2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GEORGE ABBOTT
MINISTER OF COMMUNITY, ABORIGINAL
AND WOMEN'S SERVICES
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Cemetery and Funeral Services Act
1 Section 66 (8) of the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, is repealed.
2 Section 127.1 (4) as consolidated in section 1 of the Supplement to the Cemetery and Funeral Services Act is repealed and the following substituted:
(4) The money retained under subsection (3) must be paid annually, as prescribed, to the municipality where the land is located.
Financial Information Act
3 Schedule 1 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out "Heritage Conservation Act".
First Peoples' Heritage, Language and Culture Act
4 The preamble to the First Peoples' Heritage, Language and Culture Act, R.S.B.C. 1996, c. 147, is amended by repealing paragraphs (a) and (b) and substituting the following:
(a) preserve, restore and enhance First Nations heritage, language and culture,
(b) increase understanding and sharing of knowledge, within both the First Nations and non-First Nations communities, and .
5 Section 2 (3) is amended by striking out "Lieutenant Governor in Council" and substituting "minister".
6 Section 3 is amended
(a) by repealing subsection (2) and substituting the following:
(2) The corporation consists of a board of the following members:
(a) 3 voting members appointed by the minister;
(b) no more than 9 First Nations voting members appointed by the minister from a list of persons recommended under section 2 (7);
(c) a non-voting member appointed by the minister on the recommendation of the board for the purpose of providing additional historical, cultural or community perspective. ,
(b) in subsection (4) by striking out "4 consecutive years." and substituting "3 terms.",
(c) in subsection (5) by striking out "Lieutenant Governor in Council" and substituting "minister", and
(d) in subsection (7) by striking out "Lieutenant Governor in Council" and substituting "board".
7 Sections 6 (1) (a), (c) and (d) and 9 (1) are amended by striking out "Native" wherever it appears and substituting "First Nations".
8 Sections 6 (3) and 7 are amended by striking out "Minister of Finance and Corporate Relations" and substituting "Minister of Finance".
9 Section 8 is amended
(a) in subsection (3) by striking out "Minister of Finance and Corporate Relations" and substituting "Minister of Finance",
(b) by repealing subsection (4) and substituting the following:
(4) At least once in every fiscal year, the corporation must prepare audited financial statements for the preceding fiscal year. ,
(c) in subsection (6) by striking out "a financial statement" and substituting "an audited financial statement",
(d) in subsections (7), (10) and (11) by adding "audited" before "financial", and
(e) by repealing subsection (8) and substituting the following:
(8) The Financial Information Act and the Budget Transparency and Accountability Act apply to the corporation.
Freedom of Information and Protection of Privacy Act
10 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:
| Public Body: | British Columbia Heritage Trust | |
| Head: | Chair . |
Heritage Conservation Act
11 Section 1 of the Heritage Conservation Act, R.S.B.C. 1996, c. 187, is amended by repealing the definitions of "board" and "Heritage Trust".
12 Section 4 (3) is amended by striking out "or 28 (1) (b)".
13 Part 3 is repealed.
14 Section 35 (2) is amended by striking out "the Heritage Trust, a director, officer or employee of the Heritage Trust," and "or the board of directors of the Heritage Trust".
Local Government Act
15 Section 899 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a) in subsection (2) by striking out "one person appointed by the council, one person appointed by the minister and one person appointed by the other 2 appointees." and substituting "3 persons appointed by the council.",
(b) in subsection (3) by striking out "2 persons appointed by the council, 2 persons appointed by the minister and one person appointed by the other 4 appointees." and substituting "5 persons appointed by the council.",
(c) in subsection (5) by striking out "one person appointed by the board, one person appointed by the minister and one person appointed by the other 2 appointees." and substituting "3 persons appointed by the board.",
(d) by adding the following subsections:
(5.1) Two or more local governments may satisfy the obligation under subsection (1) by jointly establishing a board of variance by bylaw adopted by all participating local governments.
(5.2) The bylaw in subsection (5.1) must
(a) specify the area of jurisdiction for the board of variance, which may be all or part of the participating local governments, but must not overlap with the area of jurisdiction of any other board of variance, and
(b) establish rules for
(i) appointment and removal of members of the board of variance, and
(ii) appointment and removal of a chair of the board of variance,
which apply in place of those established by this section and section 900.
(5.3) As an exception to subsections (2) to (5) in relation to a board of variance established under subsection (5.1),
(a) if a municipality is one of the participating local governments, the board of variance is to consist of
(i) 3 persons, if the population of the area of the jurisdiction of the board of variance is 25 000 or less, or
(ii) 5 persons, if the population of the area of the jurisdiction of the board of variance is more than 25 000, and
(b) if a municipality is not one of the participating local governments, a board of variance is to consist of 3 persons. ,
(e) in subsection (6) by striking out "An appointment under subsections (2) to (5)" and substituting "Subject to subsection (9) and to the rules established under subsection (5.2) (b) (i), an appointment to a board of variance",
(f) in subsection (9) by striking out "remove its appointee" and substituting "rescind an appointment to a board of variance", and
(g) by repealing subsection (10).
16 Section 933 (12) is repealed and the following substituted:
(12) As an exception to subsection (11), a local government may provide assistance by waiving or reducing a charge under this section for not for profit rental housing, including supportive living housing.
(13) The minister may make regulations defining what constitutes not for profit supportive living housing for the purposes of subsection (12).
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 Part:
Part 3 -- 2003
8 (1) Despite the Local Government Act but subject to this section, the Sunshine Coast Regional District had and continues to have the authority to provide the service authorized by section 1 [development of land for commercial or industrial use] of the Sunshine Coast Regional District Regulation, B.C. Reg. 418/89, as if it had adopted an establishing bylaw for the service.
(2) The authority to continue providing the service referred to in subsection (1) ends one year after the date on which this section comes into force unless the regional district has adopted an establishing bylaw for the service before that date.
(3) Division 4.1 [Establishing Bylaws] of Part 24 of the Local Government Act applies to the establishing bylaw required by subsection (2), with the exception that the bylaw may be adopted with the approval of the inspector of municipalities but without the approval of the electors in the participating areas for the service.
(4) All resolutions, bylaws and actions of the regional district in relation to the service referred to in subsection (1) are conclusively deemed to have been validly adopted or taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.
(5) 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 because it makes no specific reference to that matter.
9 (1) In this section:
"NWBC" means NWBC Timber and Pulp Limited;
"region municipality" means a municipality that is in
(a) the Skeena-Queen Charlotte Regional District,
(b) the Regional District of Kitimat-Stikine, or
(c) the Regional District of Bulkley-Nechako;
"restructure plan" means the Amended Plan of Compromise or Arrangement respecting the Skeena companies that was approved by order of the Supreme Court entered on April 16, 2002 and that is now applicable to NWBC;
"Skeena companies" means
(a) Skeena Cellulose Inc.,
(b) Orenda Forest Products Ltd.,
(c) Orenda Logging Ltd., and
(d) 9753 Acquisition Corp.
(2) Despite Divisions 1 [Due Dates and Tax Notices] and 3 [Payment of Taxes] of Part 11 [Tax Collection] of the Local Government Act, a region municipality may
(a) defer the collection of property taxes payable by NWBC, as contemplated by the restructure plan,
(b) defer the collection of property taxes payable by the Skeena companies, and
(c) forgive the interest and penalties on such deferred taxes.
(3) Despite section 403 [annual tax sale] of the Local Government Act, a region municipality is not required to offer property of NWBC or the Skeena companies for tax sale in relation to taxes that are delinquent as contemplated by subsection (2).
(4) Despite section 327 (5) [prohibition against municipal deficits] of the Local Government Act, the City of Prince Rupert may incur a deficit to the extent of outstanding amounts receivable from NWBC or the Skeena companies for the period this is contemplated by the restructure plan.
(5) Despite section 182 [prohibition against assistance to business] of the Local Government Act, the City of Prince Rupert is conclusively deemed to have had the authority to enter into the loan guarantee made pursuant to the council resolution adopted on February 19, 2002, in relation to the loan provided by the Northern Savings Credit Union to NWBC, and the loan guarantee is confirmed and validated effective that date.
(6) All resolutions, bylaws and actions of the City of Prince Rupert in relation to the loan guarantee referred to in subsection (5) are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.
(7) 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 because it makes no specific reference to that matter.
10 (1) Despite Part 3 [Electors and Elections] and section 792 (1) [chair of board] of the Local Government Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional District and the Town of Fort Nelson, provide for the election of a person in accordance with subsection (3) to serve as both the chair of the board and the mayor of the town for the term of office under section 209 (1) [term of office for mayor].
(2) Despite Part 3 [Electors and Elections] and sections 784 (1) and (2) [appointment of municipal directors] and 785 (1) and (3) [election of electoral area directors] of the Local Government Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional District and the Town of Fort Nelson, provide
(a) for the election of persons elected in accordance with subsection (3) to serve as both a director of the regional district and a councillor of the town for the term of office under section 209 (2) [term of office for councillors],
(b) for the board of the regional district to appoint one or more electoral area directors for each electoral area from among the directors, other than the chair, and for the term of office of a director as an electoral area director, and
(c) that, for all purposes of Part 24 [Regional Districts] of the Local Government Act, the chair and all directors who are not appointed as electoral area directors are deemed to be municipal directors.
(3) For the purposes of subsections (1) and (2), the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional District and the Town of Fort Nelson, provide that Part 3 [Electors and Elections] of the Local Government Act, with any changes to Part 3 the Lieutenant Governor in Council considers necessary or advisable, applies to the elections referred to in those subsections as though
(a) the regional district and the town were the same jurisdiction and the electors of the regional district were the electors of that jurisdiction,
(b) the chair of the regional district and the mayor of the town were the mayor,
(c) the directors of the regional district and the councillors of the town were the councillors of the town,
(d) candidates for election as chair of the regional district and as mayor of the town were candidates for election as mayor of the town, and
(e) candidates for election as directors of the regional district and councillors of the town were candidates for election as councillors of the town.
(4) Despite sections 19 [size of council], 207 [size of council] and 208 [quorum of council] of the Local Government Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Town of Fort Nelson, establish the size and quorum of council.
(5) Despite sections 777 (1) (d) [letters patent of regional district] and 783 (2) to (7) [composition and voting rights] of the Local Government Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional District, provide the number of votes assigned to each director.
11 (1) Despite sections 3 (1) (c) [letters patent -- voting unit] and 9 (1) [voting] of the Hospital District Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional Hospital District, establish that all votes of the board are to be conducted on the basis of one vote for each director.
(2) Despite section 13 (1) [chair] of the Hospital District Act, the Lieutenant Governor in Council may, by supplementary letters patent for the Northern Rockies Regional Hospital District, establish that the person elected as chair of the Northern Rockies Regional District is, by that election, appointed as chair of the Northern Rockies Regional Hospital District.
Vancouver Charter
18 Section 279B (3) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by repealing paragraph (c) and substituting the following:
(c) for an appeal to the Vancouver Police Board from a decision granting, refusing, suspending or cancelling any permit, including the power to provide that
(i) the Board may delegate the hearing and deciding of such an appeal to one or more members of the Board, and
(ii) the decision of the delegate or delegates, as the case may be, be deemed to be the decision of the Board; .
19 Section 455 is amended in the definition of "business promotion scheme" by adding the following paragraph:
(b.01) the removal of graffiti from buildings or structures in one or more business improvement areas, .
20 Section 572 is amended
(a) in subsection (1) by striking out "of five members, two to be appointed by the Council, two to be appointed by the Lieutenant-Governor in Council, and a Chairman who shall be appointed by a majority of the other appointees. The Board shall appoint a secretary and such other officials as may be required by the Board",
(b) by adding the following subsections:
(1.1) The Board shall consist of
(a) five members appointed by the Council, and
(b) a Chairman appointed by a majority of the members.
(1.2) The Board shall appoint a secretary and shall appoint such other officials as may be required by the Board. ,
(c) in subsection (2) by striking out "Each" and substituting "Subject to subsection (2.1), each",
(d) by adding the following subsection:
(2.1) The Council may rescind an appointment to the Board at any time. ,
(e) by repealing subsection (7) and substituting the following:
(7) If a member of the Board ceases to hold office, a successor shall be appointed in the same manner as such member was appointed and, until the appointment of a successor, the remaining members shall constitute the Board. , and
(f) by repealing subsection (8).
21 (1) In this Act, "Heritage Trust" means the British Columbia Heritage Trust.
(2) On the repeal of Part 3 of the Heritage Conservation Act,
(a) the Heritage Trust is dissolved,
(b) the appointment of each member of the board is rescinded,
(c) all of the rights, property and assets of the Heritage Trust are transferred to and vested in the government, and
(d) the government assumes all obligations and liabilities of the Heritage Trust.
22 Money required to be paid out in respect of obligations and liabilities of the Heritage Trust assumed by the government under section 21 (2) (d) may be paid out of the consolidated revenue fund.
23 (1) Despite the amendment to section 899 of the Local Government Act by this Act, all members of a board of variance who hold office at the time section 15 of this Act comes into force, including members appointed by the minister, continue to be members of the board until
(a) the end of their term, or
(b) the local government rescinds their appointment.
(2) Despite the amendment to section 572 of the Vancouver Charter by this Act, all members of a Board of Variance who hold office at the time section 20 of this Act comes into force, including members appointed by the Lieutenant Governor in Council, continue to be members of the Board until
(a) the end of their term, or
(b) the Council rescinds their appointment.
24 (1) Sections 1 to 3, 10 to 14, 21 and 22 come into force on April 1, 2003.
(2) Sections 4 to 9 come into force by regulation of the Lieutenant Governor in Council.
Cemetery and Funeral Services Act
SECTION 1: [Cemetery and Funeral Services Act, repeals section 66 (8)] consequentially to section 13 of this Bill, removes the designation of the Heritage Trust as the recipient of money under this section.
SECTION 2: [Cemetery and Funeral Services Act, repeals and replaces section 127.1 (4) of the Act as consolidated in section 1 of the Supplement] consequentially to section 13 of this Bill, removes the designation of the Heritage Trust as the recipient of money under a not-in-force provision.
Financial Information Act
SECTION 3: [Financial Information Act, amends Schedule 1] is consequential to the repeal of Part 3 of the Heritage Conservation Act by this Bill.
First Peoples' Heritage, Language and Culture Act
SECTION 4: [First Peoples' Heritage, Language and Culture Act, amends the preamble] updates references to First Nations.
SECTION 5: [First Peoples' Heritage, Language and Culture Act, amends section 2 (3)] transfers to the minister powers formerly exercised by the Lieutenant Governor in Council.
SECTION 6: [First Peoples' Heritage, Language and Culture Act, amends section 3] restructures the composition of the First Peoples' Heritage, Language and Culture Council, changes the period of maximum service for members of the board, transfers to the minister powers formerly exercised by the Lieutenant Governor in Council and provides for the board to select its own chair.
SECTION 7: [First Peoples' Heritage, Language and Culture Act, amends sections 6 (1) and 9 (1)] updates references to First Nations.
SECTION 8: [First Peoples' Heritage, Language and Culture Act, amends sections 6 (3) and 7] updates references to the Minister of Finance.
SECTION 9: [First Peoples' Heritage, Language and Culture Act, amends section 8] updates a reference to the Minister of Finance, requires the preparation of audited financial statements and provides that the Budget Transparency and Accountability Act applies to the corporation.
Freedom of Information and Protection of Privacy Act
SECTION 10: [Freedom of Information and Protection of Privacy Act, amends Schedule 2] is consequential to the repeal of Part 3 of the Heritage Conservation Act by this Bill.
Heritage Conservation Act
SECTION 11: [Heritage Conservation Act, amends section 1] is consequential to the repeal of Part 3 of the Act by this Bill.
SECTION 12: [Heritage Conservation Act, amends section 4 (3)] is consequential to the repeal of Part 3 of the Act by this Bill.
SECTION 13: [Heritage Conservation Act, repeals Part 3] repeals provisions respecting the British Columbia Heritage Trust.
SECTION 14: [Heritage Conservation Act, amends section 35 (2)] is consequential to the repeal of Part 3 of the Act by this Bill.
Local Government Act
SECTION 15: [Local Government Act, amends section 899]
| • | authorizes a local government to appoint all members of a board of variance and discontinues provincial appointments; | |
| • | allows two or more local governments to jointly establish a board of variance. |
SECTION 16: [Local Government Act, amends section 933] provides local governments with authority to waive or reduce development cost charges that would otherwise apply to not for profit supportive living housing.
Municipalities Enabling and Validating Act (No. 3)
SECTION 17: [Municipalities Enabling and Validating Act (No. 3), enacts Part 3]
| • | validates the industrial park development service that the Sunshine Coast Regional District has been providing since 1989; | ||
| • | authorizes municipalities within the region affected by the NWBC Timber and Pulp Limited debt restructure plan to carry out the terms of the plan; | ||
| • | validates the loan guarantee provided for the benefit of that company by the City of Prince Rupert; | ||
| • | provides authority for a different governance model for the Northern Rockies Regional District, the Town of Fort Nelson and the Northern Rockies Regional Hospital District, in certain respects, than is authorized under the Local Government Act and the Hospital District Act, including | ||
| • | election by the regional district at large of the same person as mayor of the town and chair of the regional district board and, by that election, automatic appointment of the same person as chair of the Northern Rockies Regional Hospital District, | ||
| • | elections of the same persons as both councillors for the town and directors of the regional board, and | ||
| • | authorizing the Lieutenant Governor in Council to provide the size and quorum of the council by letters patent. | ||
Vancouver Charter
SECTION 18: [Vancouver Charter, repeals and replaces section 279B (3) (c)] authorizes the Council to provide, by by-law, that the Vancouver Police Board may delegate appeals to one or more members of that Board.
SECTION 19: [Vancouver Charter, amends section 455] allows the City of Vancouver to use a business improvement area levy to fund removal of graffiti from public and private property in the business improvement area.
SECTION 20: [Vancouver Charter, amends section 572] authorizes the Council to appoint all members of a Board of Variance and discontinues provincial appointments.
SECTION 21: [Dissolution of Heritage Trust]
| • | dissolves the Heritage Trust and rescinds the appointment of its members; | |
| • | transfers the Heritage Trust's rights and obligations to the government. |
SECTION 22: [Appropriation -- Heritage Conservation Act] authorizes the government to pay liabilities assumed from the Heritage Trust out of the consolidated revenue fund.
SECTION 23: [Transitional -- boards of variance] ensures that members of boards of variance who were appointed before the coming into force of the amendments by this Act to section 899 of the Local Government Act and section 572 of the Vancouver Charter continue to hold office until they are replaced in accordance with the amended provisions.
[ Return to: Legislative Assembly Home Page ]
Copyright © 2003: Queen's Printer, Victoria, British Columbia, Canada