2002 Legislative Session: 3rd 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:
British Columbia Railway Act
1 Section 8 of the British Columbia Railway Act, R.S.B.C. 1996, c. 36, is amended
(a) by renumbering the section as section 8 (1), and
(b) by adding the following subsection:
(2) Despite the agreement referred to in section 2 (1), the common law and the provisions of this or any other enactment, including the Railway Act and the Act to Ratify an Agreement bearing Date the Tenth Day of February, 1912, between His Majesty the King and Timothy Foley, Patrick Welch, and John W. Stewart, and an Agreement bearing Date the Twenty-third Day of January, 1912, between the Grand Trunk Pacific Railway Company and the Grand Trunk Pacific Branch Lines Company and said Foley, Welch, and Stewart, none of the company, any subsidiary or any person under the control of the company or of any subsidiary is required to provide passenger service over all or any part of its line or lines of railway in British Columbia.
Employment and Assistance Act
2 Section 11 (1) (a) (i) of the Employment and Assistance Act, S.B.C. 2002, c. 40, is repealed and the following substituted:
(i) is in the form prescribed by the minister, and .
3 Section 13 (1) is repealed and the following substituted:
(1) Subject to the conditions of an employment plan, the family unit of an applicant or a recipient is subject to the consequence described in subsection (2) for a family unit matching the applicant's or recipient's family unit if
(a) at any time while a recipient in the family unit is receiving income assistance or hardship assistance or within 60 days before an applicant in the family unit applies for income assistance, the applicant or recipient has
(i) failed to accept suitable employment,
(ii) voluntarily left employment without just cause, or
(iii) been dismissed from employment for just cause, or
(b) at any time while a recipient in the family unit is receiving income assistance or hardship assistance, the recipient fails to demonstrate reasonable efforts to search for employment.
Employment and Assistance for Persons with Disabilities Act
4 Section 11 (1) (a) (i) of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41, is repealed and the following substituted:
(i) is in the form prescribed by the minister, and .
5 Section 12 (1) is repealed and the following substituted:
(1) Subject to the conditions of an employment plan, the family unit of an applicant or a recipient is subject to the consequence described in subsection (2) for a family unit matching the applicant's or recipient's family unit if
(a) at any time while a recipient in the family unit is receiving disability assistance or hardship assistance or within 60 days before an applicant in the family unit applies for disability assistance, the applicant or recipient has
(i) failed to accept suitable employment,
(ii) voluntarily left employment without just cause, or
(iii) been dismissed from employment for just cause, or
(b) at any time while a recipient in the family unit is receiving disability assistance or hardship assistance, the recipient fails to demonstrate reasonable efforts to search for employment.
Employment Standards Act
6 Section 80 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by adding the following subsection:
(1.1) Despite subsection (1) (a), for the purposes of a complaint that was delivered before May 30, 2002, to an office of the Employment Standards Branch under and in accordance with section 74, the amount of wages an employer may be required by a determination to pay an employee is limited to the amount that became payable in the period beginning 24 months before the earlier of
(a) the date of the complaint, and
(b) the termination of the employment,
plus interest on those wages.
Escheat Act
7 The Escheat Act, R.S.B.C. 1996, c. 120, is amended by adding the following section:
Delegation by Attorney General
1.1 In this Act, "Attorney General" in a section includes a person designated by the Attorney General for purposes of the section.
8 Sections 4 (3), 5, 7 (1) and (2), 8, 11, 12, 13 (2) and 14 (2) are amended by striking out "Lieutenant Governor in Council" wherever it appears and substituting "Attorney General".
Freedom of Information and Protection of Privacy Act
9 Section 12 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following subsections:
(5) If the Lieutenant Governor in Council considers that the deliberations of a committee relate to the deliberations of the Executive Council, the Lieutenant Governor in Council may designate the committee for the purposes of this section.
(6) It is necessary that a committee designated under subsection (5) include at least one member of the Executive Council.
(7) In subsections (1) and (2), "committee" includes a committee designated under subsection (5).
Highway Act
10 Section 29 (1) of the Highway Act, R.S.B.C. 1996, c. 188, is repealed and the following substituted:
(1) Subject to subsection (2), some or all of the cost of construction and maintenance of arterial highways may, but need not, be borne by the ministry.
11 Section 54 (2) is amended by striking out "or the Vancouver Charter".
Interjurisdictional Support Orders Act
12 Section 47 of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, is repealed and the following substituted:
47 Section 1 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended by repealing the definitions of "maintenance order" and "reciprocating state" and substituting the following:
"maintenance order" means a provision for the payment of maintenance in an order or judgment that is enforceable in British Columbia and includes
(a) an interim order made under Part 8 of the Family Relations Act,
(b) an order made under section 21,
(c) an agreement deemed to be a maintenance order under subsection (2), and
(d) an order that is a support order under the Interjurisdictional Support Orders Act,
but does not include a provisional order or a provisional variation order, as defined in section 1 (1) of the Interjurisdictional Support Orders Act;
"reciprocating jurisdiction" means a reciprocating jurisdiction as defined in section 1 (1) of the Interjurisdictional Support Orders Act; .
Ministry of Transportation and Highways Act
13 Section 27 (1) and (2) of the Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311, is amended by striking out "arbitrators or umpire" and substituting "arbitrator, umpire or referee".
14 Section 27 (3) is repealed.
15 The following section is added:
Damages
27.1 A clause in a contract that stipulates a drawback or penalty for
(a) failure to perform a condition of the contract,
(b) neglect to complete a government building, highway or public work, or
(c) neglect to fulfil a covenant or promise in the contract
must not be construed as punitive, but as importing by mutual consent an assessment of the damages caused by the failure or neglect.
Motor Vehicle Act
16 Section 94.5 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following subsection:
(3) In a review of a driving prohibition under section 94.4, no person may be cross examined.
Municipalities Enabling and Validating Act (No. 3)
17 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following section:
Validation of City of Vancouver zoning bylaws
7 (1) This section applies to all current or former zoning bylaws of the City of Vancouver.
(2) A zoning bylaw that is or was invalid by reason of a failure to comply with the approval requirement of section 54 (2) of the Highway Act as it read immediately before its amendment by section 11 of the Miscellaneous Statutes Amendment Act (No. 3), 2002 is conclusively deemed to have been validly in force, from the date it would have been in force had the approval requirement been met, to the extent that it would have been validly in force had the approval requirement been met.
(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 by reason that it makes no specific reference to that matter.
Public Guardian and Trustee Act
18 Section 1 of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by repealing the definition of "board".
19 Section 4 is repealed.
20 Section 22 (1) and (4) is amended by striking out "After consulting with the board, the Public Guardian and Trustee" and substituting "The Public Guardian and Trustee".
21 Section 27 (1) to (3) and (6) is repealed.
22 Section 28 is amended by renumbering the second subsection (3) as subsection (4).
23 Section 27 (4) and (5) of the Supplement to the Public Guardian and Trustee Act is repealed.
Special Appropriations Act
24 The Special Appropriations Act, R.S.B.C. 1996, c. 437, is repealed.
Vancouver Charter
25 Section 396 (1) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following paragraph:
And British Columbia Cancer Agency Branch
(e.2) That part of the lands and improvements located on the north side of the 600 block of West 10th Avenue, and specifically described as
Lot A
Block 359
District Lot 526
Group 1, New Westminster District
Plan LMP 51308
PID 025-141-015,and occupied by the British Columbia Cancer Agency Branch, so long as it is in actual occupation by, and wholly in use for cancer research and other charitable purposes of, the British Columbia Cancer Agency Branch: .
26 Section 94.5 (3) of the Motor Vehicle Act, as enacted by section 16 of this Act, applies to all reviews of driving prohibitions under section 94.4 of the Motor Vehicle Act, whether or not the application for the review was made prior to May 5, 1997.
27 (1) Section 1 is deemed to have come into force on October 31, 2002 and is retroactive to the extent necessary to give it effect on and after that date.
(2) Sections 2 to 5, 7 to 9 and 24 come into force by regulation of the Lieutenant Governor in Council.
(3) Section 6 is deemed to have come into force on May 30, 2002 and is retroactive to the extent necessary to give it effect on and after that date.
(4) Section 16 is deemed to have come into force on May 5, 1997 and is retroactive to the extent necessary to give it effect on and after that date.
(5) Section 25 comes into force on December 31, 2002, effective for the 2003 taxation year.
British Columbia Railway Act
(Ministry of Transportation)
SECTION 1: [British Columbia Railway Act, amends section 8] removes from British Columbia Railway, and from its subsidiaries and any person acting under the control of British Columbia Railway or any of its subsidiaries, the obligation to provide passenger service on all or any of the British Columbia Railway rail lines.
Employment and Assistance Act
(Ministry of Human Resources)
SECTION 2: [Employment and Assistance Act, repeals and replaces section 11 (1) (a) (i)] clarifies that the form is one prescribed by the minister.
SECTION 3: [Employment and Assistance Act, repeals and replaces section 13 (1)] clarifies the minister's authority to impose sanctions on an applicant for employment-related behaviour, such as quitting a job, that occurs before the date of application for income assistance.
Employment and Assistance for Persons with Disabilities Act
(Ministry of Human Resources)
SECTION 4: [Employment and Assistance for Persons with Disabilities Act, repeals and replaces section 11 (1) (a) (i)] clarifies that the form is one prescribed by the minister.
SECTION 5: [Employment and Assistance for Persons with Disabilities Act, repeals and replaces section 12 (1)] clarifies the minister's authority to impose sanctions on an applicant for employment-related behaviour, such as quitting a job, that occurs before the date of application for disability assistance.
Employment Standards Act
(Ministry of Skills Development and Labour)
SECTION 6: [Employment Standards Act, adds section 80 (1.1)] maintains the limit on the amount of wages an employer may be required to pay an employee in respect of complaints made before May 30, 2002.
Escheat Act
(Ministry of Attorney General)
SECTION 7: [Escheat Act, enacts section 1.1] enables the Attorney General to delegate responsibilities.
SECTION 8: [Escheat Act, amends sections 4 (3), 5, 7, 8, 11, 12, 13 (2) and 14 (2)] transfers to the Attorney General the current capacities of the Lieutenant Governor in Council to
Freedom of Information and Protection of Privacy Act
(Ministry of Management Services)
SECTION 9: [Freedom of Information and Protection of Privacy Act, adds section 12 (5) to (7)] allows the Lieutenant Governor in Council to clarify whether a particular committee is covered by the reference to "committee" in section 12 (1) and (2) of the Act.
Highway Act
(Ministry of Transportation)
SECTION 10: [Highway Act, repeals and replaces section 29 (1)] removes the obligation of the Ministry of Transportation alone to fund the full cost of construction and maintenance of arterial highways and instead provides that the ministry may provide some, all or none of that funding.
SECTION 11: [Highway Act, amends section 54 (2)] deletes the reference to the Vancouver Charter and relieves the City of Vancouver from the obligation to seek the minister's approval for certain zoning bylaws.
Interjurisdictional Support Orders Act
(Ministry of Attorney General)
SECTION 12: [Interjurisdictional Support Orders Act, re-enacts section 47] corrects a reference to the definition of "reciprocating state", which is being replaced by the definition of "reciprocating jurisdiction", in this amendment to section 1 of the Family Maintenance Enforcement Act.
Ministry of Transportation and Highways Act
(Ministry of Transportation)
SECTION 13: [Ministry of Transportation and Highways Act, amends section 27 (1) and (2)] adds a referee as a person who must make an award in accordance with this section.
SECTION 14: [Ministry of Transportation and Highways Act, repeals section 27 (3)] is consequential to re-enacting the provision as a separate section.
SECTION 15: [Ministry of Transportation and Highways Act, enacts section 27.1] re-enacts section 27 (3) as a separate section to clarify that it has a wider application than claims presided over by an arbitrator, umpire or referee.
Motor Vehicle Act
(Ministry of Transportation)
SECTION 16: [Motor Vehicle Act, adds section 94.5 (3)] indicates that cross examination is not permitted in a review of a 90-day driving prohibition for failing a breath test or refusing a breath test.
Municipalities Enabling and Validating Act (No. 3)
(Ministry of Transportation)
SECTION 17: [Municipalities Enabling and Validating Act (No. 3), enacts section 7] validates zoning bylaws made by the City of Vancouver without approval by the minister under section 54 (2) of the Highway Act.
Public Guardian and Trustee Act
(Ministry of Attorney General)
SECTION 18: [Public Guardian and Trustee Act, amends section 1] deletes the definition of the advisory board.
SECTION 19: [Public Guardian and Trustee Act, repeals section 4] repeals the section establishing the advisory board, its membership and its mandate.
SECTION 20: [Public Guardian and Trustee Act, amends section 22 (1) and (4)] deletes the requirement for consultation with the advisory board prior to delivery or modification of the Public Guardian and Trustee's service delivery plan.
SECTION 21: [Public Guardian and Trustee Act, repeals section 27 (1) to (3) and (6)] removes the obligations of the Public Guardian and Trustee to
SECTION 22: [Public Guardian and Trustee Act, amends section 28] corrects a subsection numbering error.
SECTION 23: [Supplement to Public Guardian and Trustee Act, repeals section 27 (4) and (5)] removes not in force provisions requiring certain contents of evaluation plans and imposing an obligation on the Public Guardian and Trustee to consult with the advisory board about the interim findings of an evaluation plan before modifying the plan or presenting the evaluation findings to the Attorney General.
Special Appropriations Act
(Ministry of Finance)
SECTION 24: [Special Appropriations Act, repeals the Act] is self-explanatory.
Vancouver Charter
(Ministry of Community, Aboriginal and Women's Services)
SECTION 25: [Vancouver Charter, adds section 396 (1) (e.2)] provides a tax exemption for the British Columbia Cancer Agency Branch.
SECTION 26: [Motor Vehicle Act -- Transitional] section 94.5 (3) of the Motor Vehicle Act, as enacted by this Bill, applies to all reviews of driving prohibitions under section 94.4 of that Act.
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