2001 Legislative Session: 2nd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR TREATY NEGOTIATIONS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Budget Measures Implementation Act, 2000
1 Section 99 of the Budget Measures Implementation Act, 2000, S.B.C. 2000, c. 22, is repealed.
Constitution Act
2 The Constitution Act, R.S.B.C. 1996, c. 66, is amended by adding the following section:
26.1 (1) A member of the Legislative Assembly who is a member of the Executive Council may accept for personal as well as official use a vehicle provided by the government.
(2) This section applies to the acceptance or use of a vehicle on or after April 1, 2001.
Financial Administration Act
3 Section 27 (1) of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by adding the following paragraph:
(c.1) make regulations establishing the terms and conditions for the provision by the government of vehicles for official or personal use by members of the Executive Council; .
Health Act
4 Section 8 (2) (e) of the Health Act, R.S.B.C. 1996, c. 179, is amended by striking out "therein" and substituting "in those".
Industrial Development Incentive Act
5 The Industrial Development Incentive Act, R.S.B.C. 1996, c. 221, is amended by adding the following section:
2.1 After the date this section comes into force,
(a) the minister must not make any loans under section 1, and
(b) the Lieutenant Governor in Council must not, under section 2, approve any loans or investments.
6 Section 3 (2) (b) is amended by striking out "$600 million." and substituting "$496 785 857."
Livestock Act
7 Section 10 (3) of the Livestock Act, R.S.B.C. 1996, c. 270, is amended by striking out "changeable" and substituting "chargeable".
Members' Conflict of Interest Act
8 Section 9 (4) (d) of the Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287, is repealed and the following substituted:
(d) within 60 days after the formation of the trust, and after that annually, the trustees must provide the commissioner with a confidential report, in a form acceptable to the commissioner, disclosing the assets, liabilities and financial interests contained in the trust.
9 Section 16 is amended
(a) in subsection (2) by striking out "The disclosure statement must contain" and substituting "Subject to subsection (2.1), the disclosure statement must contain", and
(b) by adding the following subsection:
(2.1) The disclosure statement of a member of the executive council who has complied with section 9 (1) (b) by entrusting his or her business to one or more trustees need not contain a statement of the nature of the assets, liabilities and financial interests contained in the trust.
Motor Carrier Act
10 Section 58 (1) of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended by striking out "shall".
Pacific National Exhibition Incorporation Act
11 Sections 7 to 9 of the Pacific National Exhibition Incorporation Act, S.B.C. 1973, c. 66, are repealed and the following substituted:
7 (1) The board is to consist of not more than 5 directors appointed by the Lieutenant Governor in Council.
(2) 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 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.
Provincial Court Act
12 Section 13 (13) of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended by striking out "within 21 sitting days" and substituting "within 21 days".
Public Service Labour Relations Act
13 Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in paragraph (v) of the definition "employee" by striking out "Cabinet Policy and Communications Secretariat" and substituting "Public Affairs Bureau".
Regulations Act
14 Section 3 (2) of the Regulations Act, R.S.B.C. 1996, c. 402, is repealed and the following substituted:
(2) The registrar must not accept a regulation for deposit until the registrar is satisfied that
(a) it has been examined by a person referred to in section 2, and
(b) other prescribed criteria have been met.
15 Section 11 (2) is amended
(a) by repealing paragraph (a.1) and substituting the following:
(a.1) prescribing criteria for the purposes of section 3 (2) (b); , and
(b) in paragraph (b) by striking out "replaced by them, and" and substituting "replaced by them;".
Regulatory Impact Statement Act
16 The Regulatory Impact Statement Act, S.B.C. 1999, c. 19, is repealed.
Special Accounts Appropriation and Control Act
17 Section 1 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is repealed and the following substituted:
1 In this Act:
"special account" means an account in the general fund of the consolidated revenue fund where the authorization to expend money from the account is located in an Act other than a Supply Act;
"Treasury Board" means the Treasury Board continued by the Financial Administration Act.
18 Section 4 is amended
(a) in subsection (1) by striking out "Minister of Aboriginal Affairs" and substituting "Minister of Community, Aboriginal and Women's Services", and
(b) by adding the following subsection:
(3) The balance of the First Citizens Fund special account is increased by
(a) $9 million effective on a day before April 1, 2002, as determined by Treasury Board, and
(b) an additional $9 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.
19 Section 6 (1) is amended by striking out "Minister of Environment, Lands and Parks" wherever it occurs and substituting "Minister of Water, Land and Air Protection".
20 Section 7 (2) and (7) is amended by striking out "Minister of Finance and Corporate Relations" and substituting "Minister of Finance".
21 Section 8 is amended
(a) by striking out "Minister of Finance and Corporate Relations" and substituting "Minister of Finance", and
(b) by renumbering the section as section 8 (1), and by adding the following subsection:
(2) The balance of the Physical Fitness and Amateur Sports Fund special account is increased by
(a) $5.5 million effective on a day before April 1, 2002, as determined by Treasury Board, and
(b) an additional $5.5 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.
22 The following section is added:
9 (1) A special account, to be known as the Olympic Arts Fund special account, is established.
(2) The special account established under subsection (1) consists of the following:
(a) an initial balance of $5 million, established on a day before April 1, 2002, as determined by Treasury Board;
(b) an additional $5 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.
(3) The Minister of Community, Aboriginal and Women's Services may pay out of the special account any interest calculated on and attributable to the balance in the special account to fund cultural and artistic activities that will promote
(a) the bid for hosting the 2010 Winter Olympic Games in British Columbia, or
(b) the hosting of those Winter Olympic Games.
Wildlife Act
23 Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended in the definition of "fish" by striking out "Mullusca" and substituting "Mollusca".
Hydro Rate Freeze
24 Despite the Utilities Commission Act, until March 31, 2003, or an earlier date that the Lieutenant Governor in Council may prescribe,
(a) those rate schedules of British Columbia Hydro and Power Authority that are identified in the Table by the numbers under which they were filed, and that were approved by the British Columbia Utilities Commission and were in effect, as at December 10, 1997, remain in effect, and
(b) the only lawful, enforceable and collectable rates that British Columbia Hydro and Power Authority may collect, charge or enforce
(i) for the services described in the rate schedules identified by the numbers 1288 and 1848 in the Table, are the rates that were in effect as at December 10, 1997 and are described on each of those rate schedules under the heading "Fixed Charge", to the extent that those services are the subject of the fixed charge, and
(ii) for the services described in the other rate schedules identified by number in the Table are the rates that were in effect as at December 10, 1997 are described on each of those rate schedules under the heading "Rate".
Residential | General | Irrigation | Street Lighting | Transmission |
|---|---|---|---|---|
1101 |
1200 | 1401 | 1701 | 1821 |
| 1103 | 1201 | 1702 | 1848 | |
| 1105 | 1205 | 1703 | 3808 | |
| 1107 | 1206 | 1704 | ||
| 1111 | 1207 | 1755 | ||
| 1113 | 1210 | 1761 | ||
| 1117 | 1211 | 1770 | ||
| 1121 | 1220 | |||
| 1123 | 1222 | |||
| 1127 | 1223 | |||
| 1131 | 1233 | |||
| 1132 | 1234 | |||
| 1133 | 1241 | |||
| 1134 | 1242 | |||
| 1135 | 1243 | |||
| 1137 | 1244 | |||
| 1148 | 1255 | |||
| 1256 | ||||
| 1265 | ||||
| 1266 | ||||
| 1277 | ||||
| 1278 | ||||
| 1288 |
25 B.C. Reg. 81/2001 is confirmed and validated and the amendments made by that regulation are given continuing effect.
26 Appointments to the board of directors of the exhibition, as defined in the Pacific National Exhibition Incorporation Act, made by order of the Lieutenant Governor in Council on the date that this section receives First Reading in the Legislative Assembly, are conclusively deemed to have been validly made and all things done by that board that would have been validly done had section 11 of this Act in fact been in force on the day they were done are conclusively deemed to have been validly done and are confirmed and validated.
27 (1) Sections 2 and 3 are deemed to have come into force on April 1, 2001, and are retroactive to the extent necessary to give them effect on and after that date.
(2) A regulation that is made on or before October 1, 2001 under section 27 (1) (c.1) of the Financial Administration Act, as enacted by section 3 of this Act, may be made retroactive to the extent necessary to give it effect on and after April 1, 2001.
(3) Sections 4, 7, 10 and 25 come into force by regulation of the Lieutenant Governor in Council.
(4) When brought into force by regulation, the corrections and amendments made by sections 4, 7, 10 and 25 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.
(5) Sections 8 and 9 are deemed to have come into force on June 5, 2001, and are retroactive to the extent necessary to give them effect on and after that date.
(6) Section 11 is deemed to have come into force on the date that this Act received First Reading in the Legislative Assembly and is retroactive to the extent necessary to give it effect on and after that date.
(7) Section 12 is deemed to have come into force on August 2, 2001 and is retroactive to the extent necessary to give it effect on and after that date.
(8) Section 26 is retroactive to the extent necessary to give full force and effect to its provisions.
(9) Sections 11 and 26 must not be construed as lacking retroactive effect in relation to any matter by reason that they make no specific reference to that matter.
Explanatory Notes
Budget Measures Implementation Act, 2000
(Ministry of Finance)
SECTION 1: [Budget Measures Implementation Act, 2000, repeals section 99] is consequential to section 24 of this Bill.
Constitution Act
(Ministry of Attorney General)
SECTION 2: [Constitution Act, enacts section 26.1] clarifies that acceptance of a vehicle from the government for use for personal as well as official purposes is not grounds for a member of the Legislative Assembly to be removed from office.
Financial Administration Act
(Ministry of Finance)
SECTION 3: [Financial Administration Act, adds section 27 (1) (c.1)] broadens the capacity of Treasury Board to make regulations establishing reasonable standards for shared personal and official use of leased vehicles.
Health Act
(Ministry of Health Services)
SECTION 4: [Health Act, amends section 8 (2) (e)] corrects a word processing error that occurred during statute revision.
Industrial Development Incentive Act
(Ministry of Competition, Science and Enterprise)
SECTION 5: [Industrial Development Incentive Act, enacts section 2.1] adds the requirement that there be no new Small Business Incentive Program loans and no approvals for new Industrial Incentive Fund loans and investments.
SECTION 6: [Industrial Development Incentive Act, amends section 3 (2) (b)] reduces the total amount for loans and investments that may be approved under the Industrial Incentive Fund from $600 million to $496 785 857 so as not to exceed the amount for loans and investments approved by the previous government.
Livestock Act
(Ministry of Agriculture, Food and Fisheries)
SECTION 7: [Livestock Act, amends section 10 (3)] corrects a word processing error that occurred during statute revision.
Members' Conflict of Interest Act
(Ministry of Attorney General)
SECTION 8: [Members' Conflict of Interest Act, repeals and replaces section 9 (4) (d)] replaces a requirement that the trustees of a trust formed to carry on the business of a member of the Executive Council report material changes in the assets, liabilities and financial interests contained in the trust to the member as well as to the commissioner with a requirement that they make periodic reports to the commissioner disclosing those assets, liabilities and financial interests.
SECTION 9: [Members' Conflict of Interest Act, amends section 16 (2) and adds subsection (2.1)] clarifies that members of the Executive Council are not required to provide in their disclosure statements information that trustees of their businesses must supply under section 9.
Motor Carrier Act
(Ministry of Transportation)
SECTION 10: [Motor Carrier Act, amends section 58 (1)] corrects a word processing error that occurred during statute revision.
Pacific National Exhibition Incorporation Act
(Ministry of Competition, Science and Enterprise)
SECTION 11: [Pacific National Exhibition Incorporation Act, re-enacts section 7 and repeals sections 8 and 9]
Provincial Court Act
(Ministry of Attorney General)
SECTION 12: [Provincial Court Act, amends section 13 (13)] shortens the time period within which the Legislative Assembly may resolve to reject one or more of the recommendations of a Judicial Compensation Committee and set the remuneration, allowances or benefits that are to be substituted.
Public Services Labour Relations Act
(Ministry of Management Services)
SECTION 13: [Public Services Labour Relations Act, amends section 1 (1)] changes paragraph (v) of the definition of "employee" to reflect an organizational name change.
Regulations Act
(Minister of State for Deregulation)
SECTION 14: [Regulations Act, repeals and replaces section 3 (2)] allows the Lieutenant Governor in Council to prescribe further criteria under which a regulation must not be accepted for deposit by the Registrar of Regulations.
SECTION 15: [Regulations Act, amends section 11 (2)]
(a) allows the Lieutenant Governor in Council to prescribe further criteria under which a regulation must not be accepted for deposit by the Registrar of Regulations, and
(b) is a housekeeping amendment.
Regulatory Impact Statement Act
(Minister of State for Deregulation)
SECTION 16: [Regulatory Impact Statement Act, repeals the Act] is self explanatory.
Special Accounts Appropriation and Control Act
(Ministry of Community, Aboriginal and Women's Services)
SECTION 17: [Special Accounts Appropriation and Control Act, re-enacts section 1] adds a definition of Treasury Board.
SECTION 18: [Special Accounts Appropriation and Control Act, amends section 4]
SECTION 19: [Special Accounts Appropriation and Control Act, amends section 6 (1)] updates the references to the minister, to accord with the current ministerial title and responsibilities.
SECTION 20: [Special Accounts Appropriation and Control Act, amends section 7 (2) and (7)] updates the references to the minister, to accord with the current ministerial title and responsibilities.
SECTION 21: [Special Accounts Appropriation and Control Act, amends section 8]
SECTION 22: [Special Accounts Appropriation and Control Act, enacts section 9]
Wildlife Act
(Ministry of Water, Land and Air Protection)
SECTION 23: [Wildlife Act, amends section 1 (1)] corrects a spelling error in a definition.
Hydro rate freeze
(Ministry of Finance)
SECTION 24: [Hydro rate freeze] extends the freeze on hydro rates until March 31, 2003 or an earlier date that may be prescribed.
SECTION 25: [B.C. Reg. 81/2001 validation] confirms and validates corrections made to the Fire Services Act and the Social Service Tax Act by a regulation under the Statute Revision Act and gives those corrections continuing effect.
SECTION 26: [Transitional -- Pacific National Exhibition Incorporation Act] validates specified appointments to the board of the Pacific National Exhibition and validates all things done by the board that would have been valid had the amendments to the Pacific National Exhibition Incorporation Act enacted by this Bill been in force at the time that the things were done.
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