118, is repealed.

 

Fire Services Act

23 Section 12 of the Fire Services Act, R.S.B.C. 1996, c. 144, is amended by striking out "set by regulation" and substituting "prescribed by the Lieutenant Governor in Council".

24 Section 47 (1) and (2) is amended by striking out "Lieutenant Governor in Council" and substituting "minister".

25 The Supplement to the Fire Services Act is repealed.

 

Fisheries Act

26 Section 14 of the Fisheries Act, R.S.B.C. 1996, c. 149, is amended by adding the following subsections:

(1.1) Despite subsection (1), if the minister has an electronic address for the receipt of applications referred to in subsection (1), an applicant may apply for the licence by sending the information specified by the minister by electronic means to the address provided by the minister.

(1.2) The minister must acknowledge receipt of an application made under subsection (1.1) by sending the acknowledgment by electronic means to the applicant.

 

Gas Safety Act

27 Section 27 of the Gas Safety Act, R.S.B.C. 1996, c. 169, is repealed and the following substituted:

Appeal from decision of chief inspector

27 (1) A person who is served with written notice of a decision, order or ruling of the chief inspector may appeal to the appeal board within 30 days after the date the person is served with the written notice or a longer period permitted by the appeal board.

(2) Any other person may, with leave of the appeal board, appeal a decision, order or ruling of the chief inspector to the appeal board within 30 days after the date the decision, order or ruling was made or a longer period permitted by the appeal board.

28 The Supplement to the Gas Safety Act is repealed.

 

Health Act

29 Sections 1, 2 and 4 of the Supplement to the Health Act, R.S.B.C. 1996, c. 179, are repealed.

 

Heritage Conservation Act

30 Section 12 (1) of the Heritage Conservation Act, R.S.B.C. 1996, c. 187, is amended by striking out "sections 13 (4) and 14 (4)," and substituting "sections 3 (4), 13 (4), 14 (2) and (4) and 32,".

 

Highway Act

31 Section 15 (4) of the Highway Act, R.S.B.C. 1996, c. 188, is amended by striking out "prepaid".

32 Section 32 is amended by adding the following subsection:

(1.1) Despite subsection (1), the minister may issue the permit by sending it by electronic means to an address provided by the person.

 

Hospital Act

33 Sections 3 and 9 of the Supplement to the Hospital Act, R.S.B.C. 1996, c. 200, are repealed.

 

Hydro and Power Authority Act,

34 Section 2 of the Supplement to the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is repealed.

 

Land Act

35 Section 1 of the Land Act, R.S.B.C. 1996, c. 245, is amended in the definition of "commissioner" by striking out "Lieutenant Governor in Council" and substituting "minister".

36 Sections 2 and 3 are amended by striking out "Lieutenant Governor in Council" and substituting "minister".

37 Section 14 (1) is amended

(a) in paragraph (a) by striking out "one year" and substituting "2 years", and

(b) in paragraph (b) by striking out "6 months" and substituting "2 years".

38 Section 18 is repealed and the following substituted:

Land below natural water boundary

18 (1) Except by order of the Lieutenant Governor in Council, on the terms the Lieutenant Governor in Council may specify, unfilled Crown land below the natural boundary of a body of water must not be disposed of by Crown grant under this Act.

(2) Except by order of the minister, on the terms the minister may specify, filled Crown land below the natural boundary of a body of water must not be disposed of by Crown grant under this Act.

39 Section 19 is amended by striking out "Lieutenant Governor in Council" and substituting "minister" in both places.

40 Sections 20 (2) and 21 (2) are amended by striking out "with the prior approval of the Lieutenant Governor in Council,".

41 Section 22 is amended by striking out "Lieutenant Governor in Council," and substituting "minister,".

42 Section 59 (4) is amended by striking out "a public officer appointed" and substituting "a government corporation or public officer to whom a power is delegated".

43 Section 61 is repealed and the following substituted:

Enforcement of payment

61 (1) If a person is required to pay money under section 59, the money

(a) is due and payable by the date specified for payment in the notice served on or delivered to the person who is required to pay it, and

(b) bears interest at a prescribed rate.

(2) If the person fails to pay the money after service or delivery of the notice referred to in subsection (1), the minister may issue and file with a court having jurisdiction a certificate stating

(a) the amount that remains unpaid including interest, and

(b) the name of the person who is required to pay.

(3) A certificate filed under subsection (2) has the same effect as an order of the court for the recovery of a debt in the amount stated in the certificate against the person named in it, and all proceedings may be taken as if it were an order of the court.

 

Land Title Act

44 Section 85.1 (c) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "section 27" and substituting "section 26.2".

 

Library Act

45 Section 5 (1) of the Library Act, R.S.B.C. 1996, c. 264, is amended by striking out "adoption" and substituting "coming into force".

46 Section 16 (2) to (4) is repealed and the following substituted:

(2) A municipal council must, by resolution,

(a) appoint one of its members to be a member of the library board, and

(b) appoint another of its members as an alternate member to serve on the library board if the member appointed under paragraph (a) is absent or unable to act.

(3) If there is more than one electoral participating area in the regional library district, the regional district board must, by resolution,

(a) appoint from among the directors of the electoral participating areas a member of the library board, and

(b) appoint another of the directors of the electoral participating areas as an alternate member to serve on the library board if the member appointed under paragraph (a) is absent or unable to act.

(4) If there is only one electoral participating area in a regional library district,

(a) the director of the electoral participating area is a member of the library board, and

(b) the alternate director of the electoral participating area is the alternate member on the library board if the director of the electoral participating area is absent or unable to act.

47 Section 28 (4) is amended by striking out "and appoint an alternate representative under section 16 (4)".

 

Manufactured Home Act

48 Sections 6 and 8 of the Supplement to the Manufactured Home Act, R.S.B.C. 1996, c. 280, are repealed.

 

Mineral Tax Act

49 Section 5 (2) of the Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended

(a) in paragraph (a) by striking out ", and", and

(b) by repealing paragraph (b).

50 Section 26 (1) is amended by striking out "giving" and substituting "issuing" and by striking out everything after "registered mail" and substituting "to the board and to the commissioner."

 

Ministry of Social Services and Housing Act

51 The Ministry of Social Services and Housing Act, R.S.B.C. 1996, c. 310, is repealed.

 

Municipal Act

52 Section 661 of the Municipal Act, R.S.B.C. 1996, c. 323, is amended by repealing subsections (5) and (6) and substituting the following:

(5) A council may, by bylaw, do one or more of the following:

(a) despite subsection (1) (a), provide for the issuance of a business licence for any term up to 5 years after the date on which it is granted;

(b) provide different licensing periods for different classes of licences;

(c) set and impose licence fees that may be different for different classes of licences and different licensing periods.

53 Section 920 (1) (c) is repealed.

54 Section 959 (1) and (2) is repealed and the following substituted:

(1) If, in the opinion of a local government, real property owned by the Provincial government has heritage value or heritage character, the local government may, by resolution, request that Provincial protection be provided for the property.

(2) Within 5 days after a resolution under subsection (1) is adopted, the local government must convey the resolution to the minister responsible for the Heritage Conservation Act.

55 Section 966 is amended by adding the following subsection:

(8.1) Despite section 257, if a public hearing on the matter has been held under subsection (8), the local government may adopt the bylaw under this section at the same meeting at which the bylaw passed third reading.

56 Section 968 (2) is amended by striking out "(5) to (8)" and substituting "(5) to (9)".

57 Sections 3 to 6 of the Supplement to the Municipal Act are repealed.

 

Natural Products Marketing (BC) Act

58 Section 8 of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended

(a) in subsection (7) by adding at the end "or on its own initiative",

(b) by adding the following subsections:

(8.1) Despite subsection (8), the Provincial board may conduct all or part of a hearing in private to the extent it considers necessary to do one or both of the following:

(a) to protect confidential business records or confidential business information respecting a party or witness from disclosure to competitors;

(b) to protect personal or medical information about a party or witness from public disclosure.

(8.2) The Provincial board may order that an order, decision or determination of a marketing board or commission that is under appeal is stayed pending the outcome of the appeal.

(8.3) On the request of a party to an appeal, the Provincial board may dismiss an appeal as frivolous, vexatious or trivial. , and

(c) in subsection (11) by striking out "pay the" and substituting "pay any or all".

 

Power Engineers and Boiler and Pressure Vessel Safety Act

59 Section 27 of the Power Engineers and Boiler and Pressure Vessel Safety Act, R.S.B.C. 1996, c. 368, is repealed and the following substituted:

Appeal from decision of director

27 (1) A person who is served with written notice of a decision, order or ruling of the director may appeal to the appeal board within 30 days after the date the person is served with the written notice or a longer period permitted by the appeal board.

(2) Any other person may, with leave of the appeal board, appeal a decision, order or ruling of the director to the appeal board within 30 days after the date the person is served with the written notice or a longer period permitted by the appeal board.

 

Seed Grower Act

60 The Supplement to the Seed Grower Act, R.S.B.C. 1996, c. 420, is repealed.

 

Seed Potato Act

61 The Supplement to the Seed Potato Act, R.S.B.C. 1996, c. 421, is repealed.

 

Travel Regulation Act

62 Sections 5 and 6 of the Travel Regulation Act, R.S.B.C. 1996, c. 460, are repealed.

 

Vancouver Charter

63 Section 273 of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:

Term of licence

273 (1) The Council may, by by-law,

(a) set the term of a licence referred to in section 272 (1) for any period up to 2 years after the date on which the licence is granted,

(b) set a different term of licence for different classes of licences and, with respect to a licence referred to in section 272 (1) (a), set a different term of licence for different businesses, trades, professions or occupations, and

(c) provide for the prorating of the prescribed fee for a licence in relation to the actual term of the licence.

(2) A licence referred to in section 272 must set out the term of the licence and the expiry date of the licence.

(3) The Council may delegate to an officer or employee of the city the authority to set the term of a licence referred to in subsection (1) under conditions established in the by-law.

(4) A valid and subsisting licence referred to in section 272 that was granted before the coming into force of this section remains valid until its expiration date unless earlier surrendered or cancelled.

64 Section 324A (1) is amended by striking out "return registered mail" and substituting "registered mail".

65 Section 566 (3) is repealed and the following substituted:

(3) Notice of the hearing, stating

(a) the time and place of the hearing, and

(b) the place where and the times when a copy of the proposed by-law may be inspected,

shall be published in at least 2 consecutive issues of a daily newspaper circulating in the city, with the last publication appearing at least 7 days and not more than 14 days before the date of the hearing.

66 Section 586 (1) and (2) is repealed and the following substituted:

(1) If, in the opinion of the Council, real property owned by the Provincial government has heritage value or heritage character, the Council may, by resolution, request that Provincial protection be provided for the property.

(2) Within 5 days after a resolution under subsection (1) is adopted, the Council must convey the resolution to the minister responsible for the Heritage Conservation Act.

67 Section 594 (4) is repealed.

 

Veterinarians Act

68 Section 33 (1) of the Veterinarians Act, R.S.B.C. 1996, c. 476, is amended by striking out "prosecution" and substituting "proceeding" and by striking out "defendant," and substituting "defendant, respondent".

69 The following section is added:

Injunction

35 The Supreme Court may, on the application of the association and on being satisfied that there is reason to believe that there is or will be a contravention of this Act, grant an injunction restraining a person from committing the contravention and, pending disposition of the proceeding seeking the injunction, the court may grant an interim injunction.

 

Waste Management Act

70 Section 1 of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by adding the following subsection:

(5) For the purposes of the definitions of "air contaminant" and "effluent", it is not necessary to prove

(a) that the air contaminant or effluent, if diluted at or subsequent to the point of discharge, continues to be capable of harming, injuring or damaging a person, life form, property or the environment, or

(b) the actual presence of a person who, or any life form that, is capable of being harmed or injured by the discharge of the air contaminant or effluent.

71 Section 13 is amended by adding the following subsection:

(8) Despite subsection (7) (b), the manager may give the notice by electronic means to an address provided by the holder of the permit or approval.

72 Section 14 is amended by adding the following subsection:

(1.1) Despite subsection (1), the manager may give the consent by electronic means to an address provided by the holder of the permit or approval.

 

Weed Control Act

73 Section 6 (2) (b) of the Weed Control Act, R.S.B.C. 1996, c. 487, is amended by striking out "double".

Transitional -- British Columbia Wine Act

74 When setting the date that sections 5 to 9 come into force, the Lieutenant Governor in Council may, by regulation, provide for elections of the directors to be elected under the British Columbia Wine Act to be held as if those sections were in force.

Commencement

75 (1) Sections 3 to 15, 18 to 21, 23 to 30, 33, 35 to 43, 45 to 59, 62 to 69, 71 and 72 come into force by regulation of the Lieutenant Governor in Council.

(2) Section 44 is deemed to have come into force on April 21, 1997 and is retroactive to the extent necessary to give it effect on and after that date.

 
Explanatory Notes

Animal Disease Control Act
(Ministry of Agriculture and Food)

SECTION 1: [Animal Disease Control Act, amends section 7] allows an inspector to give permission by electronic means for the moving or disposing of a diseased animal.

SECTION 2: [Animal Disease Control Act, amends section 10] allows an inspector to give permission by electronic means for the moving of an animal exposed to disease.


Assessment Act
(Ministry of Municipal Affairs)

SECTION 3: [Assessment Act, adds section 20 (6) and (7)] provides powers to allow phasing in of changes in assessed values for prescribed classes of major industrial property.

SECTION 4: [Assessment Act, repeals section 2 of the Supplement] repeals an obsolete not in force provision.


British Columbia Wine Act
(Ministry of Agriculture and Food)

SECTION 5: [British Columbia Wine Act, amends section 1] adds a definition of "registrant".

SECTION 6: [British Columbia Wine Act, re-enacts section 2] revises the structure of the board of directors and provides for bylaw making powers respecting the board.

SECTION 7: [British Columbia Wine Act, amends section 3] is consequential to the new section 2 of the Act as re-enacted by this Bill.

SECTION 8: [British Columbia Wine Act, amends section 4] is consequential to the new section 2 of the Act as re-enacted by this Bill.

SECTION 9: [British Columbia Wine Act, re-enacts section 5] is consequential to the amendment made to section 1 of the Act by this Bill.


Builders Lien Act
(Ministry of Employment and Investment and
Ministry Responsible for Housing)

SECTION 10: [Builders Lien Act, re-enacts section 1.1] re-enacts the section to exempt improvements done on a forest service road or by or for the Minister of Forests.


Building Safety Standards Act
(Ministry of Municipal Affairs)

SECTION 11: [Building Safety Standards Act, repeals the Act] repeals an obsolete Act most of which has never been brought into force.


Building Safety Standards Act
(Ministry of Municipal Affairs)

SECTION 12: [Building Safety Standards Act, repeals sections 38 to 44] repeals unconsolidated consequential amendments in the original enactment of this obsolete Act.


Commercial River Rafting Safety Act
(Ministry of Environment, Lands and Parks)

SECTION 13: [Commercial River Rafting Safety Act, amends section 4] permits the issue or renewal of a certificate of registration or a licence for up to 3 years rather than a set period of 12 months.

SECTION 14: [Commercial River Rafting Safety Act, amends section 7] permits the issue or renewal of a permit for up to 3 years rather than a set period of 12 months.


Community Financial Services Act
(Ministry of Employment and Investment and
Ministry Responsible for Housing)

SECTION 15: [Community Financial Services Act, repeals and replaces section 10 (4) (a) and (b)] re-establishes the qualifications for election to the advisory council and voting in an election.


Diking Authority Act
(Ministry of Environment, Lands and Parks)

SECTION 16: [Diking Authority Act, repeals the Act] repeals an Act enacted in 1965 but never brought into force.


Drainage, Ditch and Dike Act
(Ministry of Environment, Lands and Parks)

SECTION 17: [Drainage, Ditch and Dike Act, repeals the Supplement] repeals the unproclaimed repeal of Part 2 of the Act.


Electrical Safety Act
(Ministry of Municipal Affairs)

SECTIONS 18 and 19: [Electrical Safety Act, re-enacts section 19 and repeals the Supplement] are consequential to the repeal of the Building Safety Standards Act, re-enact section 19 to remove references to the Building Safety Standards Act and repeal unproclaimed consequential amendments originally enacted by the repealed Act.


Elevating Devices Safety Act
(Ministry of Municipal Affairs)

SECTION 20: [Elevating Devices Safety Act, amends section 20] is consequential to the repeal of the Building Safety Standards Act.


Employee Investment Act
(Ministry of Small Business, Tourism and Culture)

SECTION 21: [Employee Investment Act, repeals and replaces section 23 (2) (d)] recognizes a 1996 change made to section 24 (1) reducing the tax credit amount from 20% to 15%.


Environment Management Act
(Ministry of Environment, Lands and Parks)

SECTION 22: [Environment Management Act, repeals section 1 (a) of the Supplement] repeals the unproclaimed repeal of section 15 (2) (b) of the Act.


Fire Services Act
(Ministry of Municipal Affairs)

SECTION 23: [Fire Services Act, amends section 12] keeps the power to make regulations setting remuneration of local assistants with the Lieutenant Governor in Council.

SECTION 24: [Fire Services Act, amends section 47 (1) and (2)] provides that the minister has the power to make the regulations authorized by section 47.

SECTION 25: [Fire Services Act, repeals the Supplement] repeals unproclaimed amendments originally enacted by the obsolete Building Safety Standards Act which is being repealed.


Fisheries Act
(Ministry of Fisheries)

SECTION 26: [Fisheries Act, adds section 14 (1.1) and (1.2)] allows an applicant to apply for a licence by electronic means.


Gas Safety Act
(Ministry of Municipal Affairs)

SECTIONS 27 and 28: [Gas Safety Act, re-enacts section 27 and repeals the Supplement] are consequential to the repeal of the Building Safety Standards Act, re-enact section 27 to remove references to the Building Safety Standards Act and repeal unproclaimed consequential amendments originally enacted by the repealed Act.


Health Act
(Ministry of Health and Ministry Responsible for Seniors)

SECTION 29: [Health Act, repeals sections 1, 2 and 4 of the Supplement] is consequential to the repeal of the Building Safety Standards Act, and repeals unproclaimed consequential amendments originally enacted by the repealed Act.


Heritage Conservation Act
(Ministry of Small Business, Tourism and Culture)

SECTION 30: [Heritage Conservation Act, amends section 12 (1)] adds cross referenced sections to the list of sections to which the subsection applies.


Highway Act
(Ministry of Transportation and Highways)

SECTION 31: [Highway Act, amends section 15 (4)] corrects an anomalous reference to registered mail.

SECTION 32: [Highway Act, adds section 32 (1.1)] allows the minister to issue a permit by electronic means.


Hospital Act
(Ministry of Health and Ministry Responsible for Seniors)

SECTION 33: [Hospital Act, repeals sections 3 and 9 of the Supplement] is consequential to the repeal of the Building Safety Standards Act, and repeals unproclaimed consequential amendments originally enacted by the repealed Act.


Hydro and Power Authority Act
(Ministry of Employment and Investment and
Ministry Responsible for Housing)

SECTION 34: [Hydro and Power Authority Act, repeals section 2 of the Supplement] is inconsistent with the re-enactment of section 35 of the Hydro and Power Authority Act enacted by section 2 of the British Columbia Hydro and Power Authority Rate Freeze and Profit Sharing Act, 1998.


Land Act
(Ministry of Environment, Lands and Parks)

SECTION 35: [Land Act, amends section 1] amends the definition of "commissioner" to allow the minister rather than the Lieutenant Governor in Council to authorize a person to act as a commissioner.

SECTION 36: [Land Act, amends sections 2 and 3] allows regulations under these sections to be made by the minister rather than the Lieutenant Governor in Council.

SECTION 37: [Land Act, amends section 14 (1)] increases the term of a permit to a period not longer than 2 years.

SECTION 38: [Land Act, re-enacts section 18] re-enacts the section to require only the approval of the minister to a disposal by Crown grant of filled Crown land below the natural boundary of a body of water.

SECTION 39: [Land Act, amends section 19] allows the minister rather than the Lieutenant Governor in Council to override fact based determinations under the section.

SECTION 40: [Land Act, amends sections 20 (2) and 21 (2)] deletes requirement for approval by the Lieutenant Governor in Council.

SECTION 41: [Land Act, amends section 22] requires the approval of the minister rather than of the Lieutenant Governor in Council.

SECTION 42: [Land Act, amends section 59 (4)] corrects a cross reference to persons to whom powers are delegated under section 97 (1) of the Act.

SECTION 43: [Land Act, re-enacts section 61] provides for the enforcement of all debts created under section 59 by filing in a court a certificate that is enforceable in the same manner as a judgment.


Land Title Act
(Ministry of Environment, Lands and Parks)

SECTION 44: [Land Title Act, amends section 85.1 (c)] corrects a statute revision error.


Library Act
(Ministry of Municipal Affairs)

SECTION 45: [Library Act, amends section 5 (1)] allows for a municipal bylaw establishing a library to come into effect either on adoption or on a later date specified in the bylaw.

SECTION 46: [Library Act, repeals and replaces section 16 (2) to (4)] provides for the appointment or designation of a person to act as an alternate member on the library board if the primary member is absent or unable to act.

SECTION 47: [Library Act, amends section 28 (4)] is consequential to the re-enactment of section 16 (4) of the Act.


Manufactured Home Act
(Ministry of Municipal Affairs)

SECTION 48: [Manufactured Home Act, repeals sections 6 and 8 of the Supplement] is consequential to the repeal of the Building Safety Standards Act, and repeals unproclaimed consequential amendments originally enacted by the repealed Act.


Mineral Tax Act
(Ministry of Energy and Mines and
Ministry Responsible for Northern Development)

SECTION 49: [Mineral Tax Act, amends section 5 (2)] removes an obstacle to claiming a reclamation tax credit.

SECTION 50: [Mineral Tax Act, amends section 26 (1)] allows appeals to be directed to the Mineral Tax Review Board as well as to the commissioner, and deletes an obsolete address.


Ministry of Social Services and Housing Act
(Ministry of Human Resources)

SECTION 51: [Ministry of Social Services and Housing Act, repeals the Act] repeals the Act.


Municipal Act
(Ministry of Municipal Affairs)

SECTION 52: [Municipal Act, amends section 661 (5) and (6)] allows the council of a municipality to issue business licences for up to 5 years, for different licensing periods, and with different fees.

SECTION 53: [Municipal Act, repeals section 920 (1) (c)] removes the current requirement that any alteration of designated heritage property within a development permit area must be authorized by a development permit as well as a heritage alteration permit.

SECTION 54: [Municipal Act, repeals and replaces section 959 (1) and (2)] clarifies the process by which a local government can request the Provincial government to provide protection for heritage property owned by the Province.

SECTION 55: [Municipal Act, adds section 966 (8.1)] allows heritage revitalization agreement bylaws to be adopted at the same meeting at which they are given third reading.

SECTION 56: [Municipal Act, amends section 968 (2)] by extending the application of section 890 (9) [zoning bylaws] to heritage designation bylaws, allows these to be adopted at the same meeting at which they are given third reading.

SECTION 57: [Municipal Act, repeals sections 3 to 6 of the Supplement] is consequential to the repeal of the Building Safety Standards Act.


Natural Products Marketing (BC) Act
(Ministry of Agriculture and Food)

SECTION 58: [Natural Products Marketing (BC) Act, amends section 8]


Power Engineers and Boiler and Pressure Vessel Safety Act
(Ministry of Municipal Affairs)

SECTION 59: [Power Engineers and Boiler and Pressure Vessel Safety Act, re-enacts section 27] is consequential to the repeal of the Building Safety Standards Act, and re-enacts section 27 to remove references to that Act.


Seed Grower Act
(Ministry of Agriculture and Food)

SECTION 60: [Seed Grower Act, repeals the Supplement] repeals obsolete not in force provisions.


Seed Potato Act
(Ministry of Agriculture and Food)

SECTION 61: [Seed Potato Act, repeals the Supplement] repeals obsolete not in force provisions.


Travel Regulation Act
(Ministry of Small Business, Tourism and Culture)

SECTION 62: [Travel Regulation Act, repeals sections 5 and 6] repeals these sections of the Act.


Vancouver Charter
(Ministry of Municipal Affairs)

SECTION 63: [Vancouver Charter, re-enacts section 273] provides the City of Vancouver with the authority to set the term of a licence for up to 2 years, and to prorate the fees for licences.

SECTION 64: [Vancouver Charter, amends section 324A (1)] corrects an anomalous reference to registered mail.

SECTION 65: [Vancouver Charter, repeals and replaces section 566 (3)] establishes a standardized notice period for zoning by-laws and heritage designation by-laws.

SECTION 66: [Vancouver Charter, repeals and replaces 586 (1) and (2)] clarifies the process by which the City of Vancouver can request the Provincial government to provide protection for heritage property owned by the Province.

SECTION 67: [Vancouver Charter, repeals section 594 (4)] makes the period for publishing heritage designation notices coincide with the time period for notice of zoning by-laws.


Veterinarians Act
(Ministry of Agriculture and Food)

SECTION 68: [Veterinarians Act, amends section 33 (1)] is consequential to the new section 35 of the Act as enacted by this Bill.

SECTION 69: [Veterinarians Act, enacts section 35] authorizes the court to grant injunctions, including interim injunctions.


Waste Management Act
(Ministry of Environment, Lands and Parks)

SECTION 70: [Waste Management Act, adds section 1 (5)] clarifies that the capability of harm, injury or damage from an air contaminant or effluent is at the point of discharge and not after potential dilution, and does not require proof of actual harm, injury or damage to a person, life form, property or the environment, or the presence of a person or life form.

SECTION 71: [Waste Management Act, adds section 13 (8)] allows a manager to give notice by electronic means for an amendment to a permit or approval.

SECTION 72: [Waste Management Act, adds section 14 (1.1)] allows a manager to give consent by electronic means for the transfer of a permit or approval.


Weed Control Act
(Ministry of Agriculture and Food)

SECTION 73: [Weed Control Act, amends section 6 (2) (b)] corrects an anomalous reference to registered mail.

SECTION 74: [British Columbia Wine Act, Transitional -- British Columbia Wine Act] provides for transition for elections under sections 1 to 5 of the British Columbia Wine Act as amended by this Bill.


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