HONOURABLE MICHAEL DE JONG
ATTORNEY GENERAL

BILL 11 — 2010

MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 2), 2010

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

Part 1 — Aboriginal Relations and
Reconciliation Amendments

First Peoples' Heritage, Language and Culture Act

SECTION 1: [First Peoples' Heritage, Language and Culture Act, Preamble] changes the goal of the Act from preserving and restoring First Nations heritage, language and culture to protecting and revitalizing First Nations heritage, language, culture and arts.

1 Paragraph (a) of the preamble to the First Peoples' Heritage, Language and Culture Act, R.S.B.C. 1996, c. 147, is repealed and the following substituted:

(a) protect, revitalize and enhance First Nations heritage, language, culture and arts, .

SECTION 2: [First Peoples' Heritage, Language and Culture Act, section 1] authorizes the minister to specify First Nations language groups by regulation.

2 Section 1 is amended

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

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

"First Nations language group" means a First Nations language group prescribed by the minister under subsection (2). , and

(c) by adding the following subsection:

(2) After consulting with the board, the minister may make regulations setting out the First Nations language groups from which the members of the committee may be appointed.

SECTION 3: [First Peoples' Heritage, Language and Culture Act, section 2] changes membership in the First Peoples' Advisory Committee from persons nominated by tribal councils and appointed by the minister to members of First Nations language groups who are recommended by the board and appointed by the minister.

3 Section 2 is amended

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

(2) The minister may appoint one representative to the committee from each First Nations language group on the recommendation of the board.

(2.1) For the purposes of subsection (2), a First Nations language group may submit to the board the names of one or more members

(a) whom the First Nations language group considers suitable for appointment to the committee, and

(b) who are willing to accept an appointment to the committee. ,

(b) in subsection (3) by striking out "nominated under subsection (2) and appointed by the minister." and substituting "appointed by the minister under subsection (2).",

(c) by repealing subsection (5) and substituting the following:

(5) A member of the committee may designate another member of the First Nations language group from which he or she was appointed to attend one or more committee meetings in his or her place. , and

(d) in subsection (7) by striking out "and must recommend to the minister the persons to be appointed under section 3 (2) (b)".

SECTION 4: [First Peoples' Heritage, Language and Culture Act, section 3] changes membership on the board of the First Peoples' Heritage, Language and Culture Council from

4 Section 3 is amended

(a) in subsection (2) (a) by striking out "3 voting members" and substituting "2 voting members",

(b) in subsection (2) (b) by striking out "from a list of persons recommended under section 2 (7);" and substituting "on the recommendation of the board;",

(c) in subsection (2) by adding the following paragraph:

(d) a non-voting member appointed by the minister for the purpose of providing the government's perspective to the board. , and

(d) by adding the following subsection:

(11) If the board is unable, or fails, to make recommendations for the purposes of subsection (2) (b), the minister may make appointments to the board in accordance with a process developed by the minister to identify suitable candidates for appointment to the board.

SECTION 5: [First Peoples' Heritage, Language and Culture Act, section 6] expands the purposes of the corporation to include providing other forms of support than financial and clarifies that support of the arts is a purpose of the corporation.

5 Section 6 (1) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) to provide support to any of the following that are associated with First Nations heritage, language, culture or arts:

(i) organizations;

(ii) programs;

(iii) cultural centres; ,

(b) in paragraph (c) by striking out "language and culture;" and substituting "language, culture and arts;", and

(c) in paragraph (d) by striking out "languages and other aspects of cultural development" and substituting "languages, arts and other aspects of cultural development".

SECTION 6: [First Peoples' Heritage, Language and Culture Act, section 9] is consequential to the amendment to section 6 of the Act made by this Bill.

6 Section 9 (1) is amended by striking out "First Nations cultural centres" and substituting "organizations, programs and cultural centres described in section 6 (1) (a)".

Validation Provision

SECTION 7: [Retroactive validation Tsay Keh Dene First Nation] validates the 1995 transfer of land to Canada for the benefit of the Tsay Keh Dene Nation and a free Crown grant of land to a Tsay Keh Dene corporation because the transfers and grant were made while some of the subject land was reserved from disposition by Order in Council 2452/57. Order in Council 49/2010 removes the subject land from the reserve.

Retroactive validation Tsay Keh Dene First Nation

7  (1) Despite Order in Council 2452/57, all transfers or grants of land reserved from disposition by that order in council that would have been valid had Order in Council 49/2010 been in force at the date of the transfer or grant are conclusively deemed to have been validly transferred or granted.

(2) Without limiting subsection (1), the following are declared valid:

(a) the transfer to Canada of District Lot 7126, Cassiar District, by Order in Council 1533/95;

(b) the transfer to Canada of District Lot 7120, Cassiar District, by Order in Council 1533/95;

(c) the Crown grant to Tsay Keh Enterprises Ltd. of District Lot 7119, Cassiar District, by Crown Grant 5558/1326.

(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 only that it makes no specific reference to that matter.

Part 2 — Agriculture and Lands Amendments

Land Act

SECTION 8: [Land Act, section 1] permits the term "fossil" to be defined by regulation of the Lieutenant Governor in Council.

8 Section 1 of the Land Act, R.S.B.C. 1996, c. 245, is amended by adding the following definition:

"fossil" means fossil as defined by regulation of the Lieutenant Governor in Council; .

SECTION 9: [Land Act, section 7.6] is consequential to the addition of regulation making powers to section 110 of the Act by this Bill.

9 Section 7.6 is repealed.

SECTION 10: [Land Act, section 11]

(a) provides that the minister may, under the Act, sell or otherwise dispose of fossils located on Crown land and permit fossils to be removed from Crown land,

(b) clarifies that the minister may set the amount of compensation that must be paid for a disposition of Crown land, and

(c) clarifies that the authority of the minister to set conditions in a disposition of Crown land does not apply to a disposition under section 51 (1) of the Act or a land exchange under section 95 of the Act.

10 Section 11 is amended

(a) in subsection (2) by striking out "or" at the end of paragraph (c), by adding ", or" at the end of paragraph (d) and by adding the following paragraph:

(e) transfer ownership of fossils located on Crown land, grant the right to remove fossils from Crown land, or both, if done in accordance with section 50 (3.1). ,

(b) in subsection (3) by adding the following paragraph:

(c) the consideration that must be paid for a disposition of Crown land. , and

(c) by adding the following subsection:

(4) Subsection (3) does not apply to a disposition under section 51 (1) or an exchange of Crown land under section 95.

SECTION 11: [Land Act, section 50] excludes fossils located on Crown land from a disposition of Crown land unless, under section 50 (3.1), the disposition specifically provides otherwise.

11 Section 50 is amended

(a) in subsection (1) (a) (ii) by adding "fossils," after "geothermal resources,",

(b) in subsection (1) (b) by striking out "or" at the end of subparagraph (iv), by adding "or" at the end of subparagraph (v) and by adding the following subparagraph:

(vi) fossils ,

(c) in subsection (2) by striking out "subsection (3)." and substituting "subsections (3) and (3.1).",

(d) by adding the following subsection:

(3.1) A disposition referred to in section 11 (2) (e) may be made, if express words are used in the disposition. , and

(e) in subsection (5) by striking out "subsection (3)." and substituting "subsection (3) or (3.1)."

SECTION 12: [Land Act, section 110] clarifies that regulations made under the Land Act may set application fees and fees for the provision of services and the performance of duties under that Act and adds ancillary powers for the enactment of these regulations establishing fees.

12 Section 110 (2) is repealed and the following substituted:

(2) Without limiting subsection (1), but subject to section 6 (3), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the rate of interest for the purpose of section 61 (1);

(b) respecting fees for applications required under this Act or for the provision of a service or the performance of a duty by the government under this Act, including, without limitation, the following:

(i) prescribing the amount of a fee or a method for calculating the amount of a fee;

(ii) identifying the person who is required to pay a fee;

(iii) respecting the time a fee must be paid;

(iv) prescribing minimum fees.

(3) Regulations under subsection (2) (b) and the fees established under that subsection may be different

(a) for different applications,

(b) for different services and duties or classes of services and duties,

(c) for different classes of persons, and

(d) for services and duties provided in different circumstances.

(4) Regulations under subsection (2) (b) may exempt, with or without conditions, persons or classes of persons from the payment of one or more fees.

Land Title Act

SECTION 13: [Land Title Act, heading to Division 1 of Part 10.1] is consequential to the repeal of section 168.11 of the Act by this Bill.

13 The heading to Division 1 of Part 10.1 of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:

Division 1 — Interpretation .

SECTION 14: [Land Title Act, section 168.11] repeals the section as a result of section 168.111 of the Act added by this Bill.

14 Section 168.11 is repealed.

SECTION 15: [Land Title Act, section 168.111]

15 The following Division is added to Part 10.1:

Division 1.1 — Establishment of Electronic Forms and Electronic Filing

Powers respecting electronic forms and filing

168.111  (1) The director may

(a) designate the electronic form of one or more applications, instruments, plans, plan applications, returns or other documents or things,

(b) direct that one or more or a class of applications, instruments, plans, plan applications, returns or other documents or things, for which an electronic form is designated under paragraph (a), only be submitted electronically to the land title office in accordance with this Part, and

(c) designate the land title districts to which a designation under paragraph (a) or a direction under paragraph (b) applies.

(2) The director may make a direction under subsection (1) (b) that applies only to a class of persons or in specified circumstances.

(3) A direction under subsection (1) (b) does not apply if a registrar decides that it is appropriate in the circumstances to accept an application, instrument, plan, plan application, return or other document or thing that is not submitted electronically.

(4) A person must comply with a direction of the director under subsection (1) (b) unless, under subsection (3), the direction does not apply to the person.

SECTION 16: [Land Title Act, section 168.91] repeals the section providing for regulation making powers of the Board of Directors.

16 Section 168.91 is repealed.

Ministry of Lands, Parks and Housing Act

SECTION 17: [Ministry of Lands, Parks and Housing Act, section 11] clarifies that the power to make regulations establishing fees includes application fees.

17 Section 11 (2) of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is amended by adding "applying for," after "a person".

Transitional Provision

SECTION 18: [Land Title Act transition] deems that a designation made by the director before section 168.111 of the Land Title Act comes into force is made under that section until the designation is revoked or another designation or direction is made in its place.

Land Title Act transition deemed designation under section 168.111

18  A designation made by the director under Part 10.1 of the Land Title Act before section 168.111 of that Act comes into force is deemed to have been made under that section, until the designation is revoked or another designation or a direction is made in its place.

Part 3 — Attorney General Amendments

Estates of Missing Persons Act

SECTION 19: [Estates of Missing Persons Act, section 12] repeals a provision that was made meaningless by previous amendments to the statute.

19 Section 12 of the Estates of Missing Persons Act, R.S.B.C. 1996, c. 123, is repealed.

Supreme Court Rules Miscellaneous Statutes Amendments

Accountants (Management) Act

SECTIONS 20 TO 98: [Supreme Court Rules Miscellaneous Statutes Amendments — various statutes] harmonizes the language of the referenced Acts with the language of the new Supreme Court Civil Rules and Supreme Court Family Rules that come into force on July 1, 2010.

20 Section 23 (3) of the Accountants (Management) Act, R.S.B.C. 1996, c. 4, is repealed and the following substituted:

(3) An appeal under this section must be commenced by filing a petition in any registry of the Supreme Court, and the Supreme Court Civil Rules relating to petition proceedings apply to the appeal, but Rule 18-3 of those rules does not apply.

Architects Act

21 Section 55 (2) of the Architects Act, R.S.B.C. 1996, c. 17, is amended by striking out "an originating application".

22 Section 56 (1) is repealed and the following substituted:

(1) The Supreme Court Civil Rules apply to an appeal under section 55, but Rule 18-3 of those rules does not apply.

Builders Lien Act

23 Section 23 (4) of the Builders Lien Act, S.B.C. 1997, c. 45, is amended by striking out "interlocutory application in proceedings that have been commenced to enforce a claims of lien, or by an originating application," and substituting "an application in proceedings that have been commenced to enforce a claim of lien, or by petition,".

Building Officials' Association Act

24 Section 15 (3) of the Building Officials' Association Act, S.B.C. 1997, c. 16, is repealed and the following substituted:

(3) The Supreme Court Civil Rules relating to petition proceedings apply to appeals under this section, but Rule 18-3 of those rules does not apply.

Business Practices and Consumer Protection Act

25 Section 173 (1) of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, is repealed and the following substituted:

(1) A person who

(a) brings an action under section 171 [damages recoverable] must serve the director with,

(i) if the action was brought in the Supreme Court, a copy of the notice of civil claim, or

(ii) if the action was brought in the Provincial Court, a copy of the notice of claim, or

(b) brings an action under section 172 [court actions respecting consumer transactions] must serve the director with a copy of the notice of civil claim.

Civil Forfeiture Act

26 Section 15 (1) of the Civil Forfeiture Act, S.B.C. 2005, c. 29, is amended by striking out "under this Act by originating application or action." and substituting "under this Act by

(a) a petition proceeding or, if Rule 17-1 of the Supreme Court Civil Rules applies, a requisition proceeding, or

(b) an action."

27 Section 35 is amended by striking out "or an originating application" and substituting ", a petition proceeding or a requisition proceeding".

Class Proceedings Act

28 Section 2 (3) (a) (i) and (ii) of the Class Proceedings Act, R.S.B.C. 1996, c. 50, is repealed and the following substituted:

(i) the date on which the last response to civil claim was served, and

(ii) the date on which the period prescribed by the Supreme Court Civil Rules for service of the last response to a notice of civil claim expires without that pleading having been served, or .

29 Section 5 (2), (3) and (4) is repealed and the following substituted:

(2) A copy of the notice of application and supporting affidavit must be filed and

(a) served by ordinary service on all persons by whom or on whose behalf a pleading has been filed in the proceeding, and

(b) served by personal service on any other persons named in the style of proceedings.

(3) Unless otherwise ordered, there must be at least 14 days between

(a) the service of a notice of application and supporting affidavit, and

(b) the day named in the notice of application for the hearing.

(4) Unless otherwise ordered, a person to whom a notice of application and affidavit is served under this section must, not less than 5 days or such other period as the court may order before the date of the hearing of the application, file an affidavit and serve a copy of the filed affidavit by ordinary service on all persons by whom or on whose behalf a pleading has been filed in the proceeding.

Commercial Arbitration Act

30 Section 15 (1) of the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, is amended by striking out "or after entering an appearance and before delivery of any pleadings" and substituting "filing a response to civil claim or a response to family claim".

31 Section 42 (1) is amended by striking out "originating application under the rules of court." and substituting "a petition proceeding or, if Rule 17-1 of the Supreme Court Civil Rules applies, a requisition proceeding."

Community Charter

32 Section 274 (2) (c) (i) of the Community Charter, S.B.C. 2003, c. 26, is amended by striking out "time limit for appearance" and substituting "period prescribed by the Supreme Court Civil Rules for filing a response to civil claim".

Cooperative Association Act

33 Section 37 of the Cooperative Association Act, S.B.C. 1999, c. 28, is amended

(a) in subsection (4) by striking out "Rule 49 of the Rules of Court by notice of appeal in Form 59" and substituting "Rule 18-3 of the Supreme Court Civil Rules by notice of appeal in Form 73 or 74, as the case may be,", and

(b) in subsection (4.1) by striking out "with its appearance under Rule 49 (6) of the Rules of Court." and substituting "with its notice of interest under Rule 18-3 (8) of the Supreme Court Civil Rules."

Court Jurisdiction and Proceedings Transfer Act

34 Section 1 of the Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, c. 28, is amended in the definition of "proceeding" by striking out "or originating application" and substituting ", petition proceeding or requisition proceeding".

Court of Appeal Act

35 Section 7 (2) (c) of the Court of Appeal Act, R.S.B.C. 1996, c. 77, is amended by striking out "Rule 50 of the Supreme Court Rules" and substituting "Rule 21-7 of the Supreme Court Civil Rules".

Court Order Enforcement Act

36 Section 3 of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78, is amended by adding the following definitions:

"action" includes a family law case brought by the filing of a notice of family claim and any proceeding brought by the filing of a counterclaim;

"defendant" includes a respondent in a family law case brought by the filing of a notice of family claim and any person against whom a counterclaim is brought in any proceeding;

"plaintiff" includes a claimant in a family law case brought by the filing of a notice of family claim and any person by whom a counterclaim is brought in any proceeding; .

37 Section 47 is amended in the definition of "proceeding" by striking out "or originating application;" and substituting ", petition proceeding or requisition proceeding;".

38 Section 96 (3) is amended by striking out ", of the writ of summons or" and substituting "of the notice of civil claim or notice of family claim, as the case may be, or".

39 Section 98 is amended by striking out "if the motion" and substituting "if the application".

40 Section 105 (4) (a) is amended by striking out "style of cause" and substituting "style of proceeding".

41 Section 1 of Schedule 2 is repealed and the following substituted:

1. The notice of civil claim [or writ of summons, statement of claim or notice of family claim, as the case may be] was filed on ................ [month, day, year], and proof was provided to this court that it was served on the defendant [or respondent, as the case may be] by delivery of a copy of it to the defendant [or respondent, as the case may be] and leaving it with the defendant [or respondent, as the case may be].

Court Rules Act

42 Section 1 of the Court Rules Act, R.S.B.C. 1996, c. 80, is amended

(a) in subsections (3) and (4) by striking out "originating process" and substituting "documents that start a proceeding, documents that add a new party to a proceeding", and

(b) in subsection (6) by striking out "currently governed by the Rules of Court as they stand on June 29, 1990." and substituting "governed by the Rules of Court as they stood on June 30, 2010."

Crime Victim Assistance Act

43 Section 15 (1) of the Crime Victim Assistance Act, S.B.C. 2001, c. 38, is amended by striking out "a copy of the writ of summons must be delivered to the director within 10 days after the date that writ was served" and substituting "a copy of the notice of civil claim must be delivered to the director within 10 days after the date that pleading was served".

Crown Proceeding Act

44 Section 10 (2) of the Crown Proceeding Act, R.S.B.C. 1996, c. 89, is amended by striking out "rules of court" and substituting "Supreme Court Civil Rules".

Engineers and Geoscientists Act

45 Section 35 (3) of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is amended by striking out "the Supreme Court Rules," and substituting "the Supreme Court Civil Rules,".

Estate Administration Act

46 Section 60 (2) (a) and (8) (b) of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended by striking out "style of cause" and substituting "style of proceeding".

Family Compensation Act

47 Section 4 of the Family Compensation Act, R.S.B.C. 1996, c. 126, is amended by striking out "statement of claim" and substituting "notice of civil claim".

Family Relations Act

48 Sections 16 (5) and 122 (1) of the Family Relations Act, R.S.B.C. 1996, c. 128, are amended by striking out "Rules of Court" and substituting "Supreme Court Family Rules".

49 Section 122 (2) (b) is amended by striking out "Supreme Court Rules" and substituting "Supreme Court Family Rules".

Financial Institutions Act

50 Section 241 (3) and (4) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by striking out "rules of court" and substituting "Supreme Court Civil Rules".

Health Act

51 Section 9 (4) of the Health Act, R.S.B.C. 1996, c. 179, is amended by striking out "by means of an originating application commenced by petition," and substituting "by way of a petition proceeding or, if Rule 17-1 of the Supreme Court Civil Rules applies, a requisition proceeding,".

Health Professions Act

52 Section 40 (3) of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

(3) An appeal under this section must be commenced by filing a petition in any registry of the Supreme Court, and the Supreme Court Civil Rules relating to petition proceedings apply to the appeal, but Rule 18-3 of those rules does not apply.

Hotel Room Tax Act

53 Section 19 (1) of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207, is amended by striking out "originating application." and substituting "a petition proceeding."

Income Tax Act

54 Section 92 (3) of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended by striking out "originating application," and substituting "a petition proceeding,".

Independent School Act

55 Section 15 (1) of the Independent School Act, R.S.B.C. 1996, c. 216, is amended by striking out "by originating application," and substituting "by way of a petition proceeding or, if Rule 17-1 of the Supreme Court Civil Rules applies, a requisition proceeding,".

Infants Act

56 Section 48 (1) of the Infants Act, R.S.B.C. 1996, c. 223, is amended by striking out "originating process" and substituting "pleading or petition by which the proceeding was commenced".

Insurance (Vehicle) Act

57 Section 20 (6) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed and the following substituted:

(6) If, in an action brought by a claimant, an uninsured motorist

(a) fails to file a response to civil claim or to appear in person or by counsel at the trial or assessment of damages,

(b) consents to the entry of judgment against him or her, or

(c) does or fails to do anything that entitles the claimant to take default proceedings,

the corporation must not make a payment to the claimant under this section unless notice of the failure, consent or act of default has been given to the corporation in time to enable the corporation to rectify it and the corporation fails to intervene in the action within 30 days after receiving notice of the failure, consent or act of default.

58 Section 22 (1) (a) is amended by striking out "originating process in the action" and substituting "notice of civil claim".

59 Section 77 (4) (a) is amended by striking out "statement of defence" and substituting "response to civil claim".

Interjurisdictional Support Orders Act

60 Section 36 (4) of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, is amended by striking out "Rules of Court" and substituting "Supreme Court Family Rules".

International Commercial Arbitration Act

61 Section 8 (1) of the International Commercial Arbitration Act, R.S.B.C. 1996, c. 233, is repealed and the following substituted:

(1) If a party to an arbitration agreement commences legal proceedings in a court against another party to the agreement in respect of a matter agreed to be submitted to arbitration, a party to the legal proceedings may, before service of any pleadings or taking any other step in the proceedings, apply to that court to stay the proceedings.

Judicial Review Procedure Act

62 Section 2 (1) of the Judicial Review Procedure Act, R.S.B.C. 1996, c. 241, is amended by striking out "is an originating application and must be brought by petition." and substituting "must be brought by way of a petition proceeding."

Land Title Act

63 Section 30 (6) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "enter an appearance" and substituting "file a pleading or other document".

64 Section 215 (1) is amended by striking out "a copy of the originating process, or, in the case of a certificate of pending litigation under Part 5 of the Court Order Enforcement Act, a copy of the notice of motion" and substituting "a copy of the pleading or petition by which the proceeding was commenced, or, in the case of a certificate of pending litigation under Part 5 of the Court Order Enforcement Act, a copy of the notice of application".

65 Sections 252 (2) and 256 (3) are amended

(a) in paragraph (a) by striking out "interlocutory", and

(b) in paragraph (b) by striking out "as an originating application".

66 Sections 256 (2) (a) and 257 (4) (b) are amended by striking out "the originating process or notice of motion" and substituting "the pleading or petition by which the proceeding was commenced or notice of application".

67 Section 289 (3) is amended by striking out "rules of court." and substituting "Supreme Court Civil Rules."

Law and Equity Act

68 Section 20 (2) of the Law and Equity Act, R.S.B.C. 1996, c. 253, is amended by striking out "payable, at the discretion of the court, on a party and party or solicitor and client basis taxed under Appendix B or C, respectively, of the Rules of Court," and substituting "assessed as party and party costs or as special costs under the Supreme Court Civil Rules,".

Legal Profession Act

69 Section 66 (8) (b) of the Legal Profession Act, S.B.C. 1998, c. 9, is amended by striking out "style of cause" and substituting "style of proceeding".

Limitation Act

70 Section 6 of the Limitation Act, R.S.B.C. 1996, c. 266, is amended

(a) in subsections (4) and (5) (b) (i) and (ii) by adding "or claimant" after "plaintiff" wherever it appears,

(b) in subsections (4) and (5) (b) (i) by adding "or respondent" after "defendant", and

(c) in subsection (4) by adding "or claimant's" after "plaintiff's".

Local Government Act

71 Sections 75 (8) and 140 (5) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "the Rules of Court for the Supreme Court" and substituting "the Supreme Court Civil Rules".

Manufactured Home Park Tenancy Act

72 Section 50 (2) of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended by striking out "Supreme Court Rules." and substituting "Supreme Court Civil Rules."

Mineral Tax Act

73 Section 27 (1) of the Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended by striking out "an originating application." and substituting "way of a petition proceeding."

Motor Fuel Tax Act

74 Section 14 (8) (a) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by striking out "Rule 11 (2) of the Rules of Court," and substituting "Rule 4-3 (2) of the Supreme Court Civil Rules,".

Offence Act

75 Form 23 of the Schedule to the Offence Act, R.S.B.C. 1996, c. 338, is amended by striking out "[Style of cause.]" and substituting "[Style of proceeding.]".

Property Law Act

76 Section 14 (1) (b) of the Property Law Act, R.S.B.C. 1996, c. 377, is amended by striking out "rules of court" and substituting "Supreme Court Civil Rules".

77 Section 24 (5) is amended by striking out "by originating application," and substituting "by way of a petition proceeding or, if Rule 17-1 of the Supreme Court Civil Rules applies, a requisition proceeding,".

Residential Tenancy Act

78 Section 57 (2) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by striking out "Supreme Court Rules." and substituting "Supreme Court Civil Rules."

Securities Act

79 Sections 140.8 (4) and 160 (3) and (4) of the Securities Act, R.S.B.C. 1996, c. 418, are amended by striking out "rules of court" and substituting "Supreme Court Civil Rules".

80 Section 179 (4) is amended by striking out "The Supreme Court Rules" and substituting "The Supreme Court Civil Rules".

Social Workers Act

81 Section 35 (3) of the Social Workers Act, S.B.C. 2008, c. 31, is repealed and the following substituted:

(3) An appeal under this section must be commenced by filing a petition in any registry of the Supreme Court, and the Supreme Court Civil Rules respecting petition proceedings apply to the appeal, but Rule 18-3 of those rules does not apply.

Subpoena (Interprovincial) Act

82 Schedule B of the Subpoena (Interprovincial) Act, R.S.B.C. 1996, c. 442, is amended by striking out "(style of cause or proceeding)." and substituting "(style of proceeding)."

Supreme Court Act

83 Section 1 of the Supreme Court Act, R.S.B.C. 1996, c. 443, is amended in the definition of "proceeding" by striking out "or originating application;" and substituting ", petition proceeding or requisition proceeding;".

Transportation Act

84 Section 82 (1) (b) (i) of the Transportation Act, S.B.C. 2004, c. 44, is repealed and the following substituted:

(i) the Supreme Court Civil Rules, or .

Unclaimed Property Act

85 Section 18.2 (3) of the Unclaimed Property Act, S.B.C. 1999, c. 48, is amended by striking out "Rule 58 of the Supreme Court Rules" and substituting "Rule 23-4 of the Supreme Court Civil Rules".

Vancouver Charter

86 Sections 47 (9) and 112 (5) of the Vancouver Charter, S.B.C. 1953, c. 55, are amended by striking out "the Rules of Court for the Supreme Court" and substituting "the Supreme Court Civil Rules".

Veterinarians Act

87 Section 17 (4) (a) of the Veterinarians Act, R.S.B.C. 1996, c. 476, is amended by striking out "the Supreme Court Rules," and substituting "the Supreme Court Civil Rules,".

Wills Variation Act

88 Section 4 (2) of the Wills Variation Act, R.S.B.C. 1996, c. 490, is amended by striking out "Within 10 days after the issue of the writ of summons," and substituting "Within 10 days after the filing of a notice of civil claim,".

Woodworker Lien Act

89 Section 4 (4) of the Woodworker Lien Act, R.S.B.C. 1996, c. 491, is repealed and the following substituted:

(4) There must be attached to or endorsed on the notice of civil claim in the action a copy of the statement of lien filed under section 3, and no other statement of particulars is necessary unless ordered by the court.

90 Section 8 is amended

(a) in subsection (1) by striking out "the statement of claim and defence" and substituting "the notice of civil claim and response to civil claim", and

(b) in subsection (2) by striking out "writ of summons," wherever it appears and substituting "notice of civil claim,".

Schedules to this Act

91 The Acts listed in Column 1 of Schedule 1 are amended by repealing the provisions listed opposite them in Column 2 of Schedule 1 and substituting the following:

(2) The Supreme Court Civil Rules relating to petition proceedings apply to appeals under this section, but Rule 18-3 of those rules does not apply.

92 The Acts listed in Column 1 of Schedule 2 are amended in the provisions listed opposite them in Column 2 of Schedule 2 by striking out "Rule 48 of the Rules of Court" and substituting "Rule 10-3 of the Supreme Court Civil Rules".

93 The Acts listed in Column 1 of Schedule 3 are amended in the provisions listed opposite them in Column 2 of Schedule 3 by striking out "an originating application" and substituting "a petition proceeding".

94 The Acts listed in Column 1 of Schedule 4 are amended in the provisions listed opposite them in Column 2 of Schedule 4 by striking out "writ of summons" and substituting "notice of civil claim".

95 The Acts listed in Column 1 of Schedule 5 are amended in the provisions listed opposite them in Column 2 of Schedule 5 by striking out "statement of claim" and substituting "notice of civil claim".

96 The Acts listed in Column 1 of Schedule 6 are amended in the provisions listed opposite them in Column 2 of Schedule 6 by striking out "notice of motion" wherever it appears and substituting "notice of application".

97 The Acts listed in Column 1 of Schedule 7 are amended in the provisions listed opposite them in Column 2 of Schedule 7 by striking out "Rules of Court" wherever it appears and substituting "Supreme Court Civil Rules".

98 The Acts listed in Column 1 of Schedule 8 are amended in the provisions listed opposite them in Column 2 of Schedule 8 by striking out "Rules of Court" and substituting "applicable Rules of Court".

Confirmation and Repeal Provisions

SECTION 99: [Confirmation of corrections to statutes] confirms a correction of an error arising from the 1996 revision of the Estate Administration Act and confirms corrections made to various statutes in respect of the following types of errors:

Confirmation of corrections to statutes

99  The corrections made by the following regulations, as those regulations have been published in Part 2 of the British Columbia Gazette, of errors in the statutes are confirmed:

(a) B.C. Reg. 17/2010, a correction to the Estate Administration Act;

(b) B.C. Reg. 18/2010, Statutes Correction Regulation, 2009.

SECTION 100: [Statute repeal] repeals the Statute Uniformity Act.

Statute repeal

100  The Statute Uniformity Act, R.S.B.C. 1996, c. 441, is repealed.

Part 4 — Community and Rural Development Amendments

Community Charter

SECTION 101: [Community Charter, section 281] clarifies that regulations may be made under this section despite the Act.

101 Section 281 (1) of the Community Charter, S.B.C. 2003, c. 26, is amended by adding "this or" after "Despite".

Environmental Management Act

SECTION 102: [Environmental Management Act, section 1] adds a definition of "regional district" that includes the Northern Rockies Regional Municipality, continuing the effect of the rules set out in section 2 of the Northern Rockies Regional Municipality Interim Regulation, B.C. Reg. 14/2009.

102 Section 1 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by adding the following definition:

"regional district", except in the definition of "municipality" and in sections 25, 26 and 30, includes the Northern Rockies Regional Municipality; .

SECTION 103: [Environmental Management Act, section 25] adds a reference to the Northern Rockies Regional Municipality in the definition of "regional district", continuing the effect of the rules set out in section 2 of the Northern Rockies Regional Municipality Interim Regulation, B.C. Reg. 14/2009.

103 Section 25 (1) is amended in the definition of "regional district" by striking out "or" at the end of paragraph (a) and by adding the following paragraph:

(a.1) except in section 26, the Northern Rockies Regional Municipality, or .

Greater Vancouver Sewerage and Drainage District Act

SECTION 104: [Greater Vancouver Sewerage and Drainage District Act, section 58.2] makes section 937.001 of the Local Government Act applicable to a bylaw adopted under this section.

104 Section 58.2 (9) of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is repealed and the following substituted:

(9) Sections 937.001 [bylaws adopted after application for building permit submitted] and 943 [bylaws adopted after application for subdivision submitted] of the Local Government Act apply to a by-law under subsection (1) of this section.

SECTION 105: [Greater Vancouver Sewerage and Drainage District Act, section 58.6] provides that money in development cost charge reserve funds may be used to pay a person for sewerage facilities if certain requirements are met.

105 Section 58.6 (2) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) a person subject to a development cost charge for some or all of the capital costs the person incurred in providing, constructing, altering or expanding sewerage facilities that relate to developments within the area of the Corporation if

(i) the sewerage facilities were completed under an agreement between the person and the Corporation, and

(ii) the sewerage facilities are included in the calculations used to determine the amount of that development cost charge.

Hospital District Act

SECTION 106: [Hospital District Act, Division 3 of Part 2] provides for the modified application of the Act to the Northern Rockies Regional Hospital District, continuing the effect of the rules set out in section 3 of the Northern Rockies Regional Municipality Interim Regulation, B.C. Reg. 14/2009.

106 Part 2 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by adding the following Division:

Division 3

Northern Rockies Regional Hospital District

17.1  (1) Section 3 (1) (c) [voting unit] does not apply in relation to the letters patent of the Northern Rockies Regional Hospital District.

(2) Despite section 8 (1) [regional hospital board], the regional hospital district board of the Northern Rockies Regional Hospital District consists of the members of the council of the Northern Rockies Regional Municipality.

(3) Despite section 9 [voting], each director serving on the board of the Northern Rockies Regional Hospital District has one vote.

(4) In applying section 13 (1) [election of chair] to the Northern Rockies Regional Hospital District, that section is to be read without reference to "Where the directors hold office under section 8 (1),".

(5) Despite section 16 (1) [calling of meetings], the following provisions of the Community Charter apply to the calling and conduct of meetings of the board of the Northern Rockies Regional Hospital District:

(a) Division 3 of Part 4 [Open Meetings];

(b) section 116 (2) (c) [mayor presides at council meetings];

(c) section 124 (2) (c) [minutes];

(d) section 125 (1), (3) and (4) [council meetings];

(e) section 126 [calling of special council meetings];

(f) section 128 [electronic meetings and participation by members];

(g) section 132 [authority of presiding member];

(h) section 133 [expulsion from meetings];

(i) section 282 (2) (c) [regulations relating to meeting rules].

(6) In applying section 17 (2) [cost of administering affairs of regional hospital district] to the Northern Rockies Regional Hospital District, that section is to be read as though

(a) the reference to "Local Government Act" were a reference to "Community Charter", and

(b) the reference to "relevant regional district" were a reference to "Northern Rockies Regional Municipality".

Islands Trust Act

SECTION 107: [Islands Trust Act, section 49.2] allows the trust council to designate all or part of an island municipality as an area for which a natural area protection tax exemption may be granted.

107 Section 49.2 (1) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended

(a) by adding "or a municipality" after "local trust area", and

(b) by striking out "section" and substituting "Part".

SECTION 108: [Islands Trust Act, section 54] clarifies that regulations may be made under this section despite the Act.

108 Section 54 (2) is amended by adding "this or" after "Despite".

Local Government Act

SECTION 109: [Local Government Act, section 799] clarifies that regulations may be made under this section despite the Act.

109 Section 799 (1) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding "this or" after "Despite".

SECTION 110: [Local Government Act, section 857]

110 Section 857 is amended

(a) in subsection (4) (b) by striking out "within 120 days" and substituting "within 60 days",

(b) in subsection (7) by striking out "If an affected local government refuses to accept the regional growth strategy, its resolution under subsection (4) (b) (ii) must also indicate" and substituting "In the resolution under subsection (4) (b) (ii), the affected local government must indicate", and

(c) by adding the following subsection:

(7.1) An affected local government is deemed to have accepted any provision of the regional growth strategy to which it does not indicate an objection under subsection (7).

SECTION 111: [Local Government Act, section 858] is consequential to an amendment made to section 857 of the Act made by this Bill.

111 Section 858 (1) is amended by striking out "the 120 days" and substituting "the 60 days".

SECTION 112: [Local Government Act, section 859]

112 Section 859 is amended

(a) in subsection (2) (a) by striking out "specifying a time period within which the parties must begin the resolution process,",

(b) by adding the following subsection:

(2.1) If requiring a non-binding resolution process under subsection (2), the minister

(a) at the time of requiring a non-binding resolution process, must specify a time period within which the parties must begin the resolution process, and

(b) before or after the resolution process has begun, may specify a time period within which the parties must conclude the resolution process. ,

(c) in subsection (6) by striking out "in accordance with section 857." and substituting "in accordance with section 857 but an affected local government may not indicate an objection to a provision it is deemed to have accepted under section 857 (7.1) or subsection (6.1) of this section.", and

(d) by adding the following subsection:

(6.1) An affected local government is deemed to have accepted the provisions of the regional growth strategy that were not changed as a result of a resolution process under subsection (2) (a).

SECTION 113: [Local Government Act, section 867] requires the establishment of an intergovernmental advisory committee if there is a proposed amendment to the regional growth strategy that is not a minor amendment.

113 Section 867 (1) is repealed and the following substituted:

(1) A board

(a) may establish an intergovernmental advisory committee for its regional district,

(b) must establish an intergovernmental advisory committee for its regional district when a regional growth strategy is initiated, and

(c) must establish an intergovernmental advisory committee for its regional district if

(i) there is a proposed amendment to the regional growth strategy, except in relation to an amendment under section 857.1 [minor amendments to regional growth strategies], and

(ii) the committee established under paragraph (a) or (b) of this subsection no longer exists.

SECTION 114: [Local Government Act, section 905.1]

114 Section 905.1 is amended

(a) in subsection (1) by striking out "905.5" and substituting "905.6",

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

"specified subdivision servicing bylaw provision" means a provision of a subdivision servicing bylaw that is specified under subsection (3) of this section for a phased development agreement; ,

(c) in subsection (3) by adding "and a subdivision servicing bylaw" after "a zoning bylaw",

(d) in subsection (4) by adding the following paragraph:

(h) the amount and location of park land to be provided under section 941 [provision of park land] in respect of land being subdivided that is subject to the phased development agreement. ,

(e) by adding the following subsection:

(4.1) If a phased development agreement includes additional terms and conditions under subsection (4) (h), the amount of park land to be provided

(a) may exceed 5% of the land being proposed for subdivision in respect of an individual subdivision application within the land to which the phased development agreement applies, and

(b) must not exceed 5% of the land being proposed for subdivision in respect of all of the land to which the phased development agreement applies. ,

(f) in subsections (5) and (6) by adding "or the specified subdivision servicing bylaw provisions" after "the specified zoning bylaw provisions", and

(g) by adding the following subsection:

(10) In considering an application for subdivision approval under section 85 [time limit for approval and consideration of public interest] of the Land Title Act in respect of land that is subject to a phased development agreement and in determining if the deposit of the subdivision plan is against the public interest under subsection (3) of that section, an approving officer

(a) must take account of the phased development agreement, and

(b) must not consider any of the following:

(i) amendments to or repeals of specified zoning bylaw provisions and specified subdivision servicing bylaw provisions that have not been agreed to by the developer under subsection (5) of this section;

(ii) a resolution passed by a local government that has entered into the phased development agreement about substantially the same subject matter as a specified zoning bylaw provision or a specified subdivision servicing bylaw provision in that agreement that may affect the intent of the specified zoning bylaw provision or specified subdivision servicing bylaw provision.

SECTION 115: [Local Government Act, section 905.4] provides that specified subdivision bylaw provisions may not be dealt with as a minor amendment to a phased development agreement.

115 Section 905.4 (3) is amended by adding the following paragraph:

(a.1) the specified subdivision servicing bylaw provisions; .

SECTION 116: [Local Government Act, section 905.6] requires that notices of phased development agreements are filed at the land title office.

116 The following section is added:

Filing of notice of phased development agreement

905.6  (1) If a phased development agreement is entered into under section 905.1 [phased development agreements], a notice that the land described in the notice is subject to the phased development agreement must be filed with the registrar of land titles in the same manner as a notice of a permit may be filed.

(2) Section 927 [notice of permit on land title] applies to a notice under subsection (1) of this section but there is no requirement to file a notice of a minor amendment described in section 905.4 (2) [amendments to phased development agreement].

SECTION 117: [Local Government Act, section 920.1] is self-explanatory.

117 Section 920.1 (3) (c) is amended by striking out "commercial or industrial".

SECTION 118: [Local Government Act, section 920.2] is self-explanatory.

118 Section 920.2 is amended by striking out "commercial and industrial" in both places.

SECTION 119: [Local Government Act, section 921] is self-explanatory.

119 Section 921 is amended

(a) by striking out "commercial or industrial" wherever it appears,

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

(3) A temporary use permit may do one or more of the following:

(a) allow a use not permitted by a zoning bylaw;

(b) specify conditions under which the temporary use may be carried on;

(c) allow and regulate the construction of buildings or structures in respect of the use for which the permit is issued. , and

(c) in subsection (11) (b) by striking out "2 years" and substituting "3 years".

SECTION 120: [Local Government Act, section 935] provides that money in development cost charge reserve funds may be used to pay a person for projects if certain requirements are met.

120 Section 935 (3) is amended by adding the following paragraph:

(d) to pay a person subject to a development cost charge for some or all of the capital costs the person incurred in completing a project described in paragraph (a), (b) or (b.1) if

(i) the project was completed under an agreement between the person and the local government, and

(ii) the project is included in the calculations used to determine the amount of that development cost charge.

SECTION 121: [Local Government Act, section 937.001] provides that a development cost charge bylaw has no effect for one year if the bylaw is adopted after an application for a building permit has been submitted.

121 The following section is added:

Bylaws adopted after application for building permit submitted

937.001 If after

(a) an application for the issuance of a building permit authorizing the construction, alteration or extension of a building or structure has been submitted to a designated local government officer in a form satisfactory to that designated local government officer, and

(b) the applicable fee has been paid

a local government adopts a bylaw under section 933 [development cost charges generally] that imposes development cost charges that would otherwise be applicable to that construction, alteration or extension of a building or structure, the bylaw has no effect with respect to that construction, alteration or extension of a building or structure for a period of 12 months after the bylaw was adopted unless the applicant agrees in writing that the bylaw should have effect.

SECTION 122: [Local Government Act, section 939] provides that if a phased development agreement exists, no charges for latecomer connections are payable beyond 15 years after services are completed or the end of the phased development agreement, whichever is later.

122 Section 939 is amended

(a) in subsection (9) by striking out "Charges payable" and substituting "Subject to subsection (10), charges payable", and

(b) by adding the following subsection:

(10) If there is a phased development agreement under section 905.1 [phased development agreements] that is directly related to the construction and installation of the excess or extended services, no charges are payable beyond 15 years from the date the service is completed or the end of the phased development agreement, whichever is later.

SECTION 123: [Local Government Act, section 941] is consequential to the enactment of section 905.1 (4) (h) and (4.1) of the Act made by this Bill and adds missing words to make language consistent with other sections.

123 Section 941 is amended

(a) in subsection (1) by striking out "An owner of land" and substituting "Subject to section 905.1 (4) (h) and (4.1), an owner of land", and

(b) in subsection (10) by adding "a notice of" after "in the same manner as".

SECTION 124: [Local Government Act, section 943] is self-explanatory.

124 Section 943 (b) is amended by striking out "approving officer" and substituting "designated municipal officer".

Vancouver Charter

SECTION 125: [Vancouver Charter, section 2] adds a definition of "newspaper".

125 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definition:

"newspaper" means, in relation to a requirement or authorization for publication in a newspaper, a publication or local periodical that contains items of news and advertising; .

SECTION 126: [Vancouver Charter, section 3] sets out the requirements for publishing public notices.

126 Section 3 is repealed and the following substituted:

Requirements for public notice

3  (1) If this section applies, the applicable notice must be published in accordance with this section.

(2) Subject to subsection (4), publication

(a) must be in a newspaper that is distributed at least weekly

(i) in the area affected by the subject matter of the notice, and

(ii) if the area affected is not in the city, also in the city, and

(b) unless otherwise provided, must be once each week for 2 consecutive weeks.

(3) The obligation under subsection (2) may be met by publication of the notice in more than one newspaper, if this is in accordance with that subsection when the publications are considered together.

(4) If publication under subsection (2) is not practicable, the notice may be given in the areas by alternative means as long as the notice

(a) is given within the same time period as required for publication,

(b) is given with the same frequency as required for publication, and

(c) provides notice that the Council considers is reasonably equivalent to that which would be provided by newspaper publication if it were practicable.

(5) As an exception, subsection (4) (b) does not apply in relation to an area if the alternative means is by individual distribution to the persons resident in the area.

(6) If the same matter is subject to 2 or more requirements for publication in accordance with this section, the notices may be combined so long as the requirements of all applicable provisions are met.

(7) The Council may provide any additional notice respecting a matter that it considers appropriate, including by the Internet or other electronic means.

SECTION 127: [Vancouver Charter, section 193D] is consequential to the amendment made to section 3 of the Act by this Bill.

127 Section 193D (4) (a) is amended by striking out "in at least 2 issues of a newspaper circulating in the city" and substituting "in accordance with section 3".

SECTION 128: [Vancouver Charter, section 303] allows the Council to make by-laws regarding solid waste that vary in relation to different classes or areas specified by the Council.

128 Section 303 (l) and (m) is repealed and the following substituted:

Regulation of solid waste services

(l) by by-law, regulating persons engaged in the business of removing, collecting, transferring, recycling and disposing of solid waste, which by-law may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of solid waste services;

Regulation of direct disposal

(m) by by-law, regulating the means of disposal used by persons who dispose of their own solid waste, which by-law may vary in relation to one or more of the following as established by the Council:

(i) different classes of waste;

(ii) different classes of persons;

(iii) different classes of property;

(iv) different areas of the city;

(v) different classes of solid waste services.

SECTION 129: [Vancouver Charter, section374.4] is consequential to the amendment made to section 3 of the Act by this Bill.

129 Section 374.4 (4) (c) is amended by striking out "in 2 consecutive issues of a newspaper" and substituting "in accordance with section 3".

SECTION 130: [Vancouver Charter, section 396A] is consequential to the amendment made to section 3 of the Act by this Bill.

130 Section 396A (4) (a) is amended by striking out "in at least 2 issues of a newspaper circulating in the city" and substituting "in accordance with section 3".

SECTION 131: [Vancouver Charter, section 396C] is consequential to the amendment made to section 3 of the Act by this Bill.

131 Section 396C (5) (a) is amended by striking out "in at least 2 issues of a newspaper circulating in the city" and substituting "in accordance with section 3".

SECTION 132: [Vancouver Charter, section 396E] is consequential to the amendment made to section 3 of the Act by this Bill.

132 Section 396E (7) (a) is amended by striking out "in a newspaper once each week for 2 consecutive weeks" and substituting "in accordance with section 3".

SECTION 133: [Vancouver Charter, section 424] is consequential to the amendment made to section 3 of the Act by this Bill.

133 Section 424 is amended by striking out "advertised in three issues of a daily newspaper published in the city" and substituting "published in accordance with section 3".

SECTION 134: [Vancouver Charter, section 523D] is consequential to the enactment of section 8.2 of the Act by this Bill, separates subsections and provides that a development cost levy bylaw has no effect for one year if the bylaw is adopted after an application for a building permit has been submitted.

134 Section 523D is amended

(a) in subsection (7) by striking out "The Council may," and substituting "Subject to subsection (8.2), the Council may,",

(b) in subsection (8) by striking out "Subject to subsection (9)," and substituting "Subject to subsections (8.2) and (9)," and by striking out "For the purposes of this subsection, the Council may define what constitutes development or redevelopment of property, and may provide that, where a development takes place in stages, each stage shall be deemed to be part of the development.", and

(c) by adding the following subsections:

(8.1) For the purposes of subsection (8), the Council may define what constitutes development or redevelopment of property, and may provide that, where a development takes place in stages, each stage shall be deemed to be part of the development.

(8.2) If after

(a) an application for the issuance of a building permit authorizing the construction, alteration or extension of a building has been submitted to the designated official of the city in a form satisfactory to that designated official of the city, and

(b) the applicable fee has been paid

the Council adopts a by-law that imposes a development cost levy that would otherwise be applicable to that construction, alteration or extension of a building, the by-law has no effect with respect to that construction, alteration or extension of a building for a period of 12 months after the bylaw was adopted unless the applicant agrees in writing that the bylaw should have effect.

SECTION 135: [Vancouver Charter, section 523D] provides that money in development cost levy reserve funds may be used to pay a person for projects if certain requirements are met.

135 Section 523D is amended

(a) by repealing subsection (17) and substituting the following:

(17) Money in development cost levy reserve funds, together with interest, shall be used only

(a) except for money raised for the purposes set forth in subsection (2.1), to pay the costs of capital projects that relate directly or indirectly to the development or parcel in respect of which the levy was collected, or

(b) to pay a person subject to a development cost levy for some or all of the capital costs the person incurred in completing a capital project, other than Replacement Housing, if

(i) the capital project was completed under an agreement between the person and the Council, and

(ii) the capital project is included in the calculations used to determine the amount of that development cost levy.

(17.01) Payments out of a development costs levy reserve fund shall be authorized by a resolution of Council, and one resolution may authorize a series of payments in respect of any capital project. , and

(b) in subsection (17.1) by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) to pay a person subject to a development cost levy for some or all of the capital costs the person incurred in completing a capital project described in paragraph (a) or (b) if

(i) the capital project was completed under an agreement between the person and the Council, and

(ii) the capital project is included in the calculations used to determine the amount of that development cost levy.

SECTION 136: [Vancouver Charter, section 566] is consequential to the amendment made to section 3 of the Act by this Bill.

136 Section 566 (3) is amended by striking out "in at least 2 consecutive issues of a daily newspaper circulating in the city" and substituting "in accordance with section 3".

SECTION 137: [Vancouver Charter, section 595A] is consequential to the amendment made to section 3 of the Act by this Bill.

137 Section 595A (4) is amended by striking out "in at least 2 consecutive issues of a daily newspaper published or circulating in the city" and substituting "in accordance with section 3".

SECTION 138: [Vancouver Charter, section 599] is consequential to the amendment made to section 3 of the Act by this Bill.

138 Section 599 (4) is repealed and the following substituted:

(4) If a notice cannot be served personally on an owner or occupier and the person's actual or last known address cannot be determined after reasonable steps for the purpose have been taken, the notice may be given in accordance with section 3.

Vancouver Enabling Act, 1968

SECTION 139: [Vancouver Enabling Act, 1968, section 6A] removes the requirement under the Act that an amendment to an agreement, an amendment or partial surrender of a lease and the granting of an easement be in the form approved by the Lieutenant Governor in Council.

139 Section 6A (1) and (2) of the Vancouver Enabling Act, 1968, S.B.C. 1968, c. 72, is amended by striking out "in the forms approved by the Lieutenant-Governor in Council,".

Transitional Provision

SECTION 140: [Local Government Act transition] provides that a 120 day acceptance period for regional growth strategies continues to apply to a proposed regional growth strategy submitted for acceptance before the section in the Bill reducing the acceptance period comes into force.

Local Government Act transition

140  Sections 857 (4) (b) and 858 (1) of the Local Government Act, as amended by this Act, do not apply to an affected local government if a board has submitted a proposed regional growth strategy to the affected local government under section 857 (3) before the amendments by this Act to sections 857 (4) (b) and 858 (1) come into force.

Part 5 — Health Services Amendments

Adult Guardianship and Planning Statutes Amendment Act, 2007

SECTION 141: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 4] clarifies that a child, parent or spouse may be appointed as a guardian for an adult who is receiving personal care or health care services.

141 Section 4 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, as it enacts section 10 (2) (b) of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is repealed and the following substituted:

(b) a person, other than a child, parent or spouse of the adult, who provides personal care or health care services to the adult for compensation.

SECTION 142: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 38] clarifies that a child, parent or spouse may be named as an attorney for an adult who is receiving personal care or health care services.

<

142 Section 38, as it enacts section 18 (2) of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is repealed and the following substituted:

(2) Despite subsection (1) (a), an individual described in subsection (1) (a) (i) or (ii) who is a child, parent or spouse of the adult may be named as an attorney.

SECTION 143: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 40] removes a definition, consequential to the amendment made by this Bill to section 44 of the Adult Guardianship and Planning Statutes Amendment Act, 2007.

143 Section 40 (a), as it amends section 1 of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is repealed and the following substituted:

(a) by repealing the definitions of "near relative" and "representation agreement" and substituting the following:

"representation agreement" means an agreement made under section 7 or 9; , and .

SECTION 144: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 44] clarifies that a child, parent or spouse may be named as a representative for an adult who is receiving personal care or health care services.

144 Section 44 (b), as it enacts section 5 (1.1) of the Representation Agreement Act, is repealed and the following substituted:

(b) by adding the following subsection:

(1.1) Despite subsection (1) (a), an individual described in subsection (1) (a) (i) or (ii) who is a child, parent or spouse of the adult may be named as a representative. , and .

SECTION 145: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 80] is consequential to the enactment of advance directives by the Adult Guardianship and Planning Statutes Amendment Act, 2007.

145 Section 80 is repealed and the following substituted:

Emergency and Health Services Act

80 The Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is amended by adding the following section:

No service contrary to advance directive

11.1  An emergency medical assistant must not provide a service under this Act in respect of a person if the emergency medical assistant has reasonable grounds to believe that the person has made an advance directive, as defined in the Health Care (Consent) and Care Facility (Admission) Act, that refuses consent to the service.

Community Care and Assisted Living Act

SECTION 146: [Community Care and Assisted Living Act, section 18] removes an incorrect reference and provides for consistency with amendments made by this Bill to the Hospital Act.

146 Section 18 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended

(a) in subsection (3) (a) by striking out "or a resident",

(b) in subsection (3) (c) by adding "or formerly in care" after "person in care",

(c) in subsection (3) (e) by striking out ", unless the licensee is a child, parent or spouse of the person in care or formerly in care",

(d) by repealing subsection (5) and substituting the following:

(5) If a licensee acts as an attorney contrary to subsection (3) (c) or a representative contrary to subsection (3) (e), the power of attorney or representation agreement, and any disposition made under the power of attorney or representation agreement, is void unless

(a) the licensee is a child, parent or spouse of the person in care or formerly in care, or

(b) the Public Guardian and Trustee consents in writing to the power of attorney, the representation agreement or the disposition. , and

(e) by adding the following subsection:

(6) For the purposes of subsection (4) (a), a benefit conferred by a will, an alteration of a will, a gift, a provision of a benefit or another measure described in subsection (3) (a) (i) to (iv), is deemed to be conferred at the time the will, alteration, gift or provision is made or the other measure is taken.

SECTION 147: [Community Care and Assisted Living Act, section 18] provides for consistency with the Power of Attorney Act.

147 Section 18 (5) is amended by striking out "or" at the end of paragraph (a) and by repealing paragraph (b).

Emergency and Health Services Act

SECTION 148: [Emergency and Health Services Act, section 14]

148 Section 14 of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is amended

(a) by repealing subsection (2) (a),

(b) by adding the following subsection:

(2.1) Without limiting subsections (1) and (2), the minister may make regulations as follows:

(a) respecting the qualifications, examination, training, registration and licensing of emergency medical assistants;

(b) respecting the continuing competence of emergency medical assistants, and providing for the assessment, by persons designated by the minister or the board, of the professional performance of emergency medical assistants;

(c) prescribing titles that may be used by emergency medical assistants, and providing for limits or conditions on the use of prescribed titles by emergency medical assistants;

(d) prescribing services that may be provided by emergency medical assistants, and providing for limits or conditions on the provision of those services;

(e) respecting standards, guidelines or protocols for, and audits of, the provision of services by emergency medical assistants. ,

(c) in subsection (3) by striking out "subsection (1) and (2)" and substituting "subsections (1), (2) and (2.1)", and

(d) by adding the following subsection:

(3.1) A regulation under subsection (2.1) (e) may confer a discretion on the following:

(a) the commission;

(b) a regional health board designated under the Health Authorities Act;

(c) the Provincial Health Services Authority.

Health Authorities Act

SECTION 149: [Health Authorities Act, section 7.2] authorizes the minister to order health authority boards to report on matters if reasonably needed for a stewardship purpose under the Ministry of Health Act.

149 The Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by adding the following section:

Reporting requirements

7.2  (1) In this section, "personal information" and "stewardship purpose" have the same meaning as in the Ministry of Health Act.

(2) Without limiting section 7.1, if the minister is satisfied that it is reasonably needed to fulfill a stewardship purpose the minister may by order require a board to

(a) report on any matter relevant to the stewardship purpose, and

(b) disclose personal information within a report made under paragraph (a).

(3) A board must comply with an order made under subsection (2) in the manner and form, and within the time, set out in the order.

(4) The minister must make an order made under this section publicly available by posting the order on a website maintained by or on behalf of the ministry of the minister.

Health Planning Statutes Amendment Act, 2002

SECTION 150: [Health Planning Statutes Amendment Act, 2002, section 6] is consequential to the amendments made to the Emergency and Health Services Act by this Bill.

150 Section 6 of the Health Planning Statutes Amendment Act, 2002, S.B.C. 2002, c. 15, is repealed and the following substituted:

6 Section 14 is amended

(a) by repealing subsections (2) (b), (2.1), (3) and (3.1), and

(b) in subsection (2) (c) by striking out "rendered, or a licence issued," and substituting "rendered".

SECTION 151: [Health Planning Statutes Amendment Act, 2002, section 26] updates the title of the Act to Emergency and Health Services Act.

151 Section 26 is amended by striking out "Health Emergency Act" wherever it appears and substituting "Emergency and Health Services Act".

Health Professions Act

SECTION 152: [Health Professions Act, section 19] adds a reference to professional liability protection and updates a cross-reference.

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

(a) in paragraph (o) by adding "protection or" before "insurance", and

(b) in paragraph (y.2) (ii) by striking out "39 (2) to (8)" and substituting "39 (2) to (10)".

SECTION 153: [Health Professions Act, section 25.1] for Part 2.1 of the Act,

153 Section 25.1 is amended

(a) by repealing the definition of "board" and substituting the following:

"board" means the board for the college; ,

(b) by adding the following definition:

"executive committee" means the executive committee of the board appointed under section 17.2; , and

(c) in the definition of "registrant" by striking out "granted registration" and substituting "currently registered".

SECTION 154: [Health Professions Act, section 25.2] deletes a reference to the executive committee, consequential to the amendment of the definition of "board" for Part 2.1 of the Act made by this Bill.

154 Section 25.2 (1) is amended by striking out "or executive committee".

SECTION 155: [Health Professions Act, section 32] allows a disposition to take effect immediately upon delivery of a report to the inquiry committee.

155 Section 32 (5) is amended by striking out "and takes effect 30 days after the delivery of the written report described under subsection (4) unless, within that 30 day period," and substituting "unless".

SECTION 156: [Health Professions Act, section 39]

156 Section 39 is amended

(a) in subsection (3) (c) by adding "within 30 days after the date the order is made," after "if any,", and

(b) in subsection (9) by striking out "within 30 days after it is made".

SECTION 157: [Health Professions Act, section 40] clarifies that the time period within which a person must file an appeal begins to run on the date that the decision is delivered to the person who has the right to appeal.

157 Section 40 (2) is repealed and the following substituted:

(2) An appeal under this section must be commenced within 30 days after the date on which the order described in subsection (1), or the written notice described in section 20 (7), as the case may be, is delivered to the person who has the right to appeal under this section.

SECTION 158: [Health Professions Act, section 49] substitutes a reference to professional liability and insurance coverage for the current reference to insurance only, consistent with an amendment to section 19 (1) (o) of the Act made by this Bill.

158 Section 49 (3) (e) is amended by striking out "insurance" and substituting "professional liability protection or insurance coverage" and by striking out "for the purpose of providing indemnity against professional liability claims".

SECTION 159: [Health Professions Act, section 52.2] clarifies that the definitions in section 52.2 of the Act also apply to section 52.3.

159 Section 52.2 (1) is amended by striking out "section 52.4" and substituting "sections 52.3 and 52.4".

SECTION 160: [Health Professions Act, section 55] clarifies that the minister may make regulations respecting any other matter for which minister's regulations are contemplated under the Act and authorizes the minister to make different regulations respecting health human resources information for different colleges.

160 Section 55 is amended

(a) in subsection (2) by adding the following paragraph:

(t) respecting any other matter for which regulations of the minister are contemplated by this Act. , and

(b) in subsection (5) by striking out "(2) (l)" and substituting "(2) (l), (n) or (o)".

Health Professions Amendment Act, 2003

SECTION 161: [Health Professions Amendment Act, 2003, section 34] authorizes the minister, by regulation, to override the exception, for specified designated health professions, from the prohibition against performing restricted activities.

161 Section 34 of the Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57, as it enacts section 50.4 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by adding the following subsection:

(1.1) The minister may, by regulation, specify that the exception described in subsection (1) (b) does not apply in respect of a designated health profession.

Hospital Act

SECTION 162: [Hospital Act, section 4.1] prohibits employees of extended care facilities and private hospitals from engaging in certain activities that would be a conflict of interest.

162 The Hospital Act, R.S.B.C. 1996, c. 200, is amended by adding the following section to Part 1:

Conflicts of interest prohibited

4.1  (1) In this section:

"employee" includes a licensee, an employee, contractor and volunteer of an extended care facility or a private hospital;

"extended care facility" means a hospital described in paragraph (c) of the definition of "hospital" in section 1;

"patient" means a patient of an extended care facility or a private hospital;

"personal representative" includes the following:

(a) a committee under the Patients Property Act;

(b) an attorney under the Power of Attorney Act;

(c) a representative under the Representation Agreement Act;

(d) an executor under the Wills Act;

(e) a trustee of an estate or part of an estate under administration;

"private hospital" means a hospital licensed under Part 2.

(2) An employee must not do any of the following:

(a) persuade or induce, or attempt to persuade or induce, a patient to

(i) make or change the patient's will,

(ii) make a gift,

(iii) provide a benefit for an employee or the employee's spouse, relative or friend, or

(iv) conduct the financial affairs of the patient for the benefit of an employee or the employee's spouse, relative or friend;

(b) require that a person seeking admission to an extended care facility or a private hospital, as a condition of admission, make any payment or donation other than as specified in a written contract;

(c) act as a personal representative for a patient or former patient, unless the employee is a child, parent or spouse of the patient or former patient.

(3) A provision of a will, a change to a will, a gift, a provision of a benefit or another measure described in subsection (2) (a) (i) to (iv) is void if

(a) it confers a benefit on an employee or the employee's spouse, relative or friend, and

(b) the Public Guardian and Trustee has not given written consent to it.

(4) If an employee acts as an attorney or a representative contrary to subsection (2) (c), the power of attorney or representation agreement, and any disposition made under the power of attorney or representation agreement, is void unless

(a) the employee is a child, parent or spouse of the patient or former patient, or

(b) the Public Guardian and Trustee consents in writing to the power of attorney, the representation agreement or the disposition.

(5) For the purposes of subsection (3) (a), a benefit conferred by a will, a change to a will, a gift, a provision of a benefit or another measure described in subsection (2) (a) (i) to (iv), is deemed to be conferred at the time the will, change, gift or provision is made or the other measure is taken.

SECTION 163: [Hospital Act, section 4.1] amends the definition of "personal representative" consequential to amendments to be made by the Adult Guardianship and Planning Statutes Amendment Act, 2007 and the Wills, Estates and Succession Act.

163 Section 4.1 (1) is amended in the definition of "personal representative"

(a) by repealing paragraph (a) and substituting the following:

(a) a guardian under the Adult Guardianship Act,

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

(b) an attorney under Part 1 or 2 of the Power of Attorney Act, and

(c) by repealing paragraph (d) and substituting the following:

(d) an executor under the Wills, Estates and Succession Act.

SECTION 164: [Hospital Act, section 4.1] provides for consistency with the Power of Attorney Act.

164 Section 4.1 (4) is amended by striking out "or" at the end of paragraph (a) and by repealing paragraph (b).

Ministry of Health Act

SECTION 165: [Ministry of Health Act, Part 1 heading] adds a heading consequential to the enactment of Part 2 of the Act by this Bill.

165 The Ministry of Health Act, R.S.B.C. 1996, c. 301, is amended by adding the following heading before section 1:

Part 1 — General .

SECTION 166: [Ministry of Health Act, sections 9 to 12]

166 The following Part is added:

Part 2 — Collection, Use and Disclosure of Personal Information

Definitions

9  In this Part:

"health care body" has the same meaning as in the Freedom of Information and Protection of Privacy Act;

"health enactment" means

(a) an enactment for which the minister is responsible, or

(b) a prescribed enactment that deals with a matter relating to health;

"personal information" means recorded information about an identifiable individual;

"public body" has the same meaning as in the Freedom of Information and Protection of Privacy Act;

"stewardship purpose" means any of the following purposes:

(a) to develop, operate, monitor or evaluate a program or activity authorized under a health enactment;

(b) to exercise powers or perform duties of the minister under an enactment;

(c) to engage in health systems planning, maintenance or improvement;

(d) to conduct or facilitate research into health issues;

(e) to monitor or evaluate a health care body;

(f) a prescribed purpose.

Collection, use and disclosure of personal information

10  (1) Subject to subsection (4), if the minister is satisfied that the collection, use or disclosure of personal information is reasonably needed to fulfill a stewardship purpose, the minister may

(a) collect personal information from a public body,

(b) use personal information, and

(c) disclose personal information to a public body.

(2) A public body that receives a request for personal information under this section must, if the public body has custody or control of the personal information, provide the personal information in the manner and form requested, and within the time requested.

(3) Nothing in this section limits the authority of a person to collect, use or disclose personal information as authorized under any enactment.

(4) The minister may not collect, use or disclose personal information under this section

(a) through a health information bank established or designated under the E-Health (Personal Health Information Access and Protection of Privacy) Act in a manner that would be inconsistent with

(i) a designation order made under that Act, or

(ii) the policies and procedures established under section 13 (2) of that Act by the data stewardship committee, or

(b) in a manner that would be inconsistent with provisions respecting the collection, use or disclosure of personal information in a prescribed enactment.

Information-sharing agreements

11  Without limiting section 3, if the minister is satisfied that the collection, use or disclosure of personal information is reasonably needed to fulfill a stewardship purpose, the minister may enter into an information-sharing agreement with any person.

Regulations respecting collection, use and disclosure of personal information

12  The Lieutenant Governor in Council may make regulations as follows:

(a) for the purposes of section 9,

(i) prescribing enactments, by name or by class,

(ii) prescribing further stewardship purposes, and

(iii) defining a term used in the definition of "stewardship purposes";

(b) prescribing enactments for the purposes of section 10 (4) (b).

Public Health Act

SECTION 167: [Public Health Act, section 9] authorizes further collection, use and disclosure of personal information for a stewardship purpose under the Ministry of Health Act.

167 Section 9 of the Public Health Act, S.B.C. 2008, c. 28, is amended by renumbering the section as section 9 (1) and by adding the following subsection:

(2) Information collected, used or disclosed under this Division may be further collected, used or disclosed for a stewardship purpose within the meaning of, and in accordance with, the Ministry of Health Act.

Transitional and Repeal Provisions

SECTION 168: [Hospital Act transition] provides that section 4.1 (2) (c) and (5) of the Act does not apply for 3 months to powers of attorney or representation agreements existing on the date that section comes into force, except to any change made to a power of attorney or a representation agreement within the 3 month period.

Hospital Act transition

168  (1) In this section, "employee" has the same meaning as in section 4.1 of the Hospital Act as enacted by this Act.

(2) If, on the date section 162 of this Act comes into force, an employee is named as a patient's or former patient's

(a) attorney under a power of attorney made under the Power of Attorney Act, or

(b) representative under a representation agreement made under the Representation Agreement Act,

section 4.1 (2) (c) and (5) of the Hospital Act as enacted by this Act does not apply to the exercise of powers or the performance of duties by the employee under the power of attorney or representation agreement for 3 months following the date section 162 of this Act comes into force.

(3) If, within the period beginning on the date section 162 of this Act comes into force and ending 3 months after that date, a power of attorney or representation agreement to which subsection (2) of this section applies is changed, section 4.1 (2) (c) and (5) of the Hospital Act as enacted by this Act applies to the change.

SECTION 169: [Repeals] provides for the repeal of section 80 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 and of section 11.1 of the Emergency and Health Services Act for consistency with amendments made by the Health Planning Statutes Amendment Act, 2002.

Repeals

169  The Lieutenant Governor in Council may by regulation repeal the following:

(a) section 80 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34;

(b) section 11.1 of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182.

SECTION 170: [Repeal — Hospital Act conflict of interest provisions] provides for the repeal of provisions that will not be needed when extended care facilities and private hospitals are regulated under the Community Care and Assisted Living Act rather than the Hospital Act.

Repeal — Hospital Act conflict of interest provisions

170  The Lieutenant Governor in Council may by regulation repeal the following:

(a) section 162 of this Act;

(b) section 163 of this Act;

(c) section 164 of this Act;

(d) section 4.1 of the Hospital Act, as enacted by this Act.

Part 6 — Transportation and Infrastructure Amendments

Motor Vehicle Act

SECTION 171: [Motor Vehicle Act, section 118.96] allows the Director of Commercial Vehicle Safety to cancel an inspection authorization or designation based on information and profiles compiled under section 216.

171 Section 118.96 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(a) by repealing subsection (1) and substituting the following:

(1) If, on the basis of information or profiles referred to in section 216 or on other grounds, the director considers it desirable in order to ensure road safety, the director may, on written notice, cancel an authorization or designation granted to a person under section 217 (1) (a) or (b) respecting inspections of vehicles. , and

(b) in subsection (2) by striking out "considers it desirable to ensure" and substituting "considers it desirable in order to ensure".

SECTION 172: [Motor Vehicle Act, section 210] allows regulations to be made permitting the Director of Commercial Vehicle Safety to share information and profiles compiled under section 216 with other governments or agencies for the purposes of road safety.

172 Section 210 (3) (t) is amended by adding "or 216" after "section 212".

SECTION 173: [Motor Vehicle Act, section 212] corrects a regulation-making power.

173 Section 212 (4) (f) (i) is repealed and the following substituted:

(i) to keep prescribed records, including but not limited to safety records and records respecting the use, condition and maintenance of those motor vehicles while they are inside or outside British Columbia, and .

SECTION 174: [Motor Vehicle Act, section 216] expands and refines the framework for vehicle inspections.

174 Section 216 is amended

(a) in subsection (1) by repealing paragraph (b),

(b) in subsection (1) (c) by striking out "operators of facilities that are designated under that section" and substituting "persons who are designated under that section",

(c) in subsection (1) by repealing paragraph (c.1),

(d) in subsection (1) (e) (i) by striking out "authorizations, designations and exemptions under section 217" and substituting "authorizations and designations under section 217 and exemptions under this section",

(e) by repealing subsection (1) (e) (ii) and substituting the following:

(ii) charges payable, by persons required to present vehicles for inspection, to persons other than the government who are designated under section 217 (1); ,

(f) in subsection (1) by adding the following paragraphs:

(i) for the purpose of assisting the director to carry out the director's duties and exercise the director's powers under this section, requiring persons authorized or designated under section 217 (1)

(i) to keep prescribed records in the prescribed manner, during the prescribed time period and at a location set out in the regulation or that is otherwise specified by the director, and

(ii) to produce or deliver those records to the director on demand and in the manner and time and to the location specified by the director;

(j) empowering the director in circumstances or for purposes set out in the regulation to

(i) exempt unconditionally or on conditions the director considers desirable, a vehicle or a person authorized or designated under section 217 (1), from a requirement of this Act or the regulations respecting the inspection of vehicles, and

(ii) substitute, if the director considers it desirable, other requirements in a case in which the director grants an exemption under subparagraph (i);

(k) listing what must be submitted to the director on an application for an authorization or designation under section 217 (1);

(l) setting out training, qualification, testing and other requirements that must be met by

(i) a person before the person is eligible to be authorized by the director to inspect vehicles under section 217 (1) (a),

(ii) a person who is authorized to inspect vehicles under section 217 (1) (a),

(iii) a person before the director may designate the person under section 217 (1) (b), and

(iv) a person who is designated to operate a designated facility under section 217 (1) (b);

(m) setting out reasons for which the director may refuse to authorize or designate a person;

(n) setting out circumstances or grounds for the purposes of subsection (6) (a). , and

(g) by adding the following subsections:

(1.1) A regulation under subsection (1) (l) or (m) may delegate a matter to, or confer a discretion on, the director.

(3) The minister may enter into agreements and arrangements with other governments in or outside Canada on matters respecting vehicle inspection and persons authorized or designated under section 217 (1), including agreements and arrangements providing for cooperation with respect to any matter under this section, and providing for mutual reliance and the sharing of profiles and information, for the purposes of

(a) refusing to authorize or designate a person under section 217 (1),

(b) cancelling or suspending an authorization or designation referred to in paragraph (a),

(c) imposing conditions on an authorization or designation, or

(d) assisting another government to do a thing that is comparable to one or more of those listed in paragraphs (a) to (c).

(4) The director may

(a) monitor the inspection activities and history of persons authorized or designated under section 217 (1), including orders, notices and warnings given by the director, peace officers, the superintendent and other officials who have duties respecting road safety, and

(b) compile information and profiles of persons authorized or designated under section 217 (1), including information and profiles respecting their compliance with the requirements of this Act and the regulations, with the requirements of other enactments of British Columbia respecting motor vehicle inspections and with the requirements of enactments of other jurisdictions both in Canada and elsewhere.

(5) The director or a person empowered to exercise the powers and perform the duties of a constable or peace officer in regulations made under section 210 (3) (n) may inspect and audit at reasonable times, on designated facility premises,

(a) the premises,

(b) the records referred to in subsection (1) (i),

(c) equipment and reference materials required to be kept under section 217 (2) (c), and

(d) vehicles that have been inspected by a person authorized under section 217 (1) (a).

(6) The director or a peace officer may do one or more of the following:

(a) order the owner or operator of a vehicle in circumstances or on grounds set out in the regulations to surrender the vehicle licence or the number plates, or both, for that vehicle;

(b) order the owner or operator of a vehicle, within the period specified in the order, to present the vehicle for inspection at a facility, or at a facility or one of a class of facilities specified in the order;

(c) order the owner or operator of a vehicle to remove the vehicle from the highway until conditions specified in the order have been met.

(7) An order under subsection (6) (b) or (c) may require that confirmation of the inspection or the meeting of specified conditions, as the case may be, be made to the person specified in the order, at the location and within the period specified in the order.

(8) An owner or operator of a vehicle must comply with an order under subsection (6), but does not commit an offence in the case of an order under subsection (6) (b) unless the owner or operator operates the vehicle on a highway after the period specified in the order without the vehicle having passed an inspection.

SECTION 175: [Motor Vehicle Act, section 217] allows the Director of Commercial Vehicle Safety to impose conditions on authorizations and designations and expands and refines the regulation-making powers of the minister concerning vehicle inspections.

175 Section 217 is amended

(a) by repealing subsection (1) and substituting the following:

(1) For the purposes of section 216, the director may

(a) authorize a person to inspect vehicles, and

(b) designate a person, including the government or a municipality, to operate a designated facility for the class of inspections specified in the designation. .

(b) by adding the following subsection:

(1.1) The director may do one or both of the following:

(a) impose conditions on an authorization or designation referred to in subsection (1) at the time the director makes the authorization or designation or at another time during which the authorization or designation is in effect;

(b) make an authorization or designation referred to in subsection (1) subject to a specified term. ,

(c) by repealing subsection (2) and substituting the following:

(2) For the purposes of section 216, the minister may, by regulation, do one or more of the following:

(a) establish standards of, and criteria and guidelines for, inspections relating to safety and repair for different classes of vehicles;

(b) prescribe standards of inspections or establish standards of, and criteria and guidelines for, inspections relating to emissions for different classes of vehicles;

(c) set out requirements that must be met or guidelines that must be followed by the persons who are designated under subsection (1) relating to maintenance of the facility and equipment and reference materials that must be kept at a designated facility;

(d) governing the manner in which persons authorized under subsection (1) must perform inspections.

(2.1) In making a regulation under subsection (2), the minister may adopt with or without modification one or more or a part of the provisions of a code, standard or rule respecting vehicle safety, emission or repair, as they may be amended from time to time before or after the making of the regulation, including, without limiting this, a standard set by the Canadian Council of Motor Transport Administrators. ,

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

(a) contravention of

(i) a regulation of the minister under subsection (2) by a person who is authorized or designated under subsection (1), or

(ii) a standard prescribed by the minister under section 218 (2),

constitutes an offence, and , and

(e) by adding the following subsection:

(4) The Lieutenant Governor in Council may provide by regulation that

(a) contravention of a condition imposed by the director under subsection (1.1) by a person who is authorized or designated under subsection (1) constitutes an offence, and

(b) a person who commits an offence under paragraph (a) is liable to a penalty not greater than the penalties provided under the Offence Act.

SECTION 176: [Motor Vehicle Act, section 217.1] makes it an offence to falsify vehicle inspection records or to obstruct a person conducting an audit.

176 The following section is added:

Offence

217.1  A person commits an offence if the person

(a) alters, defaces or destroys a record that is required to be kept under section 212 (4) (f) (i) or 216 (1) (i),

(b) makes, participates in, agrees to or acquiesces in the making of a false or deceptive statement in a record referred to in paragraph (a),

(c) omits, agrees to or acquiesces in the omission of an entry in a record referred to in paragraph (a), or

(d) obstructs the director or a person who conducts an audit or inspection under section 216 (5).

Passenger Transportation Act

SECTION 177: [Passenger Transportation Act, section 1] clarifies the definition of "inter-city bus".

177 Section 1 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended by repealing paragraph (a) of the definition of "inter-city bus" and substituting the following:

(a) on a set time schedule

(i) between a prescribed municipality and another location outside the municipality, whether in British Columbia or not, or

(ii) between a location in a prescribed regional district and another location inside or outside the prescribed regional district, whether in British Columbia or not, .

SECTION 178: [Passenger Transportation Act, section 1] corrects the definition of "temporary operating permit".

178 Section 1 is amended in the definition of "temporary operating permit" by striking out "section 36;" and substituting "section 36, 37 or 38;".

SECTION 179: [Passenger Transportation Act, section 5] allows the Registrar of Passenger Transportation to conduct an investigation into whether an applicant, a licensee or a permit holder is a fit and proper person to provide the service.

179 Section 5 is amended

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

(e) determining whether a licence or temporary operating permit should be issued, amended, transferred, renewed or replaced, ,

(b) by adding the following subsection:

(2.1) Without limiting section 2 (3) or subsection (2) of this section, the registrar, or a person authorized by the registrar under section 4 or otherwise, may conduct an investigation that the registrar considers is or may be necessary to determine whether an applicant, a licensee or the holder of a temporary operating permit is a fit and proper person to provide the service. , and

(c) in subsection (4) by striking out "subsection (2)" and substituting "subsection (2) or (2.1)".

SECTION 180: [Passenger Transportation Act, section 7] allows the Passenger Transportation Board to conduct investigations into whether an applicant, a licensee or a permit holder is a fit and proper person to provide the service.

180 Section 7 (1) is amended

(a) in paragraph (b) by striking out "or" at the end of subparagraph (i), by adding ", or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) whether an applicant, a licensee or the holder of a temporary operating permit is a fit and proper person to provide the service and is capable of providing the service. , and

(b) in paragraph (c) by striking out "respecting any application or appeal".

SECTION 181: [Passenger Transportation Act, section 25] allows the Registrar of Passenger Transportation to consider whether an applicant is a fit and proper person to provide the service and refuse to issue a licence to an applicant who is not.

181 Section 25 is amended

(a) in subsection (1) by striking out "subject to subsections (4) and (5)" and substituting "subject to subsections (1.1), (4) and (5)", and

(b) by adding the following subsection:

(1.1) The registrar may

(a) if the registrar thinks it necessary or advisable, consider, in addition to the requirements in subsection (1), whether the applicant is a fit and proper person to provide the service, and

(b) refuse to issue a licence in respect of the application if, in the opinion of the registrar, the applicant is not a fit and proper person to provide the service.

SECTION 182: [Passenger Transportation Act, section 30] deletes an outdated cross-reference to section 25 (2), now repealed.

182 Section 30 (2) is amended by striking out "sections 25 (1) (b) and (2)" and substituting "sections 25 (1) (b)".

SECTION 183: [Passenger Transportation Act, section 34] allows the Registrar of Passenger Transportation to consider whether an applicant for renewal of a licence is a fit and proper person to provide the service and to refuse to renew the licence of an applicant who is not, and extends the currency of the licence for the purpose of the consideration.

183 Section 34 is amended

(a) in subsection (6) by striking out "On receipt of an application to renew a licence" and substituting "Subject to subsection (6.1), on receipt of an application to renew a licence", and

(b) by adding the following subsections:

(6.1) The registrar may

(a) if the registrar thinks it necessary or advisable, consider, in addition to the requirements in subsection (6), whether the applicant is a fit and proper person to provide the service, and

(b) refuse to renew the licence if, in the opinion of the registrar, the applicant is not a fit and proper person to provide the service.

(6.2) Despite subsection (1), if the registrar thinks it necessary or advisable to consider under subsection (6.1) (a) whether the applicant is a fit and proper person to provide the service, the licence that is the subject of the application under subsection (3) does not expire until

(a) the expiry of the prescribed number of days after the date that it would otherwise have expired under subsection (1), or

(b) 7 days after the date on which the registrar concludes his or her consideration,

whichever comes first.

SECTION 184: [Passenger Transportation Act, section 37] allows the Registrar of Passenger Transportation to determine if an applicant for a temporary operating permit is a fit and proper person to provide the service.

184 Section 37 is amended

(a) in subsection (1) by striking out "If the registrar receives an application for a temporary operating permit" and substituting "Subject to subsection (1.1), if the registrar receives an application for a temporary operating permit", and

(b) by adding the following subsection:

(1.1) The registrar may

(a) if the registrar thinks it necessary or advisable, consider, in addition to the requirements in subsection (1), whether the applicant is a fit and proper person to provide the service, and

(b) refuse to issue the temporary operating permit if, in the opinion of the registrar, the applicant is not a fit and proper person to provide the service.

SECTION 185: [Passenger Transportation Act, section 38] allows the Passenger Transportation Board to consider whether an applicant for a temporary operating permit is a fit and proper person to provide the service.

185 Section 38 (3) is amended by striking out "Sections 28 (2) and (3)" and substituting "Sections 28 (1) (b), (2) and (3)".

SECTION 186: [Passenger Transportation Act, section 39.1] allows the Registrar of Passenger Transportation and the Passenger Transportation Board to consider at any time whether a licensee or permit holder is a fit and proper person to provide the service and allows the Registrar to impose sanctions.

186 Part 4 is amended by adding the following Division:

Division 5.1 — Fitness of Licensees and Permit Holders

Continuing requirement to be fit and proper

39.1  (1) Despite anything in this Act or the regulations,

(a) the registrar may at any time, on his or her own initiative, if the registrar thinks it necessary or desirable, consider whether a licensee or a holder of a temporary operating permit is a fit and proper person to provide the service, and

(b) the board may at any time, on its own initiative, if the board thinks it necessary or desirable, consider whether a licensee who holds a licence issued under section 29 (1) or a holder of a temporary operating permit issued under section 38 is a fit and proper person to provide the service and is capable of providing the service.

(2) If, after the consideration referred to in subsection (1) (a), the registrar is of the opinion that the licensee or holder of a temporary operating permit is not a fit and proper person to provide the service, the registrar may, despite section 46 (2), impose one or more of the penalties referred to in section 46 (1) (a), (c) or (d) without providing the notice otherwise required under section 46 (2).

(3) If, after the consideration referred to in subsection (1) (b), the board is of the opinion that the licensee or holder of a temporary operating permit is not a fit and proper person to provide the service or is not capable of providing the service, the board may direct the registrar to impose one or more of the penalties referred to in section 46 (1) (a), (c) or (d), and on that direction the registrar may impose one or more of the penalties without providing the notice otherwise required under section 46 (2).

(4) If, under subsection (2) or (3), the registrar makes an order referred to in section 46 (1) (a), (c) or (d), section 47 (2) to (4) applies.

SECTION 187: [Passenger Transportation Act, section 59] adjusts a regulation-making power.

187 Section 59 (2) (p) is amended by striking out "of this Act" and substituting "of this Act or of the regulations".

SECTION 188: [Passenger Transportation Act, section 59] adds a regulation-making power and allows the Lieutenant Governor in Council to delegate a matter to the board or registrar in making a regulation under the new power.

188 Section 59 is amended

(a) in subsection (2) by adding the following paragraphs:

(k.1) providing for requirements that may be made of applicants, licensees, or permit holders for the purpose of considering whether an applicant, a licensee or a permit holder is fit and proper to provide the service, which requirements may be different for different classes of applicants, licensees and permit holders;

(k.2) setting out requirements that applicants, licensees, or permit holders must ensure are met by drivers employed or retained by them, which requirements may be different for different classes of applicants, licensees, permit holders and drivers;

(t) prescribing a number of days for the purposes of section 34 (6.2) (a). , and

(b) by adding the following subsection:

(5) In making a regulation under subsection (2) (k.1) or (k.2), the Lieutenant Governor in Council may

(a) confer a discretion on the registrar or board, or

(b) delegate a matter to the registrar or board.

Transportation Act

SECTION 189: [Transportation Act, section 27] removes the requirement for the BC Transportation Financing Authority to obtain the approval of the Lieutenant Governor in Council before entering into an agreement with a government of another jurisdiction or with any agency, department or official of such a government.

189 Section 27 (3) (f) of the Transportation Act, S.B.C. 2004, c. 44, is amended by striking out "with the approval of the Lieutenant Governor in Council,".

Commencement

190  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:

Item Column 1
Provisions of Act
Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Sections 1 to 6 By regulation of the Lieutenant Governor in Council
3 Sections 8 to 12 By regulation of the Lieutenant Governor in Council
4 Section 17 By regulation of the Lieutenant Governor in Council
5 Sections 20 to 98 July 1, 2010
6 Sections 102 to 104 January 1, 2011
7 Section 106 January 1, 2011
8 Section 121 January 1, 2011
9 Section 124 January 1, 2011
10 Section 134 January 1, 2011
11 Sections 141 to 148 By regulation of the Lieutenant Governor in Council
12 Section 149 April 1, 2009
13 Section 150 By regulation of the Lieutenant Governor in Council
14 Sections 162 to 164 By regulation of the Lieutenant Governor in Council
15 Sections 165 to 167 April 1, 2009
16 Section 168 By regulation of the Lieutenant Governor in Council
17 Sections 170 to 177 By regulation of the Lieutenant Governor in Council
18 Sections 179 to 181 By regulation of the Lieutenant Governor in Council
19 Sections 183 to 186 By regulation of the Lieutenant Governor in Council
20 Sections 188 and 189 By regulation of the Lieutenant Governor in Council

 
Schedule 1

(Section 91)

Item Column 1
Act being amended
Column 2
Section
1 Carbon Tax Act
S.B.C. 2008, c. 40
57 (2)
2 Forest Act
R.S.B.C. 1996, c. 157
142.91 (2)
3 Hotel Room Tax Act
R.S.B.C. 1996, c. 207
19 (2)
4 Insurance Premium Tax Act
R.S.B.C. 1996, c. 232
18 (2)
5 International Financial Activity Act
S.B.C. 2004, c. 49
39 (2)
6 Logging Tax Act
R.S.B.C. 1996, c. 277
24 (2)
7 Mineral Tax Act
R.S.B.C. 1996, c. 291
27 (2)
8 Motor Fuel Tax Act
R.S.B.C. 1996, c. 317
51 (2)
9 Property Transfer Tax Act
R.S.B.C. 1996, c. 378
21 (2)
10 Social Service Tax Act
R.S.B.C. 1996, c. 431
119 (2)
11 Tobacco Tax Act
R.S.B.C. 1996, c. 452
24 (2)

 
Schedule 2

(Section 92)


Item
Column 1
Act being amended
Column 2
Section
1 Carbon Tax Act
S.B.C. 2008, c. 40
64 (14) (b) (ii)
2 Hotel Room Tax Act
R.S.B.C. 1996, c. 207
24 (14) (b) (ii)
3 Motor Fuel Tax Act
R.S.B.C. 1996, c. 317
57.1 (14) (b) (ii)
4 Social Service Tax Act
R.S.B.C. 1996, c. 431
103 (14) (b) (ii)

 
Schedule 3

(Section 93)


Item
Column 1
Act being amended
Column 2
Section
1 Building Officials' Association Act
S.B.C. 1997, c. 16
15 (1)
2 Carbon Tax Act
S.B.C. 2008, c. 40
57 (1)
3 Forest Act
R.S.B.C. 1996, c. 157
142.91 (1)
4 Income Tax Act
R.S.B.C. 1996, c. 215
18 (5)
5 Insurance Premium Tax Act
R.S.B.C. 1996, c. 232
18 (1)
6 International Financial Activity Act
S.B.C. 2004, c. 49
39 (1)
7 Logging Tax Act
R.S.B.C. 1996, c. 277
24 (1)
8 Motor Fuel Tax Act
R.S.B.C. 1996, c. 317
51 (1)
9 Property Transfer Tax Act
R.S.B.C. 1996, c. 378
21 (1)
10 Social Service Tax Act
R.S.B.C. 1996, c. 431
119 (1)
11 Tobacco Tax Act
R.S.B.C. 1996, c. 452
24 (1)

 
Schedule 4

(Section 94)


Item
Column 1
Act being amended
Column 2
Section
1 Business Practices and Consumer Protection Act
S.B.C. 2004, c. 2
183 (1) (e)
2 Civil Rights Protection Act
R.S.B.C. 1996, c. 49
3 (3)
3 Court Order Enforcement Act
R.S.B.C. 1996, c. 78
34 (1) (a)
4 Crime Victim Assistance Act
S.B.C. 2001, c. 38
16 (4)
5 Estate Administration Act
R.S.B.C. 1996, c. 122
60 (2), (5) and (6)
6 Wills Variation Act
R.S.B.C. 1996, c. 490
3 (1) (b) and (c), (1.1), (1.2) and (2)
7 Woodworker Lien Act
R.S.B.C. 1996, c. 491
5 (2) and (3), 7 (1) and 11 (1)

 
Schedule 5

(Section 95)


Item
Column 1
Act being amended
Column 2
Section
1 Libel and Slander Act
R.S.B.C. 1996, c. 263
13 (2) and 19 (1) and (6)
2 Securities Act
R.S.B.C. 1996, c. 418
140.9 (c)
3 Woodworker Lien Act
R.S.B.C. 1996, c. 491
3 (5)

 
Schedule 6

(Section 96)


Item
Column 1
Act being amended
Column 2
Section
1 Court Order Enforcement Act
R.S.B.C. 1996, c. 78
92 (3) and 98
2 Estate Administration Act
R.S.B.C. 1996, c. 122
28 (1)
3 Fraudulent Preference Act
R.S.B.C. 1996, c. 164
11 (1)

 
Schedule 7

(Section 97)


Item
Column 1
Act being amended
Column 2
Section
1 Adult Guardianship Act
R.S.B.C. 1996, c. 6
60 (4)
2 Agrologists Act
S.B.C. 2003, c. 13
28 (2) and (3)
3 Builders Lien Act
S.B.C. 1997, c. 45
26
4 Child, Family and Community Service Act
R.S.B.C. 1996, c. 46
81 (4)
5 Class Proceedings Act
R.S.B.C. 1996, c. 50
17 (1) and (4), 27 (1) (b), 38 (7) (b) and 40
6 College of Applied Biology Act
S.B.C. 2002, c. 68
31 (2) and (3)
7 Commercial Tenancy Act
R.S.B.C. 1996, c. 57
28
8 Community Charter
S.B.C. 2003, c. 26
109 (4), 113 (1) and 269 (4)
9 Court Order Interest Act
R.S.B.C. 1996, c. 79
3
10 Creditor Assistance Act
R.S.B.C. 1996, c. 83
25 (a) and 48
11 Crown Franchise Act
R.S.B.C. 1996, c. 88
7
12 Election Act
R.S.B.C. 1996, c. 106
152 (1)
13 Employment Standards Act
R.S.B.C. 1996, c. 113
119 (7)
14 Estate Administration Act
R.S.B.C. 1996, c. 122
16 (1), 110, 111 (3) and 117
15 Foresters Act
S.B.C. 2003, c. 19
28 (1) and (2)
16 Gaming Control Act
S.B.C. 2002, c. 14
63 (3) and (4)
17 Infants Act
R.S.B.C. 1996, c. 223
16 (1) (b) and (2)
18 Jury Act
R.S.B.C. 1996, c. 242
17 (1) (b)
19 Land Title Act
R.S.B.C. 1996, c. 250
129, 130 and 251 (1)
20 Land Title Inquiry Act
R.S.B.C. 1996, c. 251
21 (1)
21 Law and Equity Act
R.S.B.C. 1996, c. 253
16 (1) and 21 (2)
22 Legal Profession Act
S.B.C. 1998, c. 9
44 (2) and (4), 68 (9) and 70 (13)
23 Local Government Act
R.S.B.C. 1996, c. 323
146 (1)
24 Notaries Act
R.S.B.C. 1996, c. 334
5 (1)
25 Offence Act
R.S.B.C. 1996, c. 338
81 (6), 104 (1) and 115 (2), (3) and (4)
26 Patients Property Act
R.S.B.C. 1996, c. 349
3 (2) (c)
27 Probate Fee Act
S.B.C. 1999, c. 4
2 (1)
28 Public Health Act
S.B.C. 2008, c. 28
117 (b) (ii) and 118 (c)
29 Strata Property Act
S.B.C. 1998, c. 43
114 (1) (a)
30 Survivorship and Presumption of Death Act
R.S.B.C. 1996, c. 444
3 (1)
31 Vancouver Charter
S.B.C. 1953, c. 55
118 (1), 142.3 (1), 145.92 (4) and
482.6 (4)
32 Workers Compensation Act
R.S.B.C. 1996, c. 492
247 (2)

 
Schedule 8

(Section 98)


Item
Column 1
Act being amended
Column 2
Section
1 Court Order Enforcement Act
R.S.B.C. 1996, c. 78
113 (1), (2) and (3)
2 Enforcement of Canadian Judgments and Decrees Act
S.B.C. 2003, c. 29
3 (1) (b) and 6 (2) (c) (i)
3 Offence Act
R.S.B.C. 1996, c. 338
15.2 (1)

 
Explanatory Notes

SECTION 1: [First Peoples' Heritage, Language and Culture Act, Preamble] changes the goal of the Act from preserving and restoring First Nations heritage, language and culture to protecting and revitalizing First Nations heritage, language, culture and arts.

SECTION 2: [First Peoples' Heritage, Language and Culture Act, section 1] authorizes the minister to specify First Nations language groups by regulation.

SECTION 3: [First Peoples' Heritage, Language and Culture Act, section 2] changes membership in the First Peoples' Advisory Committee from persons nominated by tribal councils and appointed by the minister to members of First Nations language groups who are recommended by the board and appointed by the minister.

SECTION 4: [First Peoples' Heritage, Language and Culture Act, section 3] changes membership on the board of the First Peoples' Heritage, Language and Culture Council from

SECTION 5: [First Peoples' Heritage, Language and Culture Act, section 6] expands the purposes of the corporation to include providing other forms of support than financial and clarifies that support of the arts is a purpose of the corporation.

SECTION 6: [First Peoples' Heritage, Language and Culture Act, section 9] is consequential to the amendment to section 6 of the Act made by this Bill.

SECTION 7: [Retroactive validation Tsay Keh Dene First Nation] validates the 1995 transfer of land to Canada for the benefit of the Tsay Keh Dene Nation and a free Crown grant of land to a Tsay Keh Dene corporation because the transfers and grant were made while some of the subject land was reserved from disposition by Order in Council 2452/57. Order in Council 49/2010 removes the subject land from the reserve.

SECTION 8: [Land Act, section 1] permits the term "fossil" to be defined by regulation of the Lieutenant Governor in Council.

SECTION 9: [Land Act, section 7.6] is consequential to the addition of regulation making powers to section 110 of the Act by this Bill.

SECTION 10: [Land Act, section 11]

(a) provides that the minister may, under the Act, sell or otherwise dispose of fossils located on Crown land and permit fossils to be removed from Crown land,

(b) clarifies that the minister may set the amount of compensation that must be paid for a disposition of Crown land, and

(c) clarifies that the authority of the minister to set conditions in a disposition of Crown land does not apply to a disposition under section 51 (1) of the Act or a land exchange under section 95 of the Act.

SECTION 11: [Land Act, section 50] excludes fossils located on Crown land from a disposition of Crown land unless, under section 50 (3.1), the disposition specifically provides otherwise.

SECTION 12: [Land Act, section 110] clarifies that regulations made under the Land Act may set application fees and fees for the provision of services and the performance of duties under that Act and adds ancillary powers for the enactment of these regulations establishing fees.

SECTION 13: [Land Title Act, heading to Division 1 of Part 10.1] is consequential to the repeal of section 168.11 of the Act by this Bill.

SECTION 14: [Land Title Act, section 168.11] repeals the section as a result of section 168.111 of the Act added by this Bill.

SECTION 15: [Land Title Act, section 168.111]

SECTION 16: [Land Title Act, section 168.91] repeals the section providing for regulation making powers of the Board of Directors.

SECTION 17: [Ministry of Lands, Parks and Housing Act, section 11] clarifies that the power to make regulations establishing fees includes application fees.

SECTION 18: [Land Title Act transition] deems that a designation made by the director before section 168.111 of the Land Title Act comes into force is made under that section until the designation is revoked or another designation or direction is made in its place.

SECTION 19: [Estates of Missing Persons Act, section 12] repeals a provision that was made meaningless by previous amendments to the statute.

SECTIONS 20 TO 98: [Supreme Court Rules Miscellaneous Statutes Amendments — various statutes] harmonizes the language of the referenced Acts with the language of the new Supreme Court Civil Rules and Supreme Court Family Rules that come into force on July 1, 2010.

SECTION 99: [Confirmation of corrections to statutes] confirms a correction of an error arising from the 1996 revision of the Estate Administration Act and confirms corrections made to various statutes in respect of the following types of errors:

SECTION 100: [Statute repeal] repeals the Statute Uniformity Act.

SECTION 101: [Community Charter, section 281] clarifies that regulations may be made under this section despite the Act.

SECTION 102: [Environmental Management Act, section 1] adds a definition of "regional district" that includes the Northern Rockies Regional Municipality, continuing the effect of the rules set out in section 2 of the Northern Rockies Regional Municipality Interim Regulation, B.C. Reg. 14/2009.

SECTION 103: [Environmental Management Act, section 25] adds a reference to the Northern Rockies Regional Municipality in the definition of "regional district", continuing the effect of the rules set out in section 2 of the Northern Rockies Regional Municipality Interim Regulation, B.C. Reg. 14/2009.

SECTION 104: [Greater Vancouver Sewerage and Drainage District Act, section 58.2] makes section 937.001 of the Local Government Act applicable to a bylaw adopted under this section.

SECTION 105: [Greater Vancouver Sewerage and Drainage District Act, section 58.6] provides that money in development cost charge reserve funds may be used to pay a person for sewerage facilities if certain requirements are met.

SECTION 106: [Hospital District Act, Division 3 of Part 2] provides for the modified application of the Act to the Northern Rockies Regional Hospital District, continuing the effect of the rules set out in section 3 of the Northern Rockies Regional Municipality Interim Regulation, B.C. Reg. 14/2009.

SECTION 107: [Islands Trust Act, section 49.2] allows the trust council to designate all or part of an island municipality as an area for which a natural area protection tax exemption may be granted.

SECTION 108: [Islands Trust Act, section 54] clarifies that regulations may be made under this section despite the Act.

SECTION 109: [Local Government Act, section 799] clarifies that regulations may be made under this section despite the Act.

SECTION 110: [Local Government Act, section 857]

SECTION 111: [Local Government Act, section 858] is consequential to an amendment made to section 857 of the Act made by this Bill.

SECTION 112: [Local Government Act, section 859]

SECTION 113: [Local Government Act, section 867] requires the establishment of an intergovernmental advisory committee if there is a proposed amendment to the regional growth strategy that is not a minor amendment.

SECTION 114: [Local Government Act, section 905.1]

SECTION 115: [Local Government Act, section 905.4] provides that specified subdivision bylaw provisions may not be dealt with as a minor amendment to a phased development agreement.

SECTION 116: [Local Government Act, section 905.6] requires that notices of phased development agreements are filed at the land title office.

SECTION 117: [Local Government Act, section 920.1] is self-explanatory.

SECTION 118: [Local Government Act, section 920.2] is self-explanatory.

SECTION 119: [Local Government Act, section 921] is self-explanatory.

SECTION 120: [Local Government Act, section 935] provides that money in development cost charge reserve funds may be used to pay a person for projects if certain requirements are met.

SECTION 121: [Local Government Act, section 937.001] provides that a development cost charge bylaw has no effect for one year if the bylaw is adopted after an application for a building permit has been submitted.

SECTION 122: [Local Government Act, section 939] provides that if a phased development agreement exists, no charges for latecomer connections are payable beyond 15 years after services are completed or the end of the phased development agreement, whichever is later.

SECTION 123: [Local Government Act, section 941] is consequential to the enactment of section 905.1 (4) (h) and (4.1) of the Act made by this Bill and adds missing words to make language consistent with other sections.

SECTION 124: [Local Government Act, section 943] is self-explanatory.

SECTION 125: [Vancouver Charter, section 2] adds a definition of "newspaper".

SECTION 126: [Vancouver Charter, section 3] sets out the requirements for publishing public notices.

SECTION 127: [Vancouver Charter, section 193D] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 128: [Vancouver Charter, section 303] allows the Council to make by-laws regarding solid waste that vary in relation to different classes or areas specified by the Council.

SECTION 129: [Vancouver Charter, section374.4] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 130: [Vancouver Charter, section 396A] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 131: [Vancouver Charter, section 396C] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 132: [Vancouver Charter, section 396E] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 133: [Vancouver Charter, section 424] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 134: [Vancouver Charter, section 523D] is consequential to the enactment of section 8.2 of the Act by this Bill, separates subsections and provides that a development cost levy bylaw has no effect for one year if the bylaw is adopted after an application for a building permit has been submitted.

SECTION 135: [Vancouver Charter, section 523D] provides that money in development cost levy reserve funds may be used to pay a person for projects if certain requirements are met.

SECTION 136: [Vancouver Charter, section 566] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 137: [Vancouver Charter, section 595A] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 138: [Vancouver Charter, section 599] is consequential to the amendment made to section 3 of the Act by this Bill.

SECTION 139: [Vancouver Enabling Act, 1968, section 6A] removes the requirement under the Act that an amendment to an agreement, an amendment or partial surrender of a lease and the granting of an easement be in the form approved by the Lieutenant Governor in Council.

SECTION 140: [Local Government Act transition] provides that a 120 day acceptance period for regional growth strategies continues to apply to a proposed regional growth strategy submitted for acceptance before the section in the Bill reducing the acceptance period comes into force.

SECTION 141: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 4] clarifies that a child, parent or spouse may be appointed as a guardian for an adult who is receiving personal care or health care services.

SECTION 142: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 38] clarifies that a child, parent or spouse may be named as an attorney for an adult who is receiving personal care or health care services.

SECTION 143: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 40] removes a definition, consequential to the amendment made by this Bill to section 44 of the Adult Guardianship and Planning Statutes Amendment Act, 2007.

SECTION 144: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 44] clarifies that a child, parent or spouse may be named as a representative for an adult who is receiving personal care or health care services.

SECTION 145: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 80] is consequential to the enactment of advance directives by the Adult Guardianship and Planning Statutes Amendment Act, 2007.

SECTION 146: [Community Care and Assisted Living Act, section 18] removes an incorrect reference and provides for consistency with amendments made by this Bill to the Hospital Act.

SECTION 147: [Community Care and Assisted Living Act, section 18] provides for consistency with the Power of Attorney Act.

SECTION 148: [Emergency and Health Services Act, section 14]

SECTION 149: [Health Authorities Act, section 7.2] authorizes the minister to order health authority boards to report on matters if reasonably needed for a stewardship purpose under the Ministry of Health Act.

SECTION 150: [Health Planning Statutes Amendment Act, 2002, section 6] is consequential to the amendments made to the Emergency and Health Services Act by this Bill.

SECTION 151: [Health Planning Statutes Amendment Act, 2002, section 26] updates the title of the Act to Emergency and Health Services Act.

SECTION 152: [Health Professions Act, section 19] adds a reference to professional liability protection and updates a cross-reference.

SECTION 153: [Health Professions Act, section 25.1] for Part 2.1 of the Act,

SECTION 154: [Health Professions Act, section 25.2] deletes a reference to the executive committee, consequential to the amendment of the definition of "board" for Part 2.1 of the Act made by this Bill.

SECTION 155: [Health Professions Act, section 32] allows a disposition to take effect immediately upon delivery of a report to the inquiry committee.

SECTION 156: [Health Professions Act, section 39]

SECTION 157: [Health Professions Act, section 40] clarifies that the time period within which a person must file an appeal begins to run on the date that the decision is delivered to the person who has the right to appeal.

SECTION 158: [Health Professions Act, section 49] substitutes a reference to professional liability and insurance coverage for the current reference to insurance only, consistent with an amendment to section 19 (1) (o) of the Act made by this Bill.

SECTION 159: [Health Professions Act, section 52.2] clarifies that the definitions in section 52.2 of the Act also apply to section 52.3.

SECTION 160: [Health Professions Act, section 55] clarifies that the minister may make regulations respecting any other matter for which minister's regulations are contemplated under the Act and authorizes the minister to make different regulations respecting health human resources information for different colleges.

SECTION 161: [Health Professions Amendment Act, 2003, section 34] authorizes the minister, by regulation, to override the exception, for specified designated health professions, from the prohibition against performing restricted activities.

SECTION 162: [Hospital Act, section 4.1] prohibits employees of extended care facilities and private hospitals from engaging in certain activities that would be a conflict of interest.

SECTION 163: [Hospital Act, section 4.1] amends the definition of "personal representative" consequential to amendments to be made by the Adult Guardianship and Planning Statutes Amendment Act, 2007 and the Wills, Estates and Succession Act.

SECTION 164: [Hospital Act, section 4.1] provides for consistency with the Power of Attorney Act.

SECTION 165: [Ministry of Health Act, Part 1 heading] adds a heading consequential to the enactment of Part 2 of the Act by this Bill.

SECTION 166: [Ministry of Health Act, sections 9 to 12]

SECTION 167: [Public Health Act, section 9] authorizes further collection, use and disclosure of personal information for a stewardship purpose under the Ministry of Health Act.

SECTION 168: [Hospital Act transition] provides that section 4.1 (2) (c) and (5) of the Act does not apply for 3 months to powers of attorney or representation agreements existing on the date that section comes into force, except to any change made to a power of attorney or a representation agreement within the 3 month period.

SECTION 169: [Repeals] provides for the repeal of section 80 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 and of section 11.1 of the Emergency and Health Services Act for consistency with amendments made by the Health Planning Statutes Amendment Act, 2002.

SECTION 170: [Repeal — Hospital Act conflict of interest provisions] provides for the repeal of provisions that will not be needed when extended care facilities and private hospitals are regulated under the Community Care and Assisted Living Act rather than the Hospital Act.

SECTION 171: [Motor Vehicle Act, section 118.96] allows the Director of Commercial Vehicle Safety to cancel an inspection authorization or designation based on information and profiles compiled under section 216.

SECTION 172: [Motor Vehicle Act, section 210] allows regulations to be made permitting the Director of Commercial Vehicle Safety to share information and profiles compiled under section 216 with other governments or agencies for the purposes of road safety.

SECTION 173: [Motor Vehicle Act, section 212] corrects a regulation-making power.

SECTION 174: [Motor Vehicle Act, section 216] expands and refines the framework for vehicle inspections.

SECTION 175: [Motor Vehicle Act, section 217] allows the Director of Commercial Vehicle Safety to impose conditions on authorizations and designations and expands and refines the regulation-making powers of the minister concerning vehicle inspections.

SECTION 176: [Motor Vehicle Act, section 217.1] makes it an offence to falsify vehicle inspection records or to obstruct a person conducting an audit.

SECTION 177: [Passenger Transportation Act, section 1] clarifies the definition of "inter-city bus".

SECTION 178: [Passenger Transportation Act, section 1] corrects the definition of "temporary operating permit".

SECTION 179: [Passenger Transportation Act, section 5] allows the Registrar of Passenger Transportation to conduct an investigation into whether an applicant, a licensee or a permit holder is a fit and proper person to provide the service.

SECTION 180: [Passenger Transportation Act, section 7] allows the Passenger Transportation Board to conduct investigations into whether an applicant, a licensee or a permit holder is a fit and proper person to provide the service.

SECTION 181: [Passenger Transportation Act, section 25] allows the Registrar of Passenger Transportation to consider whether an applicant is a fit and proper person to provide the service and refuse to issue a licence to an applicant who is not.

SECTION 182: [Passenger Transportation Act, section 30] deletes an outdated cross-reference to section 25 (2), now repealed.

SECTION 183: [Passenger Transportation Act, section 34] allows the Registrar of Passenger Transportation to consider whether an applicant for renewal of a licence is a fit and proper person to provide the service and to refuse to renew the licence of an applicant who is not, and extends the currency of the licence for the purpose of the consideration.

SECTION 184: [Passenger Transportation Act, section 37] allows the Registrar of Passenger Transportation to determine if an applicant for a temporary operating permit is a fit and proper person to provide the service.

SECTION 185: [Passenger Transportation Act, section 38] allows the Passenger Transportation Board to consider whether an applicant for a temporary operating permit is a fit and proper person to provide the service.

SECTION 186: [Passenger Transportation Act, section 39.1] allows the Registrar of Passenger Transportation and the Passenger Transportation Board to consider at any time whether a licensee or permit holder is a fit and proper person to provide the service and allows the Registrar to impose sanctions.

SECTION 187: [Passenger Transportation Act, section 59] adjusts a regulation-making power.

SECTION 188: [Passenger Transportation Act, section 59] adds a regulation-making power and allows the Lieutenant Governor in Council to delegate a matter to the board or registrar in making a regulation under the new power.

SECTION 189: [Transportation Act, section 27] removes the requirement for the BC Transportation Financing Authority to obtain the approval of the Lieutenant Governor in Council before entering into an agreement with a government of another jurisdiction or with any agency, department or official of such a government.