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 97 — 1999

MISCELLANEOUS STATUTES AMENDMENT
ACT (No. 3), 1999

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

 
Attorney General Act

1 Section 3 (2) of the Attorney General Act, R.S.B.C. 1996, c. 22, is repealed and the following substituted:

(2) A public body designated by the Attorney General must comply with all requirements and standards established by the Attorney General for that public body in respect of the following:

(a) retaining, contracting with or employing persons to provide legal services;

(b) reports on and audits of those legal services.

 
College and Institute Act

2 Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended

(a) by repealing the definition of "representative group" and substituting the following:

"representative group" means

(a) a bargaining agent, as defined in section 1 of the Labour Relations Code, for faculty members or for support staff, or

(b) a student society or student organization for which fees are collected under section 19 or 21 of this Act; ,

(b) by repealing the definition of "student association", and

(c) by adding the following definition:

"student society" means an organization incorporated as a society under the Society Act whose purpose is to represent the interests of the general student body, but does not include a provincial or national student organization; .

3 Section 19 is amended by adding the following subsection:

(3.1) Without limiting subsection (3), the board has the power to collect fees on behalf of a student organization and remit those fees to the student organization.

4 Section 21 is repealed and the following substituted:

Student society fees

21 (1) Subject to subsection (2), on annual notice from a student society, the board must direct the institution to collect student society fees and remit them to the student society if

(a) the institution collected fees on behalf of the student society between June 1, 1998 and June 1, 1999, or

(b) the student society has been designated by regulation and the amount of the student society fees has been approved by a majority of the members of the student society who voted in a referendum of that student society.

(2) If a student society referred to in subsection (1) (a) or (b) changes student society fees, the new amount or the rate of change must be approved, before a notice is issued under subsection (1), by a majority of the members of the student society who vote in a referendum of that student society.

(3) On annual notice from a student society, the board must direct the institution to collect fees on behalf of a provincial or national student organization and remit them to the student society or directly to the provincial or national student organization, as may be agreed by the board and the student society, if

(a) the institution collected fees on behalf of the provincial or national student organization between June 1, 1998 and June 1, 1999, or

(b) the student society has held a referendum and the majority of the members of the student society voting in that referendum voted in favour of joining the provincial or national student organization.

(4) The board may direct that the institution cease to collect or remit student society fees to a student society if one of the following applies:

(a) the student society fails to do one of the following in a timely manner:

(i) make available to its members annual audited financial statements and a report on those financial statements by an auditor who meets the requirements of section 42 of the Society Act;

(ii) inform the board in writing that the requirements set out in subparagraph (i) have been met;

(b) the student society is struck off the register in accordance with section 71 of the Society Act.

5 Section 68 is repealed and the following substituted:

Power to make regulations

68 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act, including regulations for the purposes of section 21 (1) (b) of this Act.

 
Coroners Act

6 Section 9 of the Coroners Act, R.S.B.C. 1996, c. 72, is amended

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

(g) in a correctional centre or penitentiary or a police prison or lockup. ,

(b) by repealing subsection (2) (a) (i),

(c) in subsection (2) (a) (iii) by striking out "a facility or place referred to in subparagraphs (i) and (ii), or" and substituting "a place referred to in subparagraph (ii), or", and

(d) by repealing subsection (2) (b) (ii) and substituting the following:

(ii) committed to a correctional centre or penitentiary or a police prison or lockup.

7 Section 10 is amended by striking out "death in a penitentiary or of a death in the circumstances referred to in section 9 (1) (g) or (3)." and substituting "death in a police prison or lockup or of a death in the circumstances referred to in section 9 (3)."

8 Section 15 (1) is amended by adding the following paragraph:

(d) enter and inspect a cemetery or other place where a dead body may have been interred and disinter or exhume the remains of that body.

9 Section 20 is amended

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

(1) If a death has occurred other than in a police prison or lockup or under circumstances that require an inquest, instead of summoning a jury, the coroner may make an inquiry into the death of the deceased as the coroner considers proper. , and

(b) by adding the following subsections:

(5) A person may apply to the chief coroner to have an inquiry reopened on the grounds that new evidence has arisen or has been discovered after the coroner's report is forwarded to the chief coroner under subsection (4).

(6) The chief coroner may direct that the coroner reconsider the matter if the chief coroner considers that the evidence referred to in subsection (5)

(a) is substantial and material to the inquiry, and

(b) did not exist at the time of the inquiry or did exist at that time but was not discovered and could not through the exercise of due diligence have been discovered.

(7) For the purposes of reconsideration under subsection (6), the coroner has the same jurisdiction, powers and duties that the coroner has in respect of the inquiry.

 
Corporation Capital Tax Act

10 Section 3 of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, is amended

(a) by repealing subsection (2) (a) and substituting the following:

(a) if the corporation has, at the end of the applicable taxation year, net paid up capital of more than $1 billion, the tax imposed on and payable by the corporation under subsection (1) for the taxation year is

(i) in the case of a corporation that, at the end of the applicable taxation year, is based in British Columbia and has its head office in British Columbia, an amount equal to 1% of the net B.C. paid up capital of the corporation for that taxation year, or

(ii) in any other case, an amount equal to 3% of the net B.C. paid up capital of the corporation for that taxation year, or , and

(b) by adding the following subsections:

(6) The Lieutenant Governor in Council may make regulations

(a) defining when a corporation is considered to be based in British Columbia, and

(b) defining "head office"

for the purposes of subsection (2) (a) (i).

(7) A regulation made under subsection (6) may be made retroactive to July 1, 1999 or such later date as the Lieutenant Governor in Council may determine, and a regulation made retroactive is deemed to come into force on the date specified in the regulation.

 
Expropriation Act

11 Section 40 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended

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

(1) Subject to section 44, if part of the land of an owner is expropriated, he or she is entitled to compensation for

(a) the market value of the owner's estate or interest in the expropriated land, and

(b) the following if and to the extent they are directly attributable to the taking or result from the construction or use of the works for which the land is acquired:

(i) the reduction in the market value of the remaining land;

(ii) reasonable personal and business losses. , and

(b) in subsection (3) by striking out "the market value of the land expropriated" and substituting "the amount of compensation payable in respect of the matters referred to in subsection (1) (a) and (b) (i)".

12 Section 41 is amended by adding the following subsection:

(4) Without limiting any other provision of this section, the BC Transportation Financing Authority has no greater liability to compensate an owner for injurious affection than does the Minister of Transportation and Highways.

13 Section 44 is amended

(a) in subsection (1) by adding "the expropriation or" before "the construction or use" in both places, and

(b) by adding the following subsection:

(1.1) If part of the land of an owner is expropriated, and the expropriation or the construction or use of the works for which the expropriated land was acquired are of any benefit to that owner, the estimated value of the benefit must be deducted from the amount of compensation otherwise payable to that owner, under section 40 (1) (b) (i), for the reduction in the market value of the remaining land, whether or not any other owner is benefited by the expropriation of the expropriated land or by the construction or use of the works.

 
Finance and Corporate Relations Statutes Amendment Act, 1998

14 Section 1 of the Finance and Corporate Relations Statutes Amendment Act, 1998, S.B.C. 1998, c. 7, is amended in the part enacting the definition of "mortgage" in section 1 of the Mortgage Brokers Act by striking out "and 17.5" and substituting "and 17.4".

15 Section 10 is amended in that part enacting section 15.2 of the Mortgage Brokers Act by repealing paragraph (a) and substituting the following:

(a) a failure to provide a disclosure statement under section 16, 17.3 or 17.4 or an information statement under section 17.1, or .

16 Section 12 is repealed and the following substituted:

12 Section 16 (1), (3) and (7) is repealed and the following substituted:

(1) The responsible person must provide to the borrower in a mortgage transaction, within the time prescribed in the regulation, a separate written disclosure statement that

(a) is in the prescribed form and has the prescribed content,

(b) is designated as a disclosure statement, and

(c) has been completed and signed by the responsible person.

(3) A borrower entitled under subsection (1) to receive a disclosure statement is relieved of any obligation to enter into the mortgage and may rescind the signed mortgage, if any, and any ancillary agreement with the mortgage broker or lender in relation to the mortgage transaction, including but not limited to an agency agreement with a mortgage broker, if the borrower, within 2 days after the date the borrower receives the disclosure statement, delivers or mails to the responsible person and, if the borrower has signed the mortgage, to the registrar of titles in whose office the land comprised in the mortgage is registered, a notice that the borrower withdraws from or rescinds the mortgage.

(3.1) A notice under subsection (3) is sufficiently given for the purposes of that subsection if delivered to the responsible person or sent by mail addressed to the responsible person at his or her place of business given in the disclosure statement.

(3.2) On receipt of a notice under subsection (3), the responsible person, if not also the lender or one of the lenders in the mortgage transaction, must give the lender a copy of the notice, and the copy is sufficiently given to the lender if delivered to the lender, or sent by mail addressed to the lender,

(a) at the lender's place of business or at the place of business of any of the lenders, if more than one, or

(b) at another address given to the responsible person for the lender or lenders, as the case may be.

(3.3) Subject to this section, a notice under subsection (3) operates

(a) to relieve the borrower from any obligation under, or to enter into or proceed with,

(i) the mortgage that is the subject of the notice, or

(ii) any ancillary agreement referred to in subsection (3), and

(b) to rescind the mortgage and any ancillary agreement referred to in subsection (3).

(7) If a borrower gives notice under subsection (3), the borrower must

(a) promptly repay to the lender the full amount, if any, actually advanced on the mortgage,

(b) within 10 days after receipt of a statement of expenses, if any, reasonably and necessarily incurred by the lender, pay those expenses, and

(c) within 10 days after receipt of a statement of expenses, if any, reasonably and necessarily incurred by the mortgage broker, if a person other than the lender, pay those expenses.

(7.1) For the purposes of subsection (7), any expense that is an additional amount as defined in section 15 is not an expense reasonably and necessarily incurred.

17 Section 15 is amended by repealing Divisions 3 and 4 of Part 2 of the Mortgage Brokers Act as enacted by that section and substituting the following:

Division 3 — Disclosure to Investors and Lenders

Prior disclosure

17.1 (1) A mortgage broker who

(a) arranges a mortgage in which another person is to be the mortgagee,

(b) arranges the sale of a mortgagee's interest in a mortgage from one person to another, or

(c) sells the mortgage broker's own interest as mortgagee under a mortgage to another person,

must provide to the other person a written information statement that meets the requirements of subsection (3).

(2) A mortgage broker must provide the information statement under subsection (1) to the other person

(a) if the funds are paid into trust, on or before release of the funds from trust at the direction of the other person, or

(b) if the funds are not paid into trust, on or before the advancement of funds by the other person.

(3) The information statement referred to in subsection (1) must

(a) be in the prescribed form, include the prescribed contents and be accompanied by any documents that are prescribed,

(b) be dated and signed by the mortgage broker,

(c) contain disclosure that is true, plain and not misleading of the matters in the prescribed contents referred to in paragraph (a), and

(d) have printed or stamped in conspicuous type on its first page the following words:

"Neither the Registrar of Mortgage Brokers nor any other authority of the government of the Province of British Columbia has in any way approved the merits of the matters dealt with in this information statement. This information statement has not been filed with the Registrar of Mortgage Brokers and the registrar has not determined whether or not it complies with Part 2 of the Mortgage Brokers Act."

(4) Despite any applicable agreement, the person who in a transaction referred to in subsection (1) is the intended mortgagee or purchaser of the mortgage, as the case may be, is not obligated to advance funds under that transaction unless the mortgage broker complies with subsections (1) and (2).

Retention and filing of information statements

17.2 A mortgage broker required to provide an information statement under section 17.1 must retain a copy of the information statement for a period of at least 7 years.

Division 4 — Conflict of Interest

Conflict of interest — disclosure to borrowers for mortgages on land in B.C.

17.3 (1) Every mortgage broker who acts in a mortgage transaction in which there is an interest as described in subsection (2) (a) must, within the prescribed time, provide to every person who is a borrower under a mortgage in that transaction a written disclosure statement that meets the requirements of subsection (2).

(2) The disclosure statement referred to in subsection (1) must

(a) disclose any direct or indirect interest the mortgage broker or any associate or related party of the mortgage broker has or may acquire in the transaction,

(b) include the prescribed contents and be accompanied by any documents that are prescribed,

(c) be dated and signed by the mortgage broker, and

(d) contain disclosure that is true, plain and not misleading of the matters in the prescribed contents referred to in paragraph (b).

Conflict of interest — disclosure to lenders for mortgages on land in B.C. or elsewhere

17.4 (1) Every mortgage broker who acts in a mortgage transaction in which there is an interest as described in subsection (2) (a) must, within the prescribed time, provide to every person who is a lender under a mortgage in that transaction a written disclosure statement that meets the requirements of subsection (2).

(2) The disclosure statement referred to in subsection (1) must

(a) disclose any direct or indirect interest the mortgage broker or any associate or related party of the mortgage broker has or may acquire in the transaction,

(b) include the prescribed contents and be accompanied by any documents that are prescribed,

(c) be dated and signed by the mortgage broker, and

(d) contain disclosure that is true, plain and not misleading of the matters in the prescribed contents referred to in paragraph (b).

Retention and filing of disclosure statements

17.5 A mortgage broker required to provide a disclosure statement under section 17.3 or 17.4 must retain a copy of the disclosure statement for a period of at least 7 years.

18 Section 17 (a) is amended in that part re-enacting section 22 (1) of the Mortgage Brokers Act by repealing paragraphs (a) and (b) and substituting the following:

(a) contravenes section 6 (7.5), 14 (1) or (2), 16 (1), 17.1 (1) or (2), 17.3 (1), 17.4 (1) or 21 (1) (a) or (d),

(b) contravenes section 15.1 (2) or (3), 16 (3.2), 16.1, 17.2, 17.5 or 21 (1) (b) or (c) or (2), .

19 Section 18 (b) is amended in that part enacting section 23 (2) of the Mortgage Brokers Act by repealing paragraphs (h) and (h.1) and substituting the following:

(h) prescribing the form and content of disclosure statements under sections 16, 17.3 and 17.4, notices under section 16, and information statements under section 17.1;

(h.1) prescribing the time within which disclosure statements under sections 16, 17.3 and 17.4 must be provided; .

 
Forest Renewal Act

20 Section 11 (6) of the Forest Renewal Act, R.S.B.C. 1996, c. 160, is repealed and the following substituted:

(6) For the purpose of subsection (4), the amount to be paid out of the consolidated revenue fund for each fiscal year of the government is to be

(a) reduced by an amount prescribed by Treasury Board, not exceeding $50 million, if the sum of the quarterly amounts calculated under subsection (4) for that fiscal year is at least equal to that prescribed amount, or

(b) reduced to zero if the sum of those quarterly amounts is less than the amount prescribed under paragraph (a).

 
Greater Vancouver Transportation Authority Act

21 Section 2 of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, is amended by adding the following subsection:

(4) The authority may carry on business, and, without limiting this, may enter into contracts or other arrangements, adopt bylaws, pass resolutions, issue or execute any other record or sue or be sued under a name prescribed by regulation of the Lieutenant Governor in Council, and any contract, bylaw, resolution or other arrangement or record entered into, adopted, passed, issued or executed, as the case may be, and any suit brought, by the authority under the prescribed name is as valid and binding as it would be were it entered into, adopted, passed, issued, executed or brought by the authority under its own name.

 

Housing Construction (Elderly Citizens) Act

22 The Housing Construction (Elderly Citizens) Act, R.S.B.C. 1996, c. 208, is amended by adding the following section:

Restriction on use of land of non-profit corporation in receipt of assistance

2.1 (1) This section applies if the government has granted financial assistance to a non-profit corporation under this Act.

(2) This section applies whether the assistance was granted before or after the coming into force of this section.

(3) If subsection (1) applies, the Lieutenant Governor in Council may, by regulation, designate land with respect to which the financial assistance was granted as an affordable housing development under section 8.1 of the Ministry of Lands, Parks and Housing Act and, on designation, that section applies, the land is an affordable housing development and there is deemed to be an affordable housing agreement under that section which contains

(a) a restriction that the land must be used only for affordable housing for elderly citizens of low income unless the minister consents to another use,

(b) a provision that the non-profit corporation must not dispose of the land without the consent of the minister, and

(c) a provision that the amount payable to the government on disposition of the land is 1/3 of the fair market value of the land and improvements at the time of disposition.

(4) If the minister and a non-profit corporation do not agree about the calculation of the amount referred to in subsection (3) (c), the minister or the non-profit corporation may submit the matter to arbitration under the Commercial Arbitration Act.

(5) If land is designated under this section as an affordable housing development, as a condition of giving consent to the disposition of the land or to its use other than for affordable housing for elderly citizens the minister may require that the non-profit corporation

(a) pay to the government the amount payable under subsection (3) (c) or enter into a written agreement as to payment of that amount, or

(b) pay to the government an amount, or enter into a written agreement as to payment of and deferment of payment of the amount, to be determined by the minister by representing the value of the government assistance that was provided to the non-profit corporation as a percentage of the fair market value of the land and improvements or part of the land and improvements for which the assistance was provided at the time of the completion of the improvements and multiplying the fair market value of that land and improvements at the time of disposition by that percentage.

(6) The minister must not give consent to a disposition unless

(a) the non-profit corporation has paid the amount payable under subsection (3) (c),

(b) the non-profit corporation has entered into an agreement under subsection (5) (b), or

(c) all or part of the debt has been forgiven under the Financial Administration Act.

(7) It is conclusively deemed for all purposes, including for the purposes of the Expropriation Act, that land is not taken or injuriously affected because of its designation by or under this Act as an affordable housing development.

 
Human Resource Facility Act

23 Section 2.1 (2) of the Human Resource Facility Act, R.S.B.C. 1996, c. 209, is amended by adding "all or part of" after "restriction that".

 

Human Rights Code

24 Section 30 (1) of the Human Rights Code, R.S.B.C. 1996, c. 210, is amended by striking out "under section 29," and substituting "under section 29 or 35 (1.4),".

25 Section 31 is amended

(a) in subsection (3) by striking out "subsection (4)," and substituting "subsections (3.1) and (4),", and

(b) by adding the following subsection:

(3.1) If a member is absent or incapacitated the Lieutenant Governor in Council may appoint a temporary substitute member to act during the absence or incapacity.

26 Section 34 (2) is amended by striking out "designated to hear a complaint has, for the purposes of the hearing," and substituting "has, for the purposes of this Act,".

27 Section 35 is amended

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

(1) Subject to this Code and the regulations, the tribunal may make rules respecting the practice and procedure for the conduct of pre-hearing matters and hearings the tribunal considers necessary to facilitate just and timely resolution of complaints.

(1.1) Without limiting subsection (1), the tribunal may make rules as follows:

(a) requiring the parties to attend a pre-hearing conference in order to discuss issues relating to a complaint and the possibility of simplifying or disposing of issues;

(b) respecting disclosure of evidence, including but not limited to pre-hearing disclosure and pre-hearing examination of a party on oath or solemn affirmation or by affidavit;

(c) specifying the form of notice to be given to a party by another party or by the tribunal requiring a party to diligently pursue a complaint and the time within which and the manner in which the party must respond to the notice;

(d) respecting service of notices and orders, including substituted service;

(e) requiring a party to provide an address for service or delivery of notices and orders;

(f) providing that a party's address of record is to be treated as an address for service.

(1.2) In order to facilitate the hearing of a complaint, a member or panel, on their own initiative or on application of a party, may make any order for which a rule could be made under subsection (1) or (1.1).

(1.3) A member of the tribunal or any person engaged or retained under section 33 (2) may assist the parties to a complaint, through mediation and other means, to achieve a settlement.

(1.4) The terms of each settlement agreement entered into in respect of a complaint must be provided to the commission and section 30 applies.

(1.5) Subject to section 40, a member of the tribunal or any person engaged or retained under section 33 must not disclose any information concerning the terms of a settlement agreement provided to the tribunal under subsection (1.4) of this section that would identify a party to the agreement unless that party consents to the release. ,

(b) in subsection (2) by striking out "The member or panel designated to hear a complaint" and substituting "A member or panel", and

(c) in subsections (3) and (5) by striking out "The member" and substituting "A member".

28 Section 36 (2) is amended by striking out "The member or panel designated to hear a complaint" and substituting "A member or panel".

29 The following section is added:

Dismissal for failure to pursue complaint

38.1 If, under the rules, a party has been given notice requiring the party to diligently pursue a complaint and the party fails to act on the notice within the time allowed, then on the request of a party or on its own initiative, a member or panel may dismiss the complaint.

30 Section 41 is amended by striking out "organization or group" and substituting "organization or corporation".

  Income Tax Act

31 Section 3 of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended

(a) by striking out "under this Part" and substituting "under this Act", and

(b) by striking out "21 and 25." and substituting "21, 25 and 99."

32 Section 42 (2) (b) (iii) is amended by striking out "under section 84," and substituting "under section 84 or 98,".

33 The following Part is added:

Part 6 — British Columbia Scientific Research and
Experimental Development Tax Credit

Definitions

97 In this Part:

"BC qualified expenditure" incurred by a qualifying corporation in a taxation year means an amount that is a qualified expenditure, to the extent that the expenditure is

(a) incurred in the taxation year by the corporation in respect of scientific research and experimental development carried on in British Columbia,

(b) incurred after August 31, 1999 and before September 1, 2004, and

(c) incurred at a time when the corporation has a permanent establishment in British Columbia,

but does not include

(d) the corporation's share of an expenditure incurred by a partnership or by a trust of which the corporation is a beneficiary, and

(e) a type or class of expenditure prescribed by regulation;

"Canadian-controlled private corporation" has the same meaning as in section 248 of the federal Act;

"designated assistance" means

(a) any non-government assistance or contract payment, as these terms are defined in section 127 (9) of the federal Act, and

(b) government assistance defined in this section;

"eligible repayment" of a qualifying corporation in a taxation year means the total of all amounts of designated assistance repaid in the taxation year by the corporation, or deemed repaid in that taxation year under section 127 (10.8) of the federal Act, to the extent that

(a) each of the amounts can reasonably be considered a repayment of designated assistance that, in the taxation year or a previous taxation year, the corporation received, was entitled to receive or could reasonably have been expected to receive, in respect of a BC qualified expenditure, and

(b) by the operation of paragraph (h) of the definition of "qualified expenditure" in section 127 (9) of the federal Act, the designated assistance reduced an amount of a BC qualified expenditure in the taxation year or a previous taxation year;

"government assistance" means assistance from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan, deduction from tax, investment allowance or as any other form of assistance, but does not include

(a) an amount deemed to have been paid under section 98 (2),

(b) a deduction under section 99 (2), or

(c) a deduction under section 127 (5) or (6) of the federal Act;

"qualified expenditure" has the same meaning as in the definition of "qualified expenditure" in section 127 (9) of the federal Act except that in reading section 127 (18) to (20) of the federal Act for the purpose of computing the amount to be excluded in paragraph (h) of that definition, the references to government assistance are to be read as references to government assistance as defined in this section;

"qualifying corporation", for a taxation year, means a corporation that has a permanent establishment in British Columbia at any time during that taxation year, but does not include a corporation that

(a) is exempt from tax under section 27,

(b) is controlled directly or indirectly in any manner whatever by one or more persons all or part of whose taxable income is exempt from tax under section 27 of this Act or under Part 1 of the federal Act,

(c) is an employee venture capital corporation registered under section 8 of the Employee Investment Act,

(d) is a small business venture capital corporation registered under section 3 of the Small Business Venture Capital Act, or

(e) is of a type or class of corporation prescribed by regulation;

"scientific research and experimental development" has the same meaning as in section 248 (1) of the federal Act;

"SR&ED qualified BC expenditure" of a qualifying corporation in a taxation year means the total of the following:

(a) the total of all BC qualified expenditures incurred by the corporation in the taxation year;

(b) the corporation's eligible repayment for that taxation year.

Refundable tax credit available

98 (1) Subject to section 103, a qualifying corporation that is a Canadian-controlled private corporation carrying on scientific research and experimental development in British Columbia during a taxation year may claim a tax credit for the taxation year under this Part equal to 10% of the lesser of

(a) the corporation's SR&ED qualified BC expenditure for the taxation year, and

(b) the corporation's expenditure limit as defined in section 127 (10.2) of the federal Act for the taxation year.

(2) A corporation that is eligible for and has claimed a tax credit under subsection (1) for a taxation year is deemed to have paid, at the time referred to in section 157 (1) (b) of the federal Act as that section relates to the taxation year, the amount of that credit on account of its tax payable under this Act.

Non-refundable tax credit available

99 (1) In this section, "annual non-refundable tax credit" of a qualifying corporation for a taxation year means 10% of the corporation's SR&ED qualified BC expenditure in the taxation year, less

(a) any amount deemed to have been paid under section 98 (2) for that year, and

(b) any amount renounced under section 100 for that year.

(2) Subject to section 103, a qualifying corporation may deduct from its tax otherwise payable for a taxation year ending after August 31, 1999, an amount equal to the lesser of

(a) the amount determined at the end of the taxation year under subsection (3), and

(b) the amount of tax that would otherwise be payable but for that credit.

(3) The amount eligible for deduction under subsection (2) (a) at the end of the taxation year is an amount equal to the total of the following:

(a) the corporation's annual non-refundable tax credit for that taxation year;

(b) the total of the corporation's annual non-refundable tax credits for the 10 taxation years immediately preceding and the 3 taxation years immediately following, less any of those amounts that were previously deducted by the corporation under subsection (2).

(4) If the qualifying corporation is a corporation described in paragraph (j) or (k) of the definition of "investment tax credit" in section 127 (9) of the federal Act, the net amount determined under subsection (3) (b) of this section must be reduced by the proportion described in section 127 (9.1) (d) or (9.2) (d) of the federal Act, as the case may be.

Renunciation of tax credit

100 (1) A corporation may renounce all or part of the tax credit under section 99 in respect of the corporation's SR&ED qualified BC expenditure incurred during a taxation year.

(2) If the corporation renounces its entitlement to all or part of the tax credit under subsection (1), the corporation is deemed for all purposes never to have been entitled to receive, or have had reasonable expectation of receiving, that credit or part of it.

Amalgamations and wind ups

101 (1) If, after August 31, 1999, 2 or more corporations amalgamate within the meaning of section 87 (1) of the federal Act, the new corporation is deemed, for the purposes of this Part, to be the continuation of each of its predecessor corporations.

(2) If, after August 31, 1999, a subsidiary corporation is wound up within the meaning of section 88 (1) of the federal Act, the parent corporation is deemed, for the purposes of this Part, to be the continuation of the subsidiary corporation.

No credit available if section 17 deduction made

102 A corporation that has made a deduction in accordance with section 17 for a taxation year may not claim or deduct a tax credit under this Part for the same taxation year.

Filing requirements

103 (1) A qualifying corporation that wishes to claim a tax credit under this Part in respect of a taxation year must file, with the return of income filed by the corporation under section 29 for that taxation year, an application for the tax credit in the form, and containing the information, required by the Commissioner of Income Tax.

(2) A qualifying corporation is not entitled to a tax credit under this Part in relation to its SR&ED qualified BC expenditure in a taxation year unless, within 18 months after the end of the taxation year, the corporation files the form containing the information required under subsection (1).

 

Industrial Development Incentive Act

34 Section 3 (2) (b) of the Industrial Development Incentive Act, R.S.B.C. 1996, c. 221, is amended by striking out "$500 million" and substituting "$600 million".

 
Institute of Technology Act

35 Section 1 of the Institute of Technology Act, R.S.B.C. 1996, c. 225, is amended

(a) by repealing the definition of "representative group" and substituting the following:

"representative group" means

(a) a bargaining agent, as defined in section 1 of the Labour Relations Code, for faculty members or for support staff, or

(b) a student society or student organization for which fees are collected under section 14 or 15 of this Act; ,

(b) by repealing the definition of "student association", and

(c) by adding the following definition:

"student society" means an organization incorporated as a society under the Society Act whose purpose is to represent the interests of the general student body, but does not include a provincial or national student organization; .

36 Section 14 (2) is amended by adding the following paragraph:

(p) collect fees on behalf of a student organization and remit those fees to the student organization.

37 Section 15 is repealed and the following substituted:

Student society fees

15 (1) Subject to subsection (2), on annual notice from a student society, the board must direct the institute to collect student society fees and remit them to the student society if

(a) the institute collected fees on behalf of the student society between June 1, 1998 and June 1, 1999, or

(b) the student society has been designated by regulation and the amount of the student society fees has been approved by a majority of the members of the student society who voted in a referendum of that student society.

(2) If a student society referred to in subsection (1) (a) or (b) changes student society fees, the new amount or the rate of change must be approved, before a notice is issued under subsection (1), by a majority of the members of the student society who vote in a referendum of that student society.

(3) On annual notice from a student society, the board must direct the institute to collect fees on behalf of a provincial or national student organization and remit them to the student society or directly to the provincial or national student organization, as may be agreed by the board and the student society, if

(a) the institute collected fees on behalf of the provincial or national student organization between June 1, 1998 and June 1, 1999, or

(b) the student society has held a referendum and the majority of the members of the student society voting in that referendum voted in favour of joining the provincial or national student organization.

(4) The board may direct that the institute cease to collect or remit student society fees to a student society if one of the following applies:

(a) the student society fails to do one of the following in a timely manner:

(i) make available to its members annual audited financial statements and a report on those financial statements by an auditor who meets the requirements of section 42 of the Society Act;

(ii) inform the board in writing that the requirements set out in subparagraph (i) have been met;

(b) the student society is struck off the register in accordance with section 71 of the Society Act.

(5) The Lieutenant Governor in Council may make regulations designating student societies for the purposes of subsection 15 (1) (b).

 

Labour Relations Code

38 Section 37 (1) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by adding "or voluntarily recognized" after "certified".

 
Labour Statutes Amendment Act, 1999

39 Section 31 of the Labour Statutes Amendment Act, 1999, S.B.C. 1999, c. 13, is amended in section 36 of the Workers Compensation Act by striking out "the Workplace Act." and substituting "Part 3 of this Act."

 
Mines Act

40 Section 10 (9) of the Mines Act, R.S.B.C. 1996, c. 293, is repealed and the following substituted:

(9) Each person who is an owner, agent or manager of a mine for which a permit is required under this section must ensure

(a) that there is a valid and subsisting permit for the mine, and

(b) that no work takes place in, on or about the mine, except under and in accordance with a valid and subsisting permit.

41 Section 37 is amended by adding the following subsections:

(3.1) The time limit for laying an information for an offence

(a) under section 10 is one year after the facts on which the information is based first came to the chief inspector's attention, and

(b) under this Act, other than section 10, is 6 months after the facts on which the information is based first came to the chief inspector's attention.

(3.2) A document purporting to have been issued by the chief inspector, certifying the date on which the chief inspector became aware of the facts on which an information is based,

(a) is admissible without proof of the signature or official character of the individual appearing to have signed the document, and

(b) is proof of the certified facts unless there is evidence to the contrary.

 
Ministry of Lands, Parks and Housing Act

42 Section 8.1 (2) of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is amended by adding "all or part of" after "restriction that".

 
Mortgage Brokers Act

43 Sections 3 (4) and 16 (5) of the Mortgage Brokers Act, R.S.B.C. 1996, c. 313, are amended by striking out "prepaid".

44 Section 23 (3) is amended by adding the following paragraph:

(e) providing a formula for calculating the effective rate of interest for the purposes of completing a borrower disclosure form under section 16.

45 The following section is added:

Power of registrar to permit variations from prescribed forms

24 The registrar may permit variations from forms prescribed under this Act if, in the registrar's opinion, to do so would not be contrary to the public interest.

 
Motor Vehicle Act

46 Section 90.4 (3) (a) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(a) show that a notice of suspension was mailed by registered mail or certified mail to the person at the person's most recent address recorded in the records of the corporation and that the corporation or superintendent subsequently received a copy of a confirmation of delivery provided by Canada Post showing a recipient's signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person to whom the notice of suspension was sent, .

47 Section 95 (4) (a) is repealed and the following substituted:

(a) show that a notice of the prohibition or suspension was mailed by registered mail or certified mail to the person at the person's most recent address recorded in the records of the corporation and that the corporation or superintendent subsequently received a copy of a confirmation of delivery provided by Canada Post showing a recipient's signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person to whom the notice of prohibition or suspension was sent, .

48 Section 221 is amended by adding the following subsection:

(3) The Lieutenant Governor in Council may make regulations exempting any person or class of persons from the requirements of this section and prescribing conditions for those exemptions.

49 Section 234 (4) is amended

(a) by striking out everything before paragraph (a) and substituting the following:

(4) If a person is charged with an offence under subsection (1), the certificate referred to in subsection (3) must state that the suspension was in effect on the date of the alleged offence and that the records of the Insurance Corporation of British Columbia or the superintendent, as the case may be, , and

(b) by repealing paragraph (a) and substituting the following:

(a) show that a notice of the suspension was mailed by registered mail or certified mail to the person at the person's most recent address recorded in the records of the corporation and that the corporation or superintendent subsequently received a copy of a confirmation of delivery provided by Canada Post showing a recipient's signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person to whom the notice of suspension was sent, .

 
Offence Act

50 Section 15 (11) of the Offence Act, R.S.B.C. 1996, c. 338, as enacted by section 1 (b) of the Offence Amendment Act (No. 2), 1997, S.B.C. 1997, c. 33, is amended by striking out "If a person fails to appear" and substituting "Subject to subsection (12), if a person fails to appear".

 
Open Learning Agency Act

51 Section 1 of the Open Learning Agency Act, R.S.B.C. 1996, c. 341, is amended by adding the following definition:

"student society" means an organization incorporated as a society under the Society Act whose purpose is to represent the interests of the general student body, but does not include a provincial or national student organization.

52 Section 7 (2) is amended by adding the following paragraph:

(k.1) collect fees on behalf of a student organization and remit those fees to the student organization; .

53 The following section is added:

Student society fees

8.1 (1) Subject to subsection (2), on annual notice from a student society, the board must direct the open university or the open college to collect student society fees and remit them to the student society if

(a) the student society has been designated by regulation, and

(b) the amount of the student society fees has been approved by a majority of the members of the student society who voted in a referendum of that student society.

(2) If a student society referred to in subsection (1) changes student society fees, the new amount or the rate of change must be approved, before a notice is issued under subsection (1), by a majority of the members of the student society who vote in a referendum of that student society.

(3) On annual notice from a student society, the board must direct the open university or the open college to collect fees on behalf of a provincial or national student organization and remit them to the student society or directly to the provincial or national student organization, as may be agreed by the board and the student society, if

(a) the student society has held a referendum, and

(b) the majority of the members of the student society voting in that referendum voted in favour of joining the provincial or national student organization.

(4) The board may direct that the open university or the open college cease to collect or remit student society fees to a student society if one of the following applies:

(a) the student society fails to do one of the following in a timely manner:

(i) make available to its members annual audited financial statements and a report on those financial statements by an auditor who meets the requirements of section 42 of the Society Act;

(ii) inform the board in writing that the requirements set out in subparagraph (i) have been met;

(b) the student society is struck off the register in accordance with section 71 of the Society Act.

(5) The Lieutenant Governor in Council may make regulations designating student societies for the purposes of subsection 8.1 (1).

 
Petroleum and Natural Gas Act

54 Section 6 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by adding the following subsections:

(3) Despite subsection (2), for the purposes of this Part, a person is not deemed to be the owner of land in respect of surface rights acquired under a disposition of surface rights of Crown land made by

(a) a permit under section 14 of the Land Act, or

(b) a licence under section 39 of the Land Act

under which the person is granted the non-intensive occupation or use or occupation and use of an extensive area of Crown land for commercial recreational purposes.

(4) For the purpose of subsection (3), the Lieutenant Governor in Council may make regulations defining "non-intensive", "extensive" or both.

55 Section 67 is amended by striking out "under section 96 (1) (a)" and substituting "under section 133 (2) (r)".

 
Police Act

56 Section 46 (1) of the Police Act, R.S.B.C. 1996, c. 367, is amended by repealing the definitions of "adjudicator" and "public hearing" and substituting the following:

"adjudicator" means a retired judge appointed under section 60.1 to preside at a public hearing;

"public hearing" means a hearing arranged and set under sections 60 and 60.1; .

57 Section 60.1 (2) to (8) is repealed and the following substituted:

(2) If the police complaint commissioner arranges a public hearing under section 60 or orders a public hearing under section 64 (7),

(a) the police complaint commissioner must appoint a retired judge of the Provincial Court, the Supreme Court or the Court of Appeal to preside as an adjudicator at the public hearing, and

(b) the adjudicator appointed must arrange and set the earliest practicable date or dates for that public hearing.

(3) Subject to subsection (4), at least 15 business days before the scheduled date for a public hearing or continuation, the police complaint commissioner must serve the respondent, complainant and discipline authority with written notice of the date, time and place of the hearing.

(4) If, after reasonable effort, service cannot be effected on a complainant under subsection (3), the police complaint commissioner may provide the notice referred to in that subsection by registered mail to the complainant's last address known to, or on record with, the police complaint commissioner.

 
Public Service Labour Relations Act

58 Section 21 (c) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended by striking out "prepaid" in both places.

 
Royal Roads University Act

59 Section 16 of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is amended by adding "and 71" before "of the University Act".

 
Technical University of British Columbia Act

60 Section 16 of the Technical University of British Columbia Act, S.B.C. 1997, c. 54, is amended by adding "and 71" before "of the University Act".

 

Tobacco Damages and Health Care Costs Recovery Act

61 Sections 2 and 3 of Part 1 and sections 4 to 12 of Part 2 of the Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 1997, c. 41, are repealed.

62 Section 13 is amended

(a) in subsection (1) by striking out "Despite the government having the right to commence or having commenced an action under section 9 or having a right of recovery under section 11, the" and substituting "The", and

(b) by repealing subsection (4).

63 Section 14 (b) is amended by striking out "9 or".

64 Section 19 (2) is repealed and the following substituted:

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations:

(a) designating a health care benefit for the purposes of section 1;

(b) prescribing a form of tobacco for the purposes of paragraph (i) of the definition of "type of tobacco product" in section 1.

65 Section 20 (2) is repealed and the following substituted:

(2) When brought into force under subsection (1), a provision of this Act has the retroactive effect necessary to give the provision full effect for all purposes including allowing an action to be brought under section 13 arising from a tobacco related wrong, whenever it occurred.

Tobacco Sales Act

66 Section 10.1 of the Tobacco Sales Act, R.S.B.C. 1996, c. 451, is amended

(a) in subsection (1) by striking out "licence" and substituting "authorization", and

(b) by adding the following subsection:

(3) On the administrator receiving a written notice under section 9 (1) (b) of the Tobacco Tax Act that an authorization is suspended, the administrator or a person acting on behalf of the administrator must publicize

(a) the name of the dealer whose authorization is suspended,

(b) the business location to which the suspension applies,

(c) the name under which business is conducted at the business location under the authorization, and

(d) the content of the sign referred to in subsection (1) that this Act and the regulations require the dealer to post respecting that suspension.

67 Section 12 is amended by striking out "10.1" and substituting "10.1 (1) or (2)".

 
Tobacco Tax Act

68 Section 9 (1) of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is amended by striking out "in the certificate, suspend the permit or authorization for the location and period specified in the certificate." and substituting "in the certificate,

(a) suspend the permit or authorization for the location and period specified in the certificate, and

(b) give the administrator under the Tobacco Sales Act written notice stating

(i) the fact that the suspension has been issued,

(ii) the name of the person whose permit or authorization is suspended,

(iii) the location to which the suspension applies, and

(iv) the period for which the suspension applies."

 
University Act

69 Section 1 of the University Act, R.S.B.C. 1996, c. 468, is amended

(a) by repealing the definition of "student association", and

(b) by adding the following definition:

"student society" means an organization incorporated as a society under the Society Act whose purpose is to represent the interests of the general undergraduate or graduate student body, or both, but does not include a provincial or national student organization; .

70 Section 19 (e) is repealed and the following substituted:

(e) 2 full time students elected from all students who are members of the undergraduate student society or the graduate student society; .

71 Section 20 (1) is repealed and the following substituted:

(1) A member of the board, other than the chancellor, president or a member elected under section 19 (e), holds office for 3 years and after that until a successor is appointed or elected.

72 Section 27 (2) (n) is repealed and the following substituted:

(n) to pay over

(i) the fees collected for a student or alumni organization that the organization may request, and

(ii) in accordance with section 27.1, the fees collected for a student society or a provincial or national student organization; .

73 Part 6 is amended by adding the following section:

Student society fees

27.1 (1) Subject to subsection (2), on annual notice from a student society, the board must collect student society fees and remit them to the student society if

(a) the board collected fees on behalf of the student society between June 1, 1998 and June 1, 1999, or

(b) the student society has been designated by regulation and the amount of the student society fees has been approved by a majority of the members of the student society who voted in a referendum of that student society.

(2) If a student society referred to in subsection (1) (a) or (b) changes student society fees, the new amount or the rate of change must be approved, before a notice is issued under subsection (1), by a majority of the members of the student society who vote in a referendum of that student society.

(3) On annual notice from a student society, the board must collect fees on behalf of a provincial or national student organization, and remit them to the student society or directly to the provincial or national student organization, as may be agreed by the board and the student society, if

(a) the board collected fees on behalf of the provincial or national student organization between June 1, 1998 and June 1, 1999, or

(b) the student society has held a referendum and the majority of the members of the student society voting in that referendum voted in favour of joining the provincial or national student organization.

(4) The board may cease to collect or remit student society fees to a student society if one of the following applies:

(a) the student society fails to do one of the following in a timely manner:

(i) make available to its members annual audited financial statements and a report on those financial statements by an auditor who meets the requirements of section 42 of the Society Act;

(ii) inform the board in writing that the requirements set out in subparagraph (i) have been met;

(b) the student society is struck off the register in accordance with section 71 of the Society Act.

74 Section 35 (2) (h) is repealed and the following substituted:

(h) a number of full time students, equal to the number provided in paragraphs (a) to (f), elected from all students who are members of the undergraduate student society or the graduate student society, in a manner that ensures that at least one student from each faculty is elected; .

75 Section 45 (3) is repealed and the following substituted:

(3) The registrar must similarly keep an alphabetical list of the names of all students who are members of the undergraduate student society or the graduate student society.

76 Section 71 is repealed and the following substituted:

Power to make regulations

71 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act, including regulations for the purposes of section 27.1 (1) (b).

 
University of Northern British Columbia Act

77 Section 9 (2) (f) is repealed and the following substituted:

(f) 2 full time students elected from all students who are members of the undergraduate student society or the graduate student society; .

Transitional — Packing house assessments validation for 1993 to 1997

78 (1) The definition of "packing house" in section 1 of the Standards for the Classification of Land as a Farm Regulation, B.C. Reg. 411/95, and section 9 of that regulation, as those provisions were enacted by B.C. Reg. 438/97, are deemed to have come into force on December 31, 1992 and to have applied for the purposes of classification, assessment and taxation during the 1993, 1994, 1995, 1996 and 1997 taxation years.

(2) All classifications, assessments and taxes that, had subsection (1) been in force on the date they were made or imposed, would have been validly made or imposed are conclusively deemed to have been validly made or imposed.

(3) The provisions of the regulation referred to in subsection (1) that would otherwise have applied for the purposes of classification, assessment and taxation of packing houses during the taxation years referred to in that subsection are deemed to have been repealed for the purposes of that subsection.

(4) No complaint or appeal may be made under the Assessment Act in respect of an assessment roll or supplementary assessment roll for property referred to in subsection (3) for the taxation years referred to in subsection (1) except on the grounds that the classification or assessment was not in accordance with the regulation that is deemed by subsection (1) to have applied.

(5) This section

(a) applies despite the Assessment Act and despite any decision of a court to the contrary made before or after the coming into force of this section, and

(b) is retroactive to the extent necessary to give it full force and effect and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Transitional — Expropriation Act

79 Sections 40 and 44 of the Expropriation Act, as amended by this Act, apply to any compensation claimed or payable in respect of any expropriation, whether or not that expropriation occurred before the coming into force of this section, unless, before the coming into force of this section,

(a) a court order had been made respecting compensation payable under the Expropriation Act in respect of the expropriation, or

(b) a determination had been made of the compensation payable under that Act in respect of the expropriation.

Transitional for use of registered or certified mail for purposes of the Motor Vehicle Act

80 Until the end of the next session of the Legislative Assembly and in order to respond to changes in the registered mail or certified mail services of Canada Post, the Lieutenant Governor in Council may make regulations deeming any provision of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, that provides for the use of registered mail or certified mail to be amended in the manner and for the time specified in the regulation in order to give full effect to the intent of the provision.

Commencement

81 (1) Sections 2 to 5, 10, 14 to 19, 24 to 30, 35 to 37, 39, 43 to 47, 49, 51 to 53, 58 to 67 and 69 to 77 come into force by regulation of the Lieutenant Governor in Council.

(2) When brought into force by regulation, section 10 (a) is deemed to have come into force on July 1, 1999 and is retroactive to the extent necessary to give it effect on and after that date.

(3) Sections 31 to 33 come into force on September 1, 1999.

 
Explanatory Notes

Attorney General Act
(Ministry of Attorney General and Ministry Responsible
for Multiculturalism, Human Rights and Immigration)

SECTION 1: [Attorney General Act, repeals and replaces section 3 (2)]


College and Institute Act
(Ministry of Advanced Education, Training and Technology)

SECTION 2: [College and Institute Act, amends section 1] repeals and replaces the definition of "student association" with a definition of "student society."

SECTION 3: [College and Institute Act, adds section 19 (3.1)] clarifies that the board of an institution has the power to collect and remit fees to a student organization whether or not the organization is a society under the Society Act.

SECTION 4: [College and Institute Act, re-enacts section 21] allows a student society to require an institution to collect student society fees and remit them to the student society if certain criteria are met. The institution may cease to collect or remit student society fees if the student society fails to make available to its members annual audited financial statements or if the student society is struck off the register in accordance with section 71 of the Society Act.

SECTION 5: [College and Institute Act, re-enacts section 68] clarifies that the Lieutenant Governor in Council may designate a student society by regulation for the purposes of the new section 21 of the Act.


Coroners Act
(Ministry of Attorney General and Ministry Responsible
for Multiculturalism, Human Rights and Immigration)

SECTION 6: [Coroners Act, amends section 9] provides consistent language, and removes the requirement to report to the coroner regarding every resident or in-patient death occurring in a community care facility, while retaining the requirement that notice be given for those circumstances set out in section 9 (1) of the Coroners Act.

SECTION 7: [Coroners Act, amends section 10] removes the requirement to hold a coroner's inquest for the death of a person in a correctional centre or penitentiary.

SECTION 8: [Coroners Act, adds section 15 (1) (d)] provides express authority to a coroner for exhumation and disinterment.

SECTION 9: [Coroners Act, amends section 20]


Corporation Capital Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 10: [Corporation Capital Tax Act, amends section 3] ensures that the 1% tax rate applies to all financial institutions that are based in British Columbia and have their head office in British Columbia.


Expropriation Act
(Ministry of Attorney General and Ministry Responsible
for Multiculturalism, Human Rights and Immigration)

SECTION 11: [Expropriation Act, amends section 40] clarifies that compensation payable on an expropriation in which part of the land of an owner is expropriated includes the market value of the owner's estate or interest in the expropriated land and that the calculations made under section 40 (3) of the Expropriation Act determine the amount of compensation payable in respect of the matters referred to in section 40 (1) (a) and (b) (i) of that Act.

SECTION 12: [Expropriation Act, adds section 41 (4)] clarifies that the BC Transportation Financing Authority has no greater liability to compensate an owner for injurious affection than does the Minister of Transportation and Highways.

SECTION 13: [Expropriation Act, amends section 44] clarifies that general benefits are to be taken into account in calculating the amount of compensation an owner is entitled to receive under the Expropriation Act in an expropriation in which part of the land of an owner is expropriated.


Finance and Corporate Relations Statutes Amendment Act, 1998
(Ministry of Finance and Corporate Relations)

SECTIONS 14 to 19: [Finance and Corporate Relations Statutes Amendment Act, 1998, amends sections 1, 10, 15, 17 and 18 and re-enacts section 12] amend amendments to the Mortgage Brokers Act made by the Finance and Corporate Relations Statutes Amendment Act, 1998.


Forest Renewal Act
(Ministry of Forests)

SECTION 20: [Forest Renewal Act, repeals and replaces section 11 (6)] authorizes Treasury Board by regulation to reduce the amount paid annually to Forest Renewal BC out of the consolidated revenue fund by an amount not exceeding $50 million. Under section 11 (6), without the proposed amendment, the amount of the reduction is fixed at $50 million if the sum of the quarterly amounts referred to is $50 million or more.


Greater Vancouver Transportation Authority Act
(Ministry of Finance and Corporate Relations)

SECTION 21: [Greater Vancouver Transportation Authority Act, adds section 2 (4)] authorizes the Greater Vancouver Transportation Authority to carry on business under a prescribed name.


Housing Construction (Elderly Citizens) Act
(Ministry of Employment and Investment and Ministry Responsible for Housing)

SECTION 22: [Housing Construction (Elderly Citizens) Act, enacts section 2.1] provides for section 8.1 of the Ministry of Lands, Parks and Housing Act to apply to properties for which financial assistance has been given to a nonprofit corporation under the Housing Construction (Elderly Citizens) Act so that that public investment can be secured.


Human Resource Facility Act
(Ministry for Children and Families)

SECTION 23: [Human Resource Facility Act, amends section 2.1 (2)] clarifies that a restriction may apply to all or part of a human resource facility.


Human Rights Code
(Ministry of Attorney General and Ministry Responsible
for Multiculturalism, Human Rights and Immigration)

SECTION 24: [Human Rights Code, amends section 30 (1)] is consequential to the amendments to section 35 of the Act enacted by this Bill.

SECTION 25: [Human Rights Code, amends section 31] adds a power to appoint a temporary substitute member if a member is absent or incapacitated.

SECTION 26: [Human Rights Code, amends section 34 (2)] deletes the phrase "designated to hear a complaint" in order to permit resolution of preliminary matters by a member or panel other than the member or panel designated to hear the complaint.

SECTION 27: [Human Rights Code, amends section 35] adds powers for the tribunal to make rules and orders to facilitate just and timely resolution of complaints, empowers the tribunal to assist the parties to a complaint to achieve a settlement, provides for the enforcement of settlements agreements and provides for confidentiality of the terms of settlement agreements.

SECTION 28: [Human Rights Code, amends section 36 (2)] deletes the phrase "designated to hear a complaint".

SECTION 29: [Human Rights Code, enacts section 38.1] provides for the dismissal of a complaint if a party fails to diligently pursue the complaint.

SECTION 30: [Human Rights Code, amends section 41] corrects a reference to read "organization or corporation".


Income Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 31: [Income Tax Act, amends section 3]

SECTION 32: [Income Tax Act, amends section 42 (2) (b) (iii)] provides for appeals respecting the amount of a refundable tax credit under section 98, as enacted by this Bill.

SECTION 33: [Income Tax Act, enacts Part 6] provides, in a proposed Part 6 to the Act, refundable and non-refundable corporate income tax credits for qualifying corporations that carry on scientific research and experimental development in British Columbia after August 31, 1999. The proposed Part 6 does the following:


Industrial Development Incentive Act
(Ministry of Employment and Investment)

SECTION 34: [Industrial Development Incentive Act, amends section 3 (2) (b)] increases to $600 million the appropriation cap for Industrial Incentive Fund loans and investments that the Minister of Employment and Investment may make under the Industrial Development Incentive Act.


Institute of Technology Act
(Ministry of Advanced Education, Training and Technology)

SECTION 35: [Institute of Technology Act, amends section 1] repeals and replaces the definition of "student association" with a definition of "student society."".

SECTION 36: [Institute of Technology Act, adds section 14 (2) (p)] clarifies that the board of the institute has the power to collect and remit fees to a student organization whether or not the organization is a society under the Society Act.

SECTION 37: [Institute of Technology Act, re-enacts section 15] allows a student society to require the institute to collect student society fees and remit them to the student society if certain criteria are met. The institute may cease to collect or remit student society fees if the student society fails to make available to its members annual audited financial statements or if the student society is struck off the register in accordance with section 71 of the Society Act.


Labour Relations Code
(Ministry of Labour)

SECTION 38: [Labour Relations Code, amends section 37 (1)] authorizes the Labour Relations Board to make declarations with respect to mergers and amalgamations of voluntarily recognized trade unions.


Labour Statutes Amendment Act, 1999
(Ministry of Labour)

SECTION 39: [Labour Statutes Amendment Act, 1999, amends section 31] updates a cross reference to allow the employer classification provisions of the Workers Compensation Act to be brought into force after Part 3 [Occupational Health and Safety] of that Act.


Mines Act
(Ministry of Energy and Mines)

SECTION 40: [Mines Act, repeals and replaces section 10 (9)] adds the references to "owner" and "agent" and clarifies responsibility for the maintenance of a valid and subsisting permit and for ensuring that no work takes place at a mine except under the permit.

SECTION 41: [Mines Act, adds section 37 (3.1) and (3.2)] permits the laying of charges against a person who commits an offence under the Act within the relevant period, one year or six months, after the offence is brought to the chief inspector's attention.


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

SECTION 42: [Ministry of Lands, Parks and Housing Act, amends section 8.1 (2)] clarifies that a restriction may apply to all or part of an affordable housing development.


Mortgage Brokers Act
(Ministry of Finance and Corporate Relations)

SECTION 43: [Mortgage Brokers Act, amends sections 3 (4) and 16 (5)] deletes anomalous references to "prepaid" mail.

SECTION 44: [Mortgage Brokers Act, adds section 23 (3) (e)] provides a power to provide a formula for calculating the effective rate of interest for the purposes of completing a borrower disclosure form.

SECTION 45: [Mortgage Brokers Act, enacts section 24] allows the registrar to permit variations from prescribed forms.


Motor Vehicle Act
(Ministry of Transportation and Highways)

SECTION 46: [Motor Vehicle Act, repeals and replaces section 90.4 (3) (a)] re-enacts the provision in order to refer to service by registered mail or certified mail.

SECTION 47: [Motor Vehicle Act, repeals and replaces section 95 (4) (a)] re-enacts the provision in order to refer to service by registered mail or certified mail.

SECTION 48: [Motor Vehicle Act, adds section 221 (3)] adds regulatory authority for exemptions from the requirement to wear a motorcycle safety helmet.

SECTION 49: [Motor Vehicle Act, amends section 234 (4)] makes the opening words of section 234 (4) parallel with other similar provisions of the Act and amends the provision in order to refer to service by registered or certified mail.


Offence Act
(Ministry of Attorney General and Ministry Responsible
for Multiculturalism, Human Rights and Immigration)

SECTION 50: [Offence Act, amends section 15 (11)] adds a missed reference to section 15 (12) of the Act.


Open Learning Agency Act
(Ministry of Advanced Education, Training and Technology)

SECTION 51: [Open Learning Agency Act, amends section 1] adds a definition of "student society".

SECTION 52: [Open Learning Agency Act, adds section 7 (2) (k.1)] clarifies that the board of the agency has the power to collect and remit fees to a student organization whether or not the organization is a society under the Society Act.

SECTION 53: [Open Learning Agency Act, enacts section 8.1] allows a student society to require the open university or the open college to collect student society fees and remit them to the student society if certain criteria are met. The open university or open college may cease to collect or remit student society fees if the student society fails to make available to its members annual audited financial statements or if the student society is struck off the register in accordance with section 71 of the Society Act.


Petroleum and Natural Gas Act
(Ministry of Energy and Mines)

SECTION 54: [Petroleum and Natural Gas Act, adds section 6 (3) and (4)] narrows the definition of "Crown land" for the purposes of Part 3 of the Act dealing with entry on Crown land and for mediation and arbitration of disputes relating to entry, on the land. A person will not be considered an owner of Crown land under dispositions of Crown land for non-intensive occupation and use of an extensive area of Crown land for commercial recreational purposes.

SECTION 55: [Petroleum and Natural Gas Act, amends section 67] corrects incorrect reference.


Police Act
(Ministry of Attorney General and Ministry Responsible
for Multiculturalism, Human Rights and Immigration)

SECTION 56: [Police Act, amends section 46 (1)] is consequential to the proposed amendments to section 60.1 of the Act by this Bill.

SECTION 57: [Police Act, amends section 60.1] provides for the appointment of retired judges, instead of Provincial Court judges, as adjudicators in public hearings under the Act.


Public Service Labour Relations Act
(Ministry Responsible for the Public Service)

SECTION 58: [Public Service Labour Relations Act, amends section 21 (c)] deletes anomalous references to "prepaid" mail.


Royal Roads University Act
(Ministry of Advanced Education, Training and Technology)

SECTION 59: [Royal Roads University Act, amends section 16] clarifies that the Lieutenant Governor in Council may designate a student society by regulation for the purposes of fee collection.


Technical University of British Columbia Act
(Ministry of Advanced Education, Training and Technology)

SECTION 60: [Technical University of British Columbia Act, amends section 16] clarifies that the Lieutenant Governor in Council may designate a student society for the purposes of fee collection.


Tobacco Damages and Health Care Costs Recovery Act
(Ministry of Health and Ministry Responsible for Seniors)

SECTION 61: [Tobacco Damages and Health Care Costs Recovery Act, repeals sections 2 to 12] repeals sections of the Act that became redundant with the enactment of the Tobacco Damages Recovery Amendment Act, 1998.

SECTION 62: [Tobacco Damages and Health Care Costs Recovery Act, amends section 13] is consequential to section 61 of this Bill.

SECTION 63: [Tobacco Damages and Health Care Costs Recovery Act, amends section 14 (b)] is consequential to section 61 of this Bill.

SECTION 64: [Tobacco Damages and Health Care Costs Recovery Act, repeals and replaces section 19 (2)] is consequential to section 61 of this Bill.

SECTION 65: [Tobacco Damages and Health Care Costs Recovery Act, repeals and replaces section 20 (2)] is consequential to section 61 of this Bill.


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

SECTION 66: [Tobacco Sales Act, amends section 10.1] corrects a term and clarifies the duties of the administrator on receipt of a notice under section 9 (1) (b) of the Tobacco Tax Act.

SECTION 67: [Tobacco Sales Act, amends section 12] is consequential to the amendment to section 10.1 (3) of the Act.


Tobacco Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 68: [Tobacco Tax Act, amends section 9 (1)] clarifies the duties of the director on receipt of a certificate from the administrator under the Tobacco Sales Act.


University Act
(Ministry of Advanced Education, Training and Technology)

SECTION 69: [University Act, amends section 1] adds a definition of "student society".

SECTION 70: [University Act, repeals and replaces section 19 (e)] is consequential to the amendments to section 1 of the Act.

SECTION 71: [University Act, repeals and replaces section 20 (1)] is consequential to the amendments to sections 1 and 19 (e) of the Act.

SECTION 72: [University Act, repeals and replaces section 27 (2) (n)] is consequential to the proposed section 27.1 of the Act.

SECTION 73: [University Act, enacts section 27.1] allows a student society to require a university to collect student society fees and remit them to the student society if certain criteria are met. The university may cease to collect or remit student society fees if the student society fails to make available to its members annual audited financial statements or if the student society is struck off the register in accordance with section 71 of the Society Act.

SECTION 74: [University Act, repeals and replaces section 35 (2) (h)] is consequential to the amendments to section 1 of the Act.

SECTION 75: [University Act, repeals and replaces section 45 (3)] is consequential to the amendments to section 1 of the Act.

SECTION 76: [University Act, re-enacts section 71] clarifies that the Lieutenant Governor in Council may designate a student society by regulation for the purposes of the proposed section 27.1 of the Act.


University of Northern British Columbia Act
(Ministry of Advanced Education, Training and Technology)

SECTION 77: [University of Northern British Columbia Act, repeals and replaces section 9 (2) (f)] is consequential to the amendment to section 1 of the University Act.

SECTION 78: [Transitional -- Packing house assessments validation for 1993 to 1997] makes the current rules regarding farm classification of packing houses apply retroactively.

SECTION 79: [Transitional -- Expropriation Act] provides that all claims to compensation resulting from an expropriation are to be dealt with in accordance with sections 40 and 44 of the Expropriation Act as amended by the Bill unless, before the coming into force of section 79 of this Bill, there had been a court order respecting, or an award determining, the compensation payable in respect of the expropriation.

SECTION 80: [Transitional for use of registered or certified mail for purposes of the Motor Vehicle Act] self explanatory.


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