1998 Legislative Session: 3rd Session, 36th Parliament
Certified correct as passed Third Reading on the 7th day of May, 1998
Ian D. Izard, Law Clerk
HONOURABLE UJJAL DOSANJH
ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR
MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The definition of "correctional centre" in section 1 of the Correction Act, R.S.B.C. 1996, c. 74, is amended by striking out "but does not include" and substituting "but does not include, subject to the exception of a shared facility under section 13.1,".
2 The definition of "correctional centre" in section 1, as enacted by section 49 of the Police Amendment Act, 1997, S.B.C. 1997, c. 37, is amended by striking out "but does not include" and substituting "but does not include, subject to the exception of a shared facility under section 13.1,".
3 The following section is added:
Shared facility agreements
13.1 (1) In this section:
"police prisoner" means a person who is taken into or detained in custody but has not been remanded or committed to custody by a court;
"shared facility" means a correctional centre that also contains facilities for the detention of police prisoners.
(2) On behalf of the government, the minister may enter into an agreement with the City of Vancouver
(a) respecting the establishment, building, management, operation and security of a shared facility in Vancouver, British Columbia,
(b) respecting the provision of detention, security and other ancillary services for the shared facility, and
(c) for reimbursement of expenses incurred, by the government or the City of Vancouver, in relation to those matters under paragraphs (a) and (b).
4 Section 15 is repealed and the following substituted:
15 (1) The minister may authorize an inmate to be absent from a correctional centre with or without escort, subject to any conditions that the minister considers appropriate, if in the minister's opinion the absence is necessary or desirable
(a) for medical, educational or humanitarian reasons, or
(b) to assist in the rehabilitation of the inmate.
(2) A temporary absence under this section may be authorized for a maximum period of 60 days and may be renewed by the minister for one or more 60 day periods on reassessment of the case.
(3) Despite subsection (2), a temporary absence for medical reasons may be authorized for an unlimited period.
(4) Section 20 applies to an inmate for whom an absence is authorized under this section.
(5) The minister may delegate the minister's powers and duties under this section to the Board of Parole for the Province of British Columbia continued under section 2 of the Parole Act.
(6) If the minister's powers and duties are delegated to the board under subsection (5), the board may not delegate that power or duty to another person.
5 Section 40 (4), (5), (7) and (8) of the Infants Act, R.S.B.C. 1996, c. 223, is amended by striking out "$10 000, inclusive of interest and costs," and substituting "$50 000, exclusive of interest and costs,".
Milk Industry Act
6 The Milk Industry Act, R.S.B.C. 1996, c. 289, is amended by adding the following section:
20.1 The operator of a dairy farm must pay the prescribed fee, if any, in the prescribed manner to the government, or as provided under section 40 (2), for action taken under section 19 by an inspector respecting the dairy farm.
7 Section 40 (2) is amended by adding the following paragraphs:
(a.1) specifying the fee payable under section 20.1 for one or more of the actions that an inspector may take under section 19;
(a.2) specifying the manner in which a fee specified under paragraph (a.1) must be paid to the government;
(a.3) authorizing a body to operate an inspection service, specifying the manner in which a fee specified under paragraph (a.1) to which a regulation under paragraph (a.2) does not apply must be paid to the body and authorizing that body to retain all or a portion of the fee collected; .
Motor Vehicle Act
8 Section 216 (1) (a) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:
(a) requiring the inspection as to safety, emissions and repair of prescribed classes of vehicles and may provide differently for different
(i) types of inspections,
(ii) classes of vehicles, and
(iii) areas of British Columbia; .
9 Section 217 is amended
(a) in subsection (2) by adding ", emissions" after "safety", and
(b) in subsection (3) (a) by adding "a regulation made under section 216 (1) (a) or" after "contravention of" and by adding "of this section" after "subsection (2)".
10 Section 218 is amended in subsections (1) (b) and (2) by adding "or emissions" after "safety".
11 Section 963 (2) of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:
(2) For a period of 60 days beginning on the date of the first reading of a heritage designation bylaw, section 967 (3) applies as if the heritage designation bylaw had already been adopted.
Mutual Fire Insurance Companies Act
12 Section 2 of the Mutual Fire Insurance Companies Act, R.S.B.C. 1960, c. 262, is amended
(a) by repealing the definition of "mutual insurance" and substituting the following:
"mutual insurance" means general insurance, as defined in the Financial Institutions Act, given in consideration for a premium note as provided by this Act, with or without a cash payment; , and
(b) by repealing the definition of "supplemental contract".
13 Section 15 is repealed.
14 Section 28 is amended by striking out "; but the aggregate cash premiums for contracts made under this section in any year shall not exceed one-fourth of the aggregate amount payable in respect of premium notes held by the company and outstanding on the thirty-first day of December in the last preceding year".
15 Section 2 of the Parole Act, R.S.B.C. 1996, c. 346, is repealed and the following substituted:
Board of Parole
2 (1) The Board of Parole for the Province of British Columbia is continued, consisting of members selected from persons who meet the criteria prescribed under section 15 (2) (a) and appointed by the Lieutenant Governor in Council as follows:
(a) one member as chair, who holds office for a term of 6 years;
(b) 3 or more members, up to as many as the Lieutenant Governor in Council considers necessary, each of whom holds office for a term of 4 years.
(2) The chair
(a) is a full time member of the board,
(b) is the chief executive officer of the board, and
(c) must supervise the staff of the board.
(3) The Lieutenant Governor in Council may designate one of the members as vice chair.
(4) A member of the board must not be reappointed to the board except as chair.
(5) A person is not eligible to be appointed or to continue as a member of the board if the person holds any other office by appointment of the Lieutenant Governor in Council.
16 Section 16 is repealed.
Petroleum and Natural Gas Act
17 Section 78 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by striking out "The Lieutenant Governor in Council may make an agreement" and substituting "Despite section 73 and the regulations under that section, the minister may make an agreement".
Provincial Court Act
18 Section 13 of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended by adding the following subsection:
(18) A reference in subsection (2) to January 1 is, to the extent that it relates to 1998, deemed to be a reference to February 1 and a reference in subsection (9) to April 30 is, to the extent that it relates to 1998, deemed to be a reference to May 29.
19 (1) Section 18 is deemed to have come into force on December 31, 1997 and is retroactive to the extent necessary to give it effect on and after that date.
(2) Sections 4 to 10, 12, 13, 15 and 16 come into force by regulation of the Lieutenant Governor in Council.
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