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 33 -- 1994

MISCELLANEOUS STATUTES AMENDMENT ACT, 1994

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

 
Correction Act

1 Section 1 of the Correction Act, R.S.B.C. 1979, c. 70, is amended

(a) by repealing the definition of "division",

(b) by repealing the definition of "director" and substituting the following:

"director" means the Director of the Investigation, Inspection and Standards Office; , and

(c) by adding the following definition:

"office" means the Investigation, Inspection and Standards Office; .

2 Section 44 is repealed and the following substituted:

Investigation, Inspection and Standards Office

44 (1) The minister must establish an office to be known as the Investigation, Inspection and Standards Office.

(2) The director and other employees in the office must be appointed under the Public Service Act.

3 Section 45 is amended

(a) in paragraphs (a) and (b) by striking out "division" and substituting "office",

(b) in paragraph (a) by striking out "commissioner" and substituting "minister",

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

(c) shall investigate any matter respecting the administration of this Act on the written request of the minister or commissioner or on the directorís own motion; , and

(d) in paragraph (e) by striking out "and commissioner".

 
Election Act

4 The Election Act, R.S.B.C. 1979, c. 103, is amended by adding the following section:

Cancellation of 1994 general enumeration

284 (1) The general enumeration of voters that would otherwise be required to be conducted under section 17 starting in May, 1994 is cancelled.

(2) If, before the next general election, the chief electoral officer considers that all or some of the lists of voters are not sufficiently current, the chief electoral officer may arrange for and conduct a general enumeration of all electoral districts or a limited enumeration of one or more electoral districts or parts of electoral districts.

 
Motion Picture Act

5 Section 6 (4) of the Motion Picture Act, S.B.C. 1986, c. 17, is amended by striking out "The director may impose conditions" and substituting "Without limiting section 8 (1.1), the director may impose conditions".

6 Section 8 is amended

(a) by adding the following subsection:

(1.1) The director may impose conditions on a licence when issuing the licence under subsection (1). , and

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

(2) If a licensee

(a) contravenes this Act, the regulations, a condition of any licence issued under this Act to the licensee or a decision of the director made under this Act or the regulations, or

(b) is convicted of an offence under this Act, the director may, with respect to any licence issued under this Act to the licensee

(c) impose conditions on the licence or rescind or amend existing conditions of the licence, or

(d) suspend or cancel the licence.

7 Section 12 is amended

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

(b) any adult film that he or she believes will be distributed by an adult film distributor or adult film retailer and

(i) that produces or reproduces an adult motion picture which has not been approved under section 3, or

(ii) that does not have attached to it a certificate or other evidence of that approval as required by section 3,

(b.1) any adult film that he or she believes is being used to produce or reproduce an adult motion picture, which has not been approved under section 3, on another adult film that he or she believes will be distributed by an adult film distributor or adult film retailer, and , and

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

(3) Unless an appeal is commenced under section 11, a film seized under subsection (2) or (2.1) becomes the property of the government of British Columbia and the director may destroy the film 60 days after it is seized.

 
Scholarship Act

8 Section 1 of the Scholarship Act, R.S.B.C. 1979, c. 374, is amended

(a) in subsection (1) by striking out "the United Kingdom," and substituting "any British Commonwealth country except Canada,", and

(b) in subsection (3) by striking out "the United Kingdom" and substituting "the British Commonwealth country".

 
Social Workers Act

9 Section 2 of the Social Workers Act, R.S.B.C. 1979, c. 389, is repealed and the following substituted:

Board of registration

2 (1) The board of registration for social workers is continued.

(2) The board consists of not more than 12 or fewer than 10 members appointed by the Lieutenant Governor in Council as follows:

(a) 2 from persons who are not social workers;

(b) the remainder from persons who are registered in accordance with the rules made under section 3.

(3) The registrar is not eligible to be a member of the board.

(4) The Lieutenant Governor in Council shall designate one of the members of the board as chair.

(5) The members of the board hold office for one year, and are eligible for reappointment.

(6) The board shall elect a vice chair and a secretary treasurer from among its members.

(7) A vacancy on the board caused by the death, resignation or incapacity of a member appointed under subsection (2) (a) or (2) (b) shall be filled by the Lieutenant Governor in Council appointing, under the applicable subsection, a person to hold office for the remainder of the memberís term.

10 Section 3 (c) is repealed and the following substituted:

(b.1) providing for the appointment and remuneration of a registrar and the maintenance of a register;

(c) providing for registration, and renewal of registration, of persons qualified for registration and for the fees for registration and renewal of registration; .

 
Supreme Court Act

11 Section 11 of the Supreme Court Act, S.B.C. 1989, c. 40, is amended by adding the following subsection:

(11) A master who resigns his or her appointment or who is appointed as a judge may, within 180 days after the resignation or appointment, give judgment in a proceeding the master heard while holding office and the judgment is valid and effective as though the master still held office.

Commencement

12 (1) Section 4 is deemed to have come into force on April 30, 1994 and is retroactive to the extent necessary to give it effect on and after that date.

(2) Sections 9 and 10 come into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

 
Correction Act
(Ministry of Attorney General)

SECTION 1: changes definitions to reflect the establishment of the Investigation, Inspection and Standards Office.

SECTION 2: requires the minister to establish the Investigation, Inspection and Standards Office, independent from the Corrections Branch.

SECTION 3: makes amendments to ensure that the director of the Investigation, Inspections and Standards Office reports to the minister and to permit the investigation of matters on his or her own motion.

 
Election Act
(Ministry of Attorney General)

SECTION 4: cancels the general enumeration that would otherwise be started on the first Monday in May of this year, while authorizing the chief electoral officer to conduct enumerations as that official considers advisable. This cancellation has been recommended by the chief electoral officer on the basis that the enumeration would not be a cost effective means of updating the current Provincial voters lists.

 
Motion Picture Act
(Ministry of Attorney General)

SECTION 5: is consequential to the addition of a more general power to impose conditions on a licence under section 8 of the Act.

SECTION 6: makes amendments to section 8 to allow the director to

(a) impose conditions when issuing a licence, and

(b) impose conditions when there has been a contravention of the Act, the regulations or a decision of the director.

SECTION 7: makes amendments to

(a) section 12 (2) to clarify the existing paragraph (b) and add paragraph (b.1) to permit the seizure of master copies of unapproved adult films, and

(b) section 12 (3) to allow destruction of films seized from unlicensed premises and to clarify that films seized are the property of the government.

 
Scholarship Act
(Ministry of Government Services and Minister Responsible for Sports and Commonwealth Games)

SECTION 8: allows Queen Elizabeth II Centennial Scholarships to be granted for graduate studies in other Commonwealth countries, including the United Kingdom.

 
Social Workers Act
(Ministry of Social Services)

SECTION 9: provides for the appointment of lay members to the board of registration and ensures that the other board members are registered social workers and that the registrar is not a board member.

SECTION 10: expands the board of registrationís power to make rules by authorizing it to make rules about the appointment and remuneration of a registrar.

 
Supreme Court Act
(Ministry of Attorney General)

SECTION 11: permits a master who resigns or who is appointed as a judge to give judgment within 6 months after the resignation or appointment in a proceeding that was heard by the master before the resignation or appointment.


[ Return to: Legislative Assembly Home Page ]

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada