2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE SHIRLEY BOND
MINISTER OF ADVANCED EDUCATION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended in the definition of "university" by repealing paragraph (d.1).
2 Section 7 (1) of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended in the definition of "post secondary institution" by repealing paragraph (b.1).
3 Section 2 (1) (f) of the Degree Authorization Act, S.B.C. 2002, is repealed.
4 Section 10 of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is amended
(a) in subsection (1) by repealing paragraphs (e), (g) and (h) and substituting the following:
(e) the circumstances in which members, licensees or certificate holders, or a class of members, licensees or certificate holders, must hold professional liability insurance and the amount and category of professional liability insurance that must be held;
(e.1) the establishment and administration of a professional liability insurance program in any category including, without limitation, for providing the council with the power to establish terms, conditions, policies and procedures for categories of professional liability insurance;
(e.2) the circumstances and manner in which members, licensees or certificate holders, or a class of members, licensees or certificate holders, must disclose
(i) whether professional liability insurance is held, and
(ii) whether the insurance is applicable to the services in question;
(g) the establishment, levying, payment and remission of annual fees, admissions fees, application fees, licence fees, professional liability insurance fees and any other fees, including, without limitation, for providing the council with the power to establish, levy, require payment of, and authorize remission of, those fees; ,
(b) in subsection (1) (l) by striking out "to be passed, the experience required and the fees to be paid as" and substituting "to be passed and the experience required as", and
(c) by adding the following subsection:
(1.1) For the purposes of bylaws under subsection (1) (e), (e.1) or (e.2), the council, by bylaw, may
(a) establish classes of members, licensees or certificate holders,
(b) specify different categories of professional liability insurance, and
(c) require that different classes of members, licensees or certificate holders hold different categories of professional liability insurance.
5 Section 13 (5) is amended by striking out "of the prescribed fees," and substituting "of the established fees,".
6 Section 16 (2), (4) and (5) is amended by striking out "fees established by the bylaws" and substituting "fees established by or under the bylaws".
7 Section 21 (1) is amended by striking out "fee set by the bylaws." and substituting "fee established by or under the bylaws."
8 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "educational body" by repealing paragraph (c.1).
9 Sections 21 (2) (b) (v) and 34 (1.1) (c) (v) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, are repealed.
10 Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended in the definition of "public institution" by repealing paragraph (e.3).
11 Section 30 of the Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is repealed.
Public Sector Employers Act
12 Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended in the definition of "public sector employer" by repealing paragraph (d.2).
School Act
13 Section 170.2 of the School Act, R.S.B.C. 1996, c. 412, is amended
(a) in subsection (1) in the definition of "public post-secondary institution" by repealing paragraph (e), and
(b) by repealing subsection (4) (e).
14 The Technical University of British Columbia Act, S.B.C. 1997, c. 54, is amended by adding the following sections:
19.1 (1) Despite any other provision of this Act, the minister may appoint a transition administrator for the purpose of winding up the affairs of the university.
(2) On the appointment of the transition administrator,
(a) the appointment of each member of the board of governors appointed by the Lieutenant Governor in Council is rescinded, and
(b) the members of the board of governors not referred to in paragraph (a) cease to hold office.
(3) The transition administrator appointed under subsection (1)
(a) is deemed to be the board of governors of the university, and
(b) despite section 8 (1), may exercise the powers and perform the duties given to the president by this Act, as authorized by the minister.
(4) The transition administrator must transfer the rights, property, assets, obligations and liabilities of the university as directed by the minister.
19.2 The Technical University of British Columbia Act is repealed by regulation of the Lieutenant Governor in Council.
15 Section 67 (9) of the University Act, R.S.B.C. 1996, c. 468, is repealed.
16 (1) On the repeal of sections 3 and 4 of the Technical University of British Columbia Act,
(a) the Technical University of British Columbia is dissolved,
(b) the appointment of the transition administrator is rescinded,
(c) any remaining rights, property and assets of the Technical University of British Columbia are transferred to and vested in the government, and
(d) the government assumes any remaining obligations and liabilities of the Technical University of British Columbia.
(2) On and after the date on which sections 3 and 4 of the Technical University of British Columbia Act are repealed, a reference to the Technical University of British Columbia in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.
17 Sections 1 to 3, 8 to 11, 12, 13 and 15 come into force on the repeal of sections 3 and 4 of the Technical University of British Columbia Act.
SECTION 1: [College and Institute Act, amends section 1] is consequential to the repeal of the Technical University of British Columbia Act.
SECTION 2: [Criminal Records Review Act, amends section 7 (1)] is consequential to the repeal of the Technical University of British Columbia Act.
SECTION 3: [Degree Authorization Act, repeals section 2 (1) (f)] is consequential to the repeal of the Technical University of British Columbia Act.
SECTION 4: [Engineers and Geoscientists Act, amends section 10]
SECTION 5: [Engineers and Geoscientists Act, amends section 13 (5)] changes a reference to "prescribed fees" to "established fees" for consistency with other references and as more correctly describing the fee.
SECTION 6: [Engineers and Geoscientists Act, amends section 16 (2), (4) and (5)] clarifies that the fees may be established by bylaw or by the council under the authority of a bylaw.
SECTION 7: [Engineers and Geoscientists Act, amends section 21 (1)] clarifies that annual fees may be established by bylaw or by the council under the authority of a bylaw.
Freedom of Information and Protection of Privacy Act
SECTION 8: [Freedom of Information and Protection of Privacy Act, amends Schedule 1] is consequential to the repeal of the Technical University of British Columbia Act.
Motor Vehicle Act
SECTION 9: [Motor Vehicle Act, amends sections 21 and 34] is consequential to the repeal of the Technical University of British Columbia Act.
SECTION 10: [Municipal Finance Authority Act, amends section 1] is consequential to the repeal of the Technical University of British Columbia Act.
SECTION 11: [Ombudsman Act, amends section 30] is consequential to the repeal of the Technical University of British Columbia Act.
SECTION 12: [Public Sector Employers Act, amends section 1] is consequential to the repeal of the Technical University of British Columbia Act.
School Act
SECTION 13: [School Act, amends section 170.2 (1) and (4)] is consequential to the repeal of the Technical University of British Columbia Act.
SECTION 14: [Technical University of British Columbia Act, enacts sections 19.1 and 19.2] adds a transitional provision to allow for the winding up of the university and provides for the repeal of the Technical University of British Columbia Act.
SECTION 15: [University Act, repeals section 67 (9)] is consequential to the repeal of the Technical University of British Columbia Act.
SECTION 16: [Transitional -- Technical University of British Columbia Act] provides for the dissolution of the university and the transfer of its assets and liabilities.
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