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 66 -- 1999

ATTORNEY GENERAL STATUTES
AMENDMENT ACT, 1999

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

 
Court of Appeal Act

1 The Court of Appeal Act, R.S.B.C. 1996, c. 77, is amended by adding the following section:

Powers after leaving office

4.1 (1) A justice who resigns his or her office, is appointed to another court or ceases to hold office under section 99 (2) of the Constitution Act, 1867, may, within 6 months after the resignation, appointment or ceasing to hold office, give judgment in a proceeding he or she heard while holding office, and the judgment is effective as though he or she still held office.

(2) A justice who is appointed to another court may continue with the hearing of any proceeding of which he or she was seized, and the jurisdiction to hear the proceeding and give judgment is effective as though he or she still held office.

2 Section 18 is amended by adding the following subsection:

(4) A justice may dismiss as abandoned the appeal of an appellant who fails to comply with an order made under subsection (1).

3 Section 23 is repealed and the following substituted:

Costs

23 Unless the court or a justice otherwise orders, the party who is successful on an appeal is entitled to costs of the appeal including the costs of all applications made in the appeal.

 

Court Order Enforcement Act

4 Sections 9 (4) and 13 (3) of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78, are amended by striking out "double".

 

Creditor Assistance Act

5 Section 9 (1) of the Creditor Assistance Act, R.S.B.C. 1996, c. 83, is amended by striking out "creditor" and substituting "debtor".

6 Sections 9 (3) (b), 10 and 11 (9) are amended by striking out "prepaid".

 

Estate Administration Act

7 Section 47 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is repealed.

8 Section 59 is amended

(a) in subsection (2) by striking out "subsection (4)." and substituting "subsection (6).",

(b) in subsection (8) by striking out "subsection (4)" and substituting "subsection (6)",

(c) by repealing subsection (9),

(d) by renumbering subsection (10) as subsection (9), and

(e) by repealing subsection (11) and substituting the following:

(10) This section, section 60 and section 61 are subject to section 10 of the Workers Compensation Act, and nothing in this section, section 60 or 61 prejudices or affects a right of action under section 103 of that Act or the Family Compensation Act.

9 The following section is added:

Powers when legatee cannot be found or fails to claim specific bequest

67.1 (1) This section applies only if

(a) the deceased died testate leaving a specific bequest of real or personal property to a beneficiary, and

(b) the will does not expressly exclude the operation of this section.

(2) If the personal representative, after making all reasonable efforts, is unable to locate the beneficiary within one year of the date of the grant of letters probate or administration with will annexed, the personal representative may sell the real or personal property, deduct any costs related to the storage, transportation and sale of the property and hold the net proceeds in trust.

(3) If net proceeds under subsection (2) are held in trust by the Public Trustee and a beneficiary does not make a claim to those proceeds within the time period specified in the Unclaimed Money Act, the proceeds are deemed to be unclaimed money deposits under that Act.

(4) If net proceeds under subsection (2) are held in trust by a personal representative other than the Public Trustee, the personal representative must promptly pay the proceeds into court after deducting the costs of doing so.

(5) If a beneficiary under an estate described in subsection (1) has been located and notified of a specific bequest but neglects or refuses to make arrangements to take delivery of the property within 6 months of the notification, the personal representative may sell the real or personal property, deduct any costs related to the storage, transportation and sale of the property and send the net proceeds to the beneficiary.

(6) If a beneficiary described in subsection (5) does not accept the net proceeds, the personal representative must hold the net proceeds in trust and subsection (3) or (4) applies.

(7) This section does not prevent an application by a personal representative to the court under section 39 of the Trustee Act or under section 3 of the Survivorship and Presumption of Death Act.

10 Section 75 (1) (b) is repealed and the following substituted:

(b) there is no trustee for the minor's interest in the estate, .

 

Evidence Act

11 Section 60 (k) of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed.

12 The following section is added:

Police forces

60.1 The following persons are commissioners for taking affidavits for British Columbia only for the purposes of exercising the powers and performing the duties of their office:

(a) members of the Royal Canadian Mounted Police who are peace officers and are located in British Columbia;

(b) designated constables, provincial constables and municipal constables as defined in the Police Act;

(c) other individuals or classes of individuals who are officers as defined in the Police Act and who are designated by regulation of the Attorney General for the purposes of this section.

13 Section 72 (2) (a) is amended by renumbering the subparagraphs as (i), (ii) and (iii) respectively.

14 The Supplement to the Evidence Act is repealed.

 

Interpretation Act

15 Section 11 of the Interpretation Act, R.S.B.C. 1996, c. 238, is repealed and the following substituted:

Reference aids and clarifications

11 (1) In an enactment, a head note to a provision or a reference after the end of a section or other division

(a) is not part of the enactment, and

(b) must be considered to have been added editorially for convenience of reference only.

(2) In an enactment, if a reference to a provision of the enactment or any other enactment is followed by italicized text in square brackets that is or purports to be descriptive of the subject matter of the provision, subsection (1) (a) and (b) applies to the text in square brackets.

(3) The Lieutenant Governor in Council may make regulations amending an enactment for the purpose of changing a reference to a specific minister or ministry in a provision of the enactment to the minister or ministry, as applicable, currently assigned responsibility in relation to the matter.

 

Land Title Act

16 Sections 265 (b) and (c), 266 (3) (b) and (c) and 269 (a) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "(Canada)".

 

Libel and Slander Act

17 Sections 7 (e) and 8 (b) of the Libel and Slander Act, R.S.B.C. 1996, c. 263, are amended by striking out "mailed by registered letter" and substituting "sent by registered mail".

18 Section 12 (3) is amended by striking out "registered letter containing the person's address" and substituting "letter containing the person's address, sent by registered mail", by striking out "mails it by registered letter" and substituting "sends it by registered mail" and by striking out "on which the registered letter" and substituting "on which the letter".

 

Limitation Act

19 Section 3 (6) of the Limitation Act, R.S.B.C. 1996, c. 266, is amended by striking out "the" after "limiting".

 

Motion Picture Act

20 Section 2 (4) of the Motion Picture Act, R.S.B.C. 1996, c. 314, is repealed and the following substituted:

(4) Before a motion picture distributor distributes a motion picture for the purpose of exhibition in a theatre, the motion picture distributor must demonstrate, by means of a certificate or some other evidence of approval satisfactory to the director, that the motion picture and all copies of it that are intended for exhibition have been approved as described in subsection (2).

 

Motor Vehicle Act

21 Section 66 (3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed.

 

Multilevel Marketing Regulation Act

22 The Multilevel Marketing Regulation Act, R.S.B.C. 1996, c. 322, is repealed.

 

Municipal Act

23 Section 6 of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed.

 

Police Act

24 Section 60.1 (8) of the Police Act, R.S.B.C. 1996, c. 367, is amended by striking out "double".

 

Refugee Settlement Act

25 The Refugee Settlement Act, R.S.B.C. 1996, c. 401, is repealed.

 

Trustee Act

26 Section 27 (2) (c) of the Trustee Act, R.S.B.C. 1996, c. 464, is amended by striking out "but if only" and substituting "but, except in a case in which only".

 

Wills Act

27 Section 25 of the Wills Act, R.S.B.C. 1996, c. 489, is amended by striking out "if the testator" and substituting "if the testator or other person".

 

Young Offenders (British Columbia) Act

28 Section 7 of the Young Offenders (British Columbia) Act, R.S.B.C. 1996, c. 494, is amended

(a) in subsection (3) by striking out "section 92.1" and substituting "section 100", and

(b) in subsection (4) by striking out "section 76" and substituting "section 83".

Commencement

29 (1) Sections 5, 8, 11 to 13, 16, 19 to 21 and 26 to 28 come into force by regulation of the Lieutenant Governor in Council.

(2) When brought into force by regulation, sections 5, 8, 13, 16, 19 and 26 to 28 are deemed to have come into force on April 21, 1997 and are retroactive to the extent necessary to give them effect on and after that date.

 
Explanatory Notes

 
Court of Appeal Act

SECTION 1: [Court of Appeal Act, enacts section 4.1] provides for justices of the court who leave office to give judgments in proceedings they heard while in office and to continue Court of Appeal proceedings of which they were seized even though they have been appointed to another court.

SECTION 2: [Court of Appeal Act, adds section 18 (4)] provides for a single justice to make an order dismissing an appeal as abandoned if an appellant fails to comply with an order made under section 18 (1) of the Act.

SECTION 3: [Court of Appeal Act, re-enacts section 23] re-enacts the section.

 

Court Order Enforcement Act

SECTION 4: [Court Order Enforcement Act, amends sections 9 (4) and 13 (3)] corrects anomalous references to registered mail.

 

Creditor Assistance Act

SECTION 5: [Creditor Assistance Act, amends section 9 (1)] corrects a statute revision error.

SECTION 6: [Creditor Assistance Act, amends sections 9, 10 and 11] corrects anomalous references to registered mail.

 

Estate Administration Act

SECTION 7: [Estate Administration Act, repeals section 47] repeals the section.

SECTION 8: [Estate Administration Act, amends section 59] corrects statute revision errors.

SECTION 9: [Estate Administration Act, enacts section 67.1] adds a section that allows a personal representative to deal with specific bequests if the beneficiary cannot be found or fails to claim the bequest.

SECTION 10: [Estate Administration Act, repeals and replaces section 75 (1) (b)] clarifies the intent of the provision.

 

Evidence Act

SECTION 11: [Evidence Act, repeals section 60 (k)] consequential to section 60.1 as enacted by section 12 of this Bill.

SECTION 12: [Evidence Act, enacts section 60.1] provides for a wider group of police officers to act as commissioners for oaths but only in the course of their employment.

SECTION 13: [Evidence Act, amends section 72 (2) (a)] corrects a statute revision error in the numbering of subparagraphs.

SECTION 14: [Evidence Act, repeals the Supplement] repeals the Supplement.

 

Interpretation Act

SECTION 15: [Interpretation Act, re-enacts section 11]

 

Land Title Act

SECTION 16: [Land Title Act, amends sections 265, 266 and 269] corrects statute revision errors.

 

Libel and Slander Act

SECTION 17: [Libel and Slander Act, amends sections 7 (e) and 8 (b)] modernizes references to registered mail.

SECTION 18: [Libel and Slander Act, amends section 12 (3)] modernizes the reference to registered mail.

 

Limitation Act

SECTION 19: [Limitation Act, amends section 3 (6)] corrects a statute revision error.

 

Motion Picture Act

SECTION 20: [Motion Picture Act, repeals and replaces section 2 (4)] amends the section to provide a streamlined method of approval that does not necessarily require physical attachment of the evidence of approval.

 

Motor Vehicle Act

SECTION 21: [Motor Vehicle Act, repeals section 66 (3)] is consequential to the enactment of similar powers for peace officers under new section 60.1 of the Evidence Act.

 

Multilevel Marketing Regulation Act

SECTION 22: [Multilevel Marketing Act, repeals the Act] repeals the Act.

 

Municipal Act

SECTION 23: [Municipal Act, repeals section 6] is consequential to the proposed section 11 (2) of the Interpretation Act, which would provide equivalent cross referencing authority for all enactments, not just the Municipal Act.

 

Police Act

SECTION 24: [Police Act, amends section 60.1 (8)] corrects an anomalous reference to registered mail.

 

Refugee Settlement Act

SECTION 25: [Refugee Settlement Act, repeals the Act] repeals the Act.

 

Trustee Act

SECTION 26: [Trustee Act, amends section 27 (2) (c)] corrects a statute revision error.

 

Wills Act

SECTION 27: [Wills Act, amends section 25] corrects a statute revision error.

 

Young Offenders (British Columbia) Act

SECTION 28: [Young Offenders (British Columbia) Act, amends section 7] corrects statute revision errors.


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