1994 Legislative Session: 3rd Session, 35th Parliament
FIRST READING


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


HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL

BILL 48 -- 1994

MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 1994

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

 
British Columbia Buildings Corporation Act

1 Section 11 of the British Columbia Buildings Corporation Act, R.S.B.C. 1979, c. 35, is amended by striking out "$700 million" and substituting "$900 million".

 
British Columbia Transit Act

2 Section 18 of the British Columbia Transit Act, R.S.B.C. 1979, c. 421, is amended

(a) by repealing subsection (3.3) (d) and substituting the following:

(d) the Mayor of Surrey, the Mayor of White Rock, the Mayor of the City of Langley or the Mayor of the District of Langley; ,

(b) by repealing subsection (3.3) (f) and substituting the following:

(f) the Mayor of Coquitlam, the Mayor of Port Coquitlam, the Mayor of Port Moody, the Mayor of Belcarra, the Mayor of Maple Ridge, the Mayor of Pitt Meadows or the electoral area director of Electoral Area B of the Greater Vancouver Regional District; , and

(c) by repealing subsection (3.4) (g) and substituting the following:

(g) the Mayor of Colwood, the Mayor of Metchosin, the Mayor of View Royal, the Mayor of Langford or the electoral area director of the Sooke electoral area of the Capital Regional District.

 
Farming and Fishing Industries Development Act

3 Section 2 (4) (a) (i) of the Farming and Fishing Industries Development Act, S.B.C. 1989, c. 27, is repealed and the following substituted:

(i) one or more representatives of the government, at least one of whom must be a representative of the ministry which administers this Act, .

4 The following section is added:

Powers of a council

2.1 (1) A council is a corporation and, subject to subsections (2) and (3), has all the powers of a corporation under section 17 of the Interpretation Act.

(2) The Lieutenant Governor in Council may make regulations

(a) restricting the powers of a council under subsection (1), and

(b) authorizing a council to exercise powers in addition to the powers under subsection (1).

(3) A council may not enter into an agreement to co- operate with or act as agent of any entity established by an Act or regulation of Canada or of any province or territory, without the approval of the minister.

5 Section 3 (2) (b) is repealed and the following substituted:

(b) pay to a person, including a person representing the producers of a commodity, a sum to

(i) benefit and promote the industry in British Columbia in respect of a commodity, or

(ii) conduct or support research or educational programs in British Columbia in respect of the development and promotion of a commodity.

6 The following section is added:

Audits

4.1 (1) For the purpose of ensuring compliance with this Act and the regulations, any person authorized in writing by the council may

(a) at any reasonable time, enter the business premises of a person required to collect and remit levies, and

(b) inspect records relating to that requirement.

(2) A person required to collect and remit levies under this Act must make the records referred to in subsection (1) available for inspection.

7 Section 7 is amended

(a) in subsection (1) by adding the following paragraph:

(a.2) authorizing a council to charge interest, at a rate determined by the council from time to time, on an amount that has not been remitted within the time prescribed under paragraph (a.1); , and

(b) in subsection (3) by repealing paragraph (a).

 
Ferry Corporation Act

8 Section 1 of the Ferry Corporation Act, R.S.B.C. 1979, c. 128, is amended by adding the following definition:

"corporate properties" means all land that is owned by or leased to the corporation or that is held by the Crown for the use and benefit of the corporation and includes all improvements on that land and every highway or portion of a highway, within the meaning of the Highway Act, that is located within the boundaries of that land; .

9 Section 3 (6) (c) is amended by striking out "person employed by" and substituting "officer or employee of".

10 Section 5 is amended

(a) by repealing subsections (1) and (2), and

(b) in subsection (3) by striking out ", or, if authorized by the directors, the general manager,".

11 Section 8 is amended

(a) in subsection (4) by striking out "Lieutenant Governor in Council," and substituting "Minister of Finance and Corporate Relations,", and

(b) by adding the following subsection:

(9) In addition to any other reports it is required to make under this Act, the corporation shall, when and as requested by the minister but not less frequently than once in each fiscal year, provide to the minister a report on

(a) the manner in which and the extent to which the corporation is

(i) meeting its mandate and objects as identified in this Act, and

(ii) conforming to government policy, and

(b) any other matters the minister may require.

12 Section 27 is repealed and the following substituted:

Power to make regulations

27 (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) providing for the direction and control of passenger and vehicular traffic on ferries and in the vehicle and passenger areas of corporate properties;

(b) respecting the safety and security of individuals on ferries and in the vehicle and passenger areas of corporate properties;

(c) prohibiting conduct on ferries or in the vehicle or passenger areas of corporate properties that does or could

(i) pose a risk to the health, safety or security of one or more individuals or to the property of the corporation, or

(ii) interfere with the comfort and enjoyment of one or more individuals using those facilities;

(d) respecting the manner in which passengers and vehicles are to load onto and unload from ferries;

(e) respecting parking on corporate properties.

 
Health Authorities Act

13 The Health Authorities Act, S.B.C. 1993, c. 47, is amended by adding the following sections:

Health sector labour relations commissioner

11.1 (1) The Minister of Skills, Training and Labour may appoint a commissioner to inquire into trade union representation and jurisdiction in the health sector in the context of transition to boards and councils under this Act.

(2) The commissioner must consider the following:

(a) the new employment relationships that will be established as a result of restructuring under this Act;

(b) the need to promote integration of health care delivery and to enable the development over time of Provincial consistency in terms and conditions of employment;

(c) the history of union representation in the health sector.

(3) The commissioner must make recommendations regarding the composition of appropriate bargaining units that would address the considerations set out in subsection (2) and may make other recommendations the commissioner considers appropriate.

(4) The recommendations under subsection (3) may include, without limitation, recommendations regarding multi- employer certification and councils of trade unions for the health sector.

(5) If there is an agreement between 2 or more trade unions with respect to jurisdiction in the health sector and, in the opinion of the commissioner, the agreement addresses appropriately the considerations set out in subsection (2), the commissioner, after inviting comments from trade unions that may be affected and from the Health Employers Association of British Columbia, may include the agreement as a recommendation.

(6) The commissioner must report on the recommendations under this section to the Minister of Skills, Training and Labour within the time established by that minister.

(7) The commissioner has the power and authority of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

Health sector labour relations regulations

11.2 (1) After the Minister of Skills, Training and Labour receives a report under section 11.1, the Lieutenant Governor in Council may make regulations to implement recommendations in the report.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) determining that a group or groups of employees constitute one or more units appropriate for collective bargaining under the Labour Relations Code;

(b) respecting multi-employer certification and councils of trade unions.

(3) A regulation under this section may include in a bargaining unit only those units where the employees are represented by a trade union.

(4) If a regulation under this section provides for a bargaining unit that contains a number of employee groups employed under different collective agreements, the wage and monetary benefit provisions in those agreements apply until the expiry dates set out in those agreements.

(5) The Lieutenant Governor in Council may make regulations establishing a mechanism or guidelines that will enable the wage and monetary benefit provisions to become consistent over time with respect to a bargaining unit referred to in subsection (4).

(6) If the trade union and employer bargaining agents agree to alter

(a) the wage and monetary benefit provisions referred to in subsection (4), or

(b) the mechanism or guidelines established under subsection (5), the agreement between the bargaining agents applies.

(7) If there is a conflict or inconsistency between a regulation under this section and the Labour Relations Code or any proceedings or orders made under it before the enactment of the regulation under this section, the regulation under this section applies.

(8) A regulation made under this section has the same force and effect as a certification or other decision made by the Labour Relations Board.

Jurisdiction of Labour Relations Board

11.3 (1) Except as specifically provided in section 11.2, the Labour Relations Board has exclusive jurisdiction to determine a matter arising under that section.

(2) The Labour Relations Code applies with respect to a determination under this section.

 
Hospital Insurance Act

14 Section 21 (a) of the Hospital Insurance Act, R.S.B.C. 1979, c. 180, is amended by striking out "acquire" and substituting "acquire, including acquisition by expropriation,".

 
Industrial Development Incentive Act

15 Section 6 (2) (c) of the Industrial Development Incentive Act, S.B.C. 1985, c. 43, is amended by striking out "$235 million." and substituting "$246 million."

 
Motor Carrier Act

16 Section 31.2 of the Motor Carrier Act, R.S.B.C. 1979, c. 286, as enacted by the Cabinet Appeals Abolition Act, S.B.C. 1993, c. 38, is amended by adding the following subsection:

(1.1) Despite subsection (1), the chair may not organize the commission into panels for the purposes of section 52.

17 The following section is added:

Reconsideration panel

31.3 (1) The Lieutenant Governor in Council may appoint 3 or more members of the commission as a reconsideration panel for the purposes of section 52.

(2) Despite any other provision of this Act, a person or panel appointed under subsection (1) has jurisdiction only respecting reconsiderations under section 52.

18 Section 52 (10) of the Motor Carrier Act, as enacted by section 22 of the Cabinet Appeals Abolition Act, S.B.C. 1993, c. 38, is repealed and the following substituted:

(10) If a notice of intention to appeal was given under this section before the coming into force of section 22 of the Cabinet Appeals Abolition Act, S.B.C. 1993, c. 38, and the appeal was not heard by the Lieutenant Governor in Council before the coming into force of that section,

(a) no appeal lies to the Lieutenant Governor in Council,

(b) the notice of intention to appeal is deemed to be an application for reconsideration under subsection (1) of this section, and

(c) despite subsections (1) and (2) of this section, the reconsideration panel has jurisdiction under this section to deal with the subject matter of the application.

 
Park Act

19 Schedule B of the Park Act, R.S.B.C. 1979, c. 309, is amended in the legal description of the boundaries of Cape Scott Park, beginning at line 10, by striking out "thence Easterly along the northerly boundaries of Sections 31 and 32 to the northeast corner of Section 32; thence Southerly along the easterly boundary of Section 32 to the northwest corner of Section 28; thence Easterly along the northerly boundary of Section 28 to the northeast corner of the west half thereof; thence Southerly along the easterly boundaries of the west halves of Sections 28, 21 and 16 to the northerly boundary of Section 9;" and substituting "thence Easterly along the northerly boundaries of Sections 31 and 32 to the northwest corner of Section 33; thence Southerly along the westerly boundaries of Sections 33 and 28 to the northwest corner of the west half of Section 21; thence Easterly along the northerly boundary of said west half of Section 21 to the northeast corner thereof; thence Southerly along the easterly boundaries of the west halves of Sections 21 and 16 to the northerly corner of the west half of Section 9;".

 
Petroleum and Natural Gas Act

20 Section 1 of the Petroleum and Natural Gas Act, R.S.B.C. 1979, c. 323, is amended

(a) in the definition of "licence" by striking out "drilling, geophysical or rig licence" and substituting "a drilling or geophysical licence",

(b) in the definition of "test hole" by adding "without the production of these resources" after "natural gas resources", and

(c) by adding the following definitions:

"production" means the flowing of petroleum fluid, natural gas or brine from a well to the surface for the purpose of sale or trade, but does not include the flowing of petroleum fluids, natural gas or brine from a well to the surface for the purpose of evaluation of the fluid or formation properties if the petroleum fluid, natural gas or brine is not gathered and stored or shipped for sale or trade;

"recycling" means the injection and subsequent production of natural gas in a field or pool, where petroleum recovery from the natural gas is the primary mode of liquid hydrocarbon production from the field or pool; .

21 Section 80 (2) is repealed.

22 The following section is added:

Attachment

92.3 (1) If the administrator has knowledge or suspects that a person is or is about to become indebted or liable to make a payment to a producer, the administrator may demand that the person pay the money otherwise payable to the producer, in whole or in part, to the administrator on account of the producer's liability under this Act.

(2) Without limiting the generality of subsection (1), if the administrator has knowledge or suspects that a person is about to advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by a producer, the administrator may demand that the person pay to the administrator on account of the producer's liability under this Act the money that would otherwise be advanced or paid.

(3) If under this section the administrator demands that a person pay to the administrator, on account of the liability under this Act of a producer, money otherwise payable by that person to the producer as interest, rent, remuneration, a dividend, an annuity or other periodic payment, the demand

(a) applies to all of those payments to be made by the person to the producer until the liability under this Act is satisfied, and

(b) operates to require payments to the administrator, out of each payment, of the amount stipulated by the administrator in that demand.

(4) Money or a beneficial interest in money in a savings institution

(a) on deposit to the credit of a producer at the time a demand is served, or

(b) deposited to the credit of a producer after a demand is served is money for which the savings institution is indebted to a producer within the meaning of this section, but money on deposit or deposited to the credit of a producer as described in paragraph (a) or (b) does not include money on deposit or deposited to the credit of a producer in the producer's capacity as a trustee.

(5) A demand under this section continues in effect until

(a) the demand is satisfied, or

(b) 90 days after the demand is mailed or served, whichever is earlier.

(6) Despite subsection (5), a demand made in respect of a periodic payment referred to in subsection (3) continues in effect until it is satisfied unless no periodic payment is made or is liable to be made within 90 days after the demand is mailed or served, in which case the demand ceases to have effect on the expiration of that period.

(7) A person who fails to comply with a demand under subsection (1) or (3) is liable to pay to the government an amount equal to the amount that the person was required under subsection (1) or (3), as the case may be, to pay to the administrator.

(8) A person who fails to comply with a demand under subsection (2) is liable to pay to the government an amount equal to the lesser of

(a) the aggregate of the money advanced or paid, and

(b) the amount that the person was required under subsection (2) to pay to the administrator.

(9) The receipt of the administrator for money paid under this section is a good and sufficient discharge of the original liability to the extent of the payment.

(10) Money paid by any person to the administrator in compliance with a demand under this section is deemed to have been paid by that person to the producer in respect of which the demand was made.

(11) If a person carries on business under a name or style other than the person's own name, a demand under subsection (1), (2) or (3) may be addressed to the name or style under which the person carries on business and, in the case of personal service, is deemed to be validly served if it is left with an adult person employed at the addressee's place of business.

(12) If persons carry on a business in partnership, a demand under subsection (1), (2) or (3) may be addressed to the partnership in its name and, in the case of personal service, is deemed to be validly served if served on one of the partners or left with an adult person employed at the partnership's place of business.

23 Section 93.3 of the Petroleum and Natural Gas Act, as enacted by section 17 of the Mineral Land Tax Amendment Act, 1992, S.B.C. 1992, c. 13, is amended by adding ", 92.3" after "92.2".

24 Division (3) of Part 12 is repealed.

25 Section 109 is amended

(a) in subsection (1) by striking out "well authorization, test hole authorization or rig licence." and substituting "well authorization or test hole authorization.", and

(b) in subsection (2) by striking out "well authorization, test hole authorization and rig licence issued." and substituting "well authorization and test hole authorization issued."

26 Section 110 (1) is amended by striking out "A well authorization, test hole authorization or rig licence" and substituting "A well authorization or test hole authorization".

27 Section 112 (1) (g.1) is amended by adding "or experimental schemes" after "test hole drilling".

28 Section 116 is amended by adding the following paragraph:

(a.1) the experimental application of oil field technology as defined by regulation; .

29 Section 137 is amended by adding the following subsection:

(3) The Surveyor General may make regulations the Surveyor General considers necessary or advisable for surveys, and all matters that relate to surveys, required under this Act.

 
Science and Technology Fund Act

30 Section 3 (b) of the Science and Technology Fund Act, S.B.C. 1990, c. 69, is repealed and the following substituted:

(b) money received by the government as a result of any activity funded under this Act, including any money received under an agreement or arrangement made respecting that activity.

 
Wildlife Act

31 Section 12 (1) (a) of the Wildlife Act, S.B.C. 1982, c. 57, is amended by striking out "carries" where it first occurs and substituting "holds".

32 Section 87 is repealed and the following section is substituted:

Failure to pay fine

87 If a person has not paid a fine imposed as a result of a conviction for an offence

(a) under this Act or the regulations or under section 12 of the Firearm Act, the director must cancel all licences, permits and limited entry hunting authorizations issued to that person, and

(b) under this Act or the regulations or under section 4 or 12 of the Firearm Act, the director must refuse to issue or renew a licence, permit or limited entry hunting authorization for that person until the fine is paid.

33 Section 99 is amended by striking out "be in possession of" and substituting "hold".

Commencement

34 Sections 1, 3 to 12 and 16 to 30 come into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

 
British Columbia Buildings Corporation Act
(Ministry of Employment and Investment)

SECTION 1: amends section 11 of the British Columbia Buildings Corporation Act to increase the maximum amount that may be borrowed by British Columbia Buildings Corporation from $700 million to $900 million.

 
British Columbia Transit Act
(Ministry of Employment and Investment)

SECTION 2: provides an opportunity for the mayors from the City of Langley, the District of Langley, Maple Ridge and Pitt Meadows to be appointed to the Vancouver Regional Transit Commission and corrects the reference to an "electoral area director" for View Royal and Langford to "mayor".

 
Farming and Fishing Industries Development Act
(Ministry of Agriculture, Fisheries and Food)

SECTION 3: allows representation on councils from ministries of government other than Agriculture, Fisheries and Food.

SECTION 4: provides that a council is a corporation with independent legal capacity. The powers of a council may be expanded or restricted by regulation.

SECTION 5: authorizes a council to grant development funds to any person that the council determines will use the funds to benefit the industry.

SECTION 6: authorizes a council to conduct audits to ensure levies payable under the Act are being remitted.

SECTION 7:

(a) allows regulations to be made authorizing a council to charge interest on unpaid levies;

(b) is consequential to the addition of section 2.1 (3).

 
Ferry Corporation Act
(Ministry of Employment and Investment)

SECTION 8: is self explanatory.

SECTION 9: amends section 3 of the Ferry Corporation Act to clarify that directors of the corporation may delegate powers or duties to officers of the corporation.

SECTION 10: amends section 5 of the Ferry Corporation Act to remove the necessity for the appointment of a general manager.

SECTION 11: amends section 8 of the Ferry Corporation Act to

(a) provide that the corporation's auditor is to be appointed by the Minister of Finance and Corporate Relations, and

(b) require the corporation to report to the minister as to its success in meeting its mandate and objects.

SECTION 12: substitutes section 27 of the Ferry Corporation Act to permit regulations to be made respecting safety and traffic control on corporate properties and ferries.

 
Health Authorities Act
(Ministry of Health)

SECTION 13:

SECTION 14: amends section 21 (a) of the Hospital Insurance Act to allow the acquisition of hospitals and health facilities, and land, buildings and equipment to be used for hospital or health facility purposes, to be expropriated in the manner provided for under the Expropriation Act.

 
Industrial Development Incentive Act
(Ministry of Employment and Investment)

SECTION 15: amends section 6 (2) (c) of the Industrial Development Incentive Act to increase the funding cap of the Industrial Incentive Fund from $235 million to $246 million.

 
Motor Carrier Act
(Ministry of Transportation and Highways)

SECTION 16: amends section 31.2 of the Motor Carrier Act to prohibit the chair of the Motor Carrier Commission from establishing a panel for the purposes of section 52 of that Act.

SECTION 17: enacts section 31.3 of the Motor Carrier Act to authorize the Lieutenant Governor in Council to appoint a panel of the Motor Carrier Commission whose only function is to reconsider decisions under section 52 of the Motor Carrier Act.

SECTION 18: substitutes section 52 (10) of the Motor Carrier Act to provide that pending appeals to the Lieutenant Governor in Council will be dealt with by the reconsideration panel created under section 31.3 of the Motor Carrier Act.

 
Park Act
(Ministry of Environment, Lands and Parks)

SECTION 19: amends the legal description of the boundaries of Cape Scott Park, a Schedule B park under the Park Act, to effect a land exchange between privately held land within Cape Scott Park and park land at the boundaries of Cape Scott Park.

 
Petroleum and Natural Gas Act
(Ministry of Energy, Mines and Petroleum Resources)

SECTION 20:

(a) is consequential to the amendment made by section 24 of this Bill;

(b) clarifies that a test hole is a non-producing well;

(c) adds new definitions.

SECTION 21: repeals an erroneous reference to a penalty provision that no longer applies.

SECTION 22: provides for the collection of royalties by means of attachment from third parties on behalf of the Crown.

SECTION 23: makes the attachment provisions applicable to the freehold production tax levied under Part 11.1 of the Petroleum and Natural Gas Act.

SECTION 24: repeals the requirement for a rig licence to operate a drilling rig.

SECTIONS 25 and 26: are consequential to the amendment made by section 24 of this Bill.

SECTION 27: allows the making of regulations respecting experimental schemes.

SECTION 28: adds experimental schemes to the category of schemes that require ministerial approval.

SECTION 29: allows the Surveyor General to make regulations respecting surveys required by the Petroleum and Natural Gas Act.

 
Science and Technology Fund Act
(Ministry of Employment and Investment)

SECTION 30: clarifies that all money received by the government from an activity funded under the Science and Technology Fund Act is to be deposited into the fund created by that Act.

 
Wildlife Act
(Ministry of Environment, Lands and Parks)

SECTION 31: makes the distinction for enforcement purposes, between a person who fails to carry a licence and a person who fails to obtain one.

SECTION 32: extends the ability of the director to take licensing action for failure to pay fines under the Firearm Act.

SECTION 33: makes the distinction for enforcement purposes, between a person who fails to carry a licence and a person who fails to obtain one.


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