1996 Legislative Session: 1st Session, 36th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE UJJAL DOSANJH
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR MULTICULTURALISM,
HUMAN RIGHTS AND IMMIGRATION
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 (No. 2), 1992
1 Section 15 of the Attorney General Statutes Amendment Act (No. 2), 1992, S.B.C. 1992, c. 32, is amended, in the part enacting section 16 (4) of the Liquor Control and Licensing Act, by striking out "section 20 (2)" wherever it appears and substituting "section 20 (5)".
BC Forest Renewal Act
2 Section 3 (1) of the BC Forest Renewal Act, S.B.C. 1994, c. 3, is amended by striking out "one or more members of the Executive Council" and substituting "not more than 3 members of the Legislative Assembly".
Columbia Basin Trust Act
3 Section 31 of the Columbia Basin Trust Act, S.B.C. 1995, c. 49, is amended by adding the following subsections:
(3) Without limiting subsection (1), if, in the region, a power generation, transmission or distribution facility is constructed in whole or in part by or on behalf of both the corporation or a subsidiary of the corporation and Columbia Power Corporation or a subsidiary of Columbia Power Corporation, the Lieutenant Governor in Council may, by regulation, exempt land and improvements included in that facility from all or any part of the taxes
(a) to which the land and improvements are or may be subject under any Act, and
(b) from which the land and improvements would be exempt were they owned and occupied by the government.
(4) For the purposes of subsection (3):
"improvements" and "land" have the same meaning as in the Assessment Act;
"subsidiary" has the same meaning as in the Company Act.
(5) With the approval of the Lieutenant Governor in Council, if an exemption is prescribed under subsection (3), the corporation may make annual grants to
(a) the Surveyor of Taxes with respect to a rural area within the region, and
(b) municipalities and other local governments within the region.
(6) Annual grants made under subsection (5) must not, in total, exceed the amount of the taxes from which the land and improvements referred to in subsection (3) were exempted under that subsection for that year.
Employee Investment Act
4 Section 23 (1) of the Employee Investment Act, S.B.C. 1989, c. 24, is amended by striking out "40%" and substituting "30%".
5 Section 24 (1) is amended by striking out "20%" and substituting "15%".
Freedom of Information and Protection of Privacy Act
6 Schedule 2 of the Freedom of Information and Protection of Privacy Act, S.B.C. 1992, c. 61, is amended in the column headed "Head" opposite the item "British Columbia Trade Development Corporation" by striking out "Chair of the Board of Directors" and substituting "Deputy Minister of Employment and Investment".
7 On the repeal of the Trade Development Corporation Act, Schedule 2 of the Freedom of Information and Protection of Privacy Act is amended by striking out "British Columbia Trade Development Corporation" in the column headed "Public Body" and by striking out "Deputy Minister of Employment and Investment" in the opposite column.8 Schedule 2 is amended by striking out "Medical Appeal Board (Hospital Act)" in the column headed "Public Body" and substituting "Hospital Appeal Board (Hospital Act)".
Hospital Act
9 Section 1 of the Hospital Act, R.S.B.C. 1979, c. 176, is amended
(a) by repealing the definition of "dentist", and
(b) by adding the following definition:
"practitioner" means
(a) a medical practitioner,
(b) a dentist registered under the Dentists Act, or
(c) a person registered as a member of a prescribed health profession.
10 Section 2 (1) (c) is amended by striking out "including medical staff bylaws," and substituting "including medical staff bylaws and other practitioner staff bylaws,".
11 Section 18 (1) (b) is amended by striking out "medical practitioner or dentist" and substituting "practitioner".
12 Section 24 (1) is amended by striking out "affidavit of a medical practitioner or dentist," and substituting "affidavit of a practitioner," and by striking out "qualification of the medical practitioner or dentist," and substituting "qualification of the practitioner,".
13 Section 36 is amended
(a) by adding the following subsection:
(1.1) The Lieutenant Governor in Council may, by regulation, prescribe a health profession for the purpose of the definition of "practitioner" in section 1. ,
(b) in subsection (3) (d) by striking out "physicians, dentists or paramedical personnel;" and substituting "practitioners;", and
(c) in subsection (3) (h) by striking out "medical practitioner or dentist" and substituting "practitioner".
14 Section 37 is repealed and the following substituted:
37 (1) For the purpose of providing to practitioners appeals from
(a) a decision of a board of management that modifies, refuses, suspends, revokes or fails to renew a practitioner's permit to practise in a hospital, or
(b) the failure or refusal of a board of management to consider and decide on an application for a permit,
the Lieutenant Governor in Council may, by regulation,
(c) establish one or more hospital appeal boards, and
(d) specify the powers, duties, functions, practices and procedures, including the quorum, of a hospital appeal board.
(2) A hospital appeal board may affirm, vary, reverse or substitute its own decision for that of a board of management on the terms and conditions it considers appropriate.
(3) The decision of a hospital appeal board is final and binding.
(4) The members of a hospital appeal board must be appointed by the minister in accordance with the regulations.
(5) For an appeal under this section, a hospital appeal board has the protections, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(6) All information or evidence
(a) about an application for a practitioner's permit to practise in a hospital, or contained in the decision of a board of management resulting from the application, or
(b) received by, or presented to, a hospital appeal board for an appeal
is privileged and an action must not be brought against a person for it.
(7) The Lieutenant Governor in Council may, by order, set the remuneration and expenses to be paid to members of hospital appeal boards.
(8) Before giving a decision on an appeal, a hospital appeal board may refer a matter to a professional or other organization in the health field to obtain expert assistance or a formal report.
(9) All appeals received by a medical appeal board before the coming into force of this subsection are to be continued before a hospital appeal board.
15 Section 43 (1) is amended by striking out "medical practitioner or dentist" and substituting "practitioner".
Hospital Insurance Act
16 Section 15 (3) (h) of the Hospital Insurance Act, R.S.B.C. 1979, c. 180, is amended by striking out "medical appeal boards" and substituting "hospital appeal boards".
Liquor Control and Licensing Act
17 Section 1 of the Liquor Control and Licensing Act, R.S.B.C. 1979, c. 237, is amended in the definition of "establishment" by adding at the end ", and includes within such a place or premises any area where liquor is manufactured, stored or served".
18 The following section is added:
40.1 (1) A licensee must not dilute or adulterate liquor or keep for sale, sell or in consideration of the purchase or transfer of property or for other consideration give diluted or adulterated liquor to another person.
(2) Subsection (1) does not prevent a licensee from diluting or adulterating liquor in a drink at the request of a customer ordering that drink.
(3) A licensee must not refill a bottle or container or add to the contents of a bottle or container purchased from the Liquor Distribution Branch.
19 Section 62 (4) is amended by adding "or the general manager" after "by the minister".
20 Section 72 is amended
(a) in subsection (1) by striking out "and" at the end of paragraph (a), by adding "and" at the end of paragraph (b) and by adding the following:
(c) establishments licensed under this Act and records, liquor and other things associated with the operation of the establishment. ,
(b) by adding the following subsections:
(1.1) A person carrying out an inspection under subsection (1) may
(a) remove records or things relevant to the inspection for the purpose of making copies or extracts, and
(b) take reasonable samples of liquor for testing and analysis.
(1.2) A person who removes records or things or takes a sample must
(a) give a receipt for the records or things removed or the sample taken, and
(b) make any copy or extract, and return the records or things taken, within a reasonable time.
(1.3) A copy made or extract taken under this section, certified by the person carrying out the inspection as a true copy of or extract from the original, is admissible in evidence to the same extent as, and has the same evidentiary value as, the record of which it is a copy or from which it is an extract.
(1.4) When acting under the authority of this section, a person shall carry identification in a form authorized by the general manager and present it on request to the owner or occupant of the premises referred to in subsection (1).
(1.5) A person when acting under the authority of this section may request and receive the assistance of a peace officer. , and
(c) by repealing subsection (2) (a) and substituting the following:
(a) to produce and submit a record or thing for inspection or a sample of liquor, or .
21 Section 74 (1) is amended by striking out "percentage of alcohol contained in that substance," and substituting "composition of that substance,".
Trade Development Corporation Act
22 Section 2 (1) of the Trade Development Corporation Act, S.B.C. 1989, c. 17, is repealed and the following substituted:
(1) The British Columbia Trade Development Corporation is continued as a corporation, consisting of not more than 3 directors appointed under this section.
(1.1) The person who, on the coming into force of this subsection, is the deputy minister is hereby appointed as a director of the corporation and continues as a director unless that appointment as director is rescinded by order of the Lieutenant Governor in Council.
(1.2) Subject to subsection (1.1), the Lieutenant Governor in Council may appoint the directors of the corporation.
23 Section 6 (2) is repealed.
24 The Trade Development Corporation Act, S.B.C. 1989, c. 17, is repealed.
25 On the repeal of the Trade Development Corporation Act
(a) the British Columbia Trade Development Corporation is dissolved,
(b) the appointment of each director of the British Columbia Trade Development Corporation is terminated,
(c) all of the rights, property and assets of the British Columbia Trade Development Corporation are transferred to and vested in the government, and
(d) all of the obligations and liabilities of the British Columbia Trade Development Corporation are transferred to and assumed by the government, become the government's obligations and liabilities and may be enforced against the government as if it had incurred them.
Vancouver Island Natural Gas Pipeline Act
26 Section 1 of the Vancouver Island Natural Gas Pipeline Act, S.B.C. 1989, c. 83, is amended by repealing the definition of "local distribution utility" and substituting the following:
"local distribution utility" means a public utility, as defined by section 1 of the Utilities Commission Act, that operates a system, connected directly to the pipeline, for the transmission, sale or delivery of natural gas; .
27 Section 7 (4) is repealed and the following substituted:
(4) Notwithstanding Parts 3 and 7 of the Utilities Commission Act, the Lieutenant Governor in Council may issue directions to the British Columbia Utilities Commission, specifying one or more of the following:
(a) the factors, criteria and guidelines that the commission must or must not use in regulating and fixing rates for the proponent or a local distribution utility;
(b) classes of customers of the proponent or of a local distribution utility, according to volume of natural gas taken, location, date of application for natural gas service, type of premises or on any other basis the Lieutenant Governor in Council considers appropriate;
(c) the rates that may be permitted to be charged under the Utilities Commission Act by the proponent to its customers or by a local distribution utility to its customers, and, in specifying rates under this paragraph, the Lieutenant Governor in Council may differentiate among the classes of customers specified under paragraph (b);
(d) limitations or principles that must be applied by the commission in fixing or varying the rates charged by the proponent to its customers or by a local distribution utility to its customers, and, for any specification of limitations or principles under this paragraph, differentiating, or requiring or empowering the commission to differentiate, among the classes of customers specified under paragraph (b);
(e) for all or part of any year since the commencement of operation of the pipeline, one or more of the following:
(i) the cost of service of the proponent or a local distribution utility;
(ii) the manner of determining the proponent's or a local distribution utility's cost of service;
(iii) the components, factors and considerations that must or must not be taken into account in making a determination under subparagraph (ii);
(f) an order that has been made by the British Columbia Utilities Commission and is or may be relevant to the proponent, one or more local distribution utilities, or both, and doing either or both of the following:
(i) requiring the commission to apply or to refrain from applying that order or a specified portion or aspect of that order to the proponent, one or more local distribution utilities, or both;
(ii) directing the commission as to the extent or manner in which it must or must not apply that order or a specified portion or aspect of that order to the proponent, one or more local distribution utilities, or both.
(4.1) Notwithstanding the Utilities Commission Act and the Gas Utility Act,
(a) the British Columbia Utilities Commission must comply with a direction issued under subsection (4) of this section, and
(b) if a direction issued under subsection (4) of this section is inconsistent or in conflict with the Utilities Commission Act or the Gas Utility Act, the direction prevails.
28 Section 7 is amended by adding the following subsections:
(6) The Vancouver Island Natural Gas Pipeline Special Direction, issued to the British Columbia Utilities Commission under Order in Council 1510/95 on December 13, 1995, is confirmed, and is conclusively deemed to be a direction validly issued under subsection (4) on that date.
(7) Subsection (6) is retroactive to the extent necessary to give it effect.
29 (1) In this section:
"amalgamating school district" means a currently existing school district abolished by an amalgamation order;
"amalgamation order" means an order of the Lieutenant Governor in Council under section 190 of the School Act abolishing currently existing school districts and establishing a new school district effective on a date before the end of 1996;
"new school district" means a school district created by an amalgamation order.
(2) For the 1996 general school election,
(a) no elections are to be held for trustees for amalgamating school districts,
(b) subject to an order under subsection (3), elections for the first trustees for new school districts must be conducted under the School Act, and that Act applies as if those new school districts were in existence, and
(c) an employee of an amalgamating school district is disqualified from being nominated for, being elected to or holding office as a trustee of the new school district created by the applicable amalgamation order unless the employee complies with section 43 of the School Act, and that section applies for this purpose.
(3) In relation to the elections for a new school district referred to in subsection (2) (b), the minister may, by order, do one or more of the following:
(a) specify an amalgamating school district or a local government as responsible for conducting an election;
(b) make exceptions to or modifications of the School Act, the Municipal Act or the Vancouver Charter in relation or as they apply to school trustees and their election and make new provisions respecting the school trustees and elections;
(c) grant additional powers to and establish additional responsibilities for a board of school trustees or local government or an officer or employee of a board or local government.
(4) If a quorum of trustees for a new school district has not taken the oath of office before the effective date of the applicable amalgamation order,
(a) the minister may appoint one or more persons as trustees for the new school district, with these trustees to hold office until a quorum of elected trustees has taken the oath of office, and
(b) the amalgamation order does not take effect until a quorum of trustees, either elected or appointed, has taken the oath of office.
(5) This section or an order under this section prevails to the extent of any conflict with the School Act, the Municipal Act, the Vancouver Charter or an amalgamation order.
30 (1) Sections 1 to 3, 8 to 21 and 24 come into force by regulation of the Lieutenant Governor in Council.
(2) Sections 26 and 27 are deemed to have come into force on December 12, 1995 and are retroactive to the extent necessary to give them effect on and after that date.
(3) Section 29 is deemed to have come into force on July 1, 1996 and is retroactive to the extent necessary to give it effect on and after that date.
Attorney General Statutes Amendment Act (No. 2), 1992
(Ministry of Attorney General)
SECTION 1: [Attorney General Statutes Amendment Act (No. 2), 1992, amends section 15] corrects a cross reference.
BC Forest Renewal Act
(Ministry of Forests)
SECTION 2: [BC Forest Renewal Act, amends section 3 (1)] replaces the present authority to appoint one or more members of the Executive Council to the board of Forest Renewal BC with the authority to appoint up to 3 members of the Legislative Assembly, who may or may not also be members of the Executive Council.
Columbia Basin Trust Act
(Ministry of Agriculture, Fisheries and Food)
SECTION 3: [Columbia Basin Trust Act, amends section 31] permits the Lieutenant Governor in Council, by regulation, to exempt from taxes payable under an enactment, land and improvements in a power project constructed by Columbia Power Corporation and Columbia Basin Trust, but allows Columbia Basin Trust, with the approval of the Lieutenant Governor in Council, to pay grants of not more than the amount for which an exemption was granted.
Employee Investment Act
(Ministry of Small Business, Tourism and Culture)
SECTION 4: [Employee Investment Act, amends section 23 (1)] reduces the amount that an employee venture capital corporation must pay under the Employee Investment Act into an investment protection account from 40% to 30% of the consideration received from the sale of equity shares.
SECTION 5: [Employee Investment Act, amends section 24 (1)] reduces the tax credit available to an eligible investor under the Employee Investment Act in respect of shares purchased in an employee venture capital corporation from 20% to 15% of the amount paid for that purchase.
Freedom of Information and Protection of Privacy Act
(Ministry of Finance and Corporate Relations)
SECTIONS 6 and 7: [Freedom of Information and Protection of Privacy Act, amends Schedule 2] are consequential to the amendment to section 2 of the Trade Development Corporation Act and to the repeal of that Act, respectively.
SECTION 8: [Freedom of Information and Protection of Privacy Act, amends Schedule 2] replaces a reference to "medical appeal board" with "hospital appeal board".
Hospital Act
(Ministry of Health)
SECTION 9: [Hospital Act, amends section 1] for the purposes of the Act, provides a definition of "practitioner" that maintains reference to medical practitioners and dentists and adds reference to registered members of health professions prescribed under the Act.
SECTION 10: [Hospital Act, amends section 2 (1) (c)] replaces a reference to "medical staff bylaws" with language that is compatible with other amendments to the Act.
SECTION 11: [Hospital Act, amends section 18 (1) (b)] replaces a reference to "medical practitioner or dentist" with "practitioner" respecting persons who attend to patients.
SECTION 12: [Hospital Act, amends section 24 (1)] replaces references to "medical practitioner or dentist" with "practitioner" respecting persons who swear/ affirm affidavits regarding a person's status as a patient.
SECTION 13: [Hospital Act, amends section 36]
(a) allows the Lieutenant Governor to prescribe health professions to be included in the definition of "practitioner",
(b) replaces a reference to "physicians, dentists or paramedical personnel" with "practitioners" respecting persons to whom a hospital issues permits to treat patients in the hospital, and
(c) replaces a reference to "medical practitioner or dentist" with "practitioner" respecting persons who supply patient records to hospitals.
SECTION 14: [Hospital Act, re-enacts section 37] replaces references to "medical appeal boards" with "hospital appeal boards" to which "practitioners" may appeal board of management decisions regarding permits to practise in a hospital and applications for permits.
SECTION 15: [Hospital Act, amends section 43 (1)] replaces a reference to "medical practitioner or dentist" with "practitioner" respecting persons who prepare patient records that belong to a hospital.
Hospital Insurance Act
(Ministry of Health)
SECTION 16: [Hospital Insurance Act, amends section 15] replaces a reference to "medical appeal boards" with "hospital appeal boards".
Liquor Control and Licensing Act
(Ministry of Attorney General)
SECTION 17: [Liquor Control and Licensing Act, amends section 1] amends the definition of "establishment" consequential to the amendment made to section 72 of the Act.
SECTION 18: [Liquor Control and Licensing Act, adds section 40.1] provides that it is unlawful to dilute or adulterate liquor.
SECTION 19: [Liquor Control and Licensing Act, amends section 62 (4)] authorizes the general manager to appoint or designate an analyst to determine whether a substance has sufficient ingredients to prevent its use as an alcoholic beverage.
SECTION 20: [Liquor Control and Licensing Act, amends section 72] authorizes the inspection of establishments, the taking of samples of liquor and the making of copies and extracts, and provides for their use as evidence.
SECTION 21: [Liquor Control and Licensing Act, amends section 74 (1)] provides for the use of a certificate as evidence of the composition of a sample of a substance.
Trade Development Corporation Act
(Ministry of Employment and Investment)
SECTION 22: [Trade Development Corporation Act, amends section 2] continues the British Columbia Trade Development Corporation as a corporation for a transitional period, pending the repeal of the Act, but reduces the number of directors of the corporation to not more than 3. The Act currently provides for "not less than 15 and not more than 30" directors.
SECTION 23: [Trade Development Corporation Act, repeals section 6 (2)] eliminates the requirement for an executive committee of the corporation composed of "not more than 8 directors", as a consequence of the reduction in the number of directors to not more than 3.
SECTION 24: [Trade Development Corporation Act, repeals the Act] provides for the repeal of the Trade Development Corporation Act. Under section 29 of this Bill, the repeal of that Act will become effective by regulation of the Lieutenant Governor in Council.
SECTION 25: [Trade Development Corporation Act, enacts a transitional provision] effective on repeal of the Trade Development Corporation Act, dissolves the Trade Development Corporation, terminates the appointments of the directors and transfers to the government the rights, property, assets, obligations and liabilities of the corporation.
Vancouver Island Natural Gas Pipeline Act
(Ministry of Employment and Investment)
SECTION 26: [Vancouver Island Natural Gas Pipeline Act, amends section 1] broadens the definition of "local distribution utility".
SECTION 27: [Vancouver Island Natural Gas Pipeline Act, amends section 7] provides, retroactively to December 12, 1995, for the Lieutenant Governor in Council to give additional directions to the British Columbia Utilities Commission respecting customer classification, determination of rates, cost of service and the application of orders made by the commission, for either the proponent (which is defined in the Act as the Pacific Coast Energy Corporation) or a local distribution utility.
SECTION 28: [Vancouver Island Natural Gas Pipeline Act, amends section 7] provides that the Vancouver Island Natural Gas Pipeline Special Direction, issued December 13, 1995 is confirmed and deemed to have been validly issued on that date.
SECTION 29: [School Act transitional -- elections for new school districts] allows elections for the newly created amalgamated school districts to be conducted during the general local elections this November.
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