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 13th day of July, 1999
Ian D. Izard, Law Clerk


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


BILL 74 -- 1999

MISCELLANEOUS STATUTES AMENDMENT
ACT (No. 2), 1999

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

Animal Disease Control Act

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

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

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

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

Assessment Act

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

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

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

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

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

4 Section 2 of the Supplement to the Assessment Act is repealed.


British Columbia Wine Act

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

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

6 Section 2 is repealed and the following substituted:

British Columbia Wine Institute continued

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

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

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

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

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

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

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

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

(c) one voting director appointed by the minister.

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

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

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

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

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

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

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

7 Section 3 is amended

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

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

8 Section 4 is amended

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

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

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

9 Section 5 is repealed and the following substituted:

Direction by Lieutenant Governor in Council

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

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

Builders Lien Act

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

Exemptions

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

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

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

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

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


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

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


Commercial River Rafting Safety Act

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

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

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

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

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

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

14 Section 7 is amended

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

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

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

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

(c) by adding the following subsection:

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


Community Financial Services Act

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

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

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


Diking Authority Act

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


Drainage, Ditch and Dike Act

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


Electrical Safety Act

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

Appeal from decision of chief inspector

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

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

19 The Supplement to the Electrical Safety Act is repealed.


Elevating Devices Safety Act

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


Employee Investment Act

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

(d) either

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

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


Environment Management Act

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


Fire Services Act

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

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

25 The Supplement to the Fire Services Act is repealed.


Fisheries Act

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

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

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


Gas Safety Act

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

Appeal from decision of chief inspector

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

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

28 The Supplement to the Gas Safety Act is repealed.


Health Act

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


Heritage Conservation Act

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


Highway Act

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

32 Section 32 is amended by adding the following subsection:

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

Hospital Act

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


Hydro and Power Authority Act,

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


Land Act

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

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

37 Section 14 (1) is amended

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

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

38 Section 18 is repealed and the following substituted:

Land below natural water boundary

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

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

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

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

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

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

43 Section 61 is repealed and the following substituted:

Enforcement of payment

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

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

(b) bears interest at a prescribed rate.

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

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

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

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


Land Title Act

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

Library Act

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

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

(2) A municipal council must, by resolution,

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

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

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

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

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

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

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

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

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


Manufactured Home Act

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


Mineral Tax Act

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

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

(b) by repealing paragraph (b).

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


Ministry of Social Services and Housing Act

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


Municipal Act

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

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

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

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

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

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

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

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

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

55 Section 966 is amended by adding the following subsection:

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

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

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


Natural Products Marketing (BC) Act

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

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

(b) by adding the following subsections:

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

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

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

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

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

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


Power Engineers and Boiler and Pressure Vessel Safety Act

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

Appeal from decision of director

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

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

Seed Grower Act

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


Seed Potato Act

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


Travel Regulation Act

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


Vancouver Charter

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

Term of licence

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

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

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

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

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

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

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

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

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

(3) Notice of the hearing, stating

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

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

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

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

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

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

67 Section 594 (4) is repealed.

Veterinarians Act

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

69 The following section is added:

Injunction

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


Waste Management Act

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

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

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

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

71 Section 13 is amended by adding the following subsection:

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

72 Section 14 is amended by adding the following subsection:

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

Weed Control Act

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

Transitional -- British Columbia Wine Act

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

Commencement

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

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


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