1995 Legislative Session: 4th 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 17 -- 1995

MISCELLANEOUS STATUTES AMENDMENT ACT, 1995

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

 
Attorney General Statutes Amendment Act, 1989

1 Section 6 of the Attorney General Statutes Amendment Act, 1989, S.B.C. 1989, c. 64, is repealed.

 
Coal Act

2 Section 32 (1) to (3) of the Coal Act, R.S.B.C. 1979, c. 51, is repealed and the following substituted:

(1) The minister may, by regulation, designate an area of coal land as a coal land reserve.

(2) Unless a regulation designating coal land as a coal land reserve provides otherwise,

(a) no free miner shall explore for, develop or produce coal on a coal land reserve, and

(b) no permit, licence or lease shall be issued for a coal land reserve.

(3) The minister may, by regulation, cancel at any time all or part of a coal land reserve subject to the terms and conditions the minister prescribes.

3 Section 35 (2) (b) is repealed.

 
Expropriation Act

4 Section 19 of the Expropriation Act, S.B.C. 1987, c. 23, is amended by adding the following subsection:

(1.1) A payment is deemed to be made under subsection (1) (d) at the time that the expropriating authority tenders the amount of the payment to or to the order of the owner in cash or by cheque, draft, telegraphic or electronic transfer or any other prescribed method.

5 Section 24 is amended by striking out "the sum paid" and substituting "that payment".

 
Family Relations Act

6 The Family Relations Act, R.S.B.C. 1979, c. 121, is amended by adding the following section:

Canada Pension Plan

48.1 A marriage agreement or other written agreement between spouses entered into on or after June 4, 1986 may provide that, despite the Canada Pension Plan, there be no division of unadjusted pensionable earnings under that Act.

7 Section 55.92 (1) (c) is amended by adding "under section 48.1" after "by the spouse" and by striking out "pension entitlement" and substituting "the unadjusted pensionable earnings".

8 The following section is added:

Plan and administrator not liable

55.961 No plan or administrator of a plan is liable for loss or damage suffered by any person because of anything done or omitted to be done by an administrator who relies and acts in good faith on

(a) a notice or waiver given under this Part, or

(b) a court order or separation agreement attached to a notice given under this Part.

 
Insurance Act

9 Section 1 (1) of the Insurance Act, R.S.B.C. 1979, c. 200, is amended by repealing the definition of "registrar".

10 Section 171 is repealed and the following substituted:

Minors

171 (1) Where an insurer admits liability for insurance money payable to a minor or for insurance money payable to a trustee for a beneficiary who is a minor, the insurer shall, within 30 days after receiving the evidence referred to in section 155,

(a) in the case of money payable to a minor other than a minor referred to in paragraph (b), pay the money to the Public Trustee in trust for the minor,

(b) in the case of money payable to a minor who has attained the age of 18 years and who is capable and willing to give a discharge for the money, pay the money to the minor, or

(c) in the case of money payable to a trustee for a beneficiary who is a minor, pay the money to the trustee.

(2) An insurer who makes a payment under subsection (1) (c) shall, within 30 days after the date of payment, give written notice to the Public Trustee stating the name and address of the minor, the name and address of the trustee and the amount of the payment.

(3) Payment of the insurance money referred to in subsection (1) discharges the insurer where the payment is made in accordance with subsection (1).

11 Section 205 is repealed and the following substituted:

Minors

205 (1) Where an insurer admits liability for insurance money payable to a minor or for insurance money payable to a trustee for a beneficiary who is a minor, the insurer shall, in accordance with subsection (2),

(a) in the case of money payable to a minor other than a minor referred to in paragraph (b), pay the money to the Public Trustee in trust for the minor,

(b) in the case of money payable to a minor who has attained the age of 18 years and who is capable and willing to give a discharge for the money, pay the money to the minor, or

(c) in the case of money payable to a trustee for a beneficiary who is a minor, pay the money to the trustee.

(2) Money payable under subsection (1) shall be paid within 60 days after the contract conditions respecting payment are substantially fulfilled or, if an earlier payment is required under the contract, by the date by which, under the contract, payment is to be made.

(3) An insurer who makes a payment under subsection (1) (c) shall, within 30 days after the date of payment, give written notice to the Public Trustee stating the name and address of the minor, the name and address of the trustee and the amount of the payment.

(4) Payment of the insurance money referred to in subsection (1) discharges the insurer where the payment is made in accordance with subsections (1) and (2).

12 Section 364.1 is repealed.

13 Section 364.2 is amended by striking out ", 363 or 364.1" and substituting "or 363".

 
Jury Act

14 Section 22 of the Jury Act, R.S.B.C. 1979, c. 210, is repealed and the following substituted:

Jurors' fees

22 (1) A person sitting as a juror at a trial is entitled to be paid

(a) an allowance for necessary and reasonable expenses, and

(b) a prescribed fee for each day that the person is required to attend at a sitting or a trial.

(2) A person serving on a jury panel but not selected to sit as a juror is entitled to receive

(a) an allowance for necessary and reasonable expenses, and

(b) a prescribed fee for each day that the person is required to attend at a sitting.

15 Section 32 is repealed and the following substituted:

Power to make regulations

32 (1) The Lieutenant Governor in Council may make regulations as referred to in section 41 of the Interpretation Act.

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

(a) respecting the allowances and fees, if any, payable under section 22;

(b) for any other matter necessary or advisable to carry out this Act.

(3) A regulation under subsection (2) (a) may

(a) provide for different allowances and fees for different classes of persons, or

(b) provide that no allowance or fee is payable to a class of persons.

 
Justice Reform Statutes Amendment Act, 1989

16 Section 37 of the Justice Reform Statutes Amendment Act, 1989, S.B.C. 1989, c. 30, is repealed.

 
Mineral Prospectors Act

17 The Mineral Prospectors Act, R.S.B.C. 1979, c. 262, is repealed.

 
Mineral Tax Act

18 Section 1 of the Mineral Tax Act, S.B.C. 1989, c. 55, is amended by adding the following subsections:

(4) Where an operator of a mine has become bankrupt or is discharged from bankruptcy, the following rules apply for the purposes of this Act despite the definition of fiscal year:

(a) a fiscal year of the mine that would otherwise have ended after the date on which the operator became bankrupt or was discharged shall be deemed to have ended on the day immediately before the date of that bankruptcy or discharge;

(b) a new fiscal year of the mine shall be deemed to have commenced on the date the operator became bankrupt or was discharged.

(5) Where an interest in a mine is acquired or disposed of, the following rules apply for the purposes of this Act despite the definition of fiscal year:

(a) a fiscal year of the mine that would otherwise have ended after the date on which the interest was acquired or disposed of shall be deemed to have ended on the day immediately before the date of that acquisition or disposition;

(b) a new fiscal year of the mine shall be deemed to have commenced on the date on which the interest was acquired or disposed of.

(6) Subsection (5) does not apply where the interest that is acquired or disposed of is restricted to a right to a royalty or other similar payment.

19 Section 10 is amended

(a) in subsection (1) by repealing paragraph (c) and substituting the following:

(c) the amount, determined under this section, of the investment allowance for the fiscal year of the mine, and ,

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

(2) Subject to subsections (2.1), (2.2), (3) and (4), the investment allowance for a fiscal year of the mine shall be the investment allowance rate for that fiscal year multiplied by the average of

(a) the balance in the cumulative expenditure account of the operator for that mine at the end of the immediately preceding fiscal year of the mine, and

(b) the amount, if any, by which the aggregate of the amounts determined under subsection (1) (a), (b), (b.1) and (d) exceeds the aggregate of the amounts determined under subsection (1) (e) to (g). , and

(c) by adding the following subsections:

(2.1) Where an operator acquires an interest in a mine, the investment allowance for the fiscal year of the mine that is deemed by section 1 (5) to commence on the date of acquisition shall be the investment allowance rate for that fiscal year multiplied by the average of

(a) the aggregate of

(i) the balance in the cumulative expenditure account of the operator for that mine at the end of the immediately preceding fiscal year of the mine, and

(ii) the amount included in prescribed costs and expenses under subsection (1) (b) in respect of that acquisition, and

(b) the amount, if any, by which the aggregate of amounts determined under subsection (1) (a), (b), (b.1) and (d) exceeds the aggregate of amounts determined under subsection (1) (e) to (g).

(2.2) Where an operator disposes of an interest in a mine, the investment allowance for the fiscal year of the mine that is deemed by section 1 (5) to commence on the date of disposition shall be the investment allowance rate for that fiscal year multiplied by the average of

(a) the amount, if any, by which the balance in the cumulative expenditure account of the operator for that mine at the end of the immediately preceding fiscal year of the mine exceeds the amount included in net revenue under subsection (1) (f) (iii) in respect of the disposition, and

(b) the amount, if any, by which the aggregate of amounts determined under subsection (1) (a), (b), (b.1) and (d) exceeds the aggregate of amounts determined under subsection (1) (e) to (g).

20 Section 41 (2) is amended by adding the following paragraph:

(c.1) to prescribe forms, other than those referred to in section 41.1, .

21 The following section is added:

Power to prescribe returns

41.1 The minister may prescribe the forms and information required for the purposes of section 12 (1), (5) and (7).

 
Miscellaneous Statutes Amendment Act (No. 2), 1988

22 Section 43 (a), (b), (d), (e) and (f) of the Miscellaneous Statutes Amendment Act (No. 2), 1988, S.B.C. 1988, c. 46, is repealed.

 
Miscellaneous Statutes Amendment Act (No. 3), 1994

23 Sections 5 and 6 of the Miscellaneous Statutes Amendment Act (No. 3), 1994, S.B.C. 1994, c. 51, are repealed.

 
Offence Act

24 Section 14 of the Offence Act, R.S.B.C. 1979, c. 305, is amended

(a) in subsection (3) (b) by striking out "under this section", and

(b) by repealing subsections (9) and (10).

25 Section 121.1 (1) is amended by adding " , on the recommendation of the Attorney General," after "may".

26 Section 121.1 (2) is amended

(a) by adding " , on the recommendation of the Attorney General," after "the Lieutenant Governor in Council may", and

(b) by adding the following paragraph:

(b.1) subject to subsections (3) and (4), prescribing a fine for the contravention of an enactment for the purposes of sections 14 and 14.2 (1), .

27 Section 121.1 is amended by adding the following subsections:

(3) The Attorney General must consult with the chief judge of the Provincial Court before recommending a fine to be prescribed under subsection (2) (b.1).

(4) If a minimum or maximum fine is established by an enactment, the fine prescribed under subsection (2) (b.1) must not be less than the minimum or more than the maximum fine established by the enactment.

(5) A regulation made under subsection (2) (b.1) may prescribe, for contravention of the same enactment, different fines for the purposes of sections 14 and 14.2 (1).

 
Pacific National Exhibition Incorporation Act

28 Section 4 (2) and (3) of the Pacific National Exhibition Incorporation Act, S.B.C. 1973, c. 66, is repealed and the following substituted:

(2) In relation to its objects and other powers under this Act, the exhibition has the powers of a corporation incorporated under the Company Act and, unless inconsistent with this Act, the Company Act and the Company Clauses Act apply to the exhibition.

29 Section 5 is repealed.

30 Section 7 is repealed and the following substituted:

Appointment of board

7 (1) The board shall consist of 15 directors appointed by the Lieutenant Governor in Council.

(2) The directors appointed under subsection (1) shall, in the opinion of the Lieutenant Governor in Council, be representative, singularly or as a group, of the agricultural, mining, forestry, fishing, manufacturing, business, commercial, cultural, ethnic, artistic, sports, recreational and trade union communities or interests in the Province.

(3) Every director shall hold office from the date of appointment until the earlier of

(a) September 30 in the second year following his or her appointment, and

(b) the termination date, if any, stated in the order of appointment.

(4) In addition to the 15 directors provided for in this section, the Premier and every member of the Executive Council of the Province, the mayor of every municipality in the Province, and such other persons as may be designated by the Lieutenant Governor in Council, shall be honorary directors of the association.

(5) No honorary director under subsection (4) shall be vested with or exercise any of the powers of a director appointed under subsection (1).

(6) The Lieutenant Governor in Council may appoint a director to act as chair of the board, to hold this office until the earliest of

(a) the date that the person ceases to hold office as a director,

(b) the termination date, if any, stated in the order of appointment, and

(c) the date the appointment is rescinded by the Lieutenant Governor in Council.

31 Section 9 (3) is amended by striking out "sixteen" and substituting "15".

32 Section 12 is amended

(a) in subsection (1) by striking out ", but the exhibition shall not give security without first obtaining the consent, by way of resolution, of the council of the City of Vancouver", and

(b) by repealing subsection (2).

33 Section 13 is amended

(a) in subsection (1) by striking out "March 31," and substituting "December 31,", and

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

(3) By March 31 in each year, the exhibition shall submit the report to the minister.

(4) The minister shall lay the report before the Legislative Assembly at the first sitting of the Legislative Assembly that follows the day on which the minister receives the report.

34 Section 15 is amended by striking out "City of Vancouver." and substituting "Province."

 
Power of Attorney Act

35 Section 7 (3) of the Power of Attorney Act, R.S.B.C. 1979, c. 334, is repealed.

 
Property Transfer Tax Act

36 Section 3.2 of the Property Transfer Tax Act, S.B.C. 1987, c. 15, is amended in paragraph (b) of the definition of "first time home buyer" by adding "immediately" after "one year".

 
Public Guardian and Trustee Act

37 Section 30 (1) (j) of the Public Guardian and Trustee Act, S.B.C. 1993, c. 64, is amended by striking out "sections 171 (3) and 205 (3);" and substituting "sections 171 (1) (a) and (2) and 205 (1) (a) and (3);".

 
Social Workers Act

38 The Social Workers Act, R.S.B.C. 1979, c. 389, is amended by adding the following section:

Legal capacity

2.1 (1) For the purposes of this Act, the board may

(a) purchase material and equipment,

(b) acquire, maintain and dispose of property,

(c) employ or retain the services of persons, and

(d) enter into agreements.

(2) The board has the necessary legal capacity to sue and be sued in its own name for the purposes of a matter arising under subsection (1).

 
Supreme Court Act

39 Section 2 of the Supreme Court Act, S.B.C. 1989, c. 40, is amended by adding the following subsection:

(12) For the office of Chief Justice, there is, subject to subsection (2), an additional office of judge that the Chief Justice may elect, under the Judges Act (Canada), to hold.

Transitional -- board of directors

40 Despite section 7 (3) of the Pacific National Exhibition Incorporation Act, directors of the board under that Act who hold office at the time this section comes into force continue to hold office until the later of

(a) September 30, 1995, and

(b) the termination date, if any, stated in the order of appointment.

Commencement

41 (1) Sections 6 to 8 come into force on July 1, 1995.

(2) Sections 1, 9 to 17, 22, 23 to 27, 37 and 39 come into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

 
Attorney General Statutes Amendment Act, 1989
(Ministry of Attorney General)

SECTION 1: [Attorney General Statutes Amendment Act, 1989, repeals section 6] repeals provision rendered unnecessary by the amendments effected by sections 10 and 11 of this Bill.

 
Coal Act
(Ministry of Energy, Mines and Petroleum Resources)

SECTION 2: [Coal Act, reenacts section 32 (1) to (3)] transfers to the minister the Lieutenant Governor in Council's powers with respect to coal land reserves.

SECTION 3: [Coal Act, repeals section 35 (2) (b)] repeals an obsolete provision.

 
Expropriation Act
(Ministry of Attorney General)

SECTION 4: [Expropriation Act, amends section 19] clarifies that a payment is made under section 19 of the Expropriation Act at the time that the money, cheque or other method of payment of that amount is tendered to or to the order of the owner.

SECTION 5: [Expropriation Act, amends section 24] clarifies that the one year period within which an owner may apply for a determination of compensation under Part 5 of the Expropriation Act runs from the date that a payment is tendered to or to the order of the owner under section 19 of the Expropriation Act as amended by this Bill.

 
Family Relations Act
(Ministry of Attorney General)

SECTION 6: [Family Relations Act, adds section 48.1] provides that a written agreement between spouses may contain a provision that on marriage breakdown there be no division of unadjusted pensionable earnings under the Canada Pension Plan.

SECTION 7: [Family Relations Act, amends section 55.92 (1) (c)] adds a cross reference and corrects terminology.

SECTION 8: [Family Relations Act, adds section 55.961] provides protection for pension plans and plan administrators from liability for loss or damage when an administrator relies and acts in good faith on a notice, waiver or other document given under Part 3.1 of the Family Relations Act.

 
Insurance Act
(Ministry of Finance and Corporate Relations)

SECTION 9: [Insurance Act, amends section 1] repeals a definition no longer required for the Insurance Act as a result of the enactment of the Financial Institutions Act.

SECTIONS10 and 11: [Insurance Act, reenacts sections 171 and 205] require insurers obligated to pay insurance money to a minor to pay that money, once the insurers receive satisfactory proof of the claim, to the Public Trustee, to the minor's trustee or, if the minor is 18 years of age and is capable of giving and willing to give a discharge for the money, to the minor.

SECTION 12: [Insurance Act, repeals section 364.1] repeals a specific offence provision no longer required for the Insurance Act as a result of the enactment of the Financial Institutions Act.

SECTION 13: [Insurance Act, amends section 364.2] repeals a cross reference to a provision which has been repealed by section 12 of this Bill.

 
Jury Act
(Ministry of Attorney General)

SECTIONS14 and 15: [Jury Act, reenacts sections 22 and 32] permit the fees and expenses paid to jurors and persons serving on a jury panel to be set by regulation.

 
Justice Reform Statutes Amendment Act, 1989
(Ministry of Attorney General)

SECTION 16: [Justice Reform Statutes Amendment Act, 1989, repeals section 37] repeals a provision consequential to the repeal of section 14 (9) and (10) of the Offence Act. The repealed provision is transferred to section 121.1 (5) added by section 27 of this Bill.

 
Mineral Prospectors Act
(Ministry of Energy, Mines and Petroleum Resources)

SECTION 17: [Mineral Prospectors Act, repealed] repeals a redundant Act that authorizes the Ministry of Energy, Mines and Petroleum Resources to offer training programs and provide financial assistance to prospectors, which authority now exists and will continue under the Ministry's vote description.

 
Mineral Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 18: [Mineral Tax Act, amends section 1] requires the fiscal year end of a mine to occur when an operator of the mine becomes bankrupt or when an interest in the mine is acquired or disposed of.

SECTION 19: [Mineral Tax Act, amends section 10] is consequential to the proposed section 1 (5) of the Mineral Tax Act and corrects a reference error in the present section 10 (2). The proposed section 10 (2.1) and (2.2) adjusts the calculation of the investment allowance when an interest in a mine is acquired or disposed of. The purpose is to ensure that the persons who acquire and dispose of the interest earn the allowance for the period during which each holds the interest.

SECTION 20: [Mineral Tax Act, amends section 41 (2)] clarifies that the Lieutenant Governor in Council continues to have the power to prescribe forms, except returns.

SECTION 21: [Mineral Tax Act, adds section 41.1] allows the minister to prescribe the form of, and the information to be contained in, returns.

 
Miscellaneous Statutes Amendment Act (No. 2), 1988
(Ministry of Attorney General)

SECTION 22: [Miscellaneous Statutes Amendment Act (No. 2), 1988, amends section 43] repeals amendments not in force.

 
Miscellaneous Statutes Amendment Act (No. 3), 1994
(Ministry of Attorney General)

SECTION 23: [Miscellaneous Statutes Amendment Act (No. 3), 1994, repeals sections 5 and 6] repeals provisions rendered unnecessary by the amendments effected by sections 10 and 11 of this Bill.

 
Offence Act
(Ministry of Attorney General)

SECTION 24: [Offence Act, amends section 14] repeals the authority of the Attorney General to establish fine amounts for violation tickets. That authority is transferred to the Lieutenant Governor in Council by the amendment to section 121.1 (2) of the Offence Act.

SECTION 25: [Offence Act, amends section 121.1 (1)] requires the recommendation of the Attorney General for Lieutenant Governor in Council regulations.

SECTION 26: [Offence Act, amends section 121.1 (2)]

(a) requires the recommendation of the Attorney General for regulations respecting violation tickets, and

(b) adds the authority for the Lieutenant Governor in Council to make regulations prescribing fine amounts for violation tickets.

SECTION 27: [Offence Act, amends section 121.1] adds provisions:

 
Pacific National Exhibition Incorporation Act
(Ministry of Small Business, Tourism and Culture)

SECTION 28: [Pacific National Exhibition Incorporation Act, amends section 4] provides that the exhibition has the same powers as a corporation incorporated under the Company Act and eliminates the requirement that land acquired by the exhibition be registered in the name of the City of Vancouver.

SECTION 29: [Pacific National Exhibition Incorporation Act, repeals section 5] eliminates the requirement that the registered office of the exhibition be at the City of Vancouver.

SECTION 30: [Pacific National Exhibition Incorporation Act, reenacts section 7] provides for the appointment of 15 directors to the board of the exhibition instead of the current 16 and changes their term of appointment from one year to 2 years.

SECTION 31: [Pacific National Exhibition Incorporation Act, amends section 9] is consequential to the change in the numbers of persons to be appointed to the board of the exhibition.

SECTION 32: [Pacific National Exhibition Incorporation Act, amends section 12] eliminates the requirement that the exhibition obtain the consent of the City of Vancouver before borrowing money.

SECTION 33: [Pacific National Exhibition Incorporation Act, amends section 13] provides for the financial year end to be December 31 instead of March 31 and sets out the obligations of the exhibition and the minister regarding the annual report.

SECTION 34: [Pacific National Exhibition Incorporation Act, amends section 15] provides for any surplus on dissolution of the exhibition to be paid to the Province instead of the City of Vancouver.

 
Power of Attorney Act
(Ministry of Attorney General)

SECTION 35: [Power of Attorney Act, amends section 7] repeals a spent provision.

 
Property Transfer Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 36: [Property Transfer Tax Act, amends section 3.2] clarifies that in order to qualify for an exemption as a "first time home buyer" under the Property Transfer Tax Act a person must have resided in British Columbia throughout the 12 month period immediately preceding the date of making the application for exemption at a land title office.

 
Public Guardian and Trustee Act
(Ministry of Attorney General)

SECTION 37: [Public Guardian and Trustee Act, amends section 30] amends cross references consequential to the amendments made by sections 10 and 11 of this Bill.

 
Social Workers Act
(Ministry of Social Services)

SECTION 38: [Social Workers Act, adds section 2.1] gives the board of registration legal capacity for limited purposes.

 
Supreme Court Act
(Ministry of Attorney General)

SECTION 39: [Supreme Court Act, amends section 2] permits the Chief Justice of the Supreme Court to elect under the Judges Act (Canada) to relinquish the position of Chief Justice and assume the role of judge of the court.

SECTION 40: [Transitional -- board of directors] contains the current 16 member Pacific National Exhibition board until September 30, 1995.


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