1998/99 Legislative Session: 3rd 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

BILL 50 -- 1998

MISCELLANEOUS STATUTES AMENDMENT
ACT (No. 3), 1998

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

 
Human Tissue Gift Act

1 The Human Tissue Gift Act, R.S.B.C. 1996, c. 221, is amended by adding the following section:

Regulations

15 (1) The Lieutenant Governor in Council may make regulations that establish standards, practices, protocols or procedures

(a) requiring notification of an agency described by subsection (2) (d), patients or relatives of patients so that consideration can be given in a timely manner to the giving of a consent in appropriate circumstances,

(b) facilitating the giving of consents if patients or their relatives wish these consents to be given, or

(c) expediting the effective use of consents.

(2) Regulations under subsection (1) may be made to apply to

(a) health care professionals specified in those regulations,

(b) a hospital as defined in section 1 of the Hospital Act or a licensed hospital as defined in section 5 of that Act,

(c) a community care facility as defined in section 1 of the Community Care Facility Act, or

(d) an agency specified in those regulations that facilitates and coordinates transplants in British Columbia.

 
Land Act

2 Section 97 (1) of the Land Act, R.S.B.C. 1996, c. 245, is amended

(a) in paragraph (a) by striking out "to a public officer in the ministry," and substituting "to a government corporation, as defined in the Financial Administration Act, or to a public officer in the ministry,", and

(b) in paragraph (b) by adding "or a government corporation, as defined in the Financial Administration Act" after "public officer".

3 Section 105 is amended by adding the following paragraph:

(c.1) an employee of a government corporation to which the minister has delegated a power under section 97 (1) who has identification from the government corporation for the purpose; .

 
Liquor Control and Licensing Act

4 Section 18 of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by adding the following subsection:

(4) Subject to the regulations, the general manager may exempt a person from prohibitions and restrictions under subsection (1) in respect of an establishment, and may impose terms and conditions for the exemption.

5 Section 45 is amended by adding the following subsection:

(4) Subject to the regulations, the general manager may exempt a person from prohibitions and restrictions under subsections (1) and (2) in respect of an establishment, and may impose terms and conditions for the exemption.

6 Section 84 (2) is amended by adding the following paragraph:

(q) respecting the criteria to be considered by the general manager under sections 18 (4) and 45 (4) and the classes of persons eligible for exemptions under those provisions;

(r) respecting terms and conditions to be imposed by the general manager when granting exemptions under sections 18 (4) and 45 (4).

 
Lottery Act

7 Section 1 of the Lottery Act, R.S.B.C. 1996, c. 278, is amended by adding the following definitions:

"lottery scheme" means lottery scheme as defined in section 207 (4) of the Criminal Code;

"person" includes an unincorporated charitable, religious or other organization.

8 Section 2 (1) is amended

(a) by adding "and" at the end of paragraph (b),

(b) by striking out "and" at the end of paragraph (c), and

(c) by repealing paragraph (d).

9 The following section is added:

Licences

2.1 (1) The Lieutenant Governor in Council may license persons to conduct and manage lottery schemes in British Columbia.

(2) The Lieutenant Governor in Council, by order, may delegate, to an authority specified in the order, the discretion under subsection (1) to license persons to conduct and manage lottery schemes in British Columbia.

(3) The discretion under this section to issue licences, of the Lieutenant Governor in Council or of an authority to which that discretion is delegated under this section, includes the discretion to attach terms and conditions to the licences that

(a) may differ for different licensees, and

(b) must be consistent with the terms and conditions prescribed under section 7.

(4) Each of the Provincial Secretary and Minister of Government Services, the Attorney General and the Public Gaming Control Branch is conclusively deemed to be, and to have been between May 27, 1986 and the end of March 31, 1987, and the British Columbia Gaming Commission is conclusively deemed to be, and to have been since March 31, 1987, an authority to whom the discretion under subsection (1) to license persons to conduct and manage lottery schemes in British Columbia has been delegated by order under subsection (2).

(5) A licence or purported licence is conclusively deemed to have been validly issued under this section on the date of the licence or purported licence if the licence

(a) was issued by

(i) the Provincial Secretary and Minister of Government Services, the Attorney General or the Public Gaming Control Branch between May 27, 1986 and the end of March 31, 1987, or

(ii) the British Columbia Gaming Commission between March 31, 1987 and the date of Royal Assent to the Miscellaneous Statutes Amendment Act (No. 3), 1998, and

(b) authorizes or authorized, or purports or purported to authorize, a person to conduct and manage a lottery scheme.

10 Sections 3 (1) (a) and 5 (c) are amended by striking out "lotteries" and substituting "lottery schemes".

11 Section 7 is amended

(a) in subsection (2) (a) by striking out "lotteries" and substituting "lottery schemes",

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

(c) prescribing terms and conditions of licences relating to the conduct, management and operation of, or participation in, lottery schemes;

(d) prescribing fees respecting licences. ,

(c) by adding the following subsections:

(3) A regulation made under this Act may

(a) be made applicable generally or to a specific person, thing or transaction, or class of persons, things or transactions,

(b) for the purpose of the regulation, define classes of persons including classes that may include only one person,

(c) for the purpose of the regulation, define classes of things or transactions, and

(d) provide differently for different persons, things or transactions, or for different classes of persons, things or transactions.

(4) The Lieutenant Governor in Council, by regulation, may delegate the discretion to make regulations under subsection (2) (c) or (d) or both (2) (c) and (d) to an authority specified in the regulation.

(5) Each of the Provincial Secretary and Minister of Government Services, the Attorney General and the Public Gaming Control Branch is conclusively deemed to be, and to have been between May 27, 1986 and the end March 31, 1987, and the British Columbia Gaming Commission is conclusively deemed to be, and to have been since March 31, 1987, an authority to which the discretion under subsection (2) (d) to prescribe fees respecting licences has been delegated by regulation under subsection (4).

(6) Every licence fee or purported licence fee, in respect of a lottery scheme, imposed or purported to have been imposed by

(a) the Provincial Secretary and Minister of Government Services, the Attorney General or the Public Gaming Control Branch between May 27, 1986 and the end of March 31, 1987, or

(b) the British Columbia Gaming Commission, between March 31, 1987 and the date of Royal Assent to the Miscellaneous Statutes Amendment Act (No. 3), 1998,

is conclusively deemed to have been validly imposed by regulation under this section on the date of the licence or purported licence to which the licence fee or purported licence fee pertains.

(7) The Regulations Act does not apply, and, between May 27, 1986 and the date of Royal Assent to the Miscellaneous Statutes Amendment Act (No. 3), 1998 did not apply, in respect of

(a) the licence fees referred to in subsection (6), or

(b) a regulation referred to in subsection (6). , and

(d) by adding the following subsection:

(8) The Regulations Act applies to regulations under this Act that are made after the coming into force of this subsection by an authority to whom the Lieutenant Governor in Council delegates the regulation making authority under subsection (2) (c) or (d) or both (2) (c) and (d).

 
Ministry of Lands, Parks and Housing Act

12 The Ministry of Lands, Parks and Housing Act R.S.B.C. 1996, c. 307, is amended by adding the following section:

Affordable housing assistance and security for it

8.1 (1) In this section:

"affordable housing agreement" means an agreement made by the minister, the British Columbia Housing Management Commission or any other agent of the government with a person who has received or is to receive assistance from the government to acquire, develop or operate an affordable housing development;

"affordable housing development" means land and improvements, all or part of which provide or are intended to provide housing for sale or lease to or other use by low and moderate income individuals, and includes land and improvements designated as an affordable housing development;

"affordable housing purposes" means affordable housing purposes as defined by the regulations;

"assistance" includes a grant, loan, guarantee or indemnity.

(2) Without limiting the terms that may be included in an agreement under this Act, an affordable housing agreement may include a restriction that the affordable housing development may be used only for affordable housing purposes.

(3) If an affordable housing agreement includes a restriction under subsection (2), the minister, the British Columbia Housing Management Commission or other agent of the government may file a written notice in the land title office containing

(a) a description of the affordable housing development sufficient for the registrar to identify it in the records of the land title office, and

(b) a statement that the affordable housing development is subject to an affordable housing agreement that includes a restriction under subsection (2).

(4) When a notice is filed under subsection (3), the registrar must make a notation of the filing in the proper register against the title to the land affected.

(5) Unless the written consent of the minister is filed in the land title office,

(a) a person who owns or leases an affordable housing development must not transfer, mortgage, lease or otherwise dispose of that person's interest in the affordable housing development, and

(b) the registrar must not register a transfer or other disposition referred to in paragraph (a).

(6) In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a notation of a filing or the registration of a transfer or other disposition under this section,

(a) neither the registrar nor the government is liable vicariously, and

(b) neither the assurance fund nor the Attorney General, as a nominal defendant, is liable under Part 20 of the Land Title Act.

(7) Once a notation is made under subsection (4),

(a) the affordable housing agreement and, if applicable, any amendment to it is binding on all persons who acquire an interest in the land affected, and

(b) if a transfer, mortgage, lease or other disposition of a person's interest in an affordable housing development is registered without the written consent of the minister being filed as required under this section, the minister or the British Columbia Housing Management Commission may apply to the Supreme Court for an order for specific performance of the affordable housing agreement by the new owner or for any other remedy.

(8) The Lieutenant Governor in Council may make regulations for this section as follows:

(a) defining a word or phrase used but not defined in this section;

(b) designating land and improvements as an affordable housing development;

(c) specifying affordable housing purposes for the purposes of a restriction under subsection (2);

(d) designating property held by a corporation or other person as trustee, as property held on trust for the preservation of land and buildings for affordable housing purposes.

 
Municipal Act

13 Section 523 (1) (a) of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

(a) regulate persons, their premises and their activities, to further the care, protection, promotion and preservation of the health of the inhabitants of the municipality, including regulating by prohibiting the smoking or other use or consumption of tobacco products in classes of premises specified in the bylaw; .

 
Municipalities Enabling and Validating Act (No. 2)

14 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended by adding the following sections to Part 9:

Validation of anti-smoking bylaws

40 (1) Despite section 523 (1) (a) of the Municipal Act, as that section read before its amendment by the Miscellaneous Statutes Amendment Act (No. 3), 1998 and despite any decision of a court to the contrary made before or after this section came into force, a local government bylaw that

(a) prohibits or purports to prohibit the smoking or other use or consumption of tobacco products in classes of premises specified in the bylaw, and

(b) was approved by the Minister of Health before this section came into force,

is conclusively deemed to be valid for all purposes.

(2) A bylaw referred to in subsection (1) is conclusively deemed to have been validly adopted and to have been and to continue to be valid and effective from the time of its approval by the Minister of Health.

(3) All resolutions, bylaws and actions of a municipality or regional district in relation to a bylaw referred to in subsection (1) are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.

(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Airport leases

41 (1) In this section:

"airport body" means a municipality, regional district or prescribed community airport body that has assumed an airport lease;

"airport lease" means a lease of a part of a parcel of land, if the lease

(a) was assumed by an airport body in relation to an agreement for the transfer of airport property to it by the government of Canada, and

(b) has a term exceeding 3 years;

"renew" includes the making of a subsequent lease in relation to the same property between the parties to an airport lease or their successors, heirs or assigns.

(2) Despite section 73 (1) (b) of the Land Title Act, an airport lease is confirmed and validated as an effective contract between the parties as of the date on which the lease was assumed by the airport body.

(3) If an airport lease has been assumed by an airport body before the coming into force of this section, the airport body may continue and renew the lease as if subsection (2) had come into force before the assumption of that lease.

(4) For the purposes of subsection (2) and despite sections 316, 610 and 796 (3) of the Municipal Act, an airport body is deemed to have had the authority to assume an airport lease and become the lessor under the lease at the time of the assumption and to have had and to continue to have the authority to carry out and to renew that lease in accordance with its terms.

(5) The Lieutenant Governor in Council may prescribe an organization to be a community airport body for the purposes of this section, and, on being prescribed, this section applies to the airport body retroactively to the date on which the airport lease was assumed.

(6) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

District of Pitt Meadows lease validation

42 (1) Despite sections 448 (a), 451 (1) and (3) and 610 (3) of the Municipal Act, the agreement entered into between the Corporation of the District of Pitt Meadows and C.D.I. Enterprises Ltd., on June 22, 1992, respecting the lease of land for the construction and operation of an arena is confirmed and validated, effective the date on which it was entered into.

(2) All things done that would have been validly done had subsection (1) been in force on the day they were done are conclusively deemed to have been validly done and all resolutions and bylaws in relation to the agreement referred to in subsection (1) are confirmed and validated, effective the date on which they were adopted.

(3) The District of Pitt Meadows is conclusively deemed to have had the authority to enter into the agreement referred to in subsection (1) at the time at which the agreement was entered into, to have had the authority to adopt a resolution or bylaw referred to in subsection (2) at the time it was adopted and to have had and to continue to have the authority to carry out the agreement in accordance with its terms.

(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Prince George water fluoridation bylaw

43 (1) The City of Prince George,

(a) despite the Municipal Act and the letters patent of the City of Prince George, is conclusively deemed to have had the authority to fluoridate any part, or all, of the water supply of the municipality as of the adoption of a resolution by its council on October 4, 1954 authorizing the fluoridation, and

(b) despite section 524 (2) of the Municipal Act, is conclusively deemed to have had and to continue to have the authority to carry out fluoridation in relation to any part, or all, of the water supply of the municipality.

(2) In addition to the resolution referred to in subsection (1) (a), all other resolutions, bylaws and actions of the City of Prince George in relation to the fluoridation of the water supply of the City of Prince George are conclusively deemed to have been validly adopted and taken as of the date that they were adopted or taken, to the extent they would have been valid had subsection (1) (a) been in force on the date they were adopted or taken.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Authority for the Greater Nanaimo Water District to acquire park land

44 (1) In addition to the powers established by section 5 of the Greater Nanaimo Water District Act and the objects of the Greater Nanaimo Water District established by section 8 of that Act, the Greater Nanaimo Water District may

(a) acquire real property for the purposes of a park, and

(b) hold that property jointly with the City of Nanaimo.

(2) On acquisition, property acquired under subsection (1) is deemed to have been dedicated under section 308 of the Municipal Act for the public purpose of a park for the use and enjoyment of the public and section 310 of the Municipal Act applies to both the Greater Nanaimo Water District and the City of Nanaimo in relation to that property.

(3) The Greater Nanaimo Water District

(a) must establish a capital reserve fund for the purposes of this section,

(b) must pay into the reserve fund all money received from the Provincial government in relation to the Agreement to Transfer or Dedicate Land Pursuant to Section 3 of the Expropriation Act, entered into by the Provincial government and the Greater Nanaimo Water District on February 10, 1998, less any amounts necessary to satisfy outstanding liabilities in relation to the property that is the subject of that agreement or the expropriation of the property in accordance with that agreement,

(c) must not pay any other money into the reserve fund, and

(d) may only use the money in the reserve fund, and the interest earned on it, for the purpose of acquiring park land under subsection (1).

(4) Part 13 of the Municipal Act applies to the capital reserve fund under subsection (3).

 
Pension (Public Service) Act

15 Section 6 of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, is amended

(a) in subsection (1) by striking out "or a contribution is made by an employee under section 12", and

(b) in subsection (2) by striking out "under section 65 (4) or (6)" and substituting "under section 65 (4) or (6), section 66" and by striking out "an equal amount as a contribution to the fund." and substituting "an amount as a contribution to the fund as provided by regulation."

16 Section 7 is amended by adding the following subsection:

(3) Despite subsection (2), the surplus referred to in that subsection must be distributed in accordance with the regulations if an actuarial valuation, completed by an actuary in accordance with the requirements of section 55, discloses that

(a) a surplus has been created or an existing surplus has been increased, and

(b) the surplus or the increase has occurred since the immediately preceding actuarial valuation.

17 Section 12 is repealed.

18 Section 16 (6) is repealed and the following substituted:

(6) For the purposes of this section, only contributions and service that comply with sections 9 (3), 14 and 22 (7) or that comply with the regulations respecting leave of absence will be recognized.

19 Section 17 (2) is amended by striking out "under sections 9 and 12" and substituting "under section 9".

20 Section 19 (6) (c) is amended by striking out "in accordance with section 12 (1)," and substituting "in accordance with the regulations respecting leave of absence,".

21 Section 22 (3) (a) is amended by striking out "under sections 9 and 12" and substituting "under section 9 and the regulations".

22 Sections 37 to 40 are repealed.

23 Section 41 is amended

(a) in subsection (2) by striking out "under section 12 (1) is limited by section 12 (6)," and substituting "is limited by the regulations respecting leave of absence,", and

(b) in subsection (4) by striking out "section 9 (3), 12 (6) or 14," and substituting "section 9 (3) or 14 or the regulations respecting leave of absence,".

24 Section 42 (1) is amended by striking out "under section 12 (1) is limited by section 12 (6)," and substituting "is limited by the regulations respecting leave of absence,".

25 Section 65 is amended

(a) in subsection (2) by adding the following paragraph:

(q) prescribing how a surplus referred to in section 7 (3) is to be distributed. , and

(b) by adding the following subsection:

(4.1) The minister may make regulations prescribing the terms and conditions, including the costs to be paid to the fund and by whom they are to be paid, under which a person described in subsection (4) (a) to (d) may have a period of leave of absence from an employer included as contributory and pensionable service.

26 Section 66 is repealed and the following substituted:

Service recognition

66 The Lieutenant Governor in Council may prescribe the terms and conditions, including the costs to be paid to the fund and by whom they are to be paid, under which any of the following may be included as contributory and pensionable service:

(a) leaves of absence from an employer;

(b) previous service under this plan, or from a reciprocal employer.

27 Section 66 (b) is amended by striking out ", or from a reciprocal employer".

 
Pension Statutes Amendment Act, 1997

28 Section 47 of the Pension Statutes Amendment Act, 1997, S.B.C. 1997, c. 35, is repealed.

 
Perpetuity Act

29 Section 4 of the Perpetuity Act, R.S.B.C. 1996, c. 358, is amended by adding the following paragraph:

(g) property held by a corporation or other person as trustee and designated by regulation of the Lieutenant Governor in Council under section 8.1 (8) (d) of the Ministry of Lands, Parks and Housing Act as held on trust for the preservation of land and buildings for affordable housing purposes.

 
Public Education Labour Relations Act

30 Section 1 of the Public Education Labour Relations Act, R.S.B.C. 1996, c. 382, is amended by adding the following definition:

"support staff union" means a trade union representing employees of a school board other than teachers; .

31 Section 2 is amended by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) to establish the employers' association as the accredited bargaining agent for the purpose of bargaining collectively with support staff unions, and .

32 Section 4 is amended by striking out "The employers' association" and substituting "For the purpose of bargaining collectively with a teachers' union or a support staff union, the employers' association".

33 Section 5 (1) is amended by striking out "collective bargaining" and substituting "teacher collective bargaining".

34 Section 6 (1) is repealed and the following substituted:

(1) For the purpose of teacher collective bargaining, the British Columbia Teachers' Federation

(a) is deemed to be the certified bargaining agent for the employees in the bargaining unit, and

(b) has exclusive authority to bargain collectively for the bargaining unit and to bind it by a collective agreement.

 
Public Service Labour Relations Act

35 The definition of "employee" in section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended

(a) by repealing paragraph (f) and substituting the following:

(f) a sheriff; ,

(b) by repealing paragraphs (g) and (i),

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

(j) a person employed for a period of less than 31 days; ,

(d) by repealing paragraph (k),

(e) by repealing paragraph (v) and substituting the following:

(v) a person employed in the Cabinet Policy and Communications Secretariat; , and

(f) by repealing paragraphs (z) and (aa).

36 Section 4 (b) is amended by striking out "an association that has" and substituting "an association that had, before July 1, 1998," .

37 Section 14 is amended

(a) in subsection (8) (a) by striking out "or occupational group affected",

(b) by repealing subsection (8) (b) and substituting the following:

(b) a majority of those employees who vote have voted in favour of a strike. ,

(c) in subsection (10) by striking out "the vote must be taken of all those members of the union certified as the bargaining agent within the occupational group referred to in that agreement." and substituting "the matter is deemed to be a matter for resolution under the master agreement." , and

(d) in subsection (11) by striking out "a majority of".

 
Social Service Tax Act

38 The Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by adding the following section in Part 4:

Former transitional refunds remain available

90.1 For certainty, but subject to section 40 of the Budget Measures Implementation Act, 1998, refunds may be made in accordance with sections 2 (1.7), (1.8) and (1.9) and 2.04 (3) of the Social Service Tax Act, R.S.B.C. 1979, c. 388, in relation to written contracts entered into before March 31, 1993.

 
Utilities Commission Act

39 Section 22 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended

(a) in subsection (1) by adding "sells, purchases or" after "a person",

(b) in subsection (1) by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following:

(c) enters into an energy supply contract, within the meaning of section 68, for the provision of electricity. ,

(c) in subsection (2) by striking out ", by order,",

(d) by repealing subsection (2) (a) and substituting the following:

(a) exempt, by order, from any or all of section 71 and the provisions of this Part, in respect of the sale, purchase or production of a power service,

(i) a person who sells, purchases or produces a power service,

(ii) a class of persons who sell, purchase or produce a power service, and

(iii) any equipment, facility, plant, project or system of a person or class of persons referred to in subparagraph (i) or (ii), and ,

(e) in subsection (2) (b) by striking out "impose in the order" and substituting "if the minister makes an order under paragraph (a), impose, in the order,", and

(f) in subsection (2) (b) by striking out "power service to be sold," and substituting "the power service to be sold, purchased or produced,".

 
Vancouver Charter

40 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following section:

Business premises regulation areas

279A.1 (1) The Council may, by by-law,

(a) designate an area of the City as a business premises regulation area for the purposes of this section, and

(b) for any class of business premises prescribed by regulation under subsection (2), regulate the hours and days during which business premises in the area designated under paragraph (a) may remain open or must be closed for business.

(2) The Lieutenant Governor in Council may make regulations prescribing classes of business premises for the purposes of this section.

(3) To the extent of any conflict between a by-law under section 279A and a by-law under this section, the by-law under this section prevails.

Transitional -- Land Act

41 A delegation under section 97 (1) of the Land Act to a government corporation, as defined in the Financial Administration Act, may be made retroactive to a date on or after April 1, 1998.

Immunity from legal action

42 (1) No action lies, and an action or other proceeding must not be brought or continued, against the government, the British Columbia Gaming Commission or any other person, for compensation, damages or any other remedy, because of anything done or omitted, between May 27, 1986 and the coming into force of this subsection, in the exercise or performance or intended exercise or performance of a discretion, duty or function of the government or of the British Columbia Gaming Commission in relation to

(a) a licence or purported licence issued by the Provincial Secretary and Minister of Government Services, the Attorney General or the Public Gaming Control Branch, or by the British Columbia Gaming Commission, that authorizes, or purports to authorize, a person to conduct and manage a lottery scheme as defined in section 207 (4) of the Criminal Code, or

(b) the imposition or purported imposition by the Provincial Secretary and Minister of Government Services, the Attorney General or the Public Gaming Control Branch, or by the British Columbia Gaming Commission of a licence fee in respect of or in relation to a lottery scheme as defined in section 207 (4) of the Criminal Code.

(2) Any statutory power, as defined in the Judicial Review Procedure Act, that was exercised under an enactment in relation to a matter described in subsection (1) and any decision, determination or order of an official of the government or of the British Columbia Gaming Commission in relation to a matter so described is not open to question or review in a court under the Judicial Review Procedure Act or otherwise.

Acts to be given legal effect

43 (1) The Lottery Act as amended by this Act, this section and sections 7 to 11, 42 and 46 (3) of this Act must be applied to and must be given effect in every action or proceeding, whether commenced before, on or after the date this Act receives Royal Assent.

(2) The Lottery Act as amended by this Act, this section and sections 7 to 11, 42 and 46 (3) of this Act must not be construed as lacking effect, whether retroactive or otherwise, in relation to any matter because of making no specific reference to that matter.

(3) If any of the sections referred to in subsections (1) and (2) or any provision of those sections or of the Lottery Act as amended by this Act is held to be invalid, the section or provision must be severed from the remainder those sections and provisions, and the remainder have the same effect as if they had been originally enacted separately from the section or provision held to be invalid.

Saving respecting prior election under Pension (Public Service) Act

44 Sections 37 to 40 of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, continue to apply to a person

(a) if immediately before the date that section 22 of this Act comes into force, the person was on a leave of absence, a condition of the granting of which was that the person would not return to work but rather would apply for a pension at the end of the leave, or

(b) if before the date that section 22 of this Act comes into force, the person elected to have sections 37 to 40 of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, apply to him or her.

Saving respecting approved leave of absence or deferred salary leave program

45 (1) Section 6 of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, as it was immediately before the date section 15 of this Act comes into force, continues to apply to a contributor who before that date obtained approval for an unsalaried leave of absence, a deferred salary leave program or another leave of absence designated by the regulations for the purposes of this section.

(2) The Lieutenant Governor in Council may make regulations designating other types of or programs for leave of absence to which subsection (1) applies.

Commencement

46 (1) Sections 1, 4 to 6, 12 and 15 to 29 come into force by regulation of the Lieutenant Governor in Council.

(2) Sections 2, 3 and 41 are deemed to have come into force on April 1, 1998 and are retroactive to the extent necessary to give them effect on and after that date.

(3) Sections 7 to 10 and 11 (a) to (c) are deemed to have come into force on May 28, 1986 and are retroactive to the extent necessary to give them effect on and after that date.

(4) Sections 30 to 34 are deemed to have come into force on the day that this Act receives First Reading in the Legislative Assembly and are retroactive to the extent necessary to give them effect on and after that date.

(5) Section 38 is deemed to have come into force on April 21, 1997 and is retroactive to the extent necessary to give it effect on and after that date.

 
Explanatory Notes

 
Human Tissue Gift Act
(Ministry of Health)

SECTION 1: [Human Tissue Gift Act, enacts section 15] allows the making of regulations to encourage consultation of patients to determine whether they wish to give consents under the Act and, if a consent has been given, to facilitate effective action on the consent in appropriate circumstances.

 
Land Act
(Ministry of Environment, Lands and Parks)

SECTION 2: [Land Act, amends section 97 (1)] facilitates the transfer of Crown land administration functions to a government corporation.

SECTION 3: [Land Act, adds section 105 (c.1)] gives a right of entry to employees of a government corporation that has received a delegation under section 97 (1) of the Land Act.

 
Liquor Control and Licensing Act
(Ministry of Attorney General)

SECTION 4: [Liquor Control and Licensing Act, adds section 18 (4)] provides the general manager with a power to exempt persons from section 18 (1) of the Act with respect to a particular establishment so that a particular kind, class or brand of liquor can be exclusively sold at and promoted in respect of that establishment.

SECTION 5: [Liquor Control and Licensing Act, adds section 45 (4)] provides the general manager with a power to exempt persons from section 45 (1) and (2) of the Act with respect to a particular establishment so that a particular kind, class or brand of liquor can be sold at and promoted in respect of that establishment.

SECTION 6: [Liquor Control and Licensing Act, adds section 84 (2) (q) and (r)] provides for regulations respecting the criteria to be considered by the general manager under sections 18 (4) and 45 (4) of the Act and terms and conditions that are to be imposed by the general manager when granting exemptions under those sections.

 
Lottery Act
(Ministry of Employment and Investment)

SECTION 7: [Lottery Act, amends section 1] defines "lottery scheme" by reference to the relevant provision of the Criminal Code and expands the meaning of "person".

SECTION 8: [Lottery Act, amends section 2] repeals the minister's discretion under section 2 of the Act to "regulate and licence certain persons" in respect of "other lotteries in British Columbia as are permitted under the Criminal Code."

SECTION 9: [Lottery Act, enacts section 2.1]

SECTION 10: [Lottery Act, amends sections 3 (1) (a) and 5 (c)] is consequential to the addition by this Bill of a definition of "lottery scheme".

SECTION 11: [Lottery Act, amends section 7]

 
Ministry of Lands, Parks and Housing Act
(Ministry of Environment, Lands and Parks)

SECTION 12: [Ministry of Lands, Parks and Housing Act, enacts section 8.1] allows the government to restrict the use of a development to affordable housing purposes if the government provides assistance for the acquisition, development and operation of affordable housing. This restriction ensures that the money provided continues to serve the purpose of affordable housing despite changes in ownership of and other interests in the development.

 
Municipal Act
(Ministry of Municipal Affairs)

SECTION 13: [Municipal Act, repeals and replaces section 523 (1) (a)] provides express authority for municipalities to prohibit smoking in specified classes of premises.

 
Municipalities Enabling and Validating Act (No. 2)
(Ministry of Municipal Affairs)

SECTION 14: [Municipalities Enabling and Validating Act (No. 2), enacts sections 40 to 44]

 
Pension (Public Service) Act
(Ministry of Finance and Corporate Relations)

SECTION 15: [Pension (Public Service) Act, amends section 6] strikes out references to current provisions respecting leaves of absence. Leaves of absence provisions will be dealt with by regulation.

SECTION 16: [Pension (Public Service) Act, adds section 7 (3)] allows for a reduction in employee pension contributions to implement a contribution holiday to be dealt with by regulation.

SECTION 17: [Pension (Public Service) Act, repeals section 12] repeals the current leave of absence provisions.

SECTION 18: [Pension (Public Service) Act, repeals and replaces section 16 (6)] re-enacts the provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 19: [Pension (Public Service) Act, amends section 17 (2)] strikes out references to the current leave of absence provision.

SECTION 20: [Pension (Public Service) Act, amends section 19] amends the provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 21: [Pension (Public Service) Act, amends section 22] amends the provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 22: [Pension (Public Service) Act, repeals sections 37 to 40] ends retired plan members' eligibility for death benefits.

SECTION 23: [Pension (Public Service) Act, amends section 41] amends the provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 24: [Pension (Public Service) Act, amends section 42] amends the provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 25: [Pension (Public Service) Act, amends section 65] provides for regulations with respect to the allocation of a pension surplus created by an employee contribution holiday.

SECTION 26: [Pension (Public Service) Act, re-enacts section 66] re-enacts the provision in order to refer to leave of absence provisions to be dealt with by regulation.

SECTION 27: [Pension (Public Service) Act, amends section 66] re-enacts an amendment made to the section by section 47 of the Pension Statutes Amendment Act, 1997.

SECTION 28: [Pension Statutes Amendment Act, 1997, repeals section 47] is consequential to the re-enactment of section 66 of the Pension (Public Service) Act by this Bill.

 
Perpetuity Act
(Ministry of Attorney General)

SECTION 29: [Perpetuity Act, adds section 4 (g)] provides that laws relating to perpetuities do not apply to designated property held on trust for the preservation of land and buildings for affordable housing development.

 
Public Education Labour Relations Act
(Ministry of Finance and Corporate Relations)

SECTION 30: [Public Education Labour Relations Act, amends section 1] defines "support staff union".

SECTION 31: [Public Education Labour Relations Act, adds section 2 (b.1)] adds bargaining collectively with support staff unions to the purpose section of the Act.

SECTION 32: [Public Education Labour Relations Act, amends section 4] provides that the employers' association is the bargaining agent for school boards for teacher and support staff bargaining.

SECTION 33: [Public Education Labour Relations Act, amends section 5 (1)] restricts the bargaining unit description to teacher collective bargaining.

SECTION 34: [Public Education Labour Relations Act, repeals and replaces section 6 (1)] clarifies that the British Columbia Teachers' Federation is the bargaining agent for teachers for teacher collective bargaining.

 
Public Service Labour Relations Act
(Ministry of Finance and Corporate Relations)

SECTION 35: [Public Service Labour Relations Act, amends section 1 (1)] makes changes to the definition of "employee".

SECTION 36: [Public Service Labour Relations Act, amends section 4 (b)] provides that the licensed professional bargaining unit only consists of members of an association that has statutory authority to license professionals prior to July 1, 1998.

SECTION 37: [Public Service Labour Relations Act, amends section 14] clarifies that strikes are not permitted with respect to component agreements and provides that no strike may take place unless a majority of the members of the bargaining unit who vote have voted in favour of the strike.

 
Social Service Tax Act
(Ministry of Finance and Corporate Relations)

SECTION 38: [Social Service Tax Act, enacts section 90.1] adds to the 1997 Revised Statutes express reference to transitional refund provisions that were not originally included in the statute revision.

 
Utilities Commission Act
(Ministry of Employment and Investment)

SECTION 39: [Utilities Commission Act, amends section 22] allows the minister to provide exemptions under section 22 of the Utilities Commission Act to persons who enter into energy supply contracts for the provision of electricity, and extends the permissible exemptions under that section to authorize exemptions from section 71 and to include exemptions in respect of the equipment, facility, plant, project or system of a person or class of persons referred to in the section.

 
Vancouver Charter
(Ministry of Municipal Affairs)

SECTION 40: [Vancouver Charter, enacts section 279A.1] allows the City of Vancouver to set different business hours for prescribed businesses in different areas of the City.

SECTION 41: [Transitional -- Land Act] allows for delegations authorized by the amendment to the Land Act to be retroactive.

SECTION 42: [Immunity from legal action] provides immunity from legal action as described.

SECTION 43: [Acts to be given legal effect] sets out rules relating to the legal effect of this Bill and the Lottery Act as amended by this Bill.

SECTION 44: [Transition provision -- Pension (Public Service) Act] preserves rights of plan members who, before section 22 of this Bill comes into force, are on a leave of absence and subsequently do not return to work but instead apply for a pension, or have elected to have sections 37 to 40 of the Pension (Public Service) Act apply to them.

SECTION 45: [Transition provision -- Pension (Public Service) Act] preserves rights of plan members who, before section 15 of this Bill comes into force, are on an obtained approval for an unsalaried leave of absence, deferred salary leave program or another leave of absence designated by the regulations for the purposes of this section.


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