1998 Legislative Session: 3rd Session, 36th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 23rd day of July, 1998
Ian D. Izard, Law Clerk
HONOURABLE JOY K. MacPHAIL
MINISTER OF FINANCE AND
CORPORATE RELATIONS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Agricultural and Rural Development (BC) Act
1 The Agricultural and Rural Development (BC) Act, R.S.B.C. 1996, c. 8, is repealed.
Boom Chain Brand Act
2 The Boom Chain Brand Act, R.S.B.C. 1996, c. 31, is repealed.
Credit Union Incorporation Act
3 Section 70 (2) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is repealed and the following substituted:
(2) A member may vote by proxy only if
(a) the member is voting as a holder of shares in a class of equity shares that are not membership shares,
(b) the rules of the credit union allow auxiliary members to vote by proxy as holders of shares in the class referred to in paragraph (a), and
(c) the vote is on a matter on which, under the rules referred to in paragraph (b), members holding shares in the class referred to in paragraph (a) are permitted to vote by proxy.
Crown Proceeding Act
4 Section 14 (3) of the Crown Proceeding Act, R.S.B.C. 1996, c. 89, is repealed.
Employee Investment Act
5 Section 40 (4) of the Employee Investment Act, R.S.B.C. 1996, c. 112, is amended by adding the following paragraph:
(c.1) increase the amount that may be released from the investment protection account referred to in section 23; .
Estate Administration Act
6 Sections 115 (2) and 118 (3) of the Estate Administration Act, R.S.B.C. 1996, c. 122, are repealed.
Evidence Act
7 Section 51 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended by repealing paragraph (d) of the definition of "health care professional".
Farm Distress Assistance Act
8 The Farm Distress Assistance Act, R.S.B.C. 1996, c. 129, is repealed.
Farm Product Industry Act
9 The Farm Product Industry Act, R.S.B.C. 1996, c. 132, is repealed.
Financial Institutions Act
10 Section 71 of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is repealed.
11 Section 84 (2) is amended by striking out "an affidavit" and substituting "a certificate of death, or certified copy of a certificate of death, as described in section 38 of the Vital Statistics Act or an affidavit".
12 Section 173 (1) (c) (vii) is repealed and the following substituted:
(vii) if applying for an agent's licence for general insurance, will when licensed
(A) be given, or
(B) be employed by an insurance agent that is given
by at least one insurer authorized to carry on general insurance business the standard inclusive authority that is in use by that insurer to bind that insurer under homeowners' and tenants' contracts of insurance or other contracts of insurance approved by the council, .
13 Section 174 (3) is repealed.
14 Section 221 (1) (a) is repealed and the following substituted:
(a) licensed as an agent, salesperson or adjuster, is an officer or employee of a licensed insurer or is an individual described in section 220 (3) (f), and .
15 Section 228 (1) (a) is repealed and the following substituted:
(a) an insurance agent licensed in respect of general insurance business ceases to meet the requirements of section 173 (1) (c) (vii), .
Fisheries Act
16 Section 22 (4) of the Fisheries Act, R.S.B.C. 1996, c. 149, is repealed.
Forest Land Reserve Act
17 The Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is amended by adding the following section:
Forest reserve land on certificate of title
12.1 (1) In this section "registrar" means the registrar defined in section 1 of the Land Title Act.
(2) This Act governs the use of forest reserve land whether or not notice under subsection (3) is filed in the land title office.
(3) The chief officer may file a notice in the land title office stating that the forest reserve land described in the notice is governed by this Act.
(4) A notice under subsection (3) must contain a description of the land that is sufficient for the registrar to identify the land in the records.
(5) On receipt of a notice under subsection (3), the registrar must endorse, on the title of the land affected, a notation stating that the title may be affected by this Act.
(6) In the event of any delay, omission, mistake or misfeasance by the registrar, or an employee described in section 10 of the Land Title Act, in relation to making a notation under subsection (5),
(a) the registrar is not liable nor is the government liable vicariously, and
(b) the assurance fund of the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act
for any loss or damage sustained by any person because of this delay, omission, mistake or misfeasance.
Fur Farm Act
18 Section 4 of the Fur Farm Act, R.S.B.C. 1996, c. 167, is repealed.
Grasshopper Control Act
19 The Grasshopper Control Act, R.S.B.C. 1996, c. 174, is repealed.
Hotel Room Tax Act
20 Section 10 of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207, is renumbered as section 10 (1) and the following subsection added:
(2) If the director is satisfied that an operator has remitted to the director an amount as collected taxes that the operator neither collected nor was required to collect under this Act, the director must refund the amount to the operator from the consolidated revenue fund.
Labour Relations Code
21 Section 51 of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by striking out "with the minister and".
Land Surveyors Act
22 Section 11 (2) of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is amended by striking out "or address in the last list published in the Gazette under section 34 that contains the member's name".
23 Section 34 is amended
(a) in subsection (1) (a) by striking out "with their last known addresses", and
(b) in subsection (2) (a) by striking out "and address".
Land Title Act
24 Section 151 of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed.
Law and Equity Act
25 Section 6 of the Law and Equity Act, R.S.B.C. 1996, c. 253, is repealed.
Liquor Distribution Act
26 The Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended by adding the following section:
Delegation of powers, duties or functions
13.1 The general manager may authorize in writing any person referred to in section 12 (3) to carry out any of the powers, duties or functions of the general manager under this Act or under regulations made under this Act.
27 Section 15 (1) is amended by striking out "minister" wherever it appears and substituting "minister or person designated in writing by the minister for the purposes of this subsection".
28 Section 18 (5) is amended by striking out "minister" wherever it appears and substituting "minister or person designated in writing by the minister for the purposes of this subsection".
29 The Supplement to the Liquor Distribution Act is repealed.
Ministry of Lands, Parks and Housing Act
30 Section 7 (2) of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is amended by striking out "but, except with the approval of the Lieutenant Governor in Council, money must not be paid out that is not to be recovered".
Motor Carrier Act
31 Section 2 of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended by adding the following subsections:
(3) The Lieutenant Governor in Council may make regulations exempting any person or motor vehicle, or class of person or motor vehicle, from the application of any provision of this Act respecting a requirement under section 3, 11 (1) or 12 (1) to carry a certificate or to display a licence plate, or limiting or varying the application of the requirement in any manner, and the exemption, limitation or variation is of the same force and effect as if set out in this Act.
(4) If there is a conflict between a regulation made under subsection (2) and a regulation made under subsection (3), the regulation made under subsection (3) applies.
Motor Fuel Tax Act
32 Section 20 of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is renumbered as section 20 (1) and the following subsection added:
(2) If the director is satisfied that a collector has remitted to the director an amount as collected taxes that the collector neither collected nor was required to collect under this Act, the director must refund the amount to the collector from the consolidated revenue fund.
Nurses (Registered) Act
33 Section 23 (3) of the Nurses (Registered) Act, R.S.B.C. 1996, c. 335, is amended by striking out "under the Nurses (Registered Psychiatric) Act or as" wherever it appears and substituting "as a Registered Psychiatric Nurse or".
Nurses (Registered Psychiatric) Act
34 The Nurses (Registered Psychiatric) Act, R.S.B.C. 1996, c. 336, is repealed.
Pension Benefits Standards Act
35 Section 1 of the Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, is amended by adding the following subsection:
(3.1) Despite the definition of "multi-employer plan" in subsection (1), the superintendent may exempt a pension plan from that definition if the superintendent considers that an exemption is in the best interest of the plan members.
36 Section 8 (4) is repealed and the following substituted:
(4) If the plan contains a defined benefit provision, the administrator must
(a) have the plan reviewed in accordance with the regulations, and
(b) have the results of the review set out in the form of an actuarial valuation report.
37 Section 9 is amended
(a) by repealing subsection (3) (b) (ii),
(b) in subsection (4) by striking out "or cost certificate" in both places, and
(c) by repealing subsection (6).
38 Section 10 (4) (f) is amended by striking out "cost certificate" and substituting "actuarial valuation report".
39 Section 14 (2) is amended
(a) by adding "and" at the end of paragraph (a) (iii),
(b) by repealing paragraph (a) (iv),
(c) in paragraph (a) (v) by striking out "that relates to the administration of the plan", and
(d) in paragraph (b) (i) by striking out "and cost certificate".
40 Section 15 is amended
(a) in subsection (1) (b) by striking out "section 14 (2) (a) (ii) to (v)," and substituting "section 14 (2) (a) (ii), (iii) or (v),", and
(b) in subsection (2) by striking out "section 14 (2) (a) (ii) to (v)" and substituting "section 14 (2) (a) (ii) or (v)".
41 Section 41 (3) is amended by striking out "and cost certificates".
Private Post-Secondary Education Act
42 Section 5 of the Private Post-Secondary Education Act, R.S.B.C. 1996, c. 375, is amended by adding the following subsection:
(3) If the registration of an institution is suspended under section 7 (3) or (4) (d) (ii), the institution, during the period of the suspension,
(a) may continue to provide post-secondary education, subject to the conditions the executive director may specify under section 7 (4) (d) (ii), to students enrolled and in good standing at the institution on the date the suspension is issued, and
(b) must not enroll, provide post-secondary education to, or offer to enroll or provide post-secondary education to, students other than those described in paragraph (a).
Public Service Labour Relations Act
43 Section 4 (a) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended by striking out "the Nurses (Registered Psychiatric) Act or" and substituting "the Health Professions Act as a Registered Psychiatric Nurse or under".
Real Estate Act
44 Section 17 of the Real Estate Act, R.S.B.C. 1996, c. 397, is amended by adding the following paragraph:
(b.1) money paid into the consolidated revenue fund under section 17.2.
45 The following section is added:
Unclaimed money in a trust account
17.2 (1) Money in a trust account maintained in British Columbia by an agent is deemed to be unclaimed money deposits for the purposes of this section if
(a) the money has been unclaimed for 5 or more years,
(b) the identity of the person entitled to claim the money is known and is not in dispute, and
(c) the agent has made all reasonable efforts to contact the person entitled to claim the money in order to have that money claimed but those efforts have not succeeded.
(2) Unclaimed money deposits may be paid into the consolidated revenue fund in a manner satisfactory to the Comptroller General and, on being so paid,
(a) the unclaimed money deposits form part of the consolidated revenue fund as provided in the Unclaimed Money Act, and
(b) sections 2 to 4 of the Unclaimed Money Act apply to the unclaimed money deposits.
46 Section 63 (3) is amended by striking out "must hold" and substituting "must hold in trust".
Securities Act
47 Section 9 (c) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by striking out "subject to the prior approval of the Treasury Board,".
Small Business Venture Capital Act
48 Sections 3 (2), 9 (2) and 20 (8) of the Small Business Venture Capital Act, R.S.B.C. 1996, c. 429, are repealed.
49 Section 29 is amended by striking out "in the prescribed manner".
Social Service Tax Act
50 Section 77 (e) (ii) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by striking out "under Division 1 of Part 2, except section 11 (3), on that purchase" and substituting "under this Act, other than under section 12, 13 or 15".
51 Section 82 is amended by adding the following subsection:
(1.1) If the commissioner is satisfied that a person has remitted to the commissioner an amount as collected taxes that the person neither collected nor was required to collect under this Act, the commissioner must refund the amount to the person from the consolidated revenue fund.
52 Section 87 (2) is repealed and the following substituted:
(2) On application by a person who paid tax respecting tangible personal property that the person purchased in British Columbia, brought or sent into British Columbia or took delivery of in British Columbia, the commissioner must refund to that person out of the consolidated revenue fund the tax paid if
(a) that person is a manufacturer of portable buildings within the meaning of the regulations,
(b) the tangible personal property was processed, fabricated or manufactured into, attached to or incorporated into a portable building within the meaning of the regulations, and
(c) the portable building referred to in paragraph (b) is shipped by the manufacturer for delivery and use outside British Columbia.
Threshers' Lien Act
53 The Threshers' Lien Act, R.S.B.C. 1960, c. 379, is repealed.
Tobacco Tax Act
54 Section 17 of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is renumbered as section 17 (1) and the following subsection added:
(2) If the director is satisfied that a collector has remitted to the director an amount as collected taxes that the collector neither collected nor was required to collect under this Act, the director must refund the amount to the collector from the consolidated revenue fund.
Transitional -- Fisheries Act
55 A licence under section 22 of the Fisheries Act that is in effect on the date section 16 of this Act comes into force expires on March 31 next following that date.
Transitional -- Fur Farm Act
56 A licence under section 2 of the Fur Farm Act that is in effect on the date section 18 of this Act comes into force expires on March 31 next following that date.
Transitional -- Nurses (Registered Psychiatric) Act
57 (1) If a health profession for persons registered or formerly registered under the Nurses (Registered Psychiatric) Act is designated under section 12 of the Health Professions Act, section 36 of the Interpretation Act applies and the Nurses (Registered Psychiatric) Act is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of this section.
(2) For the purposes of this section, section 36 of the Interpretation Act applies
(a) to the board established under section 17 of the Health Professions Act for the health profession as though the board were, for the purposes of the health profession, the board defined in section 1 of the Nurses (Registered Psychiatric) Act,
(b) to, as circumstances require, the discipline committee or the inquiry committee as defined in section 1 of the Health Professions Act for the health profession as though the discipline committee or the inquiry committee were, for the purposes of the health profession, the board as defined in section 1 of the Nurses (Registered Psychiatric) Act, or a professional conduct committee established under section 11 of that Act,
(c) to bylaws and rules made under the Nurses (Registered Psychiatric) Act as though they were bylaws made under the Health Professions Act,
(d) to regulations made under the Nurses (Registered Psychiatric) Act, and
(e) to a proceeding commenced under the Nurses (Registered Psychiatric) Act to investigate or discipline a member of the health profession.
(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment for a health profession.
Commencement
58 This Act comes into force by regulation of the Lieutenant Governor in Council.
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