1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING


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


ATTORNEY GENERAL

BILL 45 -- 1992

STATUTE REVISION MISCELLANEOUS AMENDMENT ACT, 1992

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

1 The Acts listed in column 1 of Schedule 1 are amended in the provisions listed opposite them in column 2 by striking out "certificate of lis pendens" wherever it appears and substituting "certificate of pending litigation".

2 The Acts listed in column 1 of Schedule 2 are amended in the provisions listed opposite them in column 2 by striking out "lis pendens" wherever it is not immediately preceded by "certificate of" and substituting "certificate of pending litigation".

 
Agrologists Act

3 Section 22 of the Agrologists Act, R.S.B.C. 1979, c. 12, is repealed and the following substituted:

Certificate of membership

22 The registrar must issue to every member a certificate of membership in the form prescribed by bylaw.

 
Fish Inspection Act

4 Section 3 (2) of the Fish Inspection Act, R.S.B.C. 1979, c. 136, is repealed and the following substituted:

(2) An inspector must swear or affirm an oath in the prescribed form before entering on the duties of the office.

 
Interpretation Act

5 Section 28 (2) of the Interpretation Act, R.S.B.C. 1979, c. 206, is repealed and the following substituted:

(2) Gender specific terms include both genders and include corporations.

6 Section 29 is amended

(a) by adding the following definition:

"must" is to be construed as imperative; , and

(b) by repealing the definition of "Revised Statutes".

7 Section 44 is amended by striking out "Revised Statutes," and substituting "Revised Statutes of British Columbia,".

 
Land Survey Act

8 Section 6 of the Land Survey Act, R.S.B.C. 1979, c. 216, is amended by striking out everything after "patent of the" and substituting "land."

9 The title to Part 2 is repealed and the following substituted:

INTEGRATED SURVEY AREAS .

10 Section 12 (1) is amended by striking out "for the purposes of this Act, including regulations".

11 The following Part is added:

PART 3

REGULATIONS

Regulations

13 The Lieutenant Governor in Council may make regulations for this Act, including regulations to provide examples for the method of laying out subdivisions of original sections.

 
Land Surveyors Act

12 Sections 18 and 20 (1) of the Land Surveyors Act, R.S.B.C. 1979, c. 217, are amended by striking out "in Form C," and substituting "in the form provided by bylaw,".

13 Section 43 (2) is amended

(a) by striking out "in Form A." and substituting "in the form provided by bylaw.", and

(b) by striking out "Form A" and substituting "the form".

14 Section 46 is repealed and the following substituted:

Oath

46 (1) A candidate for membership, immediately before admission to membership and before practising as a land surveyor, must take and sign before a member of the board an oath or affirmation in writing in the form prescribed by the Lieutenant Governor in Council.

(2) The oath or affirmation must be kept among the records of the corporation.

15 Section 48 is amended by striking out "in Form B or to the like effect," and substituting "in the form provided by bylaw,".

16 The Schedule is repealed.

 
Land Title Act

17 Section 23 (1) (h) of the Land Title Act, R.S.B.C. 1979, c. 219, is amended by striking out "lis pendens, notice," and substituting "notice, pending court proceeding,".

18 Section 213 (1) is amended after "in the case of a" by striking out "lis pendens" and substituting "proceeding".

19 Section 213 (4) (a) is amended by striking out "certificate of a lis pendens" and substituting "certificate of pending litigation".

20 Section 237 (a) is amended by striking out "lis pendens" and substituting "a certificate of pending litigation".

 
Land Title Inquiry Act

21 Section 4 (c) of the Land Title Inquiry Act, R.S.B.C. 1979, c. 220, is amended by striking out "lis pendens" and substituting "certificates of pending litigation".

 
Library Act

22 Section 6 of the Library Act, R.S.B.C. 1979, c. 235, is amended by repealing subsection (2) and substituting the following:

(2) Those persons must sign a declaration in the prescribed form.

23 Section 16 is amended by striking out "Form 2" and "Form 3" and substituting "the prescribed form" in both places.

24 Section 43 is amended

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

(b) by renumbering paragraph (d) as paragraph (e), and

(c) by adding the following paragraph:

(d) to prescribe forms; and .

25 The Schedule is repealed.

 
Unclaimed Money Act

26 Section 3 of the Unclaimed Money Act, R.S.B.C. 1979, c. 418 is repealed and the following substituted:

Records

3 (1) For all unclaimed money deposits the Comptroller General must keep a record showing

(a) the date when the money was deposited,

(b) the name of the estate, proceeding or other source of the money,

(c) the authority for payment in,

(d) who paid it in,

(e) the amount paid in or balance unclaimed,

(f) the date on which the fund became unclaimed money deposits, and

(g) other relevant information available at the time of deposit.

(2) The Comptroller General must deliver a copy of the record of unclaimed money deposits to the Clerk of the Legislative Assembly as soon as practicable after the end of the fiscal year of the government.

27 Section 4 is amended by striking out "register" and substituting "record".

28 The Schedule is repealed.

Commencement

29 This Act comes into force by regulation of the Lieutenant Governor in Council.

SCHEDULE 1

[Section 1]

("certificate of lis pendens" becomes "certificate of pending litigation")

Item

Column 1
Act

Column2
Section

1

Builders Lien Act

25 (1), (2) and (2.1)
26 32 (2)
Schedule, Form 2

2

Court Order Enforcement Act

90

3

International Financial Business Act

10 (6)

4

Land Title Act

30 (1) (f) and (3)
165 (4)
166 (2)
210 (3)
Title of Division (3) of Part 14
213 (1) to (4) and (6) to (8)
213.1 (1) and (2)
213.2 (1) and (2)
231 (1) and (3)
232
233
234 (1)
235 (1) and (2)
236 (1) and (3) to (5)
237
272 (1) and (2)
370 (7) (b)

5

Mortgage Brokers Act

7 (3)

6

Securities Act

135 (5)

7

Wills Variation Act

8 (2)

SCHEDULE 2

[Section 2]

("lis pendens" becomes "certificate of pending litigation")

Item

Column 1
Act

Column2
Section

1

Expropriation Act

6 (6)
7 (2) (a) (v)

2

Homeowner Interest Assistance Act

5 (4)

3

Land Title Act

30 (4)
31
166 (3)
213 (5)
232

4

Municipal Act

897 (3) (b) (v)

5

Trade Practice Act

14 (4)

6

Vancouver Charter

448
451 (2)


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