2002 Legislative Session: 3rd Session, 37th 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 29th day of October, 2002
Ian D. Izard, Law Clerk


HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 62 -- 2002

MISCELLANEOUS STATUTES AMENDMENT ACT (No. 3), 2002

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

British Columbia Railway Act

1 Section 8 of the British Columbia Railway Act, R.S.B.C. 1996, c. 36, is amended

(a) by renumbering the section as section 8 (1), and

(b) by adding the following subsection:

(2) Despite the agreement referred to in section 2 (1), the common law and the provisions of this or any other enactment, including the Railway Act and the Act to Ratify an Agreement bearing Date the Tenth Day of February, 1912, between His Majesty the King and Timothy Foley, Patrick Welch, and John W. Stewart, and an Agreement bearing Date the Twenty-third Day of January, 1912, between the Grand Trunk Pacific Railway Company and the Grand Trunk Pacific Branch Lines Company and said Foley, Welch, and Stewart, none of the company, any subsidiary or any person under the control of the company or of any subsidiary is required to provide passenger service over all or any part of its line or lines of railway in British Columbia.

 
Employment and Assistance Act

2 Section 11 (1) (a) (i) of the Employment and Assistance Act, S.B.C. 2002, c. 40, is repealed and the following substituted:

(i) is in the form prescribed by the minister, and .

3 Section 13 (1) is repealed and the following substituted:

(1) Subject to the conditions of an employment plan, the family unit of an applicant or a recipient is subject to the consequence described in subsection (2) for a family unit matching the applicant's or recipient's family unit if

(a) at any time while a recipient in the family unit is receiving income assistance or hardship assistance or within 60 days before an applicant in the family unit applies for income assistance, the applicant or recipient has

(i) failed to accept suitable employment,

(ii) voluntarily left employment without just cause, or

(iii) been dismissed from employment for just cause, or

(b) at any time while a recipient in the family unit is receiving income assistance or hardship assistance, the recipient fails to demonstrate reasonable efforts to search for employment.

 
Employment and Assistance for Persons with Disabilities Act

4 Section 11 (1) (a) (i) of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41, is repealed and the following substituted:

(i) is in the form prescribed by the minister, and .

5 Section 12 (1) is repealed and the following substituted:

(1) Subject to the conditions of an employment plan, the family unit of an applicant or a recipient is subject to the consequence described in subsection (2) for a family unit matching the applicant's or recipient's family unit if

(a) at any time while a recipient in the family unit is receiving disability assistance or hardship assistance or within 60 days before an applicant in the family unit applies for disability assistance, the applicant or recipient has

(i) failed to accept suitable employment,

(ii) voluntarily left employment without just cause, or

(iii) been dismissed from employment for just cause, or

(b) at any time while a recipient in the family unit is receiving disability assistance or hardship assistance, the recipient fails to demonstrate reasonable efforts to search for employment.

 
Employment Standards Act

6 Section 80 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by adding the following subsection:

(1.1) Despite subsection (1) (a), for the purposes of a complaint that was delivered before May 30, 2002, to an office of the Employment Standards Branch under and in accordance with section 74, the amount of wages an employer may be required by a determination to pay an employee is limited to the amount that became payable in the period beginning 24 months before the earlier of

(a) the date of the complaint, and

(b) the termination of the employment,

plus interest on those wages.

 
Escheat Act

7 The Escheat Act, R.S.B.C. 1996, c. 120, is amended by adding the following section:

Delegation by Attorney General

1.1 In this Act, "Attorney General" in a section includes a person designated by the Attorney General for purposes of the section.

8 Sections 4 (3), 5, 7 (1) and (2), 8, 11, 12, 13 (2) and 14 (2) are amended by striking out "Lieutenant Governor in Council" wherever it appears and substituting "Attorney General".

 
Freedom of Information and Protection of Privacy Act

9 Section 12 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following subsections:

(5) The Lieutenant Governor in Council by regulation may designate a committee for the purposes of this section.

(6) A committee may be designated under subsection (5) only if

(a) the Lieutenant Governor in Council considers that

(i) the deliberations of the committee relate to the deliberations of the Executive Council, and

(ii) the committee exercises functions of the Executive Council, and

(b) at least 1/3 of the members of the committee are members of the Executive Council.

(7) In subsections (1) and (2), "committee" includes a committee designated under subsection (5).

 
Highway Act

10 Section 29 (1) of the Highway Act, R.S.B.C. 1996, c. 188, is repealed and the following substituted:

(1) Subject to subsection (2), some or all of the cost of construction and maintenance of arterial highways may, but need not, be borne by the ministry.

11 Section 54 (2) is amended by striking out "or the Vancouver Charter".

 
Interjurisdictional Support Orders Act

12 Section 47 of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, is repealed and the following substituted:

47 Section 1 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended by repealing the definitions of "maintenance order" and "reciprocating state" and substituting the following:

"maintenance order" means a provision for the payment of maintenance in an order or judgment that is enforceable in British Columbia and includes

(a) an interim order made under Part 8 of the Family Relations Act,

(b) an order made under section 21,

(c) an agreement deemed to be a maintenance order under subsection (2), and

(d) an order that is a support order under the Interjurisdictional Support Orders Act,

but does not include a provisional order or a provisional variation order, as defined in section 1 (1) of the Interjurisdictional Support Orders Act;

"reciprocating jurisdiction" means a reciprocating jurisdiction as defined in section 1 (1) of the Interjurisdictional Support Orders Act; .

 
Ministry of Transportation and Highways Act

13 Section 27 (1) and (2) of the Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311, is amended by striking out "arbitrators or umpire" and substituting "arbitrator, umpire or referee".

14 Section 27 (3) is repealed.

15 The following section is added:

Damages

27.1 A clause in a contract that stipulates a drawback or penalty for

(a) failure to perform a condition of the contract,

(b) neglect to complete a government building, highway or public work, or

(c) neglect to fulfil a covenant or promise in the contract

must not be construed as punitive, but as importing by mutual consent an assessment of the damages caused by the failure or neglect.

 
Motor Vehicle Act

16 Section 94.5 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following subsection:

(3) In a review of a driving prohibition under section 94.4, no person may be cross examined.

 
Municipalities Enabling and Validating Act (No. 3)

17 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following section:

Validation of City of Vancouver zoning bylaws

7 (1) This section applies to all current or former zoning bylaws of the City of Vancouver.

(2) A zoning bylaw that is or was invalid by reason of a failure to comply with the approval requirement of section 54 (2) of the Highway Act as it read immediately before its amendment by section 11 of the Miscellaneous Statutes Amendment Act (No. 3), 2002 is conclusively deemed to have been validly in force, from the date it would have been in force had the approval requirement been met, to the extent that it would have been validly in force had the approval requirement been met.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

 
Public Guardian and Trustee Act

18 Section 1 of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by repealing the definition of "board".

19 Section 4 is repealed.

20 Section 22 (1) and (4) is amended by striking out "After consulting with the board, the Public Guardian and Trustee" and substituting "The Public Guardian and Trustee".

21 Section 27 (1) to (3) and (6) is repealed.

22 Section 28 is amended by renumbering the second subsection (3) as subsection (4).

23 Section 27 (4) and (5) of the Supplement to the Public Guardian and Trustee Act is repealed.

 
Special Appropriations Act

24 The Special Appropriations Act, R.S.B.C. 1996, c. 437, is repealed.

 
Vancouver Charter

25 Section 396 (1) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following paragraph:

And British Columbia Cancer Agency Branch

(e.2) That part of the lands and improvements located on the north side of the 600 block of West 10th Avenue, and specifically described as

Lot A
Block 359
District Lot 526
Group 1, New Westminster District
Plan LMP 51308
PID 025-141-015,

and occupied by the British Columbia Cancer Agency Branch, so long as it is in actual occupation by, and wholly in use for cancer research and other charitable purposes of, the British Columbia Cancer Agency Branch: .

Transitional -- review of driving prohibitions

26 Section 94.5 (3) of the Motor Vehicle Act, as enacted by section 16 of this Act, applies to all reviews of driving prohibitions under section 94.4 of the Motor Vehicle Act, whether or not the application for the review was made prior to May 5, 1997.

Commencement

27 (1) Section 1 is deemed to have come into force on October 31, 2002 and is retroactive to the extent necessary to give it effect on and after that date.

(2) Sections 2 to 5, 7 to 9 and 24 come into force by regulation of the Lieutenant Governor in Council.

(3) Section 6 is deemed to have come into force on May 30, 2002 and is retroactive to the extent necessary to give it effect on and after that date.

(4) Section 16 is deemed to have come into force on May 5, 1997 and is retroactive to the extent necessary to give it effect on and after that date.

(5) Section 25 comes into force on December 31, 2002, effective for the 2003 taxation year.


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