The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as amended in Committee of the Whole on the 2nd day of June, 2010
Ian D. Izard, Q.C., Law Clerk
HONOURABLE MICHAEL DE JONG
ATTORNEY GENERAL
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
Adoption Act
1 Section 62 (2) (b) of the Adoption Act, R.S.B.C. 1996, c. 5, is amended by striking out "if the child is not a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band," and substituting "if the child is not described by paragraph (a), (a.1) or (a.2),".
2 Section 63 (1) is amended by adding the following paragraph:
(d) if the adoption occurred under a law of the Nisga'a Lisims Government and a notice has been provided by the Nisga'a Lisims Government under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.
3 Section 64 (1) is amended by adding the following paragraph:
(e) if the adoption occurred under a law of the Nisga'a Lisims Government and a notice has been provided by the Nisga'a Lisims Government under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.
4 Section 71 is amended
(a) in subsection (1) by striking out "or who was adopted under a law of a treaty first nation apply" and substituting "or who was adopted under a law of treaty first nation or the Nisga'a Lisims Government may apply", and
(b) in subsections (3) and (5) by striking out "or a law of a treaty first nation," and substituting "or a law of a treaty first nation or the Nisga'a Lisims Government,".
Evidence Act
5 Section 24.1 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended by striking out "or the Nisga'a Nation." and substituting "or a Nisga'a Government."
Final Agreement Consequential Amendments Act, 2007
6 Section 155.1 (a) of the Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36, is amended in the description of Checleset Bay Ecological Reserve by striking out "Plan 15 Tube 1983." and substituting "Plan 6 Tube 2005." and by striking out "33 568 hectares (487 hectares of upland and 33 081 hectares of foreshore)." and substituting "33 389 hectares (487 hectares of upland and 32 902 hectares of foreshore."
7 Section 155.1 (b), as enacted by section 7 of the Protected Areas of British Columbia Amendment Act, 2009, S.B.C. 2009, c. 19, is amended
(a) in the description of Big Bunsby Marine Park by striking out "Plan 15 Tube 1982." and substituting "Plan 7 Tube 2004." and by striking out "622 hectares (267 hectares of upland and 355 hectares of foreshore)." and substituting "619 hectares (267 hectares of upland and 352 hectares of foreshore).", and
(b) in the description of Tahsish-Kwois Park by striking out "Plan 6 Tube 1984." and substituting "Plan 7 Tube 2005."
8 Section 155.1 (c), as enacted by section 7 of the Protected Areas of British Columbia Amendment Act, 2009, is amended in the description of Brooks Peninsula Park [a.k.a. Muqqiwn Park] by striking out "Plan 1 Tube 1984." and substituting "Plan 8 Tube 2004." and by striking out "39 944 hectares (36 005 hectares of upland and 3 939 hectares of foreshore)." and substituting "39 936 hectares (36 005 hectares of upland and 3 931 hectares of foreshore)."
Gas Utility Act
9 Section 2 (3) (c) of the Gas Utility Act, R.S.B.C. 1996, c. 170, is amended
(a) in subparagraph (ii) by striking out "in a rural area that is not treaty lands," and substituting "in a rural area that is neither treaty lands nor Nisga'a Lands," and by striking out "or",
(b) in subparagraph (iii) by striking out "agree to." and substituting "agree to, or", and
(c) by adding the following subparagraph:
(iv) in Nisga'a Lands, on the conditions that the gas utility and the Nisga'a Nation or Nisga'a Village, as applicable, agree to.
Land Act
10 Section 7 of the Land Act, R.S.B.C. 1996, c. 245, is amended by adding the following subsection:
(4.1) If the final agreement of a treaty first nation requires that survey plans of treaty lands be filed in the registry, the Surveyor General must file a copy of a final plan to which the requirement applies in the registry, whether or not the treaty lands include or consist of former federal Crown land.
Land Title Act
11 Section 30 of Schedule 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended
(a) in subsection (1) (a) by striking out ", as defined in Part 5 of this Act,",
(b) by adding the following subsections:
(2.1) Despite subsection (1), an instrument executed on behalf of a treaty first nation before the effective date of the treaty first nation's final agreement is conclusively deemed to be properly executed if
(a) the final agreement provides that on the effective date specified individuals will form the first government of the treaty first nation,
(b) the instrument is executed by a specified individual for that treaty first nation and witnessed by an officer who is not a party to the instrument, and
(c) the execution is proved in accordance with subsection (2.2).
(2.2) If an instrument is executed by a specified individual under subsection (2.1),
(a) the signature of the officer witnessing the execution is a certification by the officer that the individual appeared before, and acknowledged to, the officer that he or she is a specified individual, and
(b) the signature witnessed by the officer is the signature of the individual who made the acknowledgement.
(6) In this section:
"Indian band" means an Indian band as defined in the Indian Act (Canada);
"officer" has the same meaning as in Part 5;
"specified individual", in respect of a treaty first nation, means an individual occupying with the Indian band that will cease to exist by operation of the treaty first nation's final agreement, a position the occupant of which will be a member of that treaty first nation's first government under that final agreement. , and
(c) in subsection (3) but striking out "proved in compliance with subsection (1) or (2)," and substituting "proved in compliance with subsection (1), (2) or (2.2),".
Local Government Act
12 Section 692 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a) in subsection (2.1) by striking out everything after "do not apply to" and substituting the following:
(a) a municipality or regional district,
(b) a part of a regional district not inside a municipality, or
(c) Nisga'a Lands. , and
(b) by adding the following subsection:
(5.1) Subject to the regulations under subsection (2.1), the building code and other regulations under subsection (1) apply to Nisga'a Lands.
Maa-nulth First Nations Final Agreement Act
13 Section 12 of the Maa-nulth First Nations Final Agreement Act, S.B.C. 2007, c. 43, is amended
(a) in subsection (1) by striking out everything after "substantially in the form" and substituting "published under subsection (4), and includes amendments referred to in subsection (2) from the time those amendments are published under subsection (4).",
(b) in subsection (2) by striking out "into the Harvest Agreement on behalf" and substituting "into the Harvest Agreement, and amendments to that agreement made in accordance with its terms, on behalf", and
(c) in subsection (4) by striking out "publish the Harvest Agreement in the Gazette." and substituting "publish the Harvest Agreement, and amendments referred to in subsection (2), in the Gazette."
14 The following section is added:
13.1 (1) All rights to harvest timber, and all rights associated with a right to harvest timber, in Maa-nulth First Nation Lands under an agreement referred to in section 12 of the Forest Act are extinguished.
(2) If an agreement referred to in subsection (1) applies only to Maa-nulth First Nation Lands, the agreement is cancelled.
(3) If an agreement referred to in subsection (2) applies both to Maa-nulth First Nation Lands and to other lands, the agreement is cancelled insofar as it applies to Maa-nulth First Nation Lands.
Motor Vehicle Act
15 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended in the definition of "rural area" by striking out "treaty lands;" and substituting "treaty lands or Nisga'a Lands;".
16 Section 83 is amended
(a) in subsection (1) by adding the following definition:
"Nisga'a traffic laws" includes the laws of a Nisga'a Government enacted under the Nisga'a Final Agreement with respect to the parking of vehicles or the use of parking meters; , and
(b) in subsection (2) by striking out "or" at the end of paragraph (d), by adding ", or" at the end of paragraph (e) and by adding the following paragraph:
(f) Nisga'a traffic laws.
17 Section 84 (1) is repealed and the following substituted:
(1) If a peace officer has reason to believe that a motor vehicle has been involved in an accident or in a contravention of
(a) this Act, the Commercial Transport Act, the Transportation Act or a regulation under any of them,
(b) a bylaw of a municipality,
(c) a law of a treaty first nation, or
(d) a law of a Nisga'a Government,
and so informs the owner or a person in the motor vehicle, it is the duty of the owner or person, as the case may be, if required by the peace officer, to give all information it is in his or her power to give relating to the identification of the driver of the motor vehicle at the relevant time or during the relevant period.
18 Section 119 is amended in the definition of "traffic control device" by striking out everything after "by authority of" and substituting the following:
(a) the minister responsible for the administration of the Transportation Act,
(b) the council of a municipality,
(c) the governing body of a treaty first nation,
(d) a Nisga'a Government, or
(e) a person authorized by a person referred to in paragraph (a), (b), (c) or (d) to exercise that authority; .
19 Section 135 is amended
(a) in subsection (1) by striking out "or" at the end of paragraph (c) and by adding the following paragraphs:
(c.1) the Nisga'a Village Government in whose Nisga'a Lands the device is placed, erected or maintained,
(c.2) the Nisga'a Lisims Government if the device is placed, erected or maintained in Nisga'a Lands outside all Nisga'a Villages, or ,
(b) in subsection (1) (d) by striking out "paragraphs (a) to (c)." and substituting "paragraphs (a) to (c.2).", and
(c) in subsection (2) by striking out "the council of a municipality, the governing body of a treaty first nation" and substituting ", the council of a municipality, the governing body of a treaty first nation, a Nisga'a Government".
20 Section 146 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to this section, a person must not drive or operate a motor vehicle on a highway in a municipality, treaty lands or a Nisga'a Village at a greater rate of speed than 50 km/h, and a person must not drive or operate a motor vehicle on a highway outside a municipality or in Nisga'a Lands outside a Nisga'a Village at a greater rate of speed than 80 km/h. ,
(b) in subsection (7) by striking out "If, under a bylaw adopted by a municipality or a law enacted by a treaty first nation," and substituting "If, under a bylaw adopted by a municipality or a law enacted by a treaty first nation or a Nisga'a Government,",
(c) in subsection (10) by striking out "and a treaty first nation that has enacted a law having the same effect" and substituting "and a treaty first nation or Nisga'a Government that has enacted a law having the same effect", and
(d) by repealing subsection (11) and substituting the following:
(11) A person must not drive or operate a motor vehicle at a greater rate of speed than 20 km/h on a lane in a municipality that has enacted a bylaw under subsection (8), or in
(a) the treaty lands of a treaty first nation,
(b) the Nisga'a Village Lands of a Nisga'a Village Government, or
(c) Nisga'a Lands outside all Nisga'a Villages
if the treaty first nation, Nisga'a Village Government or the Nisga'a Lisims Government, as applicable, has enacted a law having the same effect.
21 Section 168 is amended by striking out "or the laws of a treaty first nation," and substituting "or the laws of a treaty first nation or a Nisga'a Government,".
22 Section 179 (4) is amended by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:
(d) if located on Nisga'a Lands, authorized by the chief of the police force responsible for policing the Nisga'a Lands.
23 Section 188 is amended in subsections (1) (b) and (3) by striking out "a municipality or a treaty first nation," and substituting "a municipality, a treaty first nation or a Nisga'a Government,".
24 Section 189 is amended
(a) in subsection (1) (o) by striking out "a municipality or a treaty first nation." and substituting "a municipality, a treaty first nation or a Nisga'a Government.", and
(b) in subsection (3.1) by striking out "or a treaty first nation enacts a law having the same effect," and substituting "or a treaty first nation or a Nisga'a Government enacts a law having the same effect,".
25 Section 190 is amended by striking out "a treaty first nation or" and substituting "a treaty first nation, a Nisga'a Government or".
26 Section 192 (1) is amended by striking out "in a municipality or treaty lands" in both places and substituting "in a municipality, treaty lands or Nisga'a Lands".
27 Section 204 (3) is amended by striking out everything after "which may be" and substituting the following:
(a) the minister charged with the administration of the Transportation Act,
(b) the council of a municipality,
(c) the governing body of a treaty first nation,
(d) a Nisga'a Government, or
(e) a person authorized by a person referred to in paragraph (a), (b), (c) or (d) who has jurisdiction over that highway.
28 Section 214 (1) is amended by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:
(d) a highway within Nisga'a Lands, except in accordance with the laws of the Nisga'a Government having jurisdiction over the highway with respect to traffic and transportation.
New Relationship Trust Act
29 Section 1 of the New Relationship Trust Act, S.B.C. 2006, c. 6, is amended in the definition of "qualified individual" by adding the following paragraph:
(c.2) the President of the Nisga'a Lisims Government or the Chief Councillor of a Nisga'a Village, .
School Act
30 Section 86 of the School Act, R.S.B.C. 1996, c. 412, is amended
(a) by repealing subsection (3.1) and substituting the following:
(3.1) A board may enter into an agreement with the Nisga'a Nation with respect to the education of
(a) a Nisga'a citizen, or
(b) a student who
(i) is not a Nisga'a citizen, and
(ii) is attending an educational institution operated by the Nisga'a Lisims Government. , and
(b) in subsection (3.2) by striking out '"Nisga'a child"' and substituting '"Nisga'a citizen"'.
Trespass Act
31 Section 3 (4) of the Trespass Act, R.S.B.C. 1996, c. 462, is repealed and the following substituted:
(4) This section does not apply in
(a) treaty lands, or
(b) Nisga'a Lands, as defined in the Nisga'a Final Agreement.
Vital Statistics Act
32 Section 12 (4) of the Vital Statistics Act, R.S.B.C. 1996, c. 479, 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) for adoptions under a law of the Nisga'a Lisims Government, a copy of the notice of adoption under section 12.1 of this Act, if any.
33 Section 12.1 is amended
(a) by adding the following subsection:
(1.1) If the Nisga'a Lisims Government makes a law in accordance with the Nisga'a Final Agreement providing for the adoption of children, the Nisga'a Lisims Government may give notice to the chief executive officer of an adoption occurring under that law. , and
(b) in subsection (2) by striking out "notice under subsection (1)" and substituting "notice under subsection (1) or (1.1)".
34 Section 14 (1) is amended by striking out "of a treaty first nation or of another jurisdiction" and substituting "a treaty first nation, the Nisga'a Lisims Government or another jurisdiction".
Part 2 — Attorney General Amendments
Evidence Act
35 Section 58 of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed and the following substituted:
58 (1) In this section:
"Nisga'a Final Agreement" has the same meaning as in the NisØa'a Final Agreement Act;
"Nisga'a Nation" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Village" has the same meaning as in the Nisga'a Final Agreement;
"trust council" has the same meaning as in the Islands Trust Act.
(2) Section 57 does not apply to the appointment of
(a) an officer or employee of
(i) the government of British Columbia or Canada,
(ii) a municipality, a regional district or the trust council,
(iii) a treaty first nation, the Nisga'a Nation or a Nisga'a Village, or
(iv) a veterans' organization, or
(b) a person who is designated by regulation or is within a prescribed class of persons.
(3) The Lieutenant Governor in Council may make regulations for the purposes of subsection (2) (b) of this section designating persons or prescribing classes of persons to whose appointment section 57 does not apply.
Representative for Children and Youth Act
36 Section 10 of the Representative for Children and Youth Act, S.B.C. 2006, c. 29, is amended
(a) by repealing subsection (1) and substituting the following:
(1) In this section:
"committee" includes a committee designated under section 12 (5) of the Freedom of Information and Protection of Privacy Act;
"officer of the Legislature" has the same meaning as in the Freedom of Information and Protection of Privacy Act, but does not include the representative. , and
(b) by adding the following subsection:
(2.1) Subsection (2) does not apply with respect to information that would reveal the substance of deliberations of the Executive Council or any of its committees, including any advice, recommendations, policy considerations or draft legislation or regulations submitted or prepared for submission to the Executive Council or any of its committees.
Part 3 — Community and Rural Development Amendments
Municipalities Enabling and Validating Act (No. 3)
37 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:
Part 10 — 2010
35 In this Part:
"board" means the board of governors of The University of British Columbia;
"GVRD instrument" means a bylaw or resolution issued or adopted by the board of the Greater Vancouver Regional District under the Local Government Act or letters patent of the Greater Vancouver Regional District;
"Point Grey campus lands" means the lands in a prescribed geographical area that are owned in fee simple by The University of British Columbia;
"regional context statement" means a regional context statement referred to in section 39;
"UBC Area official community plan" means the Official Community Plan for Part of Electoral Area `A' adopted by the Greater Vancouver Regional District in Bylaw No. 840 - 1996, as amended from time to time.
36 This Part applies despite the Local Government Act and the letters patent of the Greater Vancouver Regional District.
37 (1) The UBC Area official community plan, with the modification set out in subsection (4) of this section, is deemed to be adopted by the minister as the land use plan for the Point Grey campus lands.
(2) The land use plan under subsection (1) is effective on the date that this Part comes into force and remains in effect until it is replaced with a land use plan adopted by the minister under section 42.
(3) Bylaw No. 840 - 1996 of the Greater Vancouver Regional District is repealed.
(4) For the purposes of subsection (1), the UBC Area official community plan is modified in Schedule A by changing the designated use of the block of land immediately west of Wesbrook Mall and north of Thunderbird Boulevard from "Future Housing" to "UBC Core".
(5) Sections 40, 41 and 42 (1) and (2) apply in respect of an amendment to the land use plan for the Point Grey campus lands deemed to be adopted by the minister under subsection (1) of this section, and for that purpose a reference to a "land use plan" in sections 40, 41 and 42 (1) and (2) must be read as a reference to a "land use plan amendment".
38 (1) If required by order of the minister, the board must develop and submit to the minister a land use plan for the Point Grey campus lands to replace the land use plan deemed to be adopted by the minister under section 37 that includes all of the following:
(a) a statement of the objectives and policies guiding decisions on planning and land use management within the Point Grey campus lands;
(b) a description of how the plan works towards the purpose and goals referred to in section 849 [regional growth strategy goals] of the Local Government Act;
(c) a regional context statement.
(2) The minister may, by order, establish one or more of the following:
(a) matters that are to be included in a land use plan in addition to the matters referred to in subsection (1);
(b) matters that the board must address in a regional context statement in addition to matters referred to in section 39, including the consistency between the land use plan and the regional growth strategy of the Greater Vancouver Regional District;
(c) the form of a land use plan;
(d) the manner in which the board must submit a land use plan to the minister;
(e) the date by which the board must submit a land use plan to the minister.
39 (1) A regional context statement in a land use plan for the Point Grey campus lands must describe the relationship between the land use plan and the regional growth strategy of the Greater Vancouver Regional District.
(2) A regional context statement and the rest of the land use plan must be consistent.
40 (1) During the development of a land use plan for the Point Grey campus lands, the board must
(a) provide one or more opportunities the board considers appropriate for consultation with persons, organizations and authorities the board considers will be affected by the proposed land use plan, and
(b) hold a public hearing respecting the proposed land use plan.
(2) The minister may, by order, impose requirements on the board relating to the consultations and public hearing under subsection (1).
41 When submitting a land use plan for the Point Grey campus lands to the minister for adoption, the board must submit with the land use plan a report, in the form specified by the minister, respecting all of the following:
(a) a description of the process of developing the land use plan;
(b) a description of the consultation process undertaken under section 40 and the outcome of that process;
(c) a description of the extent to which there is consistency between the land use plan and the regional growth strategy of the Greater Vancouver Regional District, including reasons for any inconsistencies;
(d) any other matter respecting the development of the land use plan or the proposed implementation of the land use plan as directed by the minister.
42 (1) The minister may
(a) by order, adopt a land use plan for the Point Grey campus lands submitted by the board, or
(b) reject a land use plan for the Point Grey campus lands submitted by the board.
(2) Before making a decision under subsection (1), the minister must
(a) review the report submitted under section 41, and
(b) consult with the minister responsible for the administration of the University Act.
(3) The land use plan for the Point Grey campus lands deemed to be adopted by the minister under section 37 ceases to have effect on the date of an order made by the minister under section 42 (1).
43 Sections 40, 41 and 42 (1) and (2) apply in respect of an amendment to the land use plan for the Point Grey campus lands adopted by the minister under section 42, and for that purpose a reference to a "land use plan" in sections 40, 41 and 42 (1) and (2) must be read as a reference to a "land use plan amendment".
44 While the land use plan for the Point Grey campus lands deemed to be adopted by the minister under section 37 or a land use plan for the Point Grey campus lands adopted by the minister under section 42 is in effect, a GVRD instrument that would otherwise be applicable to the Point Grey campus lands has no effect in respect to those lands except for
(a) GVRD instruments issued or adopted under any of the following:
(i) section 523 [health protection authority] of the Local Government Act in respect of public health or sanitary conditions;
(ii) section 799.1 [continuation of regional parks and trails] of the Local Government Act in respect of regional parks and regional trails;
(iii) section 800 (1) and (2) (a) to (e) [establishing bylaws required for most services] of the Local Government Act in respect of the services referred to in that section;
(iv) section 800 (2) (f) of the Local Government Act except for a service for which authority is expressly provided by Part 26 [Planning and Land Use Management] of that Act;
(v) section 808 [variable tax rate system] of the Local Government Act in respect of a variable tax rate system;
(vi) section 815 [financial plan] of the Local Government Act in respect of a financial plan;
(vii) Part 25 [Regional Growth Strategies] of the Local Government Act in respect of a regional growth strategy for the Greater Vancouver Regional District;
(viii) letters patent and supplementary letters patent issued by the following orders in council:
(A) Orders in Council 163/71, 1448/74 and 1099/75 in respect of public housing and housing;
(B) Orders in Council 4177/73 and 2125/82 in respect of labour negotiations;
(ix) any prescribed provision of the Local Government Act or any prescribed orders in council in respect of any prescribed matter, and
(b) the following GVRD instruments:
(i) Greater Vancouver Regional District E 9-1-1 Emergency Telephone Extended Service Establishment Bylaw No. 645, 1990;
(ii) Greater Vancouver Regional District Mosquito Control Service By-law No. 848-1996;
(iii) Greater Vancouver Regional District Regional Parks Service Conversion and Amendment Bylaw No. 1024, 2005;
(iv) Greater Vancouver Regional District Geospatial Reference System Service Establishment Bylaw No. 1030, 2005;
(v) Greater Vancouver Regional District Mosquito Control Administration and Coordination Service Establishment Bylaw No. 1034, 2005 (West Nile Virus);
(vi) Greater Vancouver Regional District Emergency Planning Service Establishment Bylaw No. 1079, 2008;
(vii) any other prescribed GVRD instrument.
45 (1) In this section, "land development" means the following:
(a) the alteration of land;
(b) the alteration, construction, removal or restoration of buildings or structures;
(c) the change in use of land, buildings or structures.
(2) The board must ensure that all
(a) agreements entered into by The University of British Columbia,
(b) rules, resolutions or similar authorities issued or adopted by the board,
(c) permits, licences or similar authorities issued or adopted by The University of British Columbia under an authority referred to in paragraph (b), and
(d) land development undertaken or authorized by the board
after the deemed adoption of the land use plan for the Point Grey campus lands under section 37 or the adoption of a land use plan for the Point Grey campus lands under section 42 must not be inconsistent with the relevant land use plan for the Point Grey campus lands.
46 (1) Despite this Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:
(a) providing an exception to or a modification of a provision in any enactment or providing for the application or continued application of a provision in any enactment in relation to the Point Grey campus lands;
(b) making provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties in relation to the land use plan for the Point Grey campus lands deemed to be adopted by the minister under section 37, a land use plan for the Point Grey campus lands adopted by the minister under section 42 and GVRD instruments having no effect in respect to the Point Grey campus lands.
(2) A regulation under subsection (1) may be made retroactive to a date not earlier than the date on which this Part comes into force.
(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.
(4) A regulation may not be made under subsection (1) after June 30, 2012 and a regulation made under that subsection ceases to have effect after that date.
47 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing a geographical area for the purposes of the definition of "Point Grey campus lands" in section 35;
(b) prescribing provisions of the Local Government Act, orders in council and matters for the purposes of section 44 (a) (ix) of this Part;
(c) prescribing GVRD instruments for the purposes of section 44 (b) (vii).
48 A reference to the UBC Area official community plan in any of the following that are in effect on the date this Part comes into force must be read as a reference to the land use plan for the Point Grey campus lands deemed to be adopted by the minister under section 37 or adopted by the minister under section 42, as applicable:
(a) an agreement to which The University of British Columbia is a party;
(b) an agreement to which UBC Properties Investments Trust Ltd., a company incorporated under the Business Corporations Act, is a party;
(c) a licence, permit, resolution, rule or similar authority issued or adopted by The University of British Columbia.
Vancouver Charter
38 Section 219 (2) (c) of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:
(c) the use of tax exemptions under sections 396A [exemptions for heritage property], 396C [exemptions for riparian property], 396E [revitalization tax exemptions] and 396F [exemptions for not for profit property].
39 Section 396 (1) (g) is amended by striking out "by by-law." and substituting "by by-law under section 396F [exemptions for not for profit property]."
40 The following section is added:
396F. (1) In this section:
"eligible not for profit property" means land or improvements, or both,
(a) in respect of which, either directly or through trustees, a not for profit corporation is the registered owner or owner under agreement, or
(b) that are held, either directly or through trustees, by a not for profit corporation, and
that the Council considers are used for a purpose that is directly related to the purposes of the not for profit corporation;
"not for profit corporation" means a charitable, philanthropic or other not for profit corporation.
(2) Despite section 396 [liability to taxation], the Council may, by by-law, exempt an eligible not for profit property from real property taxation under this Part, to the extent, for the period and subject to the conditions provided in the by-law.
(3) A by-law under this section
(a) must establish the term of the exemption, which may not be longer than 10 years, and
(b) does not apply to taxation in a calendar year unless it comes into force on or before October 31 in the preceding year.
(4) If only a portion of a parcel is exempt under this section, the by-law under this section must include a description of the exempt portion that is satisfactory to the British Columbia Assessment Authority.
(5) A by-law under this section ceases to apply to property that ceases to be an eligible not for profit property and, after this, the property is liable to taxation under this Part.
(6) Before adopting a by-law under this section, the Council must
(a) publish a notice of the proposed by-law in accordance with section 3, and
(b) consider the by-law in conjunction with the objectives and policies set out in the report under section 219 (2) (c) [use of permissive tax exemptions].
(7) The notice under subsection (6) (a) must
(a) identify the eligible not for profit property that would be subject to the by-law,
(b) describe the proposed exemption,
(c) state the number of years that the exemption may be provided, and
(d) provide an estimate of the amount of taxes that would be imposed on the eligible not for profit property if it were not exempt, for the year in which the proposed by-law is to take effect and the following 2 years.
41 (1) In this section:
"contribution agreement" means a contract entered into by Forest Renewal BC, before the repeal of the Forest Renewal Act, with a development corporation setting out the terms and conditions under which the development corporation participates in the program and under which Forest Renewal BC provided money to the development corporation under the program;
"development corporation" means a corporation, other than Forest Renewal BC, that is a party to a contribution agreement;
"Forest Renewal Act" means the Forest Renewal Act, R.S.B.C. 1996, c. 160;
"Forest Renewal BC" means the corporation continued under section 3 of the Forest Renewal Act, and dissolved under section 28 of the Budget Measures Implementation Act, 2002, S.B.C. 2002, c. 7;
"program" means the forest community business loans program established by Forest Renewal BC under the Forest Renewal Act, and continued under subsection (3) as the community business loans program, under which loans are provided to businesses by development corporations, with funds provided in part by Forest Renewal BC;
"program portfolio" means all of the rights, property, assets, obligations and liabilities in relation to the program transferred to and vested in the government under section 28 of the Budget Measures Implementation Act, 2002;
"successor entity" means a corporation or other entity that, as a result of the termination of a contribution agreement, receives money under the provisions of that contribution agreement.
(2) The minister is responsible for the administration of the program portfolio and, in carrying out that administration, the minister may exercise any of the rights and powers and perform any of the duties of the government in relation to the program portfolio.
(3) The forest community business loans program is continued under the name of the community business loans program.
(4) The purposes of the program are deemed to include supporting small businesses that are
(a) in one or more of the following sectors of the economy:
(i) the forest sector;
(ii) aquaculture;
(iii) manufacturing;
(iv) tourism;
(v) another prescribed sector of the economy,
(b) developing or using clean or renewable energy,
(c) developing innovative technology or using technology in an innovative manner,
(d) beginning or expanding the export of goods or services from British Columbia, or
(e) engaging in a prescribed activity, an activity within a prescribed class of activities, or a prescribed type of business.
(5) Without limiting subsection (2), the minister may amend a contribution agreement, with the consent of the development corporation that is a party to that contribution agreement, in any manner that is consistent with the purposes of the program, including, without limitation, the following:
(a) amending the classes of persons that are eligible to receive a loan from a development corporation;
(b) amending the permitted uses of the loan proceeds;
(c) increasing or decreasing the permitted maximum amount of the loan or loans that a person may receive;
(d) amending a provision relating to reporting by the development corporation or access to the records of the development corporation.
(6) Without limiting subsection (2), the minister may enter into a contract with a successor entity setting out the terms and conditions, consistent with the purposes of the program, under which the successor entity participates in the program, and for the purposes of this section,
(a) the contract is deemed to be a contribution agreement and to be part of the program portfolio, and
(b) the successor entity is deemed to be a development corporation.
(7) The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing a sector of the economy for the purposes of subsection (4) (a) (v);
(b) prescribing an activity, a class of activities or a type of business for the purposes of subsection (4) (e);
(c) defining a word or expression used but not defined in this section.
Part 4 — Education Amendments
School Act
42 Section 8.2 of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following paragraph:
(d) school safety, including the installation and operation of video surveillance cameras.
43 The following section is added:
74.01 (1) A board may install and operate a video surveillance camera in a school facility or on school land for the purposes of protecting
(a) the safety of individuals in a school facility or on school land,
(b) an individual's belongings in a school facility or on school land, or
(c) school property
with the prior approval of the school planning council for the school where the board proposes to install and operate a video surveillance camera.
(2) A school planning council may make recommendations to a board to install and operate a video surveillance camera in a school facility or on school land for the purposes set out in subsection (1).
(3) If a board
(a) has installed and operates a video surveillance camera in a school facility or on school land before the date this section comes into force, or
(b) installs and operates a video surveillance camera in a school facility or on school land for the purposes set out in subsection (1),
the board must conduct an annual review that assesses if the installation and operation of the video surveillance camera is accomplishing a purpose set out in subsection (1).
(4) Subsections (1) to (3) do not apply to the installation and operation of a video surveillance camera in a school facility or on school land on a temporary basis for a specific investigative purpose.
(5) Subsection (1) does not apply to a video surveillance camera installed in a school facility or on school land before the date this section comes into force.
44 Section 166.4 (1) is amended by adding "74.01," after "Sections 73, 74,".
Part 5 — Energy, Mines and Petroleum Resources Amendments
Carbon Tax Act
45 Sections 64 (9) and 75 (1) of the Carbon Tax Act, S.B.C. 2008, c. 40, are amended by striking out "section 71" and substituting "section 71 (1)".
46 Section 71 is amended
(a) by renumbering the section as section 71 (1), and
(b) by adding the following subsection:
(2) The prohibition in subsection (1) does not apply in respect of the names and addresses of collectors.
Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act
47 Section 1 of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, S.B.C. 2008, c. 16, is amended in the definition of "Part 3 fuel"
(a) by repealing paragraph (a) and substituting the following:
(a) gasoline class fuel;
(a.1) diesel class fuel; , and
(b) by repealing everything after paragraph (c) and substituting the following:
(d) any other energy source prescribed by regulation,
but does not include an energy source excluded by regulation; .
48 Section 5 is amended by adding the following subsections:
(3) If a Part 2 fuel supplier exceeds its renewable fuel obligation for a compliance period, the Part 2 fuel supplier may
(a) notionally retain the excess up to the prescribed percentage of the obligation, and
(b) apply that amount towards its renewable fuel obligation for the next compliance period.
(4) Despite section 2, if a Part 2 fuel supplier does not meet its renewable fuel obligation for a compliance period, the Part 2 fuel supplier may
(a) defer the deficiency up to the prescribed percentage of the obligation, excluding any amount that must be added under paragraph (b) from the previous compliance period, and
(b) add that amount to its obligation for the next compliance period.
49 Section 6 (3) (b) is amended
(a) by repealing subparagraph (i), and
(b) in subparagraph (iii) by striking out "by the Part 3 fuel supplier" and substituting "by a Part 3 fuel supplier or by a manufacturer or importer of Part 3 fuel".
50 Section 8 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) as applicable,
(i) apply an amount transferred to it under paragraph (a) (i) as a credit against its attributable greenhouse gas emissions for a prescribed compliance period, or
(ii) apply an amount transferred to it under paragraph (a) (ii) as an increase of its attributable greenhouse gas emissions for the same compliance period, or , and
(b) by adding the following subsection:
(3) Subject to the regulations, a Part 3 fuel supplier may
(a) notionally retain an amount of carbon dioxide equivalent emissions equal to all or part of the amount the Part 3 fuel supplier could have had attributable to the Part 3 fuel that it supplied in a compliance period without exceeding the prescribed carbon intensity, and
(b) apply that amount as a credit against its attributable greenhouse gas emissions for a prescribed compliance period.
51 The following Part is added:
Part 3.1 — Fuel Labelling Requirements
8.1 In this Part, "purchaser" means a person who, within British Columbia, buys or receives delivery of fuel
(a) for the person's own use or for use by another person at the first person's expense, or
(b) on behalf of or as an agent for a principal for use by the principal or by other persons at the expense of the principal.
8.2 A person who provides to a purchaser gasoline class fuel, or diesel class fuel, that contains renewable fuel must comply with the regulations requiring
(a) the posting of labels, or
(b) that notice be given to the purchaser
respecting the renewable fuel content of the fuel.
52 Section 10 is amended
(a) in subsection (1) by striking out everything after "the following formula:" and substituting the following:
| administrative penalty = | |
(actual CI – required CI) x | sum of (EER x EC for each fuel) | – NEcredit + NEincrease | |
x PR |
| 1,000,000 |
| where | ||
| actual CI | = | the weighted average of the carbon intensities of all Part 3 fuels supplied by the Part 3 fuel supplier in the compliance period before taking into account notional emissions under section 8; |
| required CI | = | the prescribed level of carbon intensity for the compliance period; |
| EC | = | energy content of a fuel; |
| EER | = | energy efficiency effectiveness ratio; |
| NE credit | = | notional emissions credited under section 8; |
| NE increase | = | notional emissions increased under section 8; |
| PR | = | the penalty rate prescribed by regulation; , and |
(b) by adding the following subsection:
(1.1) In subsection (1):
"energy content", in relation to a fuel, means the prescribed energy density for the fuel multiplied by the quantity of the fuel supplied in the compliance period;
"energy effectiveness ratio", in relation to a fuel, means the energy effectiveness ratio prescribed for the fuel;
"notional emissions credited under section 8" means the net amount in tonnes of carbon dioxide equivalent emissions retained or transferred by or to the Part 3 fuel supplier under section 8 that the Part 3 fuel supplier is applying under section 8 (1) (b) (i) or (3) (b) for the compliance period;
"notional emissions increased under section 8" means the net amount in tonnes of carbon dioxide equivalent emissions transferred by or to the Part 3 fuel supplier under section 8 that the Part 3 fuel supplier must apply under section 8 (1) (b) (ii) for the compliance period.
53 Section 11 (5) and (6) is repealed and the following substituted:
(5) An administrative penalty under this section is due on the date the compliance report to which it relates is due but may not be recovered under section 13 until one of the following has occurred:
(a) the fuel supplier admits the non-compliance and its extent in writing;
(b) the time for appealing the determination of non-compliance or its extent has elapsed and no appeal has been commenced;
(c) the determination of non-compliance or its extent is appealed and a final determination is made.
(6) An administrative penalty under this section must be paid to the government in accordance with the regulations.
54 Section 15 is amended
(a) by adding the following subsection:
(2.1) A person that contravenes section 8.2 by
(a) failing to label fuel dispensing equipment or give notice in the circumstances required by the regulations,
(b) labelling fuel dispensing equipment or giving notice in a form or manner that does not comply with the regulations, or
(c) providing false or misleading information on a label or notice required under section 8.2
commits an offence. , and
(b) in subsection (6) by striking out "under subsection (5)" and substituting "under subsection (2.1) or (5)".
55 Section 22 (3) (c) (ii) is repealed and the following substituted:
(ii) any notional transfers and their application under section 8 [transferring or retaining carbon dioxide equivalent emissions]; .
56 Section 24 (3) (c) is amended by striking out "different types or classes of fuels," and substituting "different types or classes of fuels or different compliance periods,".
57 Section 25 is amended
(a) by renumbering the section as section 25 (1),
(b) in subsection (1) (e) by striking out "providing for sales" and substituting "providing, with or without conditions, for sales",
(c) in subsection (1) by adding the following paragraph:
(f.1) for purposes of regulations under paragraph (e) or (f), deeming a sale of Part 2 fuel that is not the first time the fuel is sold after it is manufactured or brought into British Columbia to be the first sale of the fuel after it is manufactured or brought into British Columbia; ,
(d) in subsection (1) (m) by striking out "on notional transfers under section 5" and substituting "on notional transfers or retentions under section 5",
(e) in subsection (1) by adding the following paragraph:
(o) authorizing the director, on application in accordance with the regulations, to exempt a Part 2 fuel supplier from compliance with section 2 (1) or (2) in relation to one or more prescribed classes of Part 2 fuel for a compliance period, if
(i) the director, on considering the prescribed matters, is satisfied that the fuel supplier meets the prescribed criteria, and
(ii) the fuel supplier supplies the prescribed amount or less of the prescribed class or classes, as applicable, of Part 2 fuel in the compliance period. , and
(f) by adding the following subsection:
(2) An exemption under subsection (1) (o)
(a) is conditional until the Part 2 fuel supplier submits a report under section 3 showing that the Part 2 fuel supplier supplied the amount prescribed under subsection (1) (o) (ii) or less of the prescribed class or classes of Part 2 fuel in the compliance period, and
(b) is cancelled and has no effect if the Part 2 fuel supplier's report under section 3 for the compliance period shows that the fuel supplier supplied more than the amount prescribed under subsection (1) (o) (ii) of the prescribed class or classes of Part 2 fuel in that compliance period.
58 Section 26 is amended
(a) by renumbering the section as section 26 (1),
(b) in subsection (1) by adding the following paragraph:
(a.1) excluding an energy source from being included as a Part 3 fuel, including excluding the energy source on the basis of the purpose for which it is reasonably expected to be used; ,
(c) in subsection (1) (b) by striking out "related to the life cycle of the fuel and its fuel feedstock" and substituting "related to the life cycle of the fuel, including its feedstock,",
(d) in subsection (1) (d) by striking out "providing for sales" and substituting "providing, with or without conditions, for sales",
(e) in subsection (1) by adding the following paragraph:
(e.1) for purposes of regulations under paragraph (d) or (e), deeming a sale of Part 3 fuel that is not the first time the fuel is sold after it is manufactured or brought into British Columbia to be the first sale of the fuel after it is manufactured or brought into British Columbia; ,
(f) in subsection (1) (n) by striking out "notional transfers and applications" and substituting "notional transfers, notional retentions, and their application",
(g) by repealing subsection (1) (p),
(h) in subsection (1) by adding the following paragraph:
(q) authorizing the director, on application in accordance with the regulations, to exempt a Part 3 fuel supplier from compliance with section 6 (1) in relation to one or more prescribed classes of Part 3 fuel for a compliance period, if
(i) the director, on considering the prescribed matters, is satisfied that the fuel supplier meets the prescribed criteria, and
(ii) the fuel supplier supplies the prescribed amount or less of the prescribed class or classes, as applicable, of Part 3 fuel in the compliance period. , and
(i) by adding the following subsection:
(2) An exemption under subsection (1) (q)
(a) is conditional until the Part 3 fuel supplier submits a report under section 7 showing that the Part 3 fuel supplier supplied the amount prescribed under subsection (1) (q) (ii) or less of the prescribed class or classes of Part 3 fuel in the compliance period, and
(b) is cancelled and has no effect for the compliance period if the Part 3 fuel supplier's report under section 7 for the compliance period shows that the fuel supplier supplied more than the amount prescribed under subsection (1) (q) (ii) of the prescribed class or classes of Part 3 fuel in that compliance period.
59 Section 27 is amended
(a) by striking out "and" at the end of paragraph (b) (i),
(b) by adding ", and" at the end of paragraph (b) (ii),
(c) in paragraph (b) by adding the following subparagraph:
(iii) requiring the director to serve a person with a notice of intent to impose an administrative penalty and provide the person with an opportunity to be heard before sending an administrative penalty notice; ,
(d) in paragraph (c) (v) by striking out "prescribing whether an administrative penalty notice must be cancelled if the person on whom it was served demonstrates" and substituting "prohibiting the director from serving an administrative penalty notice on a person who has demonstrated",
(e) by repealing paragraph (e) and substituting the following:
(e) establishing procedures for providing a person on whom a notice of intent to impose an administrative penalty has been served with an opportunity to be heard, which may include opportunities that do not involve an oral hearing; , and
(f) in paragraph (g) by striking out "imposing additional administrative penalties;" and substituting "imposing additional administrative penalties under section 12;".
60 The following sections are added:
27.1 Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations requiring a person that provides to a purchaser gasoline class fuel, or diesel class fuel, that contains renewable fuel to label its fuel dispensing equipment or provide notice to the purchaser
(a) in the prescribed circumstances,
(b) in the form and manner specified in the regulation, and
(c) identifying the renewable fuel and the range of renewable fuel content contained in the gasoline class fuel or diesel class fuel.
29.1 (1) Despite section 2, a Part 2 fuel supplier may apply to the director in accordance with the regulations for authorization to
(a) defer up to the prescribed percentage of its obligation in respect of diesel class fuel for the 2010 or 2011 compliance periods, and
(b) add
(i) that amount to its obligation in respect of diesel class fuel for one of the following 2 compliance periods, or
(ii) parts of that amount, totalling the full amount deferred under paragraph (a), to its obligation in respect of diesel class fuel for the following 2 compliance periods.
(2) An application under subsection (1) must
(a) include the prescribed information,
(b) demonstrate a need for the deferral, and
(c) include a plan demonstrating that the Part 2 fuel supplier will be able to meet the obligation under subsection (1) (b) within the following 2 compliance periods.
(3) Before approving an application under subsection (1), the director
(a) may request additional information,
(b) must be satisfied in respect of the matters under subsection (2) (b) and (c), and
(c) may consider other relevant factors.
(4) A Part 2 fuel supplier whose application is approved under subsection (3) for a compliance period may not defer under section 5 (4) in relation to its obligation in respect of diesel class fuel for that compliance period.
Hydro and Power Authority Act
61 Section 32 (7) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended by adding the following paragraph:
(c.3) the Greenhouse Gas Reduction (Renewable and Low Carbon fuel Requirements) Act; .
Mineral Tenure Act
62 Section 6.31 (1) of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended by adding the following paragraph:
(a.1) a subdivision of a claim under section 24.3; .
63 Section 6.7 (d) is amended by adding the following subparagraphs:
(iii) a mining lease and a placer claim;
(iv) a mining lease and a placer lease.
64 Section 12 is repealed and the following substituted:
12 The following are individual and distinct mineral titles constituted, acquired and maintained independently:
(a) a mineral claim;
(b) a placer claim;
(c) a mining lease;
(d) a placer lease.
65 Section 22 is amended by adding the following subsections:
(5) If some or all of the land comprising a mineral reserve established under this or a former Act is subsequently included in one or more other mineral reserves under subsection (1), in the area of the overlap,
(a) to the extent the terms or conditions that apply in one mineral reserve are not inconsistent with the terms or conditions that apply in the other mineral reserves, all those terms and conditions apply in the area of the overlap, and
(b) to the extent that the terms or conditions that apply in one mineral reserve, whether established before or after another mineral reserve, conflict or are inconsistent with the terms or conditions that apply in other mineral reserves, the terms or conditions having the highest rank under subsection (6) apply in the area of the overlap.
(6) Terms or conditions imposed in a regulation under this section are ranked from the highest to the lowest as follows:
(a) an absolute prohibition of a mining activity under subsection (2) (c);
(b) a prohibition of mining activity under specified circumstances under subsection (2) (c);
(c) a prohibition under subsection (2) (a);
(d) a prohibition under subsection (2) (d).
(7) If a mineral reserve to which subsections (5) (b) and (6) apply is cancelled and subsection (5) (b) continues to apply in respect of reserves that overlapped with the cancelled reserve, the terms or conditions having the highest rank under subsection (6) apply in the area of the overlap.
(8) Subsections (5) to (7) are retroactive to the extent necessary to apply to all mineral reserves that overlap with other mineral reserves on the date this section comes into force.
66 The following section is added:
24.3 In accordance with the regulations, the recorded holder of a cell claim comprising 2 or more cells may subdivide the claim into 2 or more cell claims that are not less than one cell in size.
67 Section 42 is repealed and the following substituted:
42 (1) A recorded holder of a mineral claim who wishes to replace the mineral claim with a lease must do all of the following:
(a) comply with section 6.32 and pay the prescribed fee;
(b) if required to do so by the chief gold commissioner, have the mineral claim over which the mining lease will be issued surveyed by a British Columbia land surveyor and have the survey approved by the Surveyor General;
(c) post a notice in the prescribed form in the office of the chief gold commissioner stating that the recorded holder intends to apply for a mining lease;
(d) publish promptly in one issue of the Gazette, and once each week for 4 consecutive weeks in a newspaper circulating in the area in which the mineral claim is situated, a copy of the notice referred to in paragraph (c).
(2) A recorded holder referred to in subsection (1) must also submit to the chief gold commissioner information that satisfies the chief gold commissioner that the recorded holder has a genuine intention to use the mineral lands for the production of a mineral.
(3) For the purposes of subsection (2), the chief gold commissioner may require the recorded holder to provide other information, which may include, but is not limited to, the following:
(a) whether an environmental assessment certificate under the Environmental Assessment Act is required in relation to the proposed mineral production and, if a certificate is required,
(i) whether the certificate has been issued, or
(ii) the steps that have been taken to comply with the order of the executive director or the minister, as applicable, under that Act in respect of the scope of the assessment and the procedures and methods for conducting the assessment;
(b) whether a permit under section 10 of the Mines Act is required in relation to the proposed mineral production and, if a permit is required,
(i) whether the permit has been issued, or
(ii) the stage in the permit approval process that the application has reached.
(4) The chief gold commissioner may issue a mining lease if the chief gold commissioner is satisfied that the recorded holder
(a) has met all the requirements of subsection (1), and
(b) has a genuine intention to use the mineral lands for the production of a mineral.
(5) A mining lease under subsection (4) must be issued
(a) for a term not longer than 30 years, and
(b) on the conditions the chief gold commissioner considers necessary.
(6) If,
(a) during the term of a mining lease issued under subsection (4), the lessee complies with this Act, the regulations and any conditions of the mining lease, and
(b) the chief gold commissioner is satisfied that the lease is required for the production of a mineral,
the lessee is entitled to a renewal of the mining lease for one or more further terms not exceeding 30 years each.
(7) The right of renewal of a mining lease under subsection (6) applies to a lease issued before December 1, 1995.
68 Section 45 is repealed and the following substituted
45 (1) A recorded holder of a placer claim, or a placer lease issued under a former Act, who wishes to replace it with a lease issued under this Act must do all the following:
(a) comply with section 6.32 and pay the prescribed fee;
(b) deliver to the chief gold commissioner a plan of survey of the area of the lease, prepared and carried out in accordance with the regulations;
(c) post a notice in the prescribed form in the office of the chief gold commissioner stating that the recorded holder intends to apply for a placer lease;
(d) publish a copy of the notice referred to in paragraph (c) as required under the regulations.
(2) A recorded holder referred to in subsection (1) must also submit to the chief gold commissioner information that satisfies the chief gold commissioner that the recorded holder has a genuine intention to use the mineral lands for the production of a placer mineral.
(3) For the purposes of subsection (2), the chief gold commissioner may require the applicant to provide other information, which may include, but is not limited to, the following:
(a) whether an environmental assessment certificate under the Environmental Assessment Act is required in relation to the proposed placer mineral production and, if a certificate is required,
(i) whether the certificate has been issued, or
(ii) the steps that have been taken to comply with the order of the executive director or the minister, as applicable, under that Act in respect of the scope of the assessment and the procedures and methods for conducting the assessment;
(b) whether a permit under section 10 of the Mines Act is required in relation to the proposed placer mineral production and, if a permit is required,
(i) whether the permit has been issued, or
(ii) the stage in the permit approval process that the application has reached.
(4) The chief gold commissioner may issue a placer lease if the chief gold commissioner is satisfied that
(a) the recorded holder has met all the requirements of subsection (1), and
(b) the recorded holder has a genuine intention to use the mineral lands for the production of a placer mineral.
(5) A placer lease under subsection (4) must be issued
(a) for a term not longer than 10 years, and
(b) on the conditions the chief gold commissioner considers necessary.
(6) If,
(a) during the term of a placer lease issued under subsection (4), the lessee complies with this Act, the regulations and any conditions of the placer lease, and
(b) the chief gold commissioner is satisfied that the lease is required for the production of a placer mineral,
the lessee is entitled to a renewal of the placer lease for one or more further terms not exceeding 10 years each.
(7) A placer lease is subject to the terms and conditions that may be prescribed.
(8) In addition to any terms and conditions referred to in subsection (7) that apply to a placer lease, if a placer lease is issued and no legal survey of the area of the placer lease was performed by a British Columbia land surveyor, it is a term of the placer lease that the lessee must indemnify and save harmless the government against any loss or damage sustained by the government arising out of the issuance of the placer lease.
(9) If a placer lease is issued based on a technical survey and the technical survey plan is later found to be inaccurate, the chief gold commissioner may amend the plan and revise the area of the placer lease.
69 Section 65 (2) (o) is repealed and the following substituted:
(o) establishing fees or charges for performing duties or providing services under this Act;
(o.1) setting the amount of a fee, charge, rent, payment or cost, authorized under this Act; .
70 Section 65 (2.1) (d) is amended by striking out "a reduction in the size of a cell claim and" and substituting "a reduction in the size of a cell claim, a subdivision of a cell claim into 2 or more cell claims and".
71 Section 67 is amended
(a) by renumbering the section as section 67 (2),
(b) by adding the following subsection:
(1) In this section, "intervening claim" means a claim that is in respect of land that was subject to a forfeited claim or an expired lease and is registered in the period between
(a) the date the record of the forfeited claim or expired lease was deleted from the registry, and
(b) the date the chief gold commissioner makes an order in respect of the forfeiture or expiry under subsection (2). ,
(c) in subsection (2) by striking out "the chief gold commissioner may set aside" and substituting "the chief gold commissioner, by order, may set aside", and
(d) by adding the following subsections:
(3) The chief gold commissioner, under section 6.36, may delete an intervening claim from the registry.
(4) No legal proceeding lies or may be commenced or maintained, and no compensation is payable, in respect of a deletion under subsection (3).
Motor Fuel Tax Act
72 Sections 57.1 (9) and 64 (3) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, are amended by striking out "section 62" and substituting "section 62 (1)".
73 Section 62 is amended
(a) by renumbering the section as section 62 (1), and
(b) by adding the following subsection:
(2) The prohibition in subsection (1) does not apply in respect of the names and addresses of collectors.
74 If made on or before December 31, 2010, regulations under section 25, 26 or 27 of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act may be made retroactive to January 1, 2010, and if made retroactive, are retroactive to that date.
Part 6 — Environment Amendments
Greenhouse Gas Reduction (Cap and Trade) Act
75 Section 1 of the Greenhouse Gas Reduction (Cap and Trade) Act S.B.C. 2008, c. 32, is amended by adding the following definition:
"contingency account" means a contingency account established under section 14 (4) [compliance unit tracking system]; .
76 Section 2 (3) is amended by striking out "RCUs" wherever it appears and substituting "BCERUs or RCUs".
77 Section 4 is amended
(a) in subsection (2) by striking out "The operator of" and substituting "Subject to subsection (2.1), the operator of", and
(b) by adding the following subsection:
(2.1) Subsection (2) does not apply in relation to inaccuracies, omissions or changes that are considered to be immaterial under the regulations.
78 Section 14 is amended by adding the following subsection:
(4) The compliance unit tracking system may include one or more contingency accounts held by the government into which the director may, in accordance with the regulations, issue or direct the issuance of a portion of the BCERUs from accepted emission reduction projects.
79 Section 36 is amended
(a) in subsection (3) (b) by striking out "major source category:" and substituting "prescribed categories of sources:", and
(b) in subsection (4) by adding the following paragraph:
(c.1) for the purpose of verifying reports under this Act.
80 Section 37 is amended
(a) in subsection (2) by striking out "or" at the end of paragraph (b) and by adding the following paragraphs:
(d) an organization responsible for accrediting persons qualified to conduct validations or verifications under this Act, or
(e) an organization that has been designated or established for the purposes of collecting information regarding greenhouse gas emissions within a cap and trade system. , and
(b) by adding the following subsection:
(3) With the prior approval of the Lieutenant Governor in Council, the minister may enter into agreements
(a) with Canada, another province or another jurisdiction in or outside Canada, or with an agent of any of them, respecting emission reduction projects carried out in other jurisdictions, including, without limitation, inspection and enforcement and accounting for reductions of emissions, or
(b) with all or any of the following for the purposes of the requirements of this Act or the regulations relating to validations and verifications:
(i) the administrative authority;
(ii) an authority referred to in section 40 (c) [units from other authorities];
(iii) Canada, another province or another jurisdiction in or outside Canada, or with an agent of any of them;
(iv) an organization responsible for accrediting persons qualified to conduct validations or verifications under this Act;
(v) an organization referred to in subsection (2) (e).
81 Section 38 (3) (c) is amended by striking out "and" at the end of subparagraph (ii), by adding "and" at the end of subparagraph (iii) and by adding the following subparagraph:
(iv) different classes of compliance unit tracking system accounts or account holders, .
82 Section 39 is amended
(a) in paragraph (a) 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) referring to a prescribed level of
(A) attributable greenhouse gas emissions, or
(B) attributable greenhouse gas emissions from prescribed categories of sources. ,
(b) by adding the following paragraphs:
(b.1) respecting operations that are regulated operations or may become regulated operations during a compliance period, including, without limitation,
(i) requiring those operations to register with, or submit information to, the director, and
(ii) respecting the timing, form, content and manner of registration and submission of the information;
(b.2) respecting operations that are reporting operations or may become reporting operations during a reporting period, including, without limitation,
(i) requiring those operations to register with, or submit information to, the director,
(ii) respecting the timing, form, content and manner of registration and submission of the information, and
(iii) respecting the submission and approval of plans for the monitoring and quantification of attributable greenhouse gas emissions by those operations; ,
(c) in paragraph (e) (i) and (ii) by striking out "RCUs" and substituting "BCERUs and RCUs", and
(d) by adding the following paragraph
(g) respecting inaccuracies, omissions or changes that are considered to be immaterial for the purposes of section 4 (2.1) [emissions reports].
83 Section 40 is amended
(a) in paragraph (b) by adding "and" at the end of subparagraph (i), by striking out "and" at the end of subparagraph (iii) and by repealing subparagraphs (ii) and (iv), and
(b) by adding the following paragraphs:
(b.2) respecting the purposes for which accounts may be held, and requiring a person engaged in a prescribed activity or using an account for a prescribed purpose to be a member of a prescribed self regulatory organization;
(e) respecting the quantity of compliance units that may be held by or on behalf of a person at any point in time;
(f) respecting the transfer of compliance units, including without limitation,
(i) establishing or designating an exchange or order matching system for the purposes of establishing or facilitating the establishment of contracts for the transfer of compliance units,
(ii) prohibiting or regulating the transfer of compliance units where the contract for transfer of the units has not been established, or where offers forming the basis for the contract were not published, through the exchange or system established or designated under subparagraph (i), and
(iii) requiring the reporting to the administrative authority of information related to the transaction by the exchange or system established or designated under subparagraph (i) or by parties to the transaction.
84 The following section is added:
40.1 (1) Without limiting any other provision of this Act, the minister may make regulations as follows:
(a) respecting the conditions under which BCERUs may be issued in relation to classes of emission reduction projects and, without limitation,
(i) requiring the owner or operator of an emission reduction project to give security to the minister in the amount and form and subject to the conditions specified, or authorizing a director to require the owner or operator of an emission reduction project to give security to the minister in the amount and form and subject to the conditions the director may specify,
(ii) respecting contingency accounts, including, without limitation,
(A) the classes of emission reduction projects for which a portion of BCERUs must be issued into a contingency account,
(B) the portions of BCERUs to be issued into a contingency account from prescribed classes of emission reduction projects, and
(C) the retirement of units from a contingency account into a retirement account, and
(iii) requiring the owner or operator of an emission reduction project to provide evidence that a covenant under section 219 of the Land Title Act, statutory right of way under section 218 of that Act or other charge as defined in that Act has been entered into in favour of the Crown, and respecting the terms and conditions that are to be included in the covenant, right of way or other charge;
(b) respecting the implementation of classes of emission reduction projects by project proponents, including, without limitation,
(i) requiring proponents to ensure that project plans are implemented, and
(ii) requiring proponents to retire compliance units or transfer compliance units into a contingency account in specified circumstances.
(2) If there is a conflict or inconsistency between a regulation made under this section and a regulation made by the Lieutenant Governor in Council under another provision of this Act, the regulation of the Lieutenant Governor in Council applies.
85 Section 41 is amended
(a) in paragraph (b) (ii) by adding "or transfer" after "retirement", and
(b) by adding the following paragraph:
(b.1) requiring account holders to report information relating to compliance units, derivatives of compliance units or the compliance unit tracking system and respecting to whom the reports are to be submitted and the timing, form, content and manner of submission of the reports; .
86 Section 42 is amended
(a) in paragraph (b) by striking out "and" at the end of subparagraph (i), by adding ", and" at the end of subparagraph (ii) and by adding the following subparagraph:
(iii) requiring the director to serve a person with a notice of intent to impose an administrative penalty and provide the person with an opportunity to be heard before sending an administrative penalty notice; ,
(b) in paragraph (c) (vi) by striking out "prescribing whether an administrative penalty notice must be cancelled if the person on whom it was served demonstrates" and substituting "prohibiting the director from serving an administrative penalty notice on a person who has demonstrated",
(c) by repealing paragraph (e) and substituting the following:
(e) establishing procedures for providing a person on whom a notice of intent to impose an administrative penalty has been served with an opportunity to be heard, which may include opportunities that do not involve an oral hearing; , and
(d) in paragraph (g) by striking out "imposing additional administrative penalties;" and substituting "imposing additional administrative penalties under section 19;".
87 Section 45 is amended
(a) by renumbering the section as section 45 (1),
(b) in subsection (1) by adding the following paragraphs:
(c.1) requiring validation of proposals referred to in section 9 (2) (a) [emission reduction projects];
(c.2) respecting the conduct of validations and verifications under this Act;
(c.3) establishing requirements and standards respecting qualifications, accreditation, conflict of interest and other matters relating to persons who perform validations or verifications under this Act; , and
(c) by adding the following subsection:
(2) Without limiting subsection (1) (a), regulations under that subsection may provide that reports under this Act are to be submitted to
(a) the administrative authority,
(b) Canada, another province or another jurisdiction in or outside Canada, or an agent of any of them, or
(c) an organization referred to in section 37 (2) (e) [information-sharing and other agreements].
Part 7 — Forests and Range Amendments
Forest Act
88 Section 54 of the Forest Act, R.S.B.C. 1996, c. 157, is amended
(a) in subsection (2) by adding the following paragraph:
(d.1) in the case of a disposition of an agreement in relation to which the holder of the agreement has a replaceable contract with a contractor, all obligations of the holder of the agreement under the replaceable contract are assumed by the recipient of the agreement, , and
(b) by adding the following subsection:
(3) In subsection (2) (d.1), "replaceable contract" and "contractor" have the same meaning as in section 152.
Part 8 — Healthy Living and Sport Amendments
Tobacco Control Act
89 Section 2.4 of the Tobacco Control Act, R.S.B.C. 1996, c. 451, is amended by renumbering the section as section 2.4 (1) and by adding the following subsection:
(2) Despite subsection (1), the minister may order an exemption from a provision of the regulations made in relation to this section in respect of a person who retails tobacco from a building or structure that
(a) is a protected heritage property within the meaning of the Local Government Act or of the Vancouver Charter, and
(b) in the opinion of the minister, has a historic connection to the retail of tobacco.
Part 9 — Housing and Social Development Amendments
Gaming Control Act
90 Section 1 (1) of the Gaming Control Act, S.B.C. 2002, c. 14, is amended
(a) by repealing the definition of "certificate of affiliation", and
(b) in the definition of "gaming event licence" by striking out "Part 4" and substituting "Part 5".
91 Section 7 is amended
(a) by repealing subsection (1) (b),
(b) by repealing subsection (1) (f) and substituting the following:
(f) subject to subsection (1.1), may enter into agreements with registered gaming services providers for services required in the conduct, management or operation of provincial gaming, ,
(c) in subsection (1) (h) by striking out "and horse racing" and "or horse racing", and
(d) by adding the following subsection:
(1.1) An agreement described in subsection (1) (f) must require the gaming service provider to provide the services referred to in subsection (1) (f) under the control of the lottery corporation.
92 Section 14 (2) to (4) is repealed.
93 Division 4 of Part 2 is renumbered as Part 2.1 with the following heading:
Part 2.1 — Horse Racing Betting Fees .
94 Section 16 is amended
(a) in subsection (1) by striking out "the lottery corporation" and substituting "the government", and
(b) by repealing subsection (2) and substituting the following:
(2) Despite the Financial Administration Act, in each fiscal year, the fees collected under this section must be applied as follows, in order of priority:
(a) firstly, by paying into the consolidated revenue fund an amount equal to the voted amount in the estimates for the regulation of horse racing by the branch;
(b) secondly, by dividing between or among prescribed organizations, that the minister may recommend, in prescribed proportions, that may differ for different organizations, any balance of collected fees remaining after the payment under paragraph (a).
(3) Before recommending an organization to the Lieutenant Governor in Council for the purpose of subsection (2) (b), the minister must be satisfied that the organization's objectives include the improvement of horse racing, of the economic viability of horse racing or of both and that it is actively pursuing one or more of those objectives.
(4) It is a condition of a payment under subsection (2) (b) to an organization prescribed for the purpose of subsection (2) (b) that the organization spend the money solely for the improvement of horse racing, of the economic viability of horse racing in British Columbia or of both.
95 Section 27 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The general manager is the head of the branch and is responsible, under the direction of the minister and with reference to the responsibility of the branch under section 23, for the enforcement of this Act. , and
(b) by repealing subsection (3) (a) and substituting the following:
(a) direct that the branch conduct an investigation respecting
(i) the integrity of lottery schemes or horse racing, or
(ii) the conduct, management, operation or presentation of lottery schemes or horse racing, .
96 Section 28 (1) is amended
(a) in paragraph (a) by striking out "at a gaming facility," and substituting "at a gaming facility or in relation to provincial gaming,",
(b) in paragraph (e) by striking out "at a gaming facility or a gaming event",
(c) by repealing paragraph (f) and substituting the following:
(f) respecting standards for security and surveillance
(i) at gaming facilities or gaming premises or classes of gaming facilities or gaming premises, or
(ii) in relation to gaming operations or classes of gaming operations, ,
(d) by repealing paragraph (j) (ii) is repealed and the following substituted:
(ii) may be retained by or paid to a gaming services provider in connection with the conduct, management, operation or presentation of lottery schemes, , and
(e) in paragraph (k) by striking out "at gaming facilities".
97 Section 40 (1) is repealed and the following substituted:
(1) The general manager may make rules for the purposes of this Part respecting security and surveillance
(a) at gaming facilities or gaming premises or classes of gaming facilities or gaming premises, or
(b) in relation to gaming operations or classes of gaming operations.
98 Sections 41 (4) and (5) and 42 are repealed.
99 Section 54 (2) is amended by adding the following paragraph:
(g.1) if a fee is imposed under paragraph (g) for requesting an internal review of a decision referred to in section 25 (4) in relation to a horse racing licence or any other decision of the general manager under this Part, providing for a refund of that fee if, on completion of the review, the person requesting the review obtains a decision that is
(i) different than the decision reviewed, and
(ii) consistent with the decision sought by the person who requested the review; .
100 Section 62 (1) (c) is repealed and the following substituted:
(c) at the time of the application, the prescribed application fee, unless exempted from this requirement by regulation under section 105 (1) (d.1), and .
101 Section 69 (1) is repealed and the following substituted:
(1) For any of the reasons under section 68, the general manager may
(a) issue a warning to a registrant, or
(b) do any of the following in relation to one or more gaming premises of a registrant:
(i) cancel the registrant's registration or suspend it for a period of time;
(ii) impose new conditions on the registrant's registration or vary existing conditions of that registration.
102 Section 74 is repealed.
103 Section 75 is amended
(a) by striking out "gaming equipment" wherever it appears and substituting "gaming supplies", and
(b) in subsection (2) (a) by striking out "has" in both places and substituting "have".
104 Section 78 (2) is repealed and the following substituted:
(2) The general manager or an inspector may conduct inspections and audits for the purposes of
(a) assessing applications for licences, grants under Part 6 or registration, as the case may be,
(b) monitoring compliance of licensees, eligible organizations and registrants with this Act, the regulations, the rules and the conditions of licences and registration, and
(c) monitoring compliance of the lottery corporation with this Act and the regulations.
105 Section 79 is amended
(a) in subsection (1) by striking out "section 78 (2) (b)," and substituting "section 78 (2) (b) and (c),", and
(b) by repealing subsection (1) (a) and substituting the following:
(a) enter and inspect or audit gaming facilities, gaming premises and any gaming operation, .
106 Section 81 (2) is amended by striking out "administration and".
107 Section 82 (1) and (2) is amended by striking out "section 78 (2) (b)" and substituting "section 78 (2) (b) or (c)".
108 Section 86 is repealed and the following substituted:
86 (1) On request of the general manager and within the time period specified by the general manager in the request, the lottery corporation, a registrant, a licensee and an eligible organization must provide to the general manager any information, records or things that the general manager considers relevant to an investigation or an investigative audit under this Act.
(2) The lottery corporation, a registrant and a licensee must notify the general manager immediately about any conduct, activity or incident occurring in connection with a lottery scheme or horse racing, if the conduct, activity or incident involves or involved
(a) the commission of an offence under a provision of the Criminal Code that is relevant to a lottery scheme or horse racing, or
(b) the commission of an offence under this Act.
109 Section 92 is amended by striking out "is undesirable," and substituting "is undesirable or that the person on the premises is a participant in a voluntary self-exclusion program,".
110 Section 93 is amended by adding the following subsection:
(3) A person is not entitled to any prize or winnings as a result of the person's participation in gaming at a gaming facility if written notice referred to in section 92 (b) has been delivered to the person in accordance with section 92 (b).
111 Section 97 is amended by adding the following subsection:
(2.1) A registrant, a licensee or an eligible organization who contravenes section 86 (1) or (2) commits an offence.
112 Section 98 (2) is amended by striking out "section 97 (2) (b) or (c)" and substituting "section 97 (2) (b) or (c) or (2.1)".
113 Section 105 (1) is amended
(a) in paragraph (c) by striking out "for licences or for applications for licences," and substituting "for gaming event licences or for applications for gaming event licences,",
(b) in paragraph (d) by striking out "for registrations or for applications for registrations," and substituting "for registrations under Part 8 or for applications for those registrations,",
(c) by adding the following:
(d.1) exempting an applicant for a class of registration from the requirement of section 62 (1) (c);
(v) imposing a fee for requesting an internal review of a decision referred to in section 25 (4) in relation to a licence, registration or application referred to in subsection (1) (c) and (d) of subsection (1) of this section;
(w) providing for a refund of a fee imposed under paragraph (v) if, on completion of the review, the person requesting the review obtains a decision that is
(i) different than the decision reviewed, and
(ii) consistent with the decision sought by the person who requested the review. ,
(d) in paragraph (q) by striking out "section 14 (2) (c);" and substituting "section 16 (2) (b);", and
(e) in paragraph (s) by striking out "Division 4 of Part 2" and substituting "Part 2.1".
Liquor Control and Licensing Act
114 Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended
(a) by repealing the definition of "agency store",
(b) by repealing the definition of "agent" and substituting the following:
"agent" means, for the purposes of section 52,
(a) a liquor manufacturer representing itself as agent,
(b) a person hired by a liquor manufacturer to represent the manufacturer as agent, or
(c) a person who represents a manufacturer who manufactures liquor outside British Columbia; ,
(c) by adding the following definition:
"employee" means an employee of the branch appointed under section 4; ,
(d) by repealing the definition of "liquor store" and substituting the following:
"liquor store" means a government liquor store, government beer store or government wine store; , and
(e) by repealing the definition of "officer".
115 Section 2 (2) is amended by striking out "from the Liquor Distribution Branch" and substituting "from the Liquor Distribution Branch, or from a licensee who holds a prescribed class or category of licence,".
116 Section 4 is amended
(a) in subsection (1) by striking out "Officers and other employees required for the purposes of this Act" and substituting "Employees required for the purposes of this Act", and
(b) in subsection (2) by striking out "officers" and substituting "employees".
117 Section 6 (f) is amended by striking out "officials" and substituting "employees".
118 Section 7 is amended
(a) by repealing subsection (1) and substituting the following:
(1) On application in the form established by the general manager, the general manager, a store manager or a licensee who holds a prescribed class or category of licence may, on payment of the prescribed fee by the applicant, and subject to the regulations, if any, issue a special occasion licence entitling the applicant to sell or serve liquor
(a) at a designated establishment for a special occasion, the purpose of which is named in the licence, and
(b) in accordance with this Act and the regulations and the terms and conditions of the licence. ,
(b) in subsection (3) by striking out "to a store manager or other employee" and substituting "to a class of persons", and
(c) by adding the following subsections:
(3.1) In deciding whether to issue a licence under this section, the general manager may consider whether the applicant is a fit and proper person.
(3.2) If the general manager considers whether the applicant is fit and proper for the purposes of subsection (3.1), section 16 (2) and (2.2) applies.
(3.3) The general manager may refuse to issue a licence under this section if, at the time of the application, a fine, monetary penalty or suspension has been imposed under this Act on the applicant and,
(a) in the case of a fine, the fine has become payable under the Offence Act, and has not been fully paid,
(b) in the case of a monetary penalty,
(i) the monetary penalty has become payable,
(ii) the time period for payment of the monetary penalty has expired, and
(iii) the monetary penalty has not been fully paid, or
(c) in the case of a suspension, the suspension has taken effect and has not been fully served.
(3.4) A store manager or licensee referred to in subsection (1) must, on the direction of the general manager, refuse to issue a licence under this section.
(3.5) The general manager may determine the days and hours a licence under this section may be in effect and how frequently a licence may be issued to an applicant or in respect of an establishment.
(4.1) The general manager or a peace officer may cancel a licence issued under this section if, in the general manager's opinion or in the opinion of the peace officer,
(a) the circumstances on the basis of which the licence was applied for and issued have changed so that they no longer meet the requirements of this Act or the regulations for issuance of the licence, or
(b) the circumstances on the basis of which the licence was issued did not exist at the time the licence was issued or the licence was otherwise issued in error.
(9) Section 20, except section 20 (1) (c) and (d) and (2) (f), applies to
(a) an applicant to whom a licence under this section is issued entitling the applicant to sell or serve liquor, and
(b) a person referred to in paragraph (a) following the expiry of the special occasion licence, provided that the general manager commences enforcement action against the person within 6 months after the expiry of the licence,
and for that purpose,
(c) a reference in section 20 to "licensee" must be read to include a person referred to in paragraph (b), and
(d) a reference in section 20 to "licensed establishment" must be read as a reference to the designated establishment in respect of which the licence under this section is issued.
119 Section 10 is repealed and the following substituted:
10 (1) In this section:
"assisted living residence" has the same meaning as in the Community Care and Assisted Living Act;
"community care facility" has the same meaning as in the Community Care and Assisted Living Act;
"hospital" has the same meaning as in the Hospital Act.
(2) Despite section 40 but subject to subsections (3) and (4) of this section, a person in charge of an assisted living residence, a community care facility or a hospital may, subject to the terms and conditions imposed by the general manager, if any,
(a) allow liquor to be provided to a patient or resident of that institution or a guest of the patient or resident, and
(b) charge for the liquor provided under paragraph (a).
(3) The general manager may prohibit a specified assisted living residence, community care facility or hospital from doing a thing referred to in subsection (2).
(4) This section does not affect section 41 and does not apply to an offence under section 48 (1) in respect of a contravention of section 41.
120 Section 11.3 is amended
(a) in subsection (1) by striking out "or renewed",
(b) in subsections (1) to (3) by striking out "or renewal" wherever it appears, and
(c) in subsection (3) by striking out "or renew".
121 The following section is added:
11.31 (1) Despite sections 11.1 and 11.3 and regulations under those sections, the Lieutenant Governor in Council may make regulations
(a) exempting a class or category of licence or class of establishment or licensed establishment from one or more of the requirements under one or both of those sections, and
(b) substituting and governing a different process or different requirements for consultation with local governments and first nations for a class or category of licence or class of establishment or licensed establishment exempted under paragraph (a).
(2) Regulations under this section may be different for different classes or categories of licences or different classes of establishments or licensed establishments.
122 Section 12 is amended
(a) by repealing subsection (3) (j), and
(b) by adding the following subsection:
(5.1) Despite subsection (5), if, within one year of the expiry date referred to in that subsection, a licensee applies to renew its licence, the general manager may, subject to payment of the prescribed fees, renew the licence.
123 Section 12.1 is amended by adding the following subsection:
(6.1) Despite subsection (6), if, within one year of the expiry date referred to in that subsection, a licensee applies to renew its licence, the general manager may, subject to payment of the prescribed fees, renew the licence.
124 Section 16 is amended
(a) by repealing subsection (2) and substituting the following:
(2) In deciding if a person is fit and proper for the purposes of subsection (1) (a), the general manager
(a) must consider convictions of the person under the laws of Canada or a province or the bylaws of a municipality or regional district in British Columbia, and
(b) may consider
(i) administrative penalties levied against the person under a law of Canada or a province,
(ii) the financial integrity of the person, and
(iii) other factors the general manager believes are relevant to the consideration.
(2.1) The general manager may at any time, on the general manager's own initiative, if the general manager thinks it necessary or desirable, determine whether a licensee is a fit and proper person.
(2.2) The general manager may conduct an investigation that the general manager considers is or may be necessary for the purpose of determining whether a person or licensee is fit and proper. , and
(b) in subsection (3) by striking out "issued, renewed or transferred" and substituting "issued, renewed, transferred or amended".
125 Section 17 is amended by adding the following subsections:
(3) In deciding whether to grant approval under this section, the general manager must determine whether the other person is a fit and proper person, and section 16 (2) and (2.2) applies to the determination.
(4) The general manager may at any time, on the general manager's own initiative, if the general manager thinks it necessary or desirable, determine whether a person using the licence of a licensee is a fit and proper person, and section 16 (2) and (2.2) applies to the determination.
(5) If, in the general manager's opinion, the other person is not a fit and proper person, the approval must not be granted or must be withdrawn, as the case may be.
126 Section 18 is amended
(a) by repealing subsection (1),
(b) in subsections (2) and (2.1) by striking out "subsection (1), (1.1) or (1.2)" and substituting "subsection (1.1) or (1.2)",
(c) in subsection (2) by striking out "whether or not that subsection applies to that person",
(d) in subsection (2.1) by striking out "whether or not that subsection applies to that licensee", and
(e) by repealing subsections (2.2), (3) and (4) and substituting the following:
(4) Subject to the regulations, the general manager may specify that a licence, other than a licence referred to in section 52, 57 or 58, must not be issued, renewed or transferred
(a) to a person who has agreed or arranged with another to sell the liquor of a manufacturer to the exclusion of the liquor of another manufacturer, or
(b) to a liquor manufacturer or the manufacturer's agent, or to a person who is so associated with, connected with or financially interested in them, that it is likely to promote the sale of liquor for that manufacturer or person.
127 Section 19 (2) and (3) is repealed.
128 Section 22 (3) is amended by striking out "to specified officers and peace officers" and substituting "to a class of employees or peace officers".
129 Section 23 is amended
(a) in subsection (1) by striking out "may suspend or impose conditions" and substituting "may, without a hearing, suspend or impose terms and conditions",
(b) by adding the following subsections:
(2.1) The general manager may, without a hearing, suspend a licence or impose terms and conditions on a licence for a period not exceeding 14 days, if the general manager has reasonable grounds to believe that it is in the public interest to prevent the licensed establishment from continuing to operate as a result of extraordinary circumstances existing at, or being associated with the operation of, the licensed establishment.
(2.2) If under subsection (2.1), the general manager suspends a licence or imposes terms and conditions on a licence, the general manager must
(a) provide the licensee with written notice of the suspension of the licence or imposition of terms and conditions on the licence,
(b) set out in the notice the reasons for taking the action, and
(c) set out in the notice the details of the action including, if a suspension is imposed, the period of the suspension and the dates of the suspension. , and
(c) in subsection (3) by striking out "suspension of or the imposition of conditions on" and substituting "suspension of, or imposition of terms and conditions on,".
130 Sections 24, 25 and 27 to 29 are repealed.
131 Section 32 is amended
(a) in subsection (1) by striking out "or other officer or employee of the branch" and substituting "or employee", and
(b) in subsection (2) by striking out "or an officer or employee of the branch" and substituting "or an employee".
132 Section 34 is amended by adding the following subsection:
(5) This section, except as subsection (1) applies to the consumption of liquor, does not apply to a minor
(a) who is employed or contracted by a municipal police board, the provincial police force or the general manager to test the compliance of a licensee with section 33 or 35 or the regulations, and
(b) while the minor is engaged in that employment or under that contract and accompanied or supervised by a peace officer or an employee.
133 Section 36 is amended
(a) by repealing subsections (1) and (3),
(b) in subsection (2) (a) by striking out "gambling,", and
(c) in subsection (2) by adding "or" at the end of paragraph (a), by striking out ", or" at the end of paragraph (b) and by repealing paragraph (c).
134 Section 38 is amended
(a) by adding the following subsection:
(2.1) Provided that a person to whom a special occasion licence has been issued under section 7 is registered as a charity with the Canada Revenue Agency,
(a) an agent as defined in section 1 or a liquor manufacturer may give liquor that has been purchased from the Liquor Distribution Branch to the person to sell in accordance with the terms and conditions of the special occasion licence and this Act and the regulations, and
(b) the person to whom the special occasion licence has been issued may sell the liquor referred to in paragraph (a) in accordance with the terms and conditions of the special occasion licence and this Act and the regulations. , and
(b) in subsection (3) (a) by adding "or from a licensee who holds a prescribed class or category of licence referred to in section 2 (2)" after "the Liquor Distribution Branch".
135 Section 38.1 (2) is repealed and the following substituted:
(2) Subsection (1) does not prevent a licensee from diluting or adulterating liquor in a drink at the request of a customer ordering that drink or in anticipation of a customer ordering that drink.
136 Section 40 (1) is amended by striking out "a person must not consume liquor in a public place" and substituting "a person must not, in a public place, consume liquor or possess liquor in an open container".
137 Section 42 is amended by striking out ", liquor store or agency store" and substituting "or liquor store".
138 Section 45 is repealed and the following substituted:
45 Subject to the regulations, the general manager may specify that a licensee must not offer or give, agree to offer or give, demand, accept or receive, or agree to accept or receive, money, gifts, reward or remuneration, directly or indirectly, for promoting, inducing or furthering the sale of liquor.
139 Section 52 is amended
(a) in subsection (3) by striking out "A liquor manufacturer or agent must not give liquor to a person" and substituting "An agent must not give or sell liquor to a person",
(b) in subsection (5) by striking out "or importer",
(c) in subsection (5) by striking out "the prescribed amount" and substituting "the maximum amount authorized by the general manager",
(d) by adding the following subsection:
(5.1) An agent
(a) may advertise and promote liquor manufactured by the manufacturer the agent represents to licensees, liquor stores and the public, and
(b) may only sell liquor manufactured by the manufacturer the agent represents to the Liquor Distribution Branch in a manner authorized by the general manager of the Liquor Distribution Branch. , and
(e) by repealing subsection (6).
140 Section 54 is repealed and the following substituted:
54 A licensee may, subject to the regulations and the terms and conditions imposed on the licence by the general manager, sponsor an event, activity or organization under
(a) the corporate name of the licensee,
(b) the name of the licensed establishment, or
(c) the brand name of the product sold by the licensee.
141 Section 57 is amended
(a) in subsections (1) (a) and (2) (a) by striking out "the Liquor Distribution Branch" and substituting "the Liquor Distribution Branch and otherwise in accordance with the terms and conditions of the licence",
(b) in subsection (4) by adding ", under section 12," after "the general manager may" and by striking out "expiring on the date specified on it as the expiry date",
(c) in subsection (6) by striking out "an officer or peace officer" and substituting "the general manager or a peace officer",
(d) in subsection (7) by striking out "An officer" and substituting "The general manager",
(e) in subsection 8 (a) and (b) by striking out "an officer or peace officer" and substituting "the general manager or a peace officer", and
(f) in subsection (8) (c) by striking out "an officer" and substituting "the general manager".
142 Section 58 is amended
(a) in subsection (3) (a) by striking out "in accordance with the regulations" and substituting "in accordance with the terms and conditions of the licence",
(b) in subsection (3) (f) by striking out ", in accordance with the regulations," and substituting ", in accordance with the terms and conditions of the licence,", and
(c) by adding the following paragraph:
(g) in accordance with the terms and conditions of the licence, sell the wine produced by that winery to the public for consumption other than at the winery.
143 Section 62 (3), (3.1) and (4) is amended by striking out "toilet, confectionery, culinary, cleaning or disinfecting preparation" wherever it appears and substituting "toilet, confectionery, culinary, herbal remedy, cleaning or disinfecting preparation".
144 Section 65 is repealed.
145 Section 66 is amended by striking out "The amount imposed for licence fee under sections 57 and 58 and an amount set under section 65 are" and substituting "The amount imposed for a licence fee under sections 57 and 58 is".
146 Section 69 (1) is amended
(a) by striking out "If the officer" and substituting "If a person", and
(b) in paragraph (b) by striking out "the officer" and substituting "the person".
147 Section 70 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) If liquor is found by the general manager, an employee or a peace officer under circumstances that satisfy the general manager, employee or peace officer that the liquor is being possessed or kept contrary to this Act, the Liquor Distribution Act or the regulations under either of them, the general manager, employee or peace officer may immediately seize and remove the liquor and packages containing it and
(a) may retain the liquor and packages to be dealt with under this section, or
(b) may immediately destroy the liquor and packages.
(2) If liquor is seized under subsection (1) but not destroyed under subsection (1) (b), and no person by notice in writing filed with the general manager within 30 days of the date of the seizure claims that the liquor seized under subsection (1) was lawfully possessed or kept for lawful purposes by that person at the time of the seizure, the liquor and the packages containing it are forfeited to the government. ,
(b) in subsection (4) by striking out "claiming to be the owner of the liquor" and substituting "claiming that the liquor seized under subsection (1) was lawfully possessed or kept for lawful purposes by that person at the time of the seizure",
(c) by repealing subsection (4) (a) and substituting the following:
(a) in respect of liquor that is still in the custody of the general manager, an employee or a peace officer, order that the liquor be returned to the person, ,
(d) in subsection (4) (b) by striking out "the owner" and substituting "the person",
(e) by repealing subsection (4) (c) and substituting the following:
(c) in respect of liquor that has been destroyed by the general manager or an employee under subsection (1) (b), provide for compensation to the person by the branch. , and
(f) by adding the following subsection:
(4.1) If a person claiming that the liquor seized under subsection (1) was lawfully possessed or kept for lawful purposes by the person at the time of the seizure fails to establish his or her claim and right to possession of the liquor, the liquor and the packages containing it are forfeited to the government.
148 Sections 70 (3) (a) and 71 (1) (a) are amended by striking out "minister" and substituting "general manager".
149 Section 71 is amended
(a) in subsection (2) by striking out "he or she must advise the minister of its value and",
(b) in subsection (2) by striking out "under this Act" and substituting "under the Liquor Distribution Act",
(c) by repealing subsection (3), and
(d) in subsection (4) by striking out "the minister" and substituting "the general manager of the Liquor Distribution Branch".
150 Section 72 is repealed.
151 Section 84 (2) is amended
(a) by repealing paragraphs (b) and (c) and substituting the following:
(b) respecting special occasion licences, and, without limiting this,
(i) providing mechanisms for consultation by the general manager or store manager with local governments, first nations and police before issuing the licences, and
(ii) imposing a requirement on applications for the licences, on the licensees or on the designated establishments in respect of which the licences are issued that is additional to a requirement in section 7, with power to delegate a matter or confer a discretion in relation to the requirement;
(c) setting and imposing fees and charges payable under this Act by applicants for licences and permits, by licensees, by permit holders or by other persons who obtain or require the benefits or services of the branch, with power to impose different fees for different types of benefits or services and on different classes or categories of persons, licences, permits, establishments and licensed establishments; ,
(b) by adding the following paragraphs:
(b.1) respecting licences issued to clubs;
(z.3) setting out exceptions or restrictions or establishing rules for the purposes of section 18 (4) or 45 (1). ,
(c) in paragraph (g) by striking out "agency stores,",
(d) in paragraph (m) by striking out "to officers or other persons or to a committee, which may include the general manager or officers or both" and substituting "to employees or persons or to a class of employee or person or to a committee, which may include the general manager or employees or both",
(e) by repealing paragraphs (q) and (r),
(f) in paragraph (y) by striking out "by a liquor manufacturer or an agent under section 52" and substituting "by a licensee", and
(g) by adding the following subsections:
(4.2) Without limiting subsection (3) (a) or (4), regulations under subsection (2) (i) may, in the case of a licence referred to in section 57, set terms and conditions respecting
(a) the production of
(i) liquor by a distiller, or
(ii) malt liquor by a brewer, and
(b) sale by a distiller or brewer of its own products to the public for consumption other than at the licensed establishment.
(4.3) Without limiting subsection (3) (a) or (4), regulations under subsection (2) (i) may, in the case of a licence referred to in section 58, set terms and conditions respecting
(a) the production or manufacture of wine by a winery,
(b) sale by a winery of wine produced at the winery and wine produced by other wineries licensed under section 12 to the public for consumption at the winery, and
(c) sale by a winery of wine produced at the winery to the public for consumption other than at the winery.
152 Section 84 (4) (i) is amended by striking out "and holding".
Liquor Distribution Act
153 Section 1 of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended
(a) by repealing the definitions of "agency store" and "agent",
(b) by repealing paragraph (b) in the definition of "authorized vendor",
(c) in paragraph (d) of the definition of "authorized vendor" by striking out "a duty free liquor store, including", and
(d) in the definition of "liquor store" by striking out ", or an agency established by the general manager under this Act".
154 Sections 18 (5) and 22 are repealed.
155 Section 21 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The general manager may establish ship chandlers in British Columbia to sell liquor solely to persons leaving Canada. , and
(b) in subsection (2) by striking out "those stores" and substituting "ship chandlers".
156 Sections 26 and 28 are amended by striking out "or agency store".
157 Section 27 (1) and (2) is amended by striking out "or agent" wherever it appears.
Liquor Statutes Amendment Act, 1999
158 Sections 1, 2 (a), 4, 7, 9, 17 to 19, 24 and 37 of the Liquor Statutes Amendment Act, 1999, S.B.C. 1999, c. 36, are repealed.
Safety Standards Act
159 Section 1 of the Safety Standards Act, S.B.C. 2003, c. 39, is amended
(a) by adding the following definition:
"alternative safety approach" means a written proposal, accepted by a safety manager under section 33, which
(a) sets out approaches to safety that are consistent with the objectives under this Act and are substituted for one or more requirements of the regulations, or
(b) if the regulations do not address safety in respect of particular regulated work or a particular regulated product, establishes a plan consistent with the objectives under this Act for the safe undertaking of that regulated work or the safe use of that regulated product; , and
(b) by repealing the definition of "equivalent standards agreement".
160 Section 10 is amended by adding the following subsection:
(3) If a provincial safety manager accepts, for use under an alternative safety approach, a regulated product that does not have a certification mark or an approval mark attached,
(a) the provincial safety manager must order the proponent of the alternative safety approach to
(i) attach to the regulated product a notice stating that the regulated product has been accepted for use in accordance with an alternative safety approach, or
(ii) if it would be impractical to attach the notice referred to in subparagraph (i), ensure that the notice accompany the regulated product or post the notice where the regulated product is to be used or installed, and
(b) the regulated product may be used only in accordance with the requirements, terms and conditions of the alternative safety approach.
161 Section 17 (1) (a) is repealed and the following substituted:
(a) subject to the regulations,
(i) accept, with or without terms and conditions, an alternative safety approach,
(ii) vary the terms and conditions of, or impose new terms and conditions on, an alternative safety approach, and
(iii) suspend or cancel an alternative safety approach; .
162 Section 22 (1), (3) and (4) is repealed and the following substituted:
(1) The minister or a local government that administers this Act and the regulations may collect information necessary for
(a) the issuing of any licence, permit, certificate, variance, safety order, discipline order or compliance order under this Act or other document required under this Act, or
(b) the evaluation of a proposed alternative safety approach.
(3) The minister or a local government that
(a) issues a licence, permit, certificate, variance, safety order, discipline order or compliance order under this Act, or
(b) accepts an alternative safety approach
must submit a record of its issue or acceptance, and its contents, to the registrar in a form specified by the registrar.
(4) The minister or a local government that administers this Act and the regulations must not
(a) issue a permit or variance under this Act, or
(b) accept an alternative safety approach
unless the applicant or the proponent, as applicable, already holds an appropriate and current licence or other permission recorded in the registry.
163 The heading to Division 3 of Part 7 is repealed and the following substituted:
Division 3 — Alternative Safety Approaches .
164 Section 33 is repealed and the following substituted:
33 (1) A proposal for an alternative safety approach must be submitted to a safety manager in the form and in the manner acceptable to the safety manager.
(2) In accordance with the regulations and sections 34 and 35, a safety manager may accept a proposed alternative safety approach if
(a) the safety manager considers that the proposed alternative safety approach limits the risk of personal injury or damage to property to a level that is consistent with the objectives of this Act and the regulations made under it, and
(b) in all the circumstances, the safety manager is satisfied that the proposed alternative safety approach should be accepted.
(3) If a safety manager accepts an alternative safety approach,
(a) the proponent is exempt from one or more requirements of the regulations as set out in the alternative safety approach, if any, except as modified by the safety manager,
(b) the exemption under paragraph (a) continues for the time set out in the alternative safety approach, except
(i) as modified by the safety manager,
(ii) during any period the alternative safety approach is suspended, or
(iii) if the alternative safety approach is cancelled, and
(c) any matter addressed in the alternative safety approach may be inspected for the purpose of determining the following:
(i) whether the proponent is complying with the requirements, terms and conditions of the alternative safety approach;
(ii) the extent to which the alternative safety approach is meeting the objectives of this Act and the regulations made under it.
(4) The proponent of an accepted alternative safety approach is responsible for ensuring that persons who undertake regulated work or use a regulated product that is the subject of the alternative safety approach comply with the requirements, terms and conditions of that alternative safety approach.
(5) If a safety manager refuses to accept, or suspends or cancels, an alternative safety approach,
(a) the safety manager must provide the proponent, on the proponent's request, with written reasons for the refusal, suspension or cancellation, and
(b) the refusal, suspension or cancellation is not appealable to the appeal board.
165 Section 34 is amended
(a) in subsections (1), (2) and (3) by striking out "enter into an equivalent standards agreement" and substituting "accept an alternative safety approach",
(b) in subsection (3) by striking out "under the agreement" and substituting "for the alternative safety approach", and
(c) by adding the following subsection:
(4) For the purposes of subsection (3), "administrator" means either of the following:
(a) the minister;
(b) a local government to which administration of this Act and the regulations is delegated under section 5.
166 Section 35 is amended
(a) in subsections (1), (2) and (3) (a) and (b) by striking out "enter into an equivalent standards agreement" and substituting "accept an alternative safety approach",
(b) in subsection (2) by striking out "enter into an agreement" and substituting "accept an alternative safety approach", and
(c) in subsection (3) (a) by striking out "the agreement" and substituting "the alternative safety approach".
167 Section 38 (1) (a) (i) and (ii) is amended by striking out "regulations," and substituting "regulations, or a requirement, term or condition of an alternative safety approach,".
168 Section 40 (1) is amended
(a) in paragraph (e) by striking out ", equivalent standards agreement", and
(b) by adding the following paragraph:
(f) a requirement, term or condition of an alternative safety approach.
169 Section 42 (1) (e) is repealed and the following substituted:
(e) fails to comply with a requirement, term or condition of an alternative safety approach, or .
170 Section 63 is amended
(a) in paragraph (d) by striking out ", an equivalent standards agreement", and
(b) by adding the following paragraph:
(e) contravene a requirement, term or condition of an alternative safety approach.
171 Section 72 (1) (f) is repealed and the following substituted:
(f) knowingly furnishes false information in
(i) any application under this Act,
(ii) any statement or return required to be furnished under this Act, or
(iii) any proposal for an alternative safety approach under this Act.
172 Section 88 is amended
(a) by repealing subsection (2) (m) and (u) and substituting the following:
(u) for the purposes of section 17 (2),
(i) assigning additional powers to a safety manager, and
(ii) providing that, in respect of additional powers relating to alternative safety approaches, provincial safety managers only, or all safety managers, may exercise those powers; , and
(b) by adding the following subsection:
(3) Without limiting subsection (1), the minister may make regulations respecting alternative safety approaches, including the following:
(a) respecting regulated work or regulated products that may be the subject of an alternative safety approach;
(b) respecting the submission, amendment or renewal of an alternative safety approach, including
(i) making requirements in relation to content, and
(ii) requiring, at a proponent's expense, persons not associated with the proponent to perform duties in respect of the submission, amendment or renewal;
(c) respecting criteria to be considered in determining whether to accept a proposed alternative safety approach;
(d) for the purposes of paragraph (c), conferring a power on a provincial safety manager to establish
(i) categories of alternative safety approaches based on hazards that present a risk of personal injury or damage to property, and
(ii) for each category established under subparagraph (i), requirements that must be included in alternative safety approaches that fall within that category;
(e) respecting premises, equipment, staff, record keeping and production, monitoring, analysis and reporting, including
(i) designating persons, by title or otherwise, who are responsible for communicating with safety officers and ensuring compliance with the requirements, terms and conditions of an alternative safety approach, and
(ii) requiring, at a proponent's expense, persons who are not associated with the proponent to perform duties in respect of an alternative safety approach;
(f) respecting criteria to be considered in determining whether to suspend or cancel a proposed alternative safety approach;
(g) respecting procedures that must be followed before
(i) terms and conditions of an alternative safety approach may be varied or new terms and conditions imposed,
(ii) a safety manager may require an alternative safety approach to be amended, or
(iii) an alternative safety approach may be suspended or cancelled;
(h) making different regulations for different classes of regulated work, regulated products, hazards or alternative safety approaches.
173 (1) In this section:
"appointment" means an appointment under section 18 (5) of the Liquor Distribution Act;
"endorsement" means an endorsement on a class or category of licence under the Liquor Control and Licensing Act;
"licence" means a licence under the Liquor Control and Licensing Act.
(2) The Lieutenant Governor in Council may make regulations as follows:
(a) providing for the conversion on a prescribed date of an appointment or a class of appointment to a licence or class or category of licence;
(b) providing for the conversion on a prescribed date of an appointment or a class of appointment to an endorsement or class of endorsement;
(c) providing for the conversion on a prescribed date of an application for an appointment or a class of appointment to an application for a class or category of licence or an endorsement or class of endorsement.
(3) A regulation under this section may do one or more of the following:
(a) despite anything in the Liquor Control and Licensing Act or the regulations, specify that a term or condition of an appointment or a class of appointment is a term or condition of the licence, class or category of licence, endorsement or class of endorsement to which the appointment or class of appointment is converted;
(b) set terms and conditions of the licence, class or category of licence, endorsement or class of endorsement to which the appointment or class of appointment is converted that differ from those in the appointment or class of appointment;
(c) apply one or more of the terms and conditions of an existing class or category of licence or class of endorsement to a licence, a class or category of licence, an endorsement or a class of endorsement to which an appointment or a class of appointment is converted;
(d) vary the terms and conditions of an appointment or a class of appointment on its conversion to a licence, a class or category of licence, an endorsement or a class of endorsement;
(e) prohibit one or both of the following:
(i) the issuance of a class or category of licence or class of endorsement, which class or category originates from the conversion under this section of an appointment or class of appointment, otherwise than as a conversion under this section;
(ii) applications for a class or category of licence or class of endorsement, which class or category originates from the conversion under this section of an appointment or class of appointment;
(f) permit the general manager to do one or more of the things referred to in paragraphs (a) to (e) in a specific case or class of cases as determined by the general manager.
(4) Without limiting subsection (3) (a), a regulation under this section may exempt from the requirements in section 16 (1) (b) and (c) of the Liquor Control and Licensing Act a licence or class or category of licence to which an appointment or a class of appointment is converted if the appointment or class of appointment immediately prior to its conversion did not comply with or contain those requirements.
(5) Regulations under this section may
(a) be different for
(i) different appointments or classes of appointments,
(ii) different licences or classes or categories of licences, and
(iii) different endorsements or classes of endorsements, and
(b) may prescribe different dates for conversion of different appointments or classes of appointments.
Part 10 — Public Safety and Solicitor General Amendments
Civil Forfeiture Act
174 Section 1 (1) of the Civil Forfeiture Act, S.B.C. 2005, c. 29, is amended
(a) by repealing the definition of "instrument of unlawful activity" and substituting the following:
"instrument of unlawful activity" means any of the following:
(a) property that has been used to engage in unlawful activity that, in turn,
(i) resulted in or was likely to result in the acquisition of property or an interest in property, or
(ii) caused or was likely to cause serious bodily harm to a person;
(b) property that is likely to be used to engage in unlawful activity that may
(i) result in the acquisition of property or an interest in property, or
(ii) cause serious bodily harm to a person;
(c) property that is realized from the disposition of property described in paragraph (a) or (b) under an order of the court under section 8 (3) (d) [interim preservation order]; , and
(b) in the definition of "proceeds of unlawful activity" by adding the following paragraph:
(d) property that is realized from the disposition of the whole or a portion of an interest in property described in paragraph (a), (b) or (c) under an order of the court under section 8 (3) (d) [interim preservation order]; .
175 Section 6 is repealed and the following substituted:
6 (1) If a court determines that the forfeiture of property or the whole or a portion of an interest in property under this Act is clearly not in the interests of justice, the court may do any of the following:
(a) refuse to issue a forfeiture order;
(b) limit the application of the forfeiture order;
(c) put conditions on the forfeiture order.
(2) In the case of property that is proceeds of unlawful activity, the court may grant relief from forfeiture under subsection (1) if a party to the proceedings commenced under section 3 (1) proves both of the following:
(a) she or he did not, directly or indirectly, acquire the property as a result of unlawful activity committed by the party;
(b) she or he
(i) was the rightful owner of the property before the unlawful activity occurred and was deprived of possession or control of the property by means of the unlawful activity,
(ii) acquired the property for fair value after the unlawful activity occurred and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity, or
(iii) acquired the property from
(A) a person who was the rightful owner of the property before the unlawful activity occurred and who was deprived of possession or control of the property by means of the unlawful activity, or
(B) a person who acquired the property for fair value after the unlawful activity occurred and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity.
176 Section 7 is amended
(a) by renumbering the section as section 7 (1),
(b) by repealing subsection (1) (b) and substituting the following:
(b) subject to subsection (2), in the case of personal property or the whole or a portion of an interest in personal property, at the time a notice is registered under section 23 (2) with respect to the property or the whole or a portion of an interest in the property. , and
(c) by adding the following subsection:
(2) A forfeiture order made with respect to personal property, or the whole or a portion of an interest in personal property, that is or would be refused registration in the personal property registry by the registrar under the Personal Property Security Act, is deemed to be effective on the date that proceedings are commenced under section 3, and the order is retroactive to the extent necessary to give it force and effect on and after that date.
177 Section 8 is amended
(a) by adding the following subsection:
(2.1) The director may make an application under subsection (1) or (2) on her or his own initiative or on consent of one or more parties to the proceeding under section 3. ,
(b) by repealing subsection (3) and substituting the following:
(3) On application under subsection (1) or (2), the court may make one or more of the following orders relating to the preservation, management or disposition of property or the whole or a portion of an interest in property for the purposes of this Act:
(a) an order restraining the disposition or transmission of the property or the whole or the portion of the interest in property;
(b) an order for the possession, delivery to the director or safekeeping of property;
(c) an order appointing a person to act as a receiver manager for property or the whole or a portion of an interest in property;
(d) an order for the disposition of the property or the whole or the portion of the interest in property in order to better preserve the value of the property or the whole or the portion of the interest in property;
(e) an order directing that the money arising from the disposition of the property or the whole or the portion of an interest in the property under paragraph (d) be paid into court pending the conclusion of the proceeding under section 3;
(f) for the purpose of securing performance of an obligation imposed by an order made under Part 2 of this Act or under this Part, an order granting to the director a lien for an amount set by the court on property or the whole or the portion of an interest in property;
(g) an order the court considers appropriate to prevent the property from being
(i) removed from British Columbia, or
(ii) used to engage in unlawful activity;
(h) an order the court considers appropriate for the preservation of
(i) the property or the whole or the portion of an interest in the property,
(ii) the value of the property or of the whole or the portion of an interest in the property, or
(iii) the rights of creditors and other interest holders;
(i) subject to subsection (8), any other order that the court considers appropriate in the circumstances. ,
(c) in subsections (4) and (7) by striking out "subsection (3) (e)" and substituting "subsection (3) (f)",
(d) in subsection (5) by striking out "Unless it is not in the interests of justice," and substituting "Unless it is clearly not in the interests of justice,", and
(e) by adding the following subsection:
(8) The court must not make any order under subsection (3) (i) that would directly or indirectly reduce the amount of money that would otherwise arise from the disposition of the property or the whole or a portion of the interest in property on its forfeiture under this Act.
178 Section 13 is amended
(a) in subsection (2) by striking out "is effective" and substituting "is effective or is deemed to be effective", and
(b) by repealing subsection (3) and substituting the following:
(3) A court may refuse to issue a protection order if the issuance is clearly not in the interests of justice.
179 Part 5 is amended by adding the following Division:
Division 3 — Notice of Intent to Commence Proceedings
23.1 (1) In this section:
"court" means the Provincial Court, the Supreme Court or the Court of Appeal;
"public body" means any of the following:
(a) an entity with which the director has an information-sharing agreement under section 22 (4);
(b) a public body referred to in section 22 (5).
(2) If the director intends to commence proceedings under section 3 in relation to personal property that is in the possession of a public body, the director may serve notice of that intent on the public body.
(3) Subsection (2) does not apply to personal property if the property is the subject of an order of a court establishing a right of possession in that property with a person other than the public body or authorizing a person other than the public body to have or take possession of that property.
(4) If notice is served on a public body under subsection (2),
(a) the director must, within 30 days after the notice is served,
(i) commence proceedings under section 3 in relation to the personal property, or
(ii) withdraw notice of the intent to commence proceedings, and
(b) the public body is entitled to maintain possession of the personal property, despite any other claim of an interest or right of possession in the property, until the earlier of the following:
(i) 30 days after the notice is served;
(ii) the date on which notice is withdrawn under paragraph (a) (ii) of this subsection.
(5) Subsection (4) (b) does not apply if proceedings are commenced under section 3 in relation to the personal property and the court makes an order under section 8 transferring possession of the personal property to the director or another person.
Environmental Management Act
180 Section 46 of the Environmental Management Act, S.B.C. 2003, c. 53, is amended
(a) in subsection (1) by adding the following:
(g.1) a government body that takes possession of or acquires an ownership interest in the contaminated site under an order of the court under section 5, 8 (3) or 14 of the Civil Forfeiture Act or a delegate under section 21 (2) of that Act who is exercising powers or performing functions and duties of the director, as defined in that Act, in relation to the contaminated site; , and
(b) by adding the following subsection:
(2.1) Subsection (1) (g.1) does not apply with respect to contamination if the government body or delegate referred to in that provision caused or contributed to the contamination of the site.
Police Act
181 Section 1 of the Police Act, R.S.B.C. 1996, c. 367, is amended
(a) in the definition of "chief officer" by striking out "18.2 (d) (iii) (A)" and substituting "18.2 (1) (d) (iii) (A)", and
(b) by adding the following definition:
"director's standards" means standards set by the director under section 40 (1) (a.1), as amended from time to time; .
182 Section 4.2 is amended
(a) in subsection (2) (c) (v) by striking out "with this Act and the regulations respecting" and substituting "with this Act, the regulations and the director's standards respecting",
(b) by repealing subsection (2) (f) and (h), and
(c) by adding the following subsection:
(3) A chief officer of a designated policing unit must ensure compliance with the director's standards as they relate to the designated policing unit.
183 Section 7 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) must
(i) exercise powers and perform duties assigned to the commissioner under and in accordance with this Act and any other enactment, and
(ii) ensure compliance with the director's standards as they relate to the provincial police force. , and
(b) in subsection (2) by striking out "under the regulations or under any Act." and substituting "under the director's standards or under this Act or any other enactment."
184 Section 10.1 is repealed.
185 Section 15 (1) is amended by striking out "in accordance with this Act and the regulations," and substituting "in accordance with this Act, the regulations and the director's standards,".
186 Section 17.1 (1) is amended by striking out "with the Act or the regulations," and substituting "with this Act, the regulations or the director's standards,".
187 Section 18.2 is amended
(a) by renumbering the section as section 18.2 (1),
(b) in subsection (1) (d) (iv) by striking out "with this Act and the regulations respecting" and substituting "with this Act, the regulations and the director's standards respecting",
(c) by repealing subsection (1) (g) and (i), and
(d) by adding the following subsection:
(2) A chief officer of a designated law enforcement unit must ensure compliance with the director's standards as they relate to the designated law enforcement unit.
188 Section 28 (1) is amended by striking out "with this Act and the regulations respecting" and substituting "with this Act, the regulations and the director's standards respecting".
189 Section 34 is amended
(a) in subsection (1) by striking out everything after "must" and substituting the following:
(a) exercise powers and perform duties assigned to the chief constable under and in accordance with this Act and any other enactment, and
(b) ensure compliance with the director's standards as they relate to the municipal police department. , and
(b) in subsection (2) by striking out "under the regulations or under any Act." and substituting "under the director's standards or under this Act or any other enactment."
190 Section 40 is amended
(a) by repealing subsection (1) (a) and substituting the following:
(a) to inspect and report on the quality and standard of policing and law enforcement services delivery;
(a.1) to establish standards respecting the following:
(i) the training of persons to become officers;
(ii) the training and retraining of officers;
(iii) the use of force;
(iv) places of detention and equipment and supplies to be used in relation to policing and law enforcement;
(a.2) to evaluate compliance with the following:
(i) the director's standards;
(ii) section 68.1 [requirement to use information management system]; , and
(b) by adding the following subsections:
(1.1) The director may
(a) establish different standards under subsection (1) (a.1) for different classes of officers and different police forces, designated policing units, designated law enforcement units or other law enforcement agencies, and
(b) vary or cancel those standards.
(1.2) A director's standard
(a) is binding on an entity, a designated board, a municipal police board, a chief officer, a chief constable or the commissioner, as the case may be, only after
(i) the standard is approved by the minister,
(ii) the standard is made available to the public under subsection (1.3), and
(iii) the entity, designated board, municipal police board, chief officer, chief constable or commissioner receives written notice of the standard, but
(b) is not effective to the extent it conflicts with this Act or the regulations.
(1.3) The director must make the director's standards available to members of the public by both of the following means:
(a) posting the standard on a publicly accessible website maintained by or on behalf of the director;
(b) having the standard available for public inspection in the office of the director during regular office hours.
191 The following section is added:
40.1 (1) In this section:
"conducted energy weapon" means a weapon or device commonly referred to as a Taser;
"special committee" means a special committee of the Legislative Assembly that the Legislative Assembly appoints for the purposes of this section.
(2) Before December 31, 2012, the special committee must conduct a review of the following matters and submit a report under subsection (6):
(a) the implementation of the recommendations contained in the 2009 report "Restoring Public Confidence: Restricting the Use of Conducted Energy Weapons" by Thomas R. Braidwood, Q.C., respecting
(i) the use of conducted energy weapons by officers in the performance of their duties and the exercise of their powers, and
(ii) the training of officers in the use of conducted energy weapons;
(b) the scientific research into the medical risks to persons against whom conducted energy weapons are deployed.
(3) As part of the review process contemplated by subsection (2), the special committee may
(a) request the director to provide copies of any relevant records, information or reports,
(b) review and consider the copies of records, information and reports referred to in paragraph (a) that the director provides, and
(c) solicit and consider written and oral submissions from any interested person or organization.
(4) Subject to subsection (5), the director must comply with a request of the special committee under subsection (3) (a).
(5) Before providing copies of the records, information and reports referred to in subsection (3) (a), the director may sever any portions that must or may be excepted from disclosure by the head of a public body under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act.
(6) Within one year after the date that the special committee is appointed, the special committee must submit a report respecting the results of the review under subsection (2) to the Legislative Assembly.
(7) A report submitted under subsection (6) may include any recommendations that the special committee considers necessary or appropriate.
192 Section 45 is amended
(a) by renumbering the section as section 45 (1), and
(b) by adding the following subsection:
(2) The director may not delegate to an employee the director's power to establish, vary or cancel the director's standards under section 40 (1) (a.1) and (1.1).
193 Section 74 is amended
(a) by repealing subsections (2) (g) and (t) and (5),
(b) in subsection (2) (u) by striking out "training, retraining,",
(c) in subsection (3) by striking out "subsections (2) and (5)" and substituting "subsection (2)", and
(d) by repealing subsection (4) and substituting the following:
(4) The Lieutenant Governor in Council may make different regulations under subsection (2) (b) or (u) for different classes of officers.
Part 11 — Small Business, Technology and
Economic Development Amendments
Small Business Venture Capital Act
194 Section 3 (4) of the Small Business Venture Capital Act, R.S.B.C. 1996, c. 429, is repealed.
195 Section 9 is amended
(a) by striking out everything before paragraph (a) and substituting "A venture capital corporation must apply to the administrator to raise equity capital and the administrator may approve the raising of equity capital subject to any condition that the administrator may determine, including by not limited to", and
(b) by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:
(c) a condition that the equity capital be issued only for the purposes of investment in a small business referred to in section 10 (1) (c) that is engaged in
(i) a prescribed business activity, or
(ii) a business activity described in the regulations
that is specified by the administrator in the condition.
196 Section 10 (1) (c) is repealed and the following substituted:
(c) the small business, if required by a condition of the administrator, is or will be substantially engaged, determined in the prescribed manner, in British Columbia in
(i) a prescribed business activity, or
(ii) a business activity described in the regulations
that is specified by the administrator in the condition; .
197 Section 18 (1) (a) is repealed and the following substituted:
(a) subject to a condition of the administrator under section 9 (c), eligible investments; .
198 Section 20 (7) (c) is amended by striking out "3 (4) or".
199 Section 28 (1) (d) is repealed and the following substituted:
(d) the corporation fails to comply with this Act, the regulations or a condition or condition of approval that the administrator may impose, make or give under this Act; .
200 Section 28.3 is amended by adding the following subsection:
(3) Conditions imposed by the administrator under subsection (1) may include, but are not limited to, a condition that the additional equity capital be issued only for the purposes of investment in a small business that is substantially engaged, determined in the prescribed manner, in British Columbia in
(a) a prescribed business activity, or
(b) a business activity described in the regulations
that is specified by the administrator in the condition.
201 Section 28.6 (1) (a) is repealed and the following substituted:
(a) has contravened this Act or the regulations or a condition that the administrator may impose, make or give under this Act, .
202 Section 29.1 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The Lieutenant Governor in Council may make regulations
(a) prescribing an amount to be known as the annual maximum venture capital tax credit, and
(b) allocating portions of the annual maximum venture capital tax credit to one or more prescribed business activities or business activities described in the regulations. ,
(b) by repealing subsections (2) (a) and (3) (a), and
(c) in subsection (2) by striking out "will be greater than the annual maximum venture capital tax credit" and substituting "will be greater than the aggregate of the annual maximum venture capital tax credit".
203 Section 35 (1) (f) is repealed.
204 Section 37 is amended
(a) in subsection (2) by adding the following paragraph:
(f) describing business activities for the purposes of sections 9, 10, 28.3 and 29.1. , and
(b) by adding the following subsection:
(3) A regulation under subsection (2) (f) may do one or both of the following:
(a) delegate a matter to the administrator;
(b) confer a discretion on the administrator.
205 (1) The following enactments are confirmed and validated:
(a) section 2 of B.C. Reg. 219/99, effective July 14, 1999;
(b) section 2 of B.C. Reg. 215/2000, effective June 16, 2000;
(c) section 9 of B.C. Reg. 145/2003, effective April 1, 2003;
(d) B.C. Reg. 56/2004, effective February 23, 2004;
(e) B.C. Reg. 214/2006, effective July 13, 2006;
(f) section 3 of B.C. Reg. 209/2008, effective June 27, 2008;
(g) section 4 of B.C. Reg. 209/2008, effective January 1, 2009.
(2) Conditions imposed, made or given by the administrator before the coming into force of amendments made by this Act to sections 9, 10, 18, 28.3 and 37 of the Small Business Venture Capital Act are conclusively deemed to have been validly imposed, made or given.
(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
Part 12 — Transportation and Infrastructure Amendments
Coastal Ferry Act
206 Section 1 of the Coastal Ferry Act, S.B.C. 2003, c. 14, is amended
(a) by repealing paragraph (c) of the definition of "ancillary services", and
(b) by adding the following definitions:
"BCFS" means British Columbia Ferry Services Inc., a company incorporated under the Business Corporations Act;
"competitive service" means a ferry transportation service, including, without limitation, a drop trailer service, that is the same as or substantially similar to a service being provided
(a) by a person other than a ferry operator, and
(b) in a geographical area that is sufficiently near to where the ferry transportation service is or may be provided that the 2 services could reasonably be in competition;
"deputy commissioner" means a deputy commissioner appointed under section 35;
"drop trailer service" means a service in which a ferry operator
(a) loads on a vessel,
(b) transports on the vessel on a major route, and
(c) unloads from the vessel
a trailer left with the ferry operator for those purposes;
"executive", in relation to BCFS, means an individual who is the chief executive officer or an executive vice president of BCFS or who is, despite his or her title, acting in a similar capacity or performing similar functions to a chief executive officer or an executive vice president of BCFS;
"public sector employer" has the same meaning as in the Public Sector Employers Act;
"qualified Authority candidate" means an individual who
(a) does not hold elected public office of any type,
(b) is not an employee, steward, officer, director, elected official or member of any union representing employees of BCFS,
(c) is not an employee of a municipality, regional district, trust council or greater board within the appointment area, and
(d) is not an employee, director, officer or executive of BCFS;
"qualified BCFS candidate" means an individual who
(a) does not hold elected public office of any type,
(b) is not an employee, steward, officer, director, elected official or member of any union representing employees of BCFS,
(c) is not an employee of a municipality, regional district, trust council or greater board within the appointment area, and
(d) is not an employee, director or officer of the Authority or an employee, officer or executive of BCFS;
"remuneration", in relation to a person, means all money and benefits, including, without limitation, salary, incentives and pension contributions, provided or available to the person in return for the person performing or agreeing to perform services for, or acting or agreeing to act in a capacity for, the person by whom or on whose behalf the money and benefits are being provided or made available;
"reservation fee" means the tariff charged by a ferry operator to allow a person to reserve passage for a vehicle on a vessel; .
207 Section 2 (2) is repealed and the following substituted:
(2) The purposes of the Authority are to
(a) do any or all of hold, administer and sell a voting share in BCFS, and
(b) oversee BCFS in accordance with Division 2.1.
208 Sections 5 (1) and (3) (c) and (d), 7 (1) (a) and (b) and 12 are amended by striking out "qualified individuals" and substituting "qualified Authority candidates".
209 Sections 7 (3), (4) and (5) and 11 (4) are amended by striking out "qualified individual" and substituting "qualified Authority candidate".
210 Section 9 (1) is amended by striking out "Sections" and substituting "Subject to this Act, sections".
211 Section 13 (1) is repealed and the following substituted:
(1) The directors may appoint one of their number as chair.
212 Section 14 (2) (b) is repealed and the following substituted:
(b) the director is entitled to be paid remuneration, for any day on which the director performs a directorial service, in an amount and manner consistent with provincial public sector organizations in British Columbia.
213 Section 18 (5) is amended by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) and by adding the following paragraph:
(e) the rate at which remuneration is paid to each director and the amount each director received for remuneration and expenses in that fiscal year.
214 Section 20 is amended
(a) in subsections (1) and (2) by striking out "Division 1 of" wherever it appears,
(b) in subsection (2) by adding "both before and after its conversion," after "must,",
(c) in subsection (3) by adding ", both before and after its conversion," after "must", and
(d) in subsection (3) by striking out "British Columbia Ferry Corporation to the Authority" and substituting "that corporation to the Authority".
215 The following Division is added to Part 2:
Division 2.1 — Authority's Role in Relation to BCFS
21.1 The directors of the Authority, when electing directors to the board of BCFS, must select individuals in such a way as to ensure that, as a group, the directors of BCFS are qualified BCFS candidates who hold all of the skills, and all of the experience, needed to oversee the operation of BCFS in an efficient and cost effective manner.
21.2 (1) Subject to subsection (2), the Authority may establish or amend a BCFS directors' compensation plan.
(2) A BCFS directors' compensation plan must
(a) establish the methodology by which remuneration for the directors of BCFS is to be determined, which methodology must result in remuneration for the directors of BCFS that is,
(i) subject to subparagraph (ii), consistent with the remuneration that organizations in Canada that are of a similar size and scope to BCFS provide to their directors, and
(ii) not greater than the remuneration that provincial public sector organizations in British Columbia provide to their directors, and
(b) identify the organizations that are being used as the comparisons for the purposes of paragraph (a).
(3) After it has established or amended a BCFS directors' compensation plan, the Authority must, in accordance with that plan, determine remuneration for the directors of BCFS and the terms on which it is to be paid.
(4) Promptly after the Authority has established or amended a BCFS directors' compensation plan and determined the remuneration for the directors of BCFS, the Authority must take all necessary actions to amend the articles of BCFS to
(a) adopt the BCFS directors' compensation plan as established or amended,
(b) ensure that the articles require that all directors' remuneration be set and provided in accordance with the BCFS directors' compensation plan,
(c) set out the remuneration determined under subsection (3) that may be paid under that plan or amended plan, and
(d) ensure that the articles require BCFS to publish, in each fiscal year, details of the remuneration provided to its directors in the previous fiscal year.
(5) The Authority must not amend a provision in the articles of BCFS that relates to remuneration of the directors of BCFS or the terms on which it is to be paid unless that amendment is made in accordance with subsection (4).
(6) The Authority must, promptly after it has established or amended a BCFS directors' compensation plan, publish that plan or amended plan on its website.
21.3 A director of BCFS is not entitled to receive remuneration from BCFS in excess of
(a) the remuneration the director is entitled to receive under the BCFS directors' compensation plan as most recently established or amended by the Authority, or
(b) if a BCFS directors' compensation plan has not been established by the Authority, remuneration that the director would, under section 21.2 (2), be entitled to receive under a BCFS directors' compensation plan.
21.4 (1) The Authority must take all necessary actions to ensure that the articles of BCFS include a requirement that BCFS not
(a) set or change the remuneration for an individual who is an executive, whether or not that person is assuming a different role as an executive, or
(b) set remuneration for an individual who is to become an executive,
other than in accordance with an executive compensation plan approved by the Authority.
(2) The Authority must not approve an executive compensation plan for BCFS unless the plan
(a) establishes the methodology by which remuneration for the executives is to be determined, which methodology must result in remuneration for each executive of BCFS that is,
(i) subject to subparagraph (ii), consistent with the remuneration provided to individuals who, in organizations in Canada that are of a similar size and scope to BCFS, perform similar services or hold similar positions to that executive of BCFS, and
(ii) not greater than the remuneration that provincial public sector employers in British Columbia provide to individuals who, in those organizations, perform similar services or hold similar positions to that executive of BCFS,
(b) identifies the organizations that are being used as the comparisons for the purposes of paragraph (a), and
(c) sets out the remuneration for the executives and the terms on which it is to be paid.
(3) Promptly after the Authority has approved an executive compensation plan, the Authority must take all necessary actions to amend the articles of BCFS to
(a) adopt the executive compensation plan,
(b) ensure that the articles require that all executives' remuneration be set and provided in accordance with the executive compensation plan,
(c) set out the remuneration that may be provided under the executive compensation plan, and
(d) ensure that the articles require BCFS to publish, in each fiscal year, details of the remuneration provided to its executives in the previous fiscal year.
(4) The Authority must not amend a provision included in the articles of BCFS under subsection (3) other than in accordance with that subsection.
(5) The Authority must, promptly after it has approved an executive compensation plan under this section, publish that plan on its website.
21.5 An executive of BCFS is not entitled to receive remuneration from BCFS in excess of
(a) the remuneration the executive is entitled to receive under the executive compensation plan most recently approved by the Authority, or
(b) if an executive compensation plan has not been approved by the Authority, remuneration that the executive would, under section 21.4 (2), be entitled to receive under an executive compensation plan.
216 Section 38 is amended
(a) in subsection (1) by striking out "The commissioner must" and substituting "Without limiting any other power of the commissioner under this Act, the commissioner must, after considering public feedback obtained under this Act,",
(b) in subsection (1) by adding ", including, without limitation, reservation fees," after "tariffs", and
(c) in subsection (2) by adding the following paragraph:
(g) consider the interests of ferry users.
217 Section 40 is amended
(a) in subsection (1) by adding ", the Authority and the Minister of Transportation and Infrastructure" before "information",
(b) in subsection (1) (b) by adding ", including, without limitation, reservation fees," after "core ferry services",
(c) in subsection (1) (e) by repealing subparagraph (iii) and substituting the following:
(iii) the portion of the expenses applicable to the terminals serving the applicable designated ferry route that the ferry operator has reasonably allocated to the designated ferry route,
and the methodology by which those amounts have been allocated among its routes; ,
(d) by adding the following subsections:
(1.1) Each ferry operator must provide to the commissioner, with the information submitted under subsection (1),
(a) a plan as to how the ferry operator intends to provide services more efficiently in the upcoming performance term, and
(b) the most recent capital plan prepared under section 64.1.
(1.2) Promptly after receiving the information referred to in subsections (1) and (1.1), the commissioner must publish that material on the commissioner's website. ,
(e) in subsection (2) by striking out "After receiving the information referred to in subsection (1), the" and substituting "The",
(f) by repealing subsection (2) (a) and substituting the following:
(a) review the information and plans provided to the commissioner under this section,
(a.1) make public a request for public comment in relation to the following:
(i) the reports maintained under section 68 (3);
(ii) the information and plans provided to the commissioner under this section;
(iii) any other information on the commissioner's website that relates to the commissioner's powers and duties under this section,
and review the comments received in response; , and
(g) in subsection (2) (c) by striking out "the determinations made under paragraph (b) of this subsection and the findings of the review," and substituting "the findings of the review under paragraph (a) of this subsection and the determinations made under paragraph (b),".
218 Section 41 (3) is amended by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) and by adding the following paragraph:
(e) include in the price cap any reservation fees applicable to the route group.
219 The following sections are added:
45.1 (1) If a ferry operator is providing a competitive service, the commissioner must determine whether the ferry operator is pricing the service below the direct costs and an appropriate proportion of the indirect costs associated with providing that ferry transportation service, or has an unfair competitive advantage in providing that ferry transportation service, including, without limitation, an advantageas a result ofresulting from the ferry operator having been provided with
(a) use of, access to or ownership of vessels or terminals that are or had been owned by the government or a government body within the meaning of the Financial Administration Act,
(b) any tax exemption, or
(c) any subsidy.
(2) If the commissioner makes the determination referred to in subsection (1), the commissioner must regulate the ferry transportation service in one of the following ways:
(a) make an order under section 69 (1) and, after an alternative service provider satisfactory to the commissioner has been located through a competitive process established in a plan approved under section 69 (4) (a) or created under section 69 (4) (b) (i), order the ferry operator to arrange with that alternative service provider, under contract, franchise agreement or otherwise, for the alternative service provider to provide the ferry transportation service;
(b) calculate the amount that the commissioner considers would be charged as a tariff for that ferry transportation service to recover the direct costs and an appropriate proportion of the indirect costs attributable to providing the service were none of the factors referred to in subsection (1) (a), (b) or (c) of this section present, and order the ferry operator to charge at least that tariff when providing that ferry transportation service.
45.2 (1) Each ferry operator must, within the period required by the commissioner,
(a) identify to the commissioner the process the ferry operator intends to use to deal with customer complaints,
(b) obtain the commissioner's approval of that process, and
(c) publish the approved customer complaints process in the manner required by the commissioner.
(2) The complaints process referred to in subsection (1) must include a process by which the ferry operator will report on the number, nature and disposition of the customer complaints received in the reporting period.
(3) The ferry operator may propose amendments to the complaints process approved under this section and may amend the complaints process in accordance with any such amendment that is approved by the commissioner.
(4) The commissioner may order the ferry operator to amend its complaints process and, in that event, the ferry operator must, within the period required by the commissioner, provide the required amendments to the commissioner and obtain the commissioner's approval to the amended process.
(5) Each ferry operator must receive and process customer complaints in accordance with the complaints process approved by the commissioner under this section.
220 Section 48 (1) is amended by adding "without limiting the commissioner's ability to make other orders under this Act and" before "subject to subsection (2),".
221 Section 53 (1) is amended by striking out "and" at the end of paragraph (c) and by adding the following paragraphs:
(c.1) whether, in the commissioner's opinion, the Authority and the ferry operators have, in that year, performed their respective obligations under the Act,
(c.2) whether, in the commissioner's opinion, the ferry operators have, in that year, performed their respective obligations under the applicable Coastal Ferry Services Contract, and .
222 The following section is added to Division 7 of Part 4:
64.1 (1) At least 18 months before the beginning of a performance term, a ferry operator must prepare a capital plan, in accordance with subsection (2), respecting the major capital expenditures, including, without limitation, all expenditures relating to improvements to or purchases of vessels or terminals, that the ferry operator anticipates incurring over the 10 year period beginning at the start of the upcoming performance term.
(2) A capital plan must indicate the following in relation to each major capital expenditure:
(a) the amount;
(b) the proposed timing;
(c) the type of proposed capital acquisition or expenditure;
(d) the options considered and the rationale for the proposed capital acquisition or expenditure.
223 Section 66 (1) is amended by striking out "section 65, the ferry operator" and substituting "section 65, each ferry operator".
224 Section 69 is repealed and the following substituted:
69 (1) A ferry operator must, if ordered to do so by the commissioner, seek additional or alternative service providers to provide, under contract, franchise agreement or otherwise, one or more ferry transportation services on one or more of the designated ferry routes serviced by the ferry operator.
(2) The commissioner may make an order under subsection (1),
(a) in relation to ferry transportation services other than competitive services, in an effort to reduce the costs of providing those services on those designated ferry routes, and
(b) in relation to competitive services, to ensure that the ferry operator does not have an unfair competitive advantage in providing that ferry transportation service.
(3) Promptly after an order is made under subsection (1), the ferry operator that is the subject of the order must
(a) prepare a plan setting out the process the ferry operator intends to undertake to comply with the order, and
(b) provide that plan to the commissioner for approval.
(4) The commissioner may
(a) approve a plan provided to the commissioner under subsection (3) (b) if the commissioner is satisfied that the plan proposes a fair and competitive process, or
(b) if a plan acceptable to the commissioner is not received by the commissioner promptly after the order is made under subsection (1),
(i) create a plan setting out the process the ferry operator must undertake to comply with the order, and
(ii) provide that plan to the ferry operator.
(5) Promptly after a plan is approved under subsection (4) (a) or provided to a ferry operator under subsection (4) (b) (ii), the ferry operator must comply with the order made under subsection (1) in accordance with the process set out in the plan.
(6) Promptly after complying with an order made under subsection (1), the ferry operator must report to the commissioner as to the ferry operator's activities in that regard, including, without limitation,
(a) the process by which alternative service providers were sought, and
(b) the results of the process.
Community Charter
225 Section 1 of the Schedule to the Community Charter, S.B.C. 2003, c. 26, is amended by repealing the definition of "Provincial arterial highway" and substituting the following:
"Provincial arterial highway" has the same meaning as "arterial highway" in section 1 of the Transportation Act; .
Freedom of Information and Protection of Privacy Act
226 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following:
| Public Body: | Ferry operators under the Coastal Ferry Act (each ferry operator) |
| Head: | Chair (each ferry operator) |
| Public Body: | B.C. Ferry Authority |
| Head: | Chair . |
Land Title Act
227 Section 121 (1) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by repealing the definition of "arterial highway" and substituting the following:
"arterial highway" has the same meaning as in section 1 of the Transportation Act; .
South Coast British Columbia Transportation Authority Act
228 Section 1 (5) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended
(a) in paragraph (a) by striking out "193 (4)" and substituting "193 (5)", and
(b) in paragraph (c) by striking out "in section 21 (4) (b) in section 21 (4) (b)" and substituting "in section 21 (4) (b)".
229 Section 15 (3.1) is amended by striking out everything before paragraph (a) and substituting the following:
(3.1) Before a base plan or any supplement is provided to the mayors' council on regional transportation under section 202, the authority must consult, on matters that the authority proposes to include in that plan, with .
230 Section 31 (1) (c) (i) is amended by striking out "202 (b)," and substituting "202 (2),".
231 Section 192 is amended
(a) in the definition of "applicable year" by striking out "10" and substituting "3", and
(b) by adding the following definition:
"outlook" means a report referred to in section 200.1 (2) (a) or (b); .
232 Section 195 (2) and 196 (2) are amended by striking out "2008" and substituting "2009".
233 Sections 195 (2) (a) and 196 (2) (a) are amended by striking out "9" and substituting "2".
234 Sections 195 (2) (b) and 196 (2) (b) are amended by striking out "10th" wherever it appears and substituting "3rd".
235 Sections 195 (2) (b) (i) and 196 (2) (b) (i) are amended by striking out "9th" and substituting "2nd".
236 Section 198 (b) is amended by striking out "the applicable year." and substituting "each applicable year."
237 The following section is added:
200.1 (1) In this section, "outlook period", in relation to a base plan or a supplement prepared in relation to a base plan, means the period comprising the 4th to 10th fiscal years to follow the base plan preparation year.
(2) In each fiscal year, the authority must prepare the following:
(a) in relation to the base plan prepared in that fiscal year, an outlook that meets the requirements of subsection (3);
(b) in relation to any supplement prepared in relation to that base plan, an outlook that meets the requirements of subsection (4).
(3) An outlook prepared in relation to a base plan must do the following for the applicable outlook period:
(a) identify the transportation services the authority contemplates providing in that period and the levels at which those services are contemplated to be provided;
(b) identify the major capital projects the authority contemplates engaging in for which or in relation to which expenditures will be required in that period.
(4) An outlook prepared in relation to a supplement must identify for the outlook period how, if at all, the information contained in the outlook prepared in relation to the base plan will change if the supplement is approved.
238 Section 202 is repealed and the following substituted:
202 (1) On or before August 1 of each year after 2007, the authority must provide the following to the commissioner and the mayors' council on regional transportation:
(a) the authority's base plan prepared in that fiscal year under section 194;
(b) all bylaws and resolutions proposed or passed by the directors of the authority in relation to revenue measures and borrowing limits as they relate to the base plan.
(2) The authority must provide the following to the commissioner and the mayors' council on regional transportation:
(a) any supplements prepared in relation to a base plan referred to in subsection (1);
(b) all bylaws and resolutions proposed or passed by the directors of the authority in relation to revenue measures and borrowing limits as they relate to the supplement.
(3) The authority must provide to the commissioner and the mayors' council on regional transportation, with each base plan or supplement provided to the commissioner and the mayors' council on regional transportation, the outlook applicable to that base plan or supplement.
239 Section 204 (c) is amended by striking out "on or before October 31 of the year in which that material is provided to it," and substituting "within 90 days after the date on which that material is received by it,".
240 Section 206 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The strategic plan of the authority in a fiscal year is the base plan prepared in the previous fiscal year if
(a) no supplements were provided to the mayors' council on regional transportation under section 202 in relation to that base plan,
(b) the mayors' council on regional transportation rejected, under section 204, all supplements provided to it under section 202 in relation to that base plan, or
(c) the mayors' council on regional transportation did not, for any supplement provided to it under section 202 in relation to that base plan, provide to the authority, within 90 days after the mayors' council on regional transportation received the supplement, a resolution referred to in section 204 (c) approving the supplement. ,
(b) in subsection (2) by striking out everything before paragraph (a) and substituting the following:
(2) If a supplement prepared in relation to a base plan is provided to the mayors' council on regional transportation under section 202 and the mayors' council on regional transportation provides to the authority, within 90 days after receiving the supplement, a copy of a resolution under section 204 (c) approving that supplement, , and
(c) in subsection (2) (a) by striking out "the approved supplements" and substituting "each such approved supplement".
241 Section 222 is amended
(a) in the definition of "current strategic plan" by striking out "strategic plan applicable to that fiscal year and the ensuing 9 fiscal years;" and substituting "most current strategic plan that applies to that fiscal year;", and
(b) in paragraph (a) of the definition of "pending strategic plan" by striking out "the ensuing 10" and substituting "ensuing".
Transportation Act
242 Section 1 of the Transportation Act, S.B.C. 2004, c. 44, is amended by repealing the definition of "arterial highway" and substituting the following:
"arterial highway" means any of the following that has not ceased to be an arterial highway under section 45 (1) (b):
(a) any land that becomes an arterial highway under section 44.1;
(b) any land, improvement or highway that
(i) is designated as an arterial highway under section 45 (1) (a), or
(ii) becomes an arterial highway under section 56 (2) (a); .
243 The following section is added:
44.1 (1) The deposit in a land title office of a subdivision, reference or explanatory plan that shows land as an arterial highway operates to make that land an arterial highway if the land surveyor who signed the plan certifies on the plan, in the prescribed form, that he or she was authorized by the minister to show that land as an arterial highway.
(2) After a plan referred to in subsection (1) is deposited in a land title office, the minister must publish, in the prescribed manner, notice of the deposit of the plan and of the creation of the arterial highway effected by that deposit.
244 Section 45 (1) is amended
(a) by striking out "The" and substituting "Without limiting section 44.1, the", and
(b) by repealing paragraph (b) and substituting the following:
(b) order that all or any part of any land, improvement or highway referred to in the definition of "arterial highway" cease to be an arterial highway.
245 Section 47 is repealed and the following substituted:
47 In addition to any other rights, powers and advantages held by the minister in relation to an arterial highway under this Act, the minister
(a) has, and may exercise, in relation to the arterial highway, all of the rights, powers and advantages to plan, design, acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close and dispose of the arterial highway that,
(i) in the case of an arterial highway referred to in paragraph (b) of the definition of "arterial highway" in section 1, the affected municipality had before the arterial highway was designated as such under this Act, or
(ii) in the case of any other arterial highway, the affected municipality would have were the highway not an arterial highway,
(b) has, and may exercise, in relation to any improvement on, under, over or related to the arterial highway, all of the rights, powers and advantages to plan, design, acquire, hold, construct, use, operate, upgrade, alter, expand, extend, maintain, repair, rehabilitate, protect, remove, discontinue, close and dispose of the improvement that,
(i) in the case of an arterial highway referred to in paragraph (b) of the definition of "arterial highway" in section 1, the affected municipality had before the arterial highway was designated as such under this Act, or
(ii) in the case of any other arterial highway, the affected municipality would have were the highway not an arterial highway,
(c) has, and may exercise, all of the rights, powers and advantages under any contract relating to the arterial highway or any related improvement that,
(i) in the case of an arterial highway referred to in paragraph (b) of the definition of "arterial highway" in section 1, the affected municipality had before the arterial highway was designated as such under this Act, or
(ii) in the case of any other arterial highway, the affected municipality would have were the highway not an arterial highway, and
(d) may sue in the name of the minister to enforce any of the rights, powers or advantages referred to in this section.
246 (1) Words and terms used in this section have the same meaning as in the Coastal Ferry Act, and in this section:
"baseline remuneration", in relation to an individual who, on the date this Act receives First Reading in the Legislative Assembly, is a director of BCFS, means the remuneration that the individual was eligible to receive in that capacity immediately before the date on which this Act receives First Reading in the Legislative Assembly;
"transition period" means the period beginning on the date on which this Act receives First Reading in the Legislative Assembly and ending on September 30, 2010.
(2) Despite section 182 (5) of the Business Corporations Act, BCFS must hold an annual general meeting on September 30, 2010, whether or not an annual general meeting was held in the transition period.
(3) Before the BCFS annual general meeting on September 30, 2010, the Authority must prepare a BCFS directors' compensation plan in accordance with section 21.2 (2) of the Coastal Ferry Act, and sections 21.2 and 21.3 of that Act apply.
(4) At the BCFS annual general meeting on September 30, 2010, the Authority must replace the existing directors by electing or appointing directors in accordance with section 21.1 of the Coastal Ferry Act.
(5) An individual who, on the date this Act receives First Reading in the Legislative Assembly, is a director of BCFS is, despite sections 21.2 and 21.3 of the Coastal Ferry Act, entitled to receive his or her baseline remuneration until
(a) the term of office to which the director was most recently elected or appointed expires,
(b) the director dies or resigns,
(c) the director is replaced under subsection (4) of this section, or
(d) the director is removed under the Coastal Ferry Act.
(6) Sections 21.4 and 21.5 of the Coastal Ferry Act do not apply to an individual who, on the date this Act receives First Reading in the Legislative Assembly, holds a position as an executive of BCFS if and for so long as that individual remains in that executive position with BCFS.
247 (1) Words and terms used in this section have the same meaning as in the Coastal Ferry Act and, in this section, "baseline remuneration", in relation to a director of the Authority, means the remuneration that the individual was eligible to receive immediately before the date on which this Act receives First Reading in the Legislative Assembly.
(2) An individual who, on the date this Act receives First Reading in the Legislative Assembly, is a director of the Authority
(a) is, despite section 14 of the Coastal Ferry Act, entitled to receive his or her baseline remuneration until
(i) the term of office to which the director was most recently elected or appointed expires,
(ii) the director dies or resigns, or
(iii) the director is removed in accordance with section 5 (5) of the Coastal Ferry Act, and
(b) is not, despite paragraph (a), entitled to receive remuneration for performing any directorial service for the Authority on any day before October 1, 2010 on which he or she is receiving remuneration from BCFS.
(3) Promptly after the coming into force of the amendment to section 14 of the Coastal Ferry Act by this Act, the directors of the Authority must amend the bylaws of the Authority to reflect section 14 of the Coastal Ferry Act as amended by this Act, and, despite section 16 (3) of the Coastal Ferry Act, that amendment takes effect, subject to subsection (2) (b) of this section, immediately on the deposit of that amendment in the Authority's head office.
248 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 5 | By regulation of the Lieutenant Governor in Council |
| 3 | Sections 9 and 10 | By regulation of the Lieutenant Governor in Council |
| 4 | Section 12 | By regulation of the Lieutenant Governor in Council |
| 5 | Sections 14 to 34 | By regulation of the Lieutenant Governor in Council |
| 6 | Section 36 | March 30, 2007 |
| 7 | Sections 37 to 44 | By regulation of the Lieutenant Governor in Council |
| 8 | Section 48 | By regulation of the Lieutenant Governor in Council |
| 9 | Section 49 | January 1, 2010 |
| 10 | Section 51 | By regulation of the Lieutenant Governor in Council |
| 11 | Sections 53 and 54 | By regulation of the Lieutenant Governor in Council |
| 12 | Sections 56 to 59 | January 1, 2010 |
| 13 | Section 60 | By regulation of the Lieutenant Governor in Council |
| 14 | Section 62 | By regulation of the Lieutenant Governor in Council |
| 15 | Section 66 | By regulation of the Lieutenant Governor in Council |
| 15 | Sections 66 to 68 | By regulation of the Lieutenant Governor in Council |
| 16 | Section 70 | By regulation of the Lieutenant Governor in Council |
| 17 | Sections 75 to 79 | By regulation of the Lieutenant Governor in Council |
| 18 | Section 81 | By regulation of the Lieutenant Governor in Council |
| 19 | Section 82 (a) | By regulation of the Lieutenant Governor in Council |
| 20 | Section 82 (c) and (d) | By regulation of the Lieutenant Governor in Council |
| 21 | Sections 83 to 86 | By regulation of the Lieutenant Governor in Council |
| 22 | Section 87 (c) | By regulation of the Lieutenant Governor in Council |
| 23 | Sections 92 to 94 | By regulation of the Lieutenant Governor in Council |
| 24 | Section 99 | By regulation of the Lieutenant Governor in Council |
| 25 | Section 113 (c) | By regulation of the Lieutenant Governor in Council |
| 26 | Section 114 (a) | By regulation of the Lieutenant Governor in Council |
| 27 | Section 114 (d) | By regulation of the Lieutenant Governor in Council |
| 28 | Section 115 | By regulation of the Lieutenant Governor in Council |
| 29 | Sections 118 to 123 | By regulation of the Lieutenant Governor in Council |
| 30 | Section 126 | By regulation of the Lieutenant Governor in Council |
| 31 | Section 130 | By regulation of the Lieutenant Governor in Council |
| 32 | Section 134 (b) | By regulation of the Lieutenant Governor in Council |
| 33 | Sections 137 and 138 | By regulation of the Lieutenant Governor in Council |
| 34 | Sections 141 and 142 | By regulation of the Lieutenant Governor in Council |
| 35 | Sections 144 and 145 | By regulation of the Lieutenant Governor in Council |
| 36 | Section 151 | By regulation of the Lieutenant Governor in Council |
| 37 | Sections 153 to 157 | By regulation of the Lieutenant Governor in Council |
| 38 | Sections 159 to 173 | By regulation of the Lieutenant Governor in Council |
| 39 | Sections 181 to 190 | By regulation of the Lieutenant Governor in Council |
| 40 | Sections 192 to 204 | By regulation of the Lieutenant Governor in Council |
| 41 | Sections 206 to 247 | By regulation of the Lieutenant Governor in Council |