2004 Legislative Session: 5th Session, 37th Parliament
FOR REPORT

The following electronic version is for informational purposes only.
The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 20th day of May, 2004
Ian D. Izard, Q.C., Law Clerk

HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER RESPONSIBLE
FOR TREATY NEGOTIATIONS

BILL 54 -- 2004

MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 2), 2004

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

 
Cremation, Interment and Funeral Services Act

1 Section 82 of the Cremation, Interment and Funeral Services Act, S.B.C. 2004, as that section amends section 220 (1) (g) of the Community Charter, S.B.C. 2003, c. 26, is amended by repealing subparagraph (i) and substituting the following:

(i) premises used for the provision of funeral services within the meaning of that Act, except any part of those premises used for the provision of bereavement rites and ceremonies, .

 
Election Act

2 Section 1 of the Election Act, R.S.B.C. 1996, c. 106, is amended by adding the following definition:

"National Register of Electors information" means information in the Register of Electors under the Canada Elections Act that is provided to the chief electoral officer in accordance with an agreement under section 55 of that Act; .

3 Section 22 (3) is repealed.

4 Section 32 is amended by adding the following subsections:

(5) Temporary residential quarters are considered to be an individual's place of residence only if the individual has no other place that the individual considers to be his or her residence.

(6) For the purposes of this Act, an individual who has no dwelling place may register as a voter on the basis that the individual's place of residence is a shelter, hostel or similar institution that provides food, lodging or other social services.

5 Section 35 (1) is amended

(a) by striking out ", must be signed by the individual applying to be registered", and

(b) by repealing paragraph (f) and substituting the following:

(f) a confirmation that the applicant meets the requirements of section 31 to be registered as a voter.

6 The following section is added:

Registration and updating based on National Register of Electors information

39.1 The chief electoral officer may, on the basis of National Register of Electors information and without any application by the individuals involved,

(a) register as voters those individuals who appear to be qualified to register as voters, and

(b) update current voter registration information.

7 Section 46 is amended

(a) by repealing subsection (2) (e) and substituting the following:

(e) if satisfied that the individual is no longer resident at the address on the voters list and unable to obtain a current address of the place where the individual is a resident within the meaning of section 32. , and

(b) by repealing subsection (3).

8 Section 275 is amended by adding the following subsection:

(3.1) Despite any other provision of this Act or any other Act, information obtained by the chief electoral officer as National Register of Electors information may be used only for purposes permitted by the Canada Elections Act.

 
Emergency Program Act

9 Section 1 (1) of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by repealing paragraph (b) of the definition of "local authority" and substituting the following:

(b) for an electoral area in a regional district, the board of the regional district, or .

10 Section 6 is amended

(a) in subsection (2) by striking out "A local authority" and substituting "Subject to subsection (2.1), a local authority",

(b) by adding the following subsection:

(2.1) For the purposes of subsection (2), a local authority that is the board of a regional district must ensure that it has one local emergency plan that applies, or 2 or more local emergency plans that in the aggregate apply, to all of the electoral areas within the regional district. , and

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

(3) A local authority that is a municipal council or the board of a regional district must establish and maintain an emergency management organization to develop and implement emergency plans and other preparedness, response and recovery measures for emergencies and disasters and, for that purpose,

(a) if the local authority is a municipal council, the municipal council must establish and maintain an emergency management organization with responsibility for the whole of the municipality, and

(b) if the local authority is the board of a regional district, the board of the regional district must establish and maintain

(i) one emergency management organization with responsibility for all of the electoral areas within the regional district, or

(ii) 2 or more emergency management organizations that in the aggregate have responsibility for all of the electoral areas within the regional district.

(3.1) Without limiting subsection (3), a local authority that is a municipal council or the board of a regional district may

(a) appoint committees the local authority considers necessary or desirable to advise and assist the local authority, and

(b) appoint a coordinator for each emergency management organization established by it under subsection (3).

(3.2) The minister may, by order, establish one or both of the following:

(a) if a local authority has not complied with subsections (2) and (2.1), the date by which the local emergency plan or plans required under those subsections must be prepared, with power to establish, for the board of a regional district, different dates for the preparation of local emergency plans for different electoral areas within the regional district;

(b) if a local authority has not complied with subsection (3), the date by which the emergency management organization or organizations required under that subsection must be established, with power to establish, for the board of a regional district, different dates for the establishment of emergency management organizations for different electoral areas within the regional district.

 
Employee Investment Act

11 Section 7 of the Employee Investment Act, R.S.B.C. 1996, c. 112, is amended

(a) in subsection (1) by striking out "less the amount of any tax credit previously allowed with respect to any shares of the corporation disposed of by the employee shareholder within the immediately preceding 2 years",

(b) in subsection (2) by striking out "subsection (3)," and substituting "subsections (2.1) and (3),",

(c) by adding the following subsection:

(2.1) If the administrator has made an order under section 40 (5) (c) in respect of the registered employee share ownership plan and the amount referred to in subsection (1) exceeds $2 000 for the calendar year or the 60 days immediately following that calendar year, the administrator must

(a) issue a tax credit certificate in the amount of $2 000 for the year,

(b) issue tax credit certificates in subsequent years in an amount not exceeding $2 000 per year until the aggregate of the tax credit certificates issued in respect of that year equals the amount referred to in subsection (1) for that year, and

(c) after all tax credit certificates have been issued under paragraphs (a) and (b), issue tax credit certificates in accordance with this section for any amounts referred to in subsection (1) that are received by the corporation in the subsequent years. ,

(d) in subsection (3) by striking out "subsection (2)" and substituting "subsection (2) or (2.1)",

(e) by repealing subsection (3) (d), and

(f) in subsection (3) (g) by adding "except if the administrator has made an order under section 40 (5) (c)," at the beginning of the paragraph.

12 Section 19 (1) and (2) is amended by striking out "$5 million" and substituting "$10 million".

13 Section 23 (2) (d) 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; .

14 Section 24 is amended

(a) in subsection (2) by striking out "subsection (3)," and substituting "subsections (2.1) and (3),",

(b) by adding the following subsection:

(2.1) If the administrator has made an order under section 40 (5) (d) in respect of the registered employee venture capital plan and the amount referred to in subsection (1) exceeds $2 000 for the calendar year or the 60 days immediately following that calendar year, the administrator must

(a) issue a tax credit certificate in the amount of $2 000 for the year,

(b) issue tax credit certificates in subsequent years in an amount not exceeding $2 000 per year until the aggregate of the tax credit certificates issued in respect of that year equals the amount referred to in subsection (1) for that year, and

(c) after all tax credit certificates have been issued under paragraphs (a) and (b), issue tax credit certificates in accordance with this section for any amounts referred to in subsection (1) that are received by the corporation in the subsequent years. ,

(c) in subsection (3) by striking out "subsection (2)" and substituting "subsection (2) or (2.1)", and

(d) in subsection (3) (f) by adding "except if the administrator has made an order under section 40 (5) (d)," at the beginning of paragraph (f).

15 Section 40 (6) (a) is amended by striking out "and $10 000 in aggregate".

 
Employee Investment Amendment Act, 2002

16 Section 11 of the Employee Investment Amendment Act, 2002, S.B.C. 2002, c. 39, is repealed.

 
Gaming Control Act

17 Section 105 (1) of the Gaming Control Act, S.B.C. 2002, c. 14, is amended by adding the following paragraphs:

(j.1) respecting the consultations referred to in section 19 (1) (b) that the lottery corporation must be satisfied have occurred before developing, using, operating, relocating or substantially changing a gaming facility under section 18;

(j.2) respecting the time by which an objection referred to in section 21 (1) must be filed with the lottery corporation; .

 
Health Professions Act

18 Section 19 (1) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in paragraph (w) by striking out "section 39 (1) (f)" and substituting "section 39 (2) (f)", and

(b) in paragraph (w.1) by striking out "section 39" and substituting "section 38".

19 Section 19 (3.1) is amended by striking out "(h),".

 
Income Tax Act

20 Section 13.1 (1) of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended in the definition of "net employee investment tax credit" by striking out "for share purchases made during the taxation year or within 60 days after the end of the taxation year," and substituting "for the taxation year".

21 Section 24 (1), as it read on October 16, 1997, is amended in the definition of "net employee investment tax credit" by striking out "for share purchases made during the taxation year or within 60 days after the end of the taxation year," and substituting "for the taxation year".

 
Land Title Act

22 Item 1 of the Schedule to the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(a) in Column 2 opposite paragraph (a) by striking out "$58.50" and substituting "$63.25", and

(b) in Column 2 opposite paragraph (b) by striking out "$60" and substituting "$64.75".

23 Item 2 of the Schedule is amended

(a) in Column 2 opposite paragraph (a) by striking out "$58.50" and substituting "$63.25", and

(b) in Column 2 opposite paragraph (b) by striking out "$60" and substituting "$64.75".

24 Item 3 of the Schedule is amended in Column 2 opposite paragraph (a) by striking out "$25" and substituting "$27".

25 Item 4 of the Schedule is amended

(a) in Column 2 opposite paragraph (a) by striking out "$20" and substituting "$21.50", and

(b) in Column 2 opposite paragraph (b) by striking out "$20" and substituting "$21.50".

26 Item 5 of the Schedule is amended

(a) in Column 2 opposite paragraph (a) (i) by striking out "$23.50" and substituting "$25.50", and

(b) in Column 2 opposite paragraph (a) (ii) by striking out "$25" and substituting "$27".

 
Local Government Act

27 Section 266.2 (1) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "a municipal bylaw" and substituting "a regional district bylaw".

28 Section 910 is amended

(a) by renumbering subsection (1) as subsection (1.1) and by adding the following subsection:

(1) In this section:

"minister" means the minister charged with the administration of the Environment Management Act;

"Provincial guidelines" means the policies, strategies, objectives, standards, guidelines and environmental management plans, in relation to flood control, flood hazard management and development of land that is subject to flooding, prepared and published by the minister under section 2 of the Environment Management Act. ,

(b) by repealing subsection (2) (a) and substituting the following:

(a) the flood level for the flood plain, and ,

(c) in subsection (2) (b) by striking out everything after "above the flood level",

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

(3) A local government, in adopting bylaws under this section, must consider the Provincial guidelines. , and

(e) by adding the following subsections:

(3.1) A bylaw under subsection (2) may make different provisions in relation to one or more of the following:

(a) different areas of a flood plain;

(b) different zones;

(c) different uses within a zone or an area of a flood plain;

(d) different types of geological or hydrological features;

(e) different standards of works and services;

(f) different siting circumstances;

(g) different types of buildings or other structures and different types of machinery, equipment or goods within them;

(h) different uses within a building or other structure.

(5) A local government may exempt a person from the application of subsection (4), or a bylaw under subsection (2), in relation to a specific parcel of land or a use, building or other structure on the parcel of land, if the local government considers it advisable and

(a) considers that the exemption is consistent with the Provincial guidelines, or

(b) has received a report that the land may be used safely for the use intended, which report is certified by a person who is

(i) a professional engineer or geoscientist and experienced in geotechnical engineering, or

(ii) a person in a class prescribed by the minister under subsection (7).

(6) The granting of an exemption, and the exemption, under subsection (5) may be made subject to the terms and conditions the local government considers necessary or advisable, including, without limitation,

(a) imposing any term or condition contemplated by the Provincial guidelines in relation to an exemption,

(b) requiring that a person submit a report described in subsection (5) (b), and

(c) requiring that a person enter into a covenant under section 219 of the Land Title Act.

(7) The minister may make regulations prescribing a class of persons the minister considers qualified, for the purposes of this section, to certify reports referred to in subsection (5) (b).

29 Section 910 is amended

(a) in subsection (1) in the definition of "minister" by striking out "Environment Management Act;" and substituting "Environmental Management Act;",

(b) in subsection (1) in the definition of "Provincial guidelines" by striking out "section 2 of the Environment Management Act." and substituting "section 5 of the Environmental Management Act.",

(c) in subsection (1) by adding the following definition:

"Provincial regulations" means, in relation to a local government, any applicable regulations enacted under section 138 (3) (e) [general authority to make regulations -- flood hazard management] of the Environmental Management Act. ,

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

(3) A local government, in making bylaws under this section, must

(a) consider the Provincial guidelines, and

(b) comply with the Provincial regulations and a plan or program the local government has developed under those regulations. , and

(e) in subsection (5) by striking out "A local government" and substituting "Subject to the Provincial regulations and a plan or program a local government has developed under those regulations, the local government".

 
Miscellaneous Statutes Amendment Act (No. 2), 1999

30 Section 21 of the Miscellaneous Statutes Amendment Act (No. 2), 1999, S.B.C. 1999, c. 38, is repealed.

 
Motion Picture Act

31 Section 1 of the Motion Picture Act, R.S.B.C. 1996, c. 314, is amended by adding the following definitions:

"motion picture" includes a video game;

"video game" means an object or device that

(a) stores recorded data or instructions,

(b) receives data or instructions generated by a person who uses it, and

(c) by processing the data or instructions, creates an interactive game capable of being played, viewed or experienced on or through a computer, gaming system, console or other technology; .

32 Section 5 (6) (a) and (b) is repealed and the following substituted:

(a) approve the motion picture,

(b) if the motion picture is intended to be exhibited in a theatre, classify the motion picture in accordance with the regulations made under section 14 (2) (c), and

(c) if the motion picture is not intended to be exhibited in a theatre, classify the motion picture in accordance with the regulations made under section 14 (2) (m).

33 Section 12 is amended by adding the following subsections:

(5) For the purpose of an investigation under this section, anyone authorized by or under subsection (1) to enter a theatre or premises may do one or more of the following:

(a) at any time during regular business hours, inspect, copy and seize records that are located in the theatre or on the premises;

(b) require a person referred to in subsection (1) (a) or an employee of that person to produce information, records or other things in the person's possession or control.

(6) A person referred to in subsection (5) (b) must not withhold, destroy, conceal or refuse to provide any information or thing reasonably required for the purposes of an investigation under this section.

(7) If a record is seized under subsection (5) (a), the director must return the record, after a reasonable time, to the person from whom it is seized, unless

(a) the record is required for the administration of this Act or the regulations made under it, or

(b) returning the record would be contrary to the public interest.

34 Section 12.2 is amended by adding the following subsection:

(4) The director, on the director's own motion, may

(a) reconsider the classification of a film by a designated classification authority, and

(b) confirm or change the classification of a film for the purposes of this Act.

 
Municipalities Enabling and Validating Act (No. 3)

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

Validation of Whistler bylaws respecting Nita Lake development

14 (1) In this section:

"municipality" means the Resort Municipality of Whistler;

"Nita Lake development bylaw" means any of the following bylaws of the municipality:

(a) the bylaw cited as the "Zoning Amendment Bylaw (Nita Lake Comprehensive Development Strategy) No. 1650, 2003";

(b) the bylaw cited as the "Official Community Plan Amendment Bylaw (Nita Lake Comprehensive Development Strategy) No. 1626, 2003";

(c) the bylaw cited as the "Housing Agreement Bylaw (Nita Lake Comprehensive Development Strategy) No. 1628, 2003".

(2) In relation to a Nita Lake development bylaw,

(a) the municipality is conclusively deemed to have had the authority to adopt the bylaw at the time it was adopted,

(b) the bylaw is conclusively deemed to have been validly in force from the date of its adoption, and

(c) the municipality is conclusively deemed to have had and to continue to have the authority to carry out the transactions contemplated by the bylaw.

(3) All resolutions, bylaws and actions of the municipality in relation to a Nita Lake development bylaw 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.

(4) This section applies despite the Local Government Act or any other enactment and despite any decision of a court to the contrary made before or after the coming into force of this section.

(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.

Validation of flood plain bylaws

15 (1) A bylaw adopted by a local government under section 910 of the Local Government Act before the date the Miscellaneous Statutes Amendment Act (No. 2), 2004 receives Royal Assent, and actions taken under the bylaw, are confirmed and validated, and the bylaw is conclusively deemed to have been continuously in force from the date of its adoption until the date it is or was repealed by the local government to the extent that it would have been validly adopted under section 910 of the Local Government Act as amended by section 29 of the Miscellaneous Statutes Amendment Act (No. 2), 2004.

(2) An authorization or other permission that was given in relation to a development

(a) by a local government before the date the Miscellaneous Statutes Amendment Act (No. 2), 2004 receives Royal Assent, and

(b) in reliance on an exemption of a type of development, given by the minister under section 910 (6) of the Local Government Act before its repeal by section 19 of the Flood Hazard Statutes Amendment Act, 2003, S.B.C. 2003, c. 72,

is confirmed and validated to the extent that it could be validly given by the local government by or in reliance on a bylaw or exemption under section 910 of the Local Government Act as amended by section 29 of the Miscellaneous Statutes Amendment Act (No. 2), 2004, and an action taken under such an authorization or other permission, is confirmed and validated and conclusively deemed to have been validly taken.

(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 because it makes no specific reference to that matter.

 
Probate Fee Act

36 Section 1 of the Probate Fee Act, S.B.C. 1999, c. 4, is amended by repealing the definition of "value of the estate" and substituting the following:

"value of the estate" means the gross value, as deposed to in a Statement of Assets, Liabilities and Distribution exhibited to the affidavit leading to a grant or to a resealing, as the case may be, of

(a) the real and tangible personal property of the deceased situated in British Columbia, and

(b) if the deceased was ordinarily resident in British Columbia immediately before the date of death, the intangible personal property of the deceased, wherever situated,

that passes to the personal representative at the date of death.

 
Public Safety and Solicitor General Statutes Amendment Act, 2002

37 Sections 46 to 55 of the Public Safety and Solicitor General Statutes Amendment Act, 2002, S.B.C. 2002, c. 52, are repealed.

 
Railway Act

38 Section 1 of the Railway Act, R.S.B.C. 1996, c. 395, is amended by repealing the definitions of "company" and "shareholder" and substituting the following:

"company" means a company within the meaning of the Business Corporations Act that is authorized by this Act or a special Act to construct, own or operate a railway;

"shareholder" means a shareholder within the meaning of the Business Corporations Act; .

39 Section 3 (4) is repealed.

40 Parts 2 and 4 are repealed.

41 Sections 30 (b), (c), (f) to (i) and (o) to (q) and 31 are repealed.

42 Section 63 is amended by striking out "Parts 1 to 7" and substituting "Parts 1, 3 and 5 to 7".

43 Parts 9 to 11 are repealed.

44 Section 199 is repealed.

45 Part 38 is repealed.

46 Part 39 is repealed.

47 Parts 40 and 41 are repealed.

 
School Act

48 Section 131 (5) (c) of the School Act, R.S.B.C. 1996, c. 412, is repealed and the following substituted:

(c) a cemetery, mausoleum or columbarium, .

 
Vancouver Charter

49 Section 319 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following paragraph:

Fighting in public places

(g) for regulating fighting or similar physical confrontations between 2 or more persons in, on or near a street or other public place.

 
Video Games Act

50 The Video Games Act, S.B.C. 2001, c. 22, is repealed.

Transitional -- Emergency Program Act

51 A local authority that is the board of a regional district must

(a) prepare the emergency plan or plans required by section 6 of the Emergency Program Act, as amended by section 10 (a) and (b) of this Act,

(i) within the time or times ordered by the minister under section 6 (3.2) (a) of the Emergency Program Act, as enacted by section 10 (c) of this Act, or

(ii) if no such order is made, before January 1, 2006, and

(b) establish the emergency management organization or organizations required by section 6 (3) of the Emergency Program Act, as re-enacted by section 10 (c) of this Act,

(i) within the time or times ordered by the minister under section 6 (3.2) (b) of the Emergency Program Act, as enacted by section 10 (c) of this Act, or

(ii) if no such order is made, before January 1, 2006.

Transitional -- minister's exemptions under section 910 of the Local Government Act

52 An exemption, in relation to a type of development, that was given by the minister under section 910 (6) of the Local Government Act before section 910 (6) was repealed by section 19 of the Flood Hazard Statutes Amendment Act, 2003, S.B.C. 2003, c. 72, continues in effect, despite that repeal, in a municipality or regional district until the earlier of the following dates:

(a) the date the municipality or regional district adopts or amends a bylaw under section 910 of the Local Government Act in relation to that exemption;

(b) one year after the date this Act receives Royal Assent.

Transitional -- Probate Fee Act

53 (1) In this section, "grant" and "resealing" have the same meaning as in the Probate Fee Act.

(2) No action lies and no proceeding may be commenced or maintained against the government for a refund of, restitution of, or any other remedy in respect of any money paid to the government under the Probate Fee Act for or in respect of a grant or a resealing obtained in a proceeding commenced before January 30, 2004.

(3) Subsection (2) must be applied to and given effect in every action or proceeding, whether commenced before, on or after the date this Act receives Royal Assent.

Transitional -- Railway Act

54 (1) In this section:

"pre-existing company" has the same meaning as in the Business Corporations Act;

"Railway Act company" means a company within the meaning of the Railway Act that held, immediately before the coming into force of section 40 of this Act, a valid certificate of incorporation under the Railway Act.

(2) Sections 436 to 441 and 442.1 of the Business Corporations Act apply to every Railway Act company as though the Railway Act company were a pre-existing company.

Commencement

55 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

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