1998/99 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 2nd day of June, 1999
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:
Court of Appeal Act
1 The Court of Appeal Act, R.S.B.C. 1996, c. 77, is amended by adding the following section:
4.1 (1) A justice who resigns his or her office, is appointed to another court or ceases to hold office under section 99 (2) of the Constitution Act, 1867, may, within 6 months after the resignation, appointment or ceasing to hold office, give judgment in a proceeding he or she heard while holding office, and the judgment is effective as though he or she still held office.
(2) A justice who is appointed to another court may continue with the hearing of any proceeding of which he or she was seized, and the jurisdiction to hear the proceeding and give judgment is effective as though he or she still held office.
2 Section 18 is amended by adding the following subsection:
(4) A justice may dismiss as abandoned the appeal of an appellant who fails to comply with an order made under subsection (1).
3 Section 23 is repealed and the following substituted:
23 Unless the court or a justice otherwise orders, the party who is successful on an appeal is entitled to costs of the appeal including the costs of all applications made in the appeal.
Court Order Enforcement Act
4 Sections 9 (4) and 13 (3) of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78, are amended by striking out "double".
Creditor Assistance Act
5 Section 9 (1) of the Creditor Assistance Act, R.S.B.C. 1996, c. 83, is amended by striking out "creditor" and substituting "debtor".
6 Sections 9 (3) (b), 10 and 11 (9) are amended by striking out "prepaid".
Estate Administration Act
7 Section 47 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is repealed.
8 Section 59 is amended
(a) in subsection (2) by striking out "subsection (4)." and substituting "subsection (6).",
(b) in subsection (8) by striking out "subsection (4)" and substituting "subsection (6)",
(c) by repealing subsection (9),
(d) by renumbering subsection (10) as subsection (9), and
(e) by repealing subsection (11) and substituting the following:
(10) This section, section 60 and section 61 are subject to section 10 of the Workers Compensation Act, and nothing in this section, section 60 or 61 prejudices or affects a right of action under section 103 of that Act or the Family Compensation Act.
9 The following section is added:
67.1 (1) This section applies only if
(a) the deceased died testate leaving a specific bequest of real or personal property to a beneficiary, and
(b) the will does not expressly exclude the operation of this section.
(2) If the personal representative, after making all reasonable efforts, is unable to locate the beneficiary within one year of the date of the grant of letters probate or administration with will annexed, the personal representative may sell the real or personal property, deduct any costs related to the storage, transportation and sale of the property and hold the net proceeds in trust.
(3) If net proceeds under subsection (2) are held in trust by the Public Trustee and a beneficiary does not make a claim to those proceeds within the time period specified in the Unclaimed Money Act, the proceeds are deemed to be unclaimed money deposits under that Act.
(4) If net proceeds under subsection (2) are held in trust by a personal representative other than the Public Trustee, the personal representative must promptly pay the proceeds into court after deducting the costs of doing so.
(5) If a beneficiary under an estate described in subsection (1) has been located and notified of a specific bequest but neglects or refuses to make arrangements to take delivery of the property within 6 months of the notification, the personal representative may sell the real or personal property, deduct any costs related to the storage, transportation and sale of the property and send the net proceeds to the beneficiary.
(6) If a beneficiary described in subsection (5) does not accept the net proceeds, the personal representative must hold the net proceeds in trust and subsection (3) or (4) applies.
(7) This section does not prevent an application by a personal representative to the court under section 39 of the Trustee Act or under section 3 of the Survivorship and Presumption of Death Act.
10 Section 75 (1) (b) is repealed and the following substituted:
(b) there is no trustee for the minor's interest in the estate, .
Evidence Act
11 Section 60 (k) of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed.
12 The following section is added:
60.1 The following persons are commissioners for taking affidavits for British Columbia only for the purposes of exercising the powers and performing the duties of their office:
(a) members of the Royal Canadian Mounted Police who are peace officers and are located in British Columbia;
(b) designated constables, provincial constables and municipal constables as defined in the Police Act;
(c) other individuals or classes of individuals who are officers as defined in the Police Act and who are designated by regulation of the Attorney General for the purposes of this section.
13 Section 72 (2) (a) is amended by renumbering the subparagraphs as (i), (ii) and (iii) respectively.
14 The Supplement to the Evidence Act is repealed.
Interpretation Act
15 Section 11 of the Interpretation Act, R.S.B.C. 1996, c. 238, is repealed and the following substituted:
11 (1) In an enactment, a head note to a provision or a reference after the end of a section or other division
(a) is not part of the enactment, and
(b) must be considered to have been added editorially for convenience of reference only.
(2) In an enactment, if a reference to a provision of the enactment or any other enactment is followed by italicized text in square brackets that is or purports to be descriptive of the subject matter of the provision, subsection (1) (a) and (b) applies to the text in square brackets.
(3) The Lieutenant Governor in Council may make regulations amending an enactment for the purpose of changing a reference to a specific minister or ministry in a provision of the enactment to the minister or ministry, as applicable, currently assigned responsibility in relation to the matter.
Land Title Act
16 Sections 265 (b) and (c), 266 (3) (b) and (c) and 269 (a) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "(Canada)".
Libel and Slander Act
17 Sections 7 (e) and 8 (b) of the Libel and Slander Act, R.S.B.C. 1996, c. 263, are amended by striking out "mailed by registered letter" and substituting "sent by registered mail".
18 Section 12 (3) is amended by striking out "registered letter containing the person's address" and substituting "letter containing the person's address, sent by registered mail", by striking out "mails it by registered letter" and substituting "sends it by registered mail" and by striking out "on which the registered letter" and substituting "on which the letter".
Limitation Act
19 Section 3 (6) of the Limitation Act, R.S.B.C. 1996, c. 266, is amended by striking out "the" after "limiting".
Motion Picture Act
20 Section 2 (4) of the Motion Picture Act, R.S.B.C. 1996, c. 314, is repealed and the following substituted:
(4) Before a motion picture distributor distributes a motion picture for the purpose of exhibition in a theatre, the motion picture distributor must demonstrate, by means of a certificate or some other evidence of approval satisfactory to the director, that the motion picture and all copies of it that are intended for exhibition have been approved as described in subsection (2).
Motor Vehicle Act
21 Section 66 (3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed.
Multilevel Marketing Regulation Act
22 The Multilevel Marketing Regulation Act, R.S.B.C. 1996, c. 322, is repealed.
Municipal Act
23 Section 6 of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed.
Police Act
24 Section 60.1 (8) of the Police Act, R.S.B.C. 1996, c. 367, is amended by striking out "double".
Refugee Settlement Act
25 The Refugee Settlement Act, R.S.B.C. 1996, c. 401, is repealed.
Trustee Act
26 Section 27 (2) (c) of the Trustee Act, R.S.B.C. 1996, c. 464, is amended by striking out "but if only" and substituting "but, except in a case in which only".
Wills Act
27 Section 25 of the Wills Act, R.S.B.C. 1996, c. 489, is amended by striking out "if the testator" and substituting "if the testator or other person".
Young Offenders (British Columbia) Act
28 Section 7 of the Young Offenders (British Columbia) Act, R.S.B.C. 1996, c. 494, is amended
(a) in subsection (3) by striking out "section 92.1" and substituting "section 100", and
(b) in subsection (4) by striking out "section 76" and substituting "section 83".
29 (1) Sections 5, 8, 11 to 13, 16, 19 to 21 and 26 to 28 come into force by regulation of the Lieutenant Governor in Council.
(2) When brought into force by regulation, sections 5, 8, 13, 16, 19 and 26 to 28 are deemed to have come into force on April 21, 1997 and are retroactive to the extent necessary to give them effect on and after that date.
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