2001 Legislative Session: 2nd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR TREATY NEGOTIATIONS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Child Care BC Act
1 Section 1 of the Child Care BC Act, S.B.C. 2001, c. 4, is amended by repealing the definitions of "child care grant", "funding assistance program", and "funding assistance program grant" and substituting the following:
"child care grant" means a payment made for any of the following purposes:
(a) to facilitate the operation of a child care setting;
(b) to facilitate the operation of other child care facilities and services specified by regulation;
(c) to improve the quality of child care;
(d) to improve access to affordable child care;
(e) to develop or operate programs and services that in any other way promote the purposes of this Act; .
2 Sections 3 to 5 are repealed.
3 Section 12 is amended by repealing subsection (2) (e) and (m).
4 Sections 14 to 17 are repealed.
5 The Schedule is repealed.
Child, Youth and Family Advocacy Act
6 Section 14 (2) of the Child, Youth and Family Advocacy Act, R.S.B.C. 1996, c. 47, is repealed and the following substituted:
(2) An acting advocate holds office until the earliest of the following:
(a) a new advocate is appointed under section 3 (1);
(b) the suspension of the advocate ends;
(c) the end of the term, not exceeding 12 months from the date of appointment, set by the Lieutenant Governor on the recommendation of the Legislative Assembly;
(d) the advocate returns to office after the temporary absence.
(3) An individual may be reappointed once only as acting advocate in accordance with this section.
(4) Subsections (2) and (3) apply to an individual appointed as acting advocate before or after the coming into force of this subsection.
Commercial Transport Act
7 Section 4 (1) of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended by striking out "83.1 (1) to (6) and (8) to (13)," and substituting "83.1 (1), (2.1), (3) to (6) and (8) to (13),".
Housing Construction (Elderly Citizens) Act
8 The Housing Construction (Elderly Citizens) Act, R.S.B.C. 1996, c. 208, is repealed.
9 The Senior Citizens Housing Regulation, B.C. Reg. 164/81, is repealed.
10 The Designation of Land Regulation, B.C. Reg. 248/99, is repealed.
Human Rights Code Amendment Act, 2001
11 The Human Rights Code Amendment Act, 2001, S.B.C. 2001, c. 15, is repealed.
Legislative Assembly Allowances and Pension Act
12 Section 4 of the Legislative Assembly Allowances and Pension Act, R.S.B.C. 1996, c. 257, is amended by adding the following subsection:
(14) A member of the Legislative Assembly who is a chair of a Government Caucus Committee and who is not a member of the Executive Council must be paid a salary of $6 000 a year, but must not receive any further salary as chair of any other Government Caucus Committee.
Medical Practitioners Act
13 Section 1 of the Medical Practitioners Act, R.S.B.C. 1996, c. 285, is amended by repealing the definition of "complementary medicine".
14 Section 5 (1.1) is repealed.
15 Section 34 (1.1) is repealed.
16 Section 51 (1.1) is repealed.
17 Section 53 (3.1) is repealed.
18 Section 60 (1.1) is repealed.
19 Section 80 (2) and (3) is repealed and the following substituted:
(2) The council or a committee of the council must not act under section 51 (4) or (5) (b), 53 (7), 59 (1) or 60 (3) or (8) respecting a member solely on the basis that the member practises a therapy that departs from prevailing medical practice unless it can be demonstrated that the therapy poses a greater risk to patient health or safety than does prevailing medical practice.
Motor Vehicle Act
20 Section 82.1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended
(a) in subsections (1) and (2) by repealing paragraph (b) and substituting the following paragraph in each subsection:
(b) is necessary for law enforcement or prosecution purposes respecting an offence
(i) by an owner of a motor vehicle under section 83.1 (2.1), or
(ii) by another person under a provision referred to in section 83.1 (2.1) if evidence of the offence was gathered through the use of a traffic light safety device prescribed for the purpose of that section, , and
(b) by repealing subsection (3) (a) and substituting the following:
(a) is necessary for law enforcement or prosecution purposes respecting an offence
(i) by an owner of a motor vehicle under section 83.1 (2.1), or
(ii) by another person under a provision referred to in section 83.1 (2.1) if evidence of the offence was gathered through the use of a traffic light safety device prescribed for the purpose of that section, and .
21 Section 83.1 is amended
(a) in subsection (1) by repealing the definition of "speed monitoring device",
(b) by repealing subsection (2),
(c) in subsections (3) and (6) by striking out "under subsection (2) or (2.1)" and substituting "under subsection (2.1)", and
(d) by repealing subsections (8) and (9) and substituting the following:
(8) The Lieutenant Governor in Council may prescribe a traffic light safety device for the purpose of subsection (2.1).
(9) Without limiting subsection (2.1) or (8), evidence that is gathered by a traffic light safety device under subsection (2.1) may be gathered by any method that captures the image of a motor vehicle and allows the image to be reproduced including, without limitation, by film or by electronic means.
22 Section 83.2 (2) is repealed and the following substituted:
(2) An enforcement officer may provide, by signing a completed certificate in the prescribed form, evidence of an offence
(a) by an owner of a motor vehicle under section 83.1 (2.1), or
(b) by another person under a provision referred to in section 83.1 (2.1) if evidence of the offence was gathered through the use of a traffic light safety device prescribed for the purpose of that section.
23 Section 135.1 is repealed and the following substituted:
135.1 A person commits an offence who, without lawful excuse, intentionally obstructs or otherwise interferes with the operation of a traffic light safety device, as defined in section 83.1 (1).
24 Section 148.1 (5) and (6) is repealed.
25 Section 18 of the Supplement to the Motor Vehicle Act is repealed.
Offence Act
26 Sections 14 (2), (4) (e), (6) and (10) and 31 (3) of the Offence Act, R.S.B.C. 1996, c. 338, are amended by striking out "under section 83.1 (2) or (2.1)" and substituting "under section 83.1 (2.1)".
27 Sections 3, 4 and 8 of the Supplement to the Offence Act are repealed.
Protection of Public Participation Act
28 The Protection of Public Participation Act, S.B.C. 2001, c. 19, is repealed.
29 (1) In this section:
"Act" means the Housing Construction (Elderly Citizens) Act;
"commission" means the British Columbia Housing Management Commission.
(2) For the purpose of facilitating the repeal of the Act, and despite section 2.1 of the Act, the minister or the commission may do one or more of the following:
(a) take any necessary steps to release and cancel any affordable housing agreements under section 2.1 of the Act;
(b) in respect of any land designated as an affordable housing development by the Designation of Land Regulation, B.C. Reg. 248/99, for the purposes of section 2.1 (3) of the Act, apply to cancel the registration in the land title office of any notice in respect of designated land that was registered for the purposes of the Act;
(c) take any necessary steps to release and cancel any agreements entered into by the commission that provided for the payment or deferral of payment of debts arising under section 2.1 of the Act;
(d) take any necessary steps to release and apply to cancel the registration of any covenants registered in the land title office under section 219 of the Land Title Act that were registered in order to secure obligations arising under section 2.1 of the Housing Construction (Elderly Citizens) Act;
(e) take any other steps necessary to release and cancel any other obligations under the Act or otherwise facilitate the repeal of the Act.
30 Despite the repeal of the Protection of Public Participation Act under section 28 of this Act, the Protection of Public Participation Act applies to any proceeding in which a party to it had, in a document filed in a court registry before the date on which this Act received First Reading in the Legislative Assembly, applied for, pleaded or claimed any right, defence or relief under that Act, but to no other proceeding.
31 (1) Sections 7 to 10, 13 to 22, 24, 26 and 29 come into force by regulation of the Lieutenant Governor in Council.
(2) Section 12 is deemed to have come into force on June 12, 2001, and is retroactive to the extent necessary to give all measures taken under it effect on and after that date.
(3) Section 29 is repealed by regulation of the Lieutenant Governor in Council.
Explanatory Notes
Child Care BC Act
(Minister of Community, Aboriginal and Women's Services)
SECTION 1: [Child Care BC Act, amends section 1] is consequential to the repeal of sections 3 to 5 of the Act.
SECTION 2: [Child Care BC Act, repeals sections 3 to 5] repeals sections respecting the funding assistance program.
SECTION 3: [Child Care BC Act, amends section 12] is consequential to the repeal of sections 3 to 5 of the Act.
SECTION 4: [Child Care BC Act, repeals sections 14 to 17] repeals spent transition provisions.
SECTION 5: [Child Care BC Act, repeals the Schedule] is consequential to the repeal of sections 3 to 5 of the Act.
Child, Youth and Family Advocacy Act
(Attorney General)
SECTION 6: [Child, Youth and Family Advocacy Act, repeals and replaces section 14 (2)] modifies the rules about when an acting advocate's term of office comes to an end and clarifies that an acting advocate may be reappointed.
Commercial Transport Act
(Minister of Transportation)
SECTION 7: [Commercial Transport Act, amends section 4 (1)] removes reference to section 83.1 (2) of the Act repealed by this Bill.
Housing Construction (Elderly Citizens) Act
(Minister of Community, Aboriginal and Women's Services)
SECTION 8: [Housing Construction (Elderly Citizens) Act, repeals the Act] is self- explanatory.
SECTION 9: [Senior Citizens Housing Regulation, B.C. Reg. 164/81] repeals the regulation .
SECTION 10: [Designation of Land Regulation, B.C. Reg. 248/99] repeals the regulation.
Human Rights Code Amendment Act, 2001
(Attorney General)
SECTION 11: [Human Rights Code Amendment Act, 2001, repeals the Act] repeals amendments to sections 12 and 37 of the Human Rights Code that have not yet come into force.
Legislative Assembly Allowances and Pension Act
(Minister of Management Services)
SECTION 12: [Legislative Assembly Allowances and Pension Act, adds section 4 (14)] entitles a chair of a Government Caucus Committee to a salary of $6 000 a year.
Medical Practitioners Act
(Minister of Health Planning)
SECTION 13: [Medical Practitioners Act, amends section 1] repeals the definition of "complementary medicine".
SECTION 14: [Medical Practitioners Act, repeals section 5 (1.1)] is self explanatory.
SECTION 15: [Medical Practitioners Act, repeals section 34 (1.1)] is self explanatory.
SECTION 16: [Medical Practitioners Act, repeals section 51 (1.1)] is self explanatory.
SECTION 17: [Medical Practitioners Act, repeals section 53 (3.1)] is self explanatory.
SECTION 18: [Medical Practitioners Act, repeals section 60 (1.1)] is self explanatory.
SECTION 19: [Medical Practitioners Act, amends section 80] establishes that the practice of a non-conventional therapy by a member is not by itself a basis for holding that the member is incompetent or guilty of professional misconduct.
Motor Vehicle Act
(Minister of Transportation)
SECTION 20: [Motor Vehicle Act, amends section 82.1] removes references to provisions respecting speed monitoring devices.
SECTION 21: [Motor Vehicle Act, amends section 83.1] repeals a provision which made an owner liable for a speeding offence if evidence of the offence was gathered by a speed monitoring device, and removes subsequent references to that provision.
SECTION 22: [Motor Vehicle Act, repeals and replaces section 83.2 (2)] removes references to provisions respecting speed monitoring devices.
SECTION 23: [Motor Vehicle Act, re-enacts section 135.1] removes references to provisions respecting speed monitoring devices.
SECTION 24: [Motor Vehicle Act, repeals section 148.1 (5) and (6)] repeals provisions respecting speed monitoring devices.
SECTION 25: [Supplement to Motor Vehicle Act, repeals section 18] repeals a not in force provision of the Act.
Offence Act
(Attorney General)
SECTION 26: [Offence Act, amends sections 14 (2), (4) (e), (6) and (10) and 31 (3)] removes references to provisions of the Motor Vehicle Act that are repealed by this Bill.
SECTION 27: [Supplement to Offence Act, repeals sections 3, 4 and 8] repeals not in force provisions of the Act relating to provisions of the Motor Vehicle Act that are repealed by this Bill.
Protection of Public Participation Act
(Attorney General)
SECTION 28: [Protection of Public Participation Act, repeals the Act] is self-explanatory.
SECTION 29: [Transitional -- repeal of the Housing Construction (Elderly Citizens) Act] provides the British Columbia Housing Management Commission with powers in order to facilitate the repeal of the Housing Construction (Elderly Citizens) Act.
SECTION 30: [Transitional -- repeal of the Protection of Public Participation Act] provides that the Protection of Public Participation Act remains in effect only for, and applies only to, any legal proceeding in which any of the parties to the proceeding applied for, pleaded or claimed any right, defence or relief under that Act before the date this Bill receives First Reading in the Legislative Assembly.
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