1992 Legislative Session: 1st Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
No. 95
OF THE
Friday, June 26, 1992
10 a.m.
ROUTINE BUSINESS
PRAYERS
INTRODUCTION OF BILLS
1 Mr. Hurd to introduce a Bill intituled An Act to Protect Owners of Manufactured Homes, 1992.
ORAL QUESTION PERIOD
(15 minutes, afternoon sittings: Monday, Tuesday, Wednesday, Thursday and,
subject to Standing Order 47B, Friday morning)
PRESENTING PETITIONS
READING AND RECEIVING PETITIONS
PRESENTING REPORTS
MOTIONS ON NOTICE
WRITTEN QUESTIONS ON NOTICE
PROPOSED AMENDMENTS ON NOTICE
32 The Hon. C. Gabelmann to move, in Committee of the Whole on Bill (No. 32) intituled Resource Compensation Interim Measures Act to amend as follows:
SECTION 2 (1), by adding "against the Crown in right of the Province" after "in which compensation or damages is claimed".
SECTION 5, by deleting the proposed section 5 and substituting the following:
Commencement
5 This Act shall be deemed to have come into force on April 30, 1992 and is retroactive to the extent necessary to give it effect on and after that date.
51 The Hon. G. Clark to move, in Committee of the Whole on Bill (No. 51) intituled British Columbia Transit Amendment Act, 1992 to amend as follows:
SECTION 7, (a) by deleting the proposed section 11.3 and substituting the following:
Parking tax
11.3 (1) In this section and sections 11.4 to 11.6 and 24
"improvements" means improvements as defined in the Assessment Act;
"land" means land as defined in the Assessment Act;
"motor vehicle" means motor vehicle as defined in the Motor Vehicle Act;
"parking site" means, in respect of land located in an area referred to in a bylaw or regulation under subsection (4) (a), the portion of the land and any improvements on the land that is used, available or designed for the parking of motor vehicles and for any purpose that is in any way related or ancillary to that parking, whether or not there is a fee for that parking and whether or not the parking is available to the general public, and includes, without limitation, any portion of the land and the improvements on the land
(a) that provides access to the space used, available or designed for parking, including, without limitation, ramps, driveways, turning areas and places on which motor vehicles may be driven,
(b) that separates or marks parking spaces, lanes for driving and other spaces, whether by way of painted markings or by curbs, walls, columns, pillars or other objects,
(c) on which is constructed a booth or other improvement for the use or occupancy of one or more parking attendants, and
(d) on which is erected anything in any way related or ancillary to parking, including, without limitation, lighting for the parking site and machines or devices used, available or designed for one or more of the collection of parking fees, the provision of parking tickets and the insertion of parking cards
but does not include the whole or any part of any land or improvements in the applicable areas that is exempted by the regulations;
"parking space" means
(a) the portion of a parking site that is marked out, by painted lines or otherwise, as being intended or available for the parking of a single motor vehicle, or
(b) for an unmarked parking site, a portion of it that is prescribed under the regulations to be a parking space;
"residential parking" means parking on a parking site that is located in or in close proximity to a specific building, by persons who, as a result of being owners or lessees of or tenants in a residential dwelling unit, as defined in section 12 (1), in the building,
(a) have an exclusive right to park on the whole or any specific part of the parking site, or
(b) in the case of a parking tax imposed or prescribed under subsection (2) (a) (ii) or (b) (ii), have an exclusive right to park on all or any specific parking spaces located in the parking site,
whether or not there is an additional charge for the residential parking over the purchase price, lease payment or rent paid for the residential dwelling unit;
"taxable parking area" means the area, calculated in the prescribed manner, of that portion of a parking site that is not used or available solely for residential parking;
"taxable parking space" means a parking space that is not used or available solely for residential parking;
"unmarked parking site" means a parking site or a portion of a parking site that does not contain parking spaces marked as noted in paragraph (a) of the definition of "parking space".
(2) Subject to subsection (5),
(a) a municipality may, by bylaw, impose a parking tax on
(i) the taxable parking area of parking sites located in the municipality, or
(ii) the taxable parking spaces of parking sites located in the municipality, and
(b) a regional transit commission may, by regulation, prescribe a parking tax on
(i) the taxable parking area of parking sites located in the regional transit service area represented by the commission, or
(ii) the taxable parking spaces of parking sites located in the regional transit service area represented by the commission.
(3) Subject to subsection (5), the tax referred to in subsection (2) shall be set at a flat rate per square metre of taxable parking area or, in the case of a parking tax imposed or prescribed under subsection (2) (a) (ii) or (b) (ii), per taxable parking space.
(4) A bylaw or regulation referred to in subsection (2) may, without limitation,
(a) determine the areas of the municipality or regional transit service area to which the tax applies, and
(b) establish the rate for the tax or establish different rates of tax for different areas of the municipality or regional transit service area.
(5) A bylaw or a regulation under this section does not take effect until it has been approved by the Lieutenant Governor in Council. ,
(b) by deleting the proposed section 11.4 (3) (a) to (c) and substituting the following:
(a) the name of the owner of the parking site or, where the parking site is one to which subsection (5) applies, the name of the holder or occupier of the parking site,
(b) the total parking area of the parking site or, in the case of a parking tax imposed or prescribed under section 11.3 (2) (a) (ii) or (b) (ii), the total number of parking spaces located on the parking site,
(c) the total taxable parking area of the parking site or, in the case of a parking tax imposed or prescribed under section 11.3 (2) (a) (ii) or (b) (ii), the total number of taxable parking spaces located on the parking site, and ,
(c) by deleting the proposed section 11.4 (4) and substituting the following:
(4) The assessor, collector or named person shall, within 21 days after completing the parking tax assessment roll, mail to the owner or, where subsection (5) applies, the holder or occupier of every parking site that is to be taxed under section 11.3, a notice in the appropriate or prescribed form giving the particulars of the total area and the taxable parking area of the parking site as shown on the parking tax assessment roll or, in the case of a parking tax imposed or prescribed under section 11.3 (2) (a) (ii) or (b) (ii), the total number of parking spaces and the total number of axable parking spaces located on the parking site as shown on the parking tax assessment roll.
(5) Section 34 of the Assessment Act applies to a parking tax assessment under this Act and for that purpose
(a) a reference in section 34 of that Act to land or to improvements shall be deemed to be a reference to land or to improvements of a parking site,
(b) a reference in section 34 of that Act to an assessment roll or to a supplementary assessment roll shall be deemed to be a reference to the parking tax assessment roll,
(c) a reference in section 34 of that Act to an assessor shall be deemed to be a reference to an assessor, collector or named person, and
(d) the provisions of section 34 (2) and (5) of that Act that require the interest of a holder or occupier in land and improvements to be valued or assessed, as the case may be, at the actual value of the land and improvements shall be deemed, in respect of a parking site on land to which section 34 (1) of that Act applies, to provide that the holder or occupier of that parking site shall be treated for all purposes related to parking tax, parking tax assessment and the parking tax assessment roll as the owner of the land. ,
(d) in the proposed section 11.5 (2) by deleting "the owner" and substituting "the owner or, where section 11.4 (5) applies, the holder or occupier",
(e) by deleting the proposed section 11.6 (1) (c) and substituting the following:
(c) the total area or taxable parking area of a parking site has been improperly determined or recorded or, in the case of a parking tax imposed or prescribed under section 11.3 (2) (a) (ii) or (b) (ii), the total number of parking spaces or taxable parking spaces located on the parking site has been improperly determined or recorded; ,
(f) by deleting the proposed section 11.6 (3) (b) and substituting the following:
(b) the power to alter the entry that has been or is proposed to be made respecting
(i) one or both of the total area and the taxable parking area of the parking site, or
(ii) in the case of a parking tax imposed or prescribed under section 11.3 (2) (a) (ii) or (b) (ii), one or both of the total number of parking spaces and the total number of taxable parking spaces located on the parking site. , and
(g) by deleting the proposed section 11.6 (5) (a) and substituting the following:
(a) the owner of the parking site or, where the parking site is one to which section 11.4 (5) applies, the holder or occupier of the parking site; .
SECTION 14, by adding the following paragraph:
(i.1) respecting the manner of identifying and determining the number of parking spaces located on an unmarked parking site, .
78 The Hon. D. Miller to move, in Committee of the Whole on Bill (No. 78) intituled Forest Amendment Act (No. 2), 1992 to amend as follows:
SECTION 1,
(a) in the proposed section 168 by deleting subsection (2), and
(b) by deleting the proposed section 171 and substituting the following:
Order prevails
171 If an order under this Part conflicts with
(a) this Act or a regulation made under this Act,
(b) an agreement listed in section 10, or
(c) a permit, licence, prescription or plan listed in section 167 (1),
the order prevails.
COMMITTEE OF SUPPLY
Report of Resolutions passed in Committee of Supply.
SECTION A: 22nd and 28th of April, the 25th of May, the 3rd, 4th, 10th and 15th of June.
SECTION B: 21st and 23rd of April, the 5th, 12th and 26th of May, the 4th, 9th, 11th, 15th, 17th and 25th of June.
URGENT GOVERNMENT BUSINESS
(Friday only)
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
COMMITTEE
ADJOURNED DEBATE ON SECOND READING
SECOND READING
PRIVATE BILLS
PRIVATE MEMBERS' STATEMENTS
(Friday only)
PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS
SECOND READING
ADJOURNED DEBATE ON OTHER MOTIONS
IAN M. HORNE, Q.C.
Clerk of the Legislative Assembly
[ Return to: Legislative Assembly Home Page ]
Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada