2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GARY COLLINS
MINISTER OF FINANCE
SECTION 1: [Business Corporations Act, amends section 1] removes unnecessary wording.
SECTION 2: [Business Corporations Act, amends section 4 (1)] applies specified provisions of the Business Corporations Act to corporations to which the Company Clauses Act applied before its repeal under this Bill.
SECTION 3: [Business Corporations Act, amends section 6 (2)] clarifies that correct mailing for the purposes of the Business Corporations Act includes addressing the mail to the intended recipient.
SECTION 4: [Business Corporations Act, amends section 7] clarifies that correct mailing for the purposes of the Business Corporations Act includes addressing the mail to the intended recipient and removes a reference to fax to make this provision consistent with the other provisions in Division 3 of part 1 of the Act.
SECTION 5: [Business Corporations Act, amends section 8] clarifies that correct mailing for the purposes of the Business Corporations Act includes addressing the mail to the intended recipient, corrects a punctuation error and clarifies wording respecting the mailing address of the head office of an extraprovincial company.
SECTION 6: [Business Corporations Act, amends various sections] provides for the registrar, rather than Cabinet, to determine what forms will be acceptable for registry purposes.
SECTION 7: [Business Corporations Act, amends section 11 (h)] requires inclusion in notices of articles of the date of any court order that alters special rights or restrictions applicable to shares.
SECTION 8: [Business Corporations Act, adds section 12 (6)] clarifies that a change to a company's articles that correctly reflects the requirements of the Act does not constitute a default under a security agreement of the company.
SECTION 9: [Business Corporations Act, amends section 17] clarifies the wording respecting the effect of incorporation to tie incorporation to the time, rather than the date, of incorporation, and to better apply the defined terms used in the provision.
SECTION 10: [Business Corporations Act, amends sections 18, 268 (2), 282 (3), 305 (2), 364 (1) and 365 (1)] removes reference to "under this Act" to allow the amended provisions to refer to companies incorporated under previous Company Acts.
SECTION 11: [Business Corporations Act, adds section 22 (5)] makes express the discretion of the registrar to disapprove of a corporate name.
SECTION 12: [Business Corporations Act, repeals and replaces section 25 (3)] recognizes the possibility that a translation of name may be set out in a pre-existing company's memorandum.
SECTION 13: [Business Corporations Act, repeals and replaces section 39 (7)] gives effect to a change of registered office address on the day following the filing of an application for the change rather than 10 days after the filing of that application and removes unnecessary reference to the court's ability to make a contrary order.
SECTION 14: [Business Corporations Act, amends section 40] provides that court orders that eliminate registered offices take effect on the day after the notice of elimination is filed and removes the possibility for courts to order that that elimination could occur at some later date.
SECTION 15: [Business Corporations Act, amends section 42] adds a section reference and corrects a punctuation error.
SECTION 16: [Business Corporations Act, amends sections 47 (2) (d) and 49 (3) (d)] allows use of a securities register or shareholder's list to call a meeting to fill a vacancy in the office of a liquidator.
SECTION 17: [Business Corporations Act, amends section 54] allows for the alteration of the identifying name of any shares and provides that a company may change its authorized share structure by any resolution it sets out in its articles instead of limiting those articles only to a shareholders' resolution for that purpose.
SECTION 18: [Business Corporations Act, amends section 57 (1) (a)] requires that a share certificate of a company reference the Business Corporations Act instead of the Company Act.
SECTION 19: [Business Corporations Act, amends sections 58 (2) and 80 (2) (d)] removes unnecessary wording.
SECTION 20: [Business Corporations Act, amends section 59 (4)] makes the language in this subsection consistent with the language used elsewhere in the Act.
SECTION 21: [Business Corporations Act, amends section 60 (4)] makes the language in this subsection consistent with the language used elsewhere in the Act.
SECTION 22: [Business Corporations Act, repeals and replaces section 63 (2)] removes an unnecessary reference to value.
SECTION 23: [Business Corporations Act, amends section 70 (1)] expressly authorizes companies to declare dividends.
SECTION 24: [Business Corporations Act, re-enacts section 72] refocuses the section from what is capital to what is added to capital on the issue of shares.
SECTION 25: [Business Corporations Act, amends section 73] clarifies that the capital attributable to shares that are issued under a conversion or exchange in an amalgamation is the same as the capital of the shares that were converted or exchanged.
SECTION 26: [Business Corporations Act, amends section 77] allows a company to acquire its own shares, other than by purchase or redemption, if and to the extent provided for in its articles.
SECTION 27: [Business Corporations Act, adds section 111 (9)] prevents a company from closing its central securities register.
SECTION 28: [Business Corporations Act, amends section 113] makes the language in this subsection consistent with the language used elsewhere in the Act.
SECTION 29: [Business Corporations Act, amends section 114] clarifies that no instrument of transfer is required when a company acquires shares by redemption, dissent proceedings or compulsory acquisition in accordance with the Act.
SECTION 30: [Business Corporations Act, amends section 117] makes the language in this subsection consistent with the language used elsewhere in the Act.
SECTION 31: [Business Corporations Act, amends section 121 (2) (b)] includes within the category of directors who do not need to provide a consent to be a director, those directors of an amalgamated company referred to in section 273 or 274 who were directors of a specified amalgamating corporation.
SECTION 32: [Business Corporations Act, amends section 123 (1)] clarifies that for directors who are required to provide a consent to act, that consent can be provided at any time.
SECTION 33: [Business Corporations Act, repeals and replaces section 129 (4) (a) (ii)] includes within the class of persons who may apply to the court for an order that they are not directors, those persons who were never designated, elected or appointed as a director.
SECTION 34: [Business Corporations Act, amends section 132 (2) (b)] provides that where a vacancy occurs amongst directors appointed by a certain class or series of shareholders with the result that no such directors remain, the other directors must call a meeting of those shareholders unless those shareholders unanimously appoint a replacement director.
SECTION 35: [Business Corporations Act, amends section 134] provides more clarity to the wording respecting how directors' vacancies may be filled.
SECTION 36: [Business Corporations Act, repeals and replaces section 135 (1) (a) (i)] tracks the preceding wording of the section for clarity.
SECTION 37: [Business Corporations Act, amends section 137] specifies the content of the provisions in the articles by which powers of the directors may be transferred, and clarifies where those powers are transferred to shareholders, those shareholders are not restricted from fettering their discretion in relation to the exercise of those powers.
SECTION 38: [Business Corporations Act, amends section 138 (2) (d)] extends to all creditors, rather than just to secured creditors, the protection offered by section 138 (2) (d) of the Business Corporations Act that such a creditor is not, simply by becoming involved in the management of the company, deemed to be one of its directors.
SECTION 39: [Business Corporations Act, amends section 147 (2) (a)] clarifies that a director is not required to disclose an interest in a contract or transaction if none of the Company Acts that applied at the time of, or following, the acquisition of that interest required that disclosure.
SECTION 40: [Business Corporations Act, amends section 157] removes a provision that would have avoided liability for directors who act in compliance with a requirement in the articles.
SECTION 41: [Business Corporations Act, repeals and replaces section 166 (b)] provides that general meetings of shareholders may not be held outside British Columbia unless such an extra-provincial meeting is authorized under and in accordance with the articles.
SECTION 42: [Business Corporations Act, amends section 167] clarifies the type of notice required for a general meeting held under section 167 (8) of the Business Corporations Act and clarifies section references.
SECTION 43: [Business Corporations Act, amends section 182 (4)] more clearly identifies the company that may apply to the registrar under section 182 (4) of the Act.
SECTION 44: [Business Corporations Act, amends section 187] allows registered shareholders to be considered to be qualified shareholders for the purposes of Division 7 of Part 5.
SECTION 45: [Business Corporations Act, amends section 188] harmonizes the language of the provision with the fact that registered owners of shares can be considered as qualified shareholders as a result of the amendment made by this Bill, reduces the period before a meeting that a proposal must be received by the company in order for the proposal to be effective from 4 months to 3 months and clarifies that the signatures and declarations to the proposal are not to be counted as part of the maximum word length of the proposal.
SECTION 46: [Business Corporations Act, amends section 189 (5) (b)] removes from a company the obligation to process a proposal that exceeds the maximum word length.
SECTION 47: [Business Corporations Act, repeals and replaces section 194 (3)] includes a company's non-transferable written acknowledgement as evidence of share ownership in that company.
SECTION 48: [Business Corporations Act, repeals and replaces section 195 (8) (a)] clarifies the intent of the paragraph.
SECTION 49: [Business Corporations Act, amends section 227 (3) (l)] corrects a punctuation error.
SECTION 50: [Business Corporations Act, amends section 239] clarifies the status of the referenced shareholder as both a registered owner and a beneficial owner and avoids referencing a specified shareholder where none has been identified.
SECTION 51: [Business Corporations Act, amends section 240 (3)] provides that no notice of a resolution need be given to a shareholder who has voted in favour of the resolution.
SECTION 52: [Business Corporations Act, amends section 242] gives to statements sent under section 240 (3) (b) the same effect as applies to statements sent under section 240 (2) (b).
SECTION 53: [Business Corporations Act, amends section 243 (2)] clarifies which of the two notices mentioned in section 243 (1) of the Business Corporations Act is referred to in section 243 (2).
SECTION 54: [Business Corporations Act, repeals and replaces section 245 (4)] clarifies that a dissenter who receives notice that the company cannot lawfully pay dissenters for their shares remains a claimant of the company unless the dissenter withdraws the notice of dissent.
SECTION 55: [Business Corporations Act, repeals and replaces section 256 (2) (c)] clarifies that a pre-existing company may make changes to its articles that correctly reflects the requirements of the Act.
SECTION 56: [Business Corporations Act, amends section 257 (3)] allows a company to alter its notice of articles, without an authorizing resolution, to reflect an amendment to its articles that was made by a court order.
SECTION 57: [Business Corporations Act, amends section 259 (4)] clarifies that a company must alter its notice of articles if special rights or restrictions attached to shares are altered.
SECTION 58: [Business Corporations Act, amends sections 271 (3) (c) and 290 (1) (b) (ii)] makes the language in these subsections consistent with the language used elsewhere in the Act.
SECTION 59: [Business Corporations Act, repeals and replaces section 274 (c)] clarifies the wording of the paragraph.
SECTION 60: [Business Corporations Act, amends section 275]
SECTION 61: [Business Corporations Act, adds section 278 (3.1)] clarifies that the procedure for getting an order under section 278 (3) (b) is not the same as the procedure applicable to obtaining a court order to approve an amalgamation.
SECTION 62: [Business Corporations Act, amends section 285] clarifies which jurisdiction's laws must accord with section 285 of the Business Corporations Act in order for an amalgamation between a company and a foreign corporation to be authorized.
SECTION 63: [Business Corporations Act, amends sections 286 (3) and 311 (3)] ties the application of sections 286 and 311 to the amalgamation and continuation respectively, rather than to the date of the amalgamation or continuation.
SECTION 64: [Business Corporations Act, repeals and replaces section 289 (1) (a)] harmonizes the wording of section 289 (1) (a) of the Business Corporations Act with section 284 (4) of that Act.
SECTION 65: [Business Corporations Act, amends section 291 (5) (a)] harmonizes the wording of section 291 (5) (a) of the Business Corporations Act with the amendments to sections 292 to 299 of that Act as enacted by this Bill.
SECTION 66: [Business Corporations Act, re-enacts sections 292 to 299] simplifies the arrangement filing procedure, removes the possibility of filing arrangement materials that would take effect at a future date, ensures consistent application of the Act to corporate activities whether those activities are effected under an arrangement or not and clarifies when and how an arrangement may be abandoned.
SECTION 67: [Business Corporations Act, repeals and replaces section 302 (1) (b)] clarifies that the registrar may require certain documents to be filed and others to simply be provided.
SECTION 68: [Business Corporations Act, amends section 312] sets the commencement of a voluntary liquidation at the date on which the special resolution is passed to authorize the liquidation rather than the date on which a statement of intent to liquidate is filed.
SECTION 69: [Business Corporations Act, adds section 321 (2) (a.1)] requires that the statement of intent to liquidate filed in relation to a voluntary liquidation states the date on which the special resolution authorizing the liquidation was passed.
SECTION 70: [Business Corporations Act, amends section 324 (3)] makes it express that the court can make an order under section 324 (3) of the Business Corporations Act if the court considers the applicant to be entitled to an order for liquidation and dissolution.
SECTION 71: [Business Corporations Act, amends section 330] requires, in respect of a company in liquidation, that notice be given to the registrar of any change in the location of the company's records and clarifies when a liquidation report is to be filed.
SECTION 72: [Business Corporations Act, amends section 334 (1) (c)] expressly authorizes the liquidator of a company to change one or both of the registered office and records office of the company.
SECTION 73: [Business Corporations Act, amends section 349 (1)] corrects a punctuation error.
SECTION 74: [Business Corporations Act, repeals and replaces section 351 (3)] requires that filings necessary under section 351 (3) be made promptly, requires that notice of change of location of a dissolved company's records be filed whether or not there was an initial filing respecting the location of those records and reflects that records to be filed with the registrar must be in the form approved by the registrar rather than by Cabinet.
SECTION 75: [Business Corporations Act, amends section 354 (2)] allows the court to order that a person is a "related person" for the purposes of Division 11 of Part 10 of the Act.
SECTION 76: [Business Corporations Act, amends section 355] clarifies that a restoration application can be made no matter why a company was dissolved or the registration of an extraprovincial company was cancelled, and provides that notice of a restoration application must be provided to an extraprovincial company that has no attorney by sending the notice to the extraprovincial company's head office in British Columbia.
SECTION 77: [Business Corporations Act, amends section 357 (1) (b)] makes the language in section 357 (1) (b) of the Business Corporations Act consistent with the language used elsewhere in that Act.
SECTION 78: [Business Corporations Act, amends section 362 (2)] adds specificity to the section cross-references found in section 362 (2) of the Act.
SECTION 79: [Business Corporations Act, amends section 364] clarifies that the Statutory Reporting Company Provisions apply to a company that was a reporting company immediately before its dissolution, removes unnecessary words from section 364 (4) (b) of the Business Corporations Act and links the wording in section 364 (4) of the Business Corporations Act relating to the continuance of a restored company to the wording in that section relating to the proceedings that may be taken against a restored company.
SECTION 80: [Business Corporations Act, amends section 367 (1)] requires that a restored company be provided with a certified copy of the restoration application and a certified copy of the notice of articles, if any.
SECTION 81: [Business Corporations Act, amends section 368 (3)] clarifies that the government need not return to a restored company money the government had paid out under section 349.
SECTION 82: [Business Corporations Act, amends section 370 (1) (c) (ii)] removes from restored pre-existing companies the necessity to include in their central securities register, within 12 months after the date on which they are restored, information respecting shares issued within the 6 years before the company's dissolution.
SECTION 83: [Business Corporations Act, amends section 371] requires that a company that has been restored must, before filing a post-restoration transition application, file all necessary documents to the registrar to bring the information in the corporate registry about the company's directors up to date, and clarifies the information that is to be included in that application form respecting directors and the registered and records office of the company.
SECTION 84: [Business Corporations Act, amends section 372] identifies the provisions of the Business Corporations Act that apply to the articles of a restored company, and allows for those articles to be changed to reflect correct information without the necessity of resolutions authorizing those changes.
SECTION 85: [Business Corporations Act, amends section 373 (2)] includes a change to the articles under section 372 (4) of the Business Corporations Act as a matter that does not constitute a default under a security agreement or other record, and clarifies that in order for a filing, alteration or change to avoid constituting a contravention of or a default under a security agreement or other record, the filing, alteration or change must be in accordance with sections 370 (1) (a) and (b) or 372 (4) respectively.
SECTION 86: [Business Corporations Act, amends section 375 (6)] applies to a foreign entity that need not be registered as an extraprovincial company the same obligation to display its corporate name as applies to a registered extraprovincial company.
SECTION 87: [Business Corporations Act, adds section 376 (4)] allows the registrar to require proof of the status of a foreign entity that is registered or is applying to be registered as an extraprovincial company.
SECTION 88: [Business Corporations Act, amends section 378 (1)] removes reference to "under this Part" to allow the amended provisions to refer to extraprovincial companies registered under previous Company Acts.
SECTION 89: [Business Corporations Act, amends section 379] sets out the information that is to be provided to the registrar in relation to the amalgamation of an extraprovincial company, ensures that that notice is provided to each attorney of the extraprovincial company and allows the registrar to require proof of the status of an amalgamated foreign entity to which a certificate of registration is or may be issued.
SECTION 90: [Business Corporations Act, adds section 382 (5)] allows the registrar to require proof of the status of a foreign entity to which a certificate of change of name is or may be issued.
SECTION 91: [Business Corporations Act, amends section 395 (5)] removes a potentially limiting reference to date.
SECTION 92: [Business Corporations Act, repeals section 405] removes the section granting immunity to the registrar and his or her agents, officers and employees.
SECTION 93: [Business Corporations Act, adds section 408 (1.1) and (1.2)] provides express authority to the registrar to establish forms for use in the registry.
SECTION 94: [Business Corporations Act, re-enacts section 409] clarifies that if one future dated filing is filed with the registrar in relation to a entity, the registrar will not accept any other filing in relation to that entity, other than the filings specified in section 409 of the Business Corporations Act, until the future-dated filing takes effect or is withdrawn.
SECTION 95: [Business Corporations Act, amends section 412 (3) (a) (ii)] simplifies wording.
SECTION 96: [Business Corporations Act, amends section 416] allows the registrar to determine how searches of the registry are to be conducted.
SECTION 97: [Business Corporations Act, amends section 417 (a)] removes the necessity for the registrar to sign a notice that a record has been lost, mislaid or destroyed.
SECTION 98: [Business Corporations Act, amends section 436 (1) (c)] removes from pre-existing companies the necessity to include in their central securities register, within 2 years after the coming into force of the Business Corporations Act, information respecting shares issued within the 6 years before the coming into force of that Act.
SECTION 99: [Business Corporations Act, amends section 437] requires that a pre-existing company must, before filing a transition application, file all necessary documents with the registrar to bring the information in the corporate registry about the company's directors up to date, and clarifies the information that is to be included in that application form respecting directors and the registered and records office of the company.
SECTION 100: [Business Corporations Act, amends section 438] identifies the provisions of the Business Corporations Act that apply to the articles of a pre-existing company, and allows for those articles to be changed to reflect correct information without the necessity of resolutions authorizing those changes.
SECTION 101: [Business Corporations Act, amends section 439 (2)] includes a change to the articles under section 438 (4) of the Business Corporations Act as a matter that does not constitute a default under a security agreement or other record, and clarifies that in order for a filing, alteration or change to avoid constituting a contravention of or alteration or change must be in accordance with sections 436 (1) (a) and (b) or 438 (4) respectively.
SECTION 102: [Business Corporations Act, amends section 443 (b)] allows, in specified circumstances, for an address inside British Columbia to be the mailing address and delivery address of an extraprovincial company on the coming into force of the Business Corporations Act.
SECTION 103: [Business Corporations Act, amends the heading of the Schedule] corrects a reference.
SECTION 104: [Business Corporations Act, amends the Schedule] harmonizes the wording of the Schedule with the Business Corporations Act as amended by this Bill.
Agricultural Land Commission Act
SECTION 105: [Agricultural Land Commission Act, amends section 12] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Architects Act
SECTION 106: [Architects Act, amends section 26 (2) (a) and (3) (b)] harmonizes the language of the Architects Act with the language of the Business Corporations Act.
Assessment Authority Act
SECTION 107: [Assessment Authority Act, amends section 3 (5)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Association of Former M.L.A.s of British Columbia Act
SECTION 108: [Association of Former M.L.A.s of British Columbia Act, amends section 11] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
British Columbia Buildings Corporation Act
SECTION 109: [British Columbia Buildings Corporation Act, amends section 19] updates the cross references to the Company Act in the British Columbia Buildings Corporation Act with cross references to the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
British Columbia Enterprise Corporation Act
SECTION 110: [British Columbia Enterprise Corporation Act, amends section 2 (6)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 111: [British Columbia Enterprise Corporation Act, amends section 4] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act and includes a "notice of articles" within the charter documents over which the British Columbia Enterprise Corporation Act and its regulations take priority in the event of a conflict.
British Columbia Transit Act
SECTION 112: [British Columbia Transit Act, amends section 2 (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
British Columbia Wine Act
SECTION 113: [British Columbia Wine Act, amends section 6] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
Build BC Act
SECTION 114: [Build BC Act, amends section 26] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Building Officials' Association Act
SECTION 115: [Building Officials' Association Act, amends section 2] updates the cross references to the Company Act in the Building Officials' Association Act with cross references to the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Cemetery and Funeral Services Act
SECTION 116: [Cemetery and Funeral Services Act, amends section 1 (1)] applies a broader definition of "company" to the Cemetery and Funeral Services Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
Chiropractors Act
SECTION 117: [Chiropractors Act, amends section 12 (1)] applies a broader definition of "company" to the Chiropractors Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
Columbia Basin Trust Act
SECTION 118: [Columbia Basin Trust Act, amends section 16] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 119: [Columbia Basin Trust Act, amends section 29] adopts the new indemnification provisions of the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 120: [Columbia Basin Trust Act, amends section 31 (4)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Commercial Transport Act
SECTION 121: [Commercial Transport Act, amends section 6 (6) (b)] harmonizes the language of the Commercial Transport Act with the language of the Business Corporations Act.
Community Care and Assisted Living Act
SECTION 122: [Community Care and Assisted Living Act, repeals and replaces section 13 (3)] harmonizes the language of the Community Care and Assisted Living Act with the language of the Business Corporations Act.
Community Financial Services Act
SECTION 123: [Community Financial Services Act, amends section 1] continues the application of the Company Act to the Community Financial Services Act despite the repeal of the Company Act.
SECTION 124: [Community Financial Services Act, amends section 33] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Community Services Interim Authorities Act
SECTION 125: [Community Services Interim Authorities Act, amends section 14] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Company Act
SECTION 126: [Company Act, repeals the Supplement] is self explanatory.
Company Clauses Act
SECTIONS 127 AND 128: [Company Clauses Act, repeals the Act and the Supplement] are self explanatory.
Constitution Act
SECTION 129: [Constitution Act, amends section 25 (b) (i)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Cooperative Association Act
SECTION 130: [Cooperative Association Act, amends section 1] continues the application of the Company Act to the Cooperative Association Act despite the repeal of the Company Act.
SECTION 131: [Cooperative Association Act, adds section 7 (3)] expressly provides that the Business Corporations Act does not apply to associations or extraprovincial associations.
SECTION 132: [Cooperative Association Act, amends section 222] repeals a not in force provision.
Corporation Capital Tax Act
SECTION 133: [Corporation Capital Tax Act, amends section 18 (3) (b)] harmonizes the language of the Corporation Capital Tax Act with the language of the Business Corporations Act.
Credit Union Incorporation Act
SECTION 134: [Credit Union Incorporation Act, amends section 1] continues the application of the Company Act to the Credit Union Incorporation Act despite the repeal of the Company Act.
SECTION 135: [Credit Union Incorporation Act, amends section 2] provides that the Business Corporations Act does not apply to a credit union.
Crown Franchise Act
SECTION 136: [Crown Franchise Act, amends section 5 (d)] harmonizes the language of the Crown Franchise Act with the language of the Business Corporations Act.
Election Act
SECTION 137: [Election Act, amends section 179 (3)] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
Emergency Communications Corporations Act
SECTION 138: [Emergency Communications Corporations Act, amends section 1] applies a broader definition of "company" to the Emergency Communications Corporations Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
SECTION 139: [Emergency Communications Corporations Act, amends section 5] updates the cross references to the Company Act in the Emergency Communications Corporations Act with cross references to the Business Corporations Act, includes notices of articles of emergency communications corporations as records that may be amended only with the approval of the minister and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 140: [Emergency Communications Corporations Act, amends section 13] includes a "notice of articles" within the charter documents over which the Emergency Communications Corporations Act and its regulations take priority in the event of a conflict and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Employee Investment Act
SECTION 141: [Employee Investment Act, amends section 1 (1)] harmonizes the language of the Employee Investment Act with the language of the Business Corporations Act.
SECTION 142: [Employee Investment Act, amends section 3 (a)] harmonizes the language of the Employee Investment Act with the language of the Business Corporations Act.
SECTION 143: [Employee Investment Act, amends section 4 (1) (d) (iv)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 144: [Employee Investment Act, amends section 9] updates the cross references to the Company Act in the Employee Investment Act with cross references to the Business Corporations Act and harmonizes the language of the Employee Investment Act with the language of the Business Corporations Act.
SECTION 145: [Employee Investment Act, amends section 25] recognizes the ability provided under the Business Corporations Act to issue fractional shares.
SECTION 146: [Employee Investment Act, repeals and replaces section 26 (5) (b)] harmonizes the language of the Employee Investment Act with the language of the Business Corporations Act and updates the cross references to the Company Act in the Employee Investment Act with cross references to the Business Corporations Act.
Escheat Act
SECTION 147: [Escheat Act, amends section 4] recognizes that a corporation's revival may occur without court order under the Business Corporations Act, and provides for the court to make an order that escheated land be returned to a revived corporation on an application made before, on or after that revival.
Estate Administration Act
SECTION 148: [Estate Administration Act, amends section 96 (1)] harmonizes the language of the Estate Administration Act with the language of the Business Corporations Act and expands the range of corporate documents that can apply to determine what is a spousal home.
Family Maintenance Enforcement Act
SECTION 149: [Family Maintenance Enforcement Act, amends section 14.1 (1)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 150: [Family Maintenance Enforcement Act, amends section 14.2 (1)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Financial Disclosure Act
SECTION 151: [Financial Disclosure Act, amends section 5 (1) (c)] updates the cross references to the Company Act in the Financial Disclosure Act with cross references to the Business Corporations Act.
Financial Institutions Act
SECTION 152: [Financial Institutions Act, amends section 1] continues the application of the Company Act to the Financial Institutions Act despite the repeal of the Company Act and requires corporations incorporated under the Business Corporations Act to convert under the Financial Institutions Act in order to be or become an insurance company under that Act.
SECTION 153: [Financial Institutions Act, amends section 2] makes the Business Corporations Act inapplicable to financial institutions or extraprovincial companies.
SECTION 154: [Financial Institutions Act, amends section 6] applies a Part of the Company Act applicable to extraprovincial companies to extraprovincial societies having a business authorization.
SECTION 155: [Financial Institutions Act, amends section 245 (1) (j) (ii)] provides the superintendent with the power to require a financial institution's assets to be held for a receiver or other authorized person appointed under the Business Corporations Act.
SECTION 156: [Financial Institutions Act, adds section 273 (3)] expressly provides that the Business Corporations Act does not apply to deposit insurance corporations.
First Peoples' Heritage, Language and Culture Act
SECTION 157: [First People's Heritage, Language and Culture Act, amends section 13] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Forensic Psychiatry Act
SECTION 158: [Forensic Psychiatry Act, amends section 8] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Forest Act
SECTION 159: [Forest Act, amends section 140 (1) (b)] adopts the new service provisions of the Business Corporations Act and harmonizes the language of the Forest Act with the language of the Business Corporations Act.
SECTION 160: [Forest Act, amends section 164 (2) (a)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Forest and Range Practices Act
SECTION 161: [Forest and Range Practices Act, amends section 110 (1) (b)] adopts the new service provisions of the Business Corporations Act and harmonizes the language of the Forest and Range Practices Act with the language of the Business Corporations Act.
Forest Practices Code of British Columbia Act
SECTION 162: [Forest Practices Code of British Columbia Act, amends section 164 (1) (b)] adopts the new service provisions of the Business Corporations Act and harmonizes the language of the Forest Practices Code of British Columbia Act with the language of the Business Corporations Act.
Gaming Control Act
SECTION 163: [Gaming Control Act, amends section 1 (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 164: [Gaming Control Act, amends section 2 (4)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 165: [Gaming Control Act, amends section 59] applies a broader definition of "company" to allow for a broader range of companies to be eligible to be registered as a gaming services provider and otherwise harmonizes the language of the Gaming Control Act with the language of the Business Corporations Act.
SECTION 166: [Gaming Control Act, amends section 83 (2) (d)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Greater Vancouver Transportation Authority Act
SECTION 167: [Greater Vancouver Transportation Authority Act, amends section 2 (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 168: [Greater Vancouver Transportation Authority Act, amends section 9 (3) (g)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 169: [Greater Vancouver Transportation Authority Act, amends section 46 (2) (a) and (3)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 170: [Greater Vancouver Transportation Authority Act, amends section 46 (2) (a)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Health Authorities Act
SECTION 171: [Health Authorities Act, amends section 10 (4)] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
SECTION 172: [Health Authorities Act, amends section 16 (4) (a)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 173: [Health Authorities Act, amends section 19] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Health Professions Act
SECTION 174: [Health Professions Act, amends section 15 (4)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 175: [Health Professions Act, amends section 43 (1) (a)] applies a broader definition of "company" to the Health Professions Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
SECTION 176: [Health Professions Act, amends section 44 (4)] updates a cross reference to the Company Act in the Health Professions Act with the equivalent cross references to the Business Corporations Act.
Homeowner Protection Act
SECTION 177: [Homeowner Protection Act, amends section 3 (8)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Hospital Act
SECTION 178: [Hospital Act, amends section 52 (4)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Hydro and Power Authority Act
SECTION 179: [Hydro and Power Authority Act, repeals and replaces section 32 (7) (c)] adopts for the Hydro and Power Authority Act the new indemnification provisions of the Business Corporations Act.
Hydro and Power Authority Privatization Act
SECTION 180: [Hydro and Power Authority Privatization Act, amends section 1] harmonizes the language of the Hydro and Power Authority Privatization Act with the language of the Business Corporations Act.
SECTION 181: [Hydro and Power Authority Privatization Act, amends section 3 (2) (a)] applies a broader definition of "company" to the Hydro and Power Authority Privatization Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
SECTION 182: [Hydro and Power Authority Privatization Act, amends section 18] applies a broader definition of "company" to the Hydro and Power Authority Privatization Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act and otherwise harmonizes the language of the Hydro and Power Authority Privatization Act with the language of the Business Corporations Act.
SECTION 183: [Hydro and Power Authority Privatization Act, amends section 19 (3) (d)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 184: [Hydro and Power Authority Privatization Act, amends section 23] includes a "notice of articles" within the charter documents of a special company.
SECTION 185: [Hydro and Power Authority Privatization Act, amends section 24 (1) and (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 186: [Hydro and Power Authority Privatization Act, amends section 24 (1) (d) (i)] adopts for the Hydro and Power Authority Privatization Act the new arrangement provisions of the Business Corporations Act.
SECTION 187: [Hydro and Power Authority Privatization Act, amends section 25 (2)] harmonizes the language of the Hydro and Power Authority Privatization Act with the language of the Business Corporations Act.
SECTION 188: [Hydro and Power Authority Privatization Act, amends section 27 (1)] adopts for the Hydro and Power Authority Privatization Act the new arrangement provisions of the Business Corporations Act and otherwise harmonizes the language of the Hydro and Power Authority Privatization Act with the language of the Business Corporations Act.
SECTION 189: [Hydro and Power Authority Privatization Act, amends sections 28 (3) (b) and 29 (3) (b)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 190: [Hydro and Power Authority Privatization Act, amends sections 28 (3) (c) and 29 (3) (c)] adopts for the Hydro and Power Authority Privatization Act the new arrangement provisions of the Business Corporations Act.
SECTION 191: [Hydro and Power Authority Privatization Act, amends section 34 (1)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 192: [Hydro and Power Authority Privatization Act, amends section 37 (5)] updates the cross references to the Company Act in the Hydro and Power Authority Privatization Act with cross references to the Business Corporations Act.
SECTION 193 [Hydro and Power Authority Privatization Act, amends section 39 (3)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 194: [Hydro and Power Authority Privatization Act, amends section 40] includes a "notice of articles" within the charter documents over which the Hydro and Power Authority Privatization Act and its regulations take priority in the event of a conflict and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Independent School Act
SECTION 195: [Independent School Act, amends section 1 (1)] applies a broader definition of "company" to the definition of authority in the Independent School Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
Innovation and Science Council Act
SECTION 196: [Innovation and Science Council Act, amends section 16 (4)] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
Institute of Technology Act
SECTION 197: [Institute of Technology Act, amends section 2 (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Insurance (Captive Company) Act
SECTION 198: [Insurance (Captive Company) Act, amends section 1] harmonizes the language of the Insurance (Captive Company) Act with the language of the Business Corporations Act and applies a broader definition of "company" to the definitions of "association captive insurance company", "pure captive insurance company" and "sophisticated insured captive insurance company" in the Insurance (Captive Company) Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
SECTION 199: [Insurance (Captive Company) Act, amends section 3 (5)] adopts for the Insurance (Captive Company) Act the new continuation and extraprovincial amalgamation provisions of the Business Corporations Act.
SECTION 200: [Insurance (Captive Company) Act, amends section 7 (c)] includes a "notice of articles" within the charter documents that a captive insurance company must not change without the consent of the superintendent.
SECTION 201: [Insurance (Captive Company) Act, amends section 12 (1) (a)] applies a broader definition of "company" to the Insurance (Captive Company) Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
SECTION 202: [Insurance (Captive Company) Act, amends section 13 (2) (k)] allows the Lieutenant Governor in Council to make regulations disapplying some or all of the Business Corporations Act to captive insurance companies.
Insurance Corporation Act
SECTION 203: [Insurance Corporation Act, amends section 40] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Insurance (Motor Vehicle) Act
SECTION 204: [Insurance (Motor Vehicle) Act, amends section 7 (2) (b)] applies a broader definition of "company" to the corporate status required before a corporation can provide extension insurance.
International Financial Business Act
SECTION 205: [International Financial Business Act, amends section 1 (1)] preserves for the International Financial Business Act the Company Act definition of associate and otherwise harmonizes the language of the International Financial Business Act with the language of the Business Corporations Act.
SECTION 206: [International Financial Business Act, amends section 2] precludes a licensed corporation from entering into an extraprovincial amalgamation, preserves for the International Financial Business Act the Company Act requirements for resident directors and otherwise updates the cross references to the Company Act in the International Financial Business Act with cross references to the Business Corporations Act.
SECTION 207: [International Financial Business Act, repeals and replaces section 3 (1) (a)] applies a broader definition of "company" to the corporate status required before a corporation can apply for a licence to carry on an international financial business.
SECTION 208: [International Financial Business Act, amends section 10 (1) (c)] provides the superintendent with the power to require a corporation's assets to be held for a receiver or other authorized person appointed under the Business Corporations Act.
SECTION 209: [International Financial Business Act, amends section 11 (5)] updates the cross references to the Company Act in the International Financial Business Act with cross references to the Business Corporations Act.
SECTION 210: [International Financial Business Act, amends section 18] updates the cross references to the Company Act in the International Financial Business Act with cross references to the Business Corporations Act.
SECTION 211: [International Financial Business Act, amends section 20 (2) (h)] harmonizes the language of the International Financial Business Act with the language of the Business Corporations Act.
Interpretation Act
SECTION 212: [Interpretation Act, amends section 29] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Islands Trust Act
SECTION 213: [Islands Trust Act, amends sections 12, 25 and 42] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Land Surveyors Act
SECTION 214: [Land Surveyors Act, amends section 51 (1)] applies a broader definition of "company" to the corporate status of a land surveying company to which a permit may be issued under the Land Surveyors Act.
Land Tax Deferment Act
SECTION 215: [Land Tax Deferment Act, amends section 5 (3) (f)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Land Title Act
SECTION 216: [Land Title Act, amends section 165 (4) (b)] includes a "notice of articles" within the charter documents over which an executed instrument can take priority for the purposes of the Land Title Act.
SECTION 217: [Land Title Act, repeals section 202] reflects the removal from the Business Corporations Act of the majority of the Company Act provisions that dealt with debentures.
Legal Professions Act
SECTION 218: [Legal Professions Act, amends section 1 (1)] includes the drafting, revising or settling of a notice of articles as a task that constitutes the practice of law.
SECTION 219: [Legal Professions Act, amends section 82 (1)] harmonizes the language of the Legal Professions Act with the language of the Business Corporations Act.
Legal Services Society Act
SECTION 220: [Legal Services Society Act, amends section 3 (1) and (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Liquor Control and Licensing Act
SECTION 221: [Liquor Control and Licensing Act, amends section 76 (1)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Livestock Act
SECTION 222: [Livestock Act, amends section 4 (4)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Local Government Act
SECTION 223: [Local Government Act, amends section 331 (2) (b)] harmonizes the language of the Local Government Act with the language of the Business Corporations Act.
Members' Conflict of Interest Act
SECTION 224: [Members' Conflict of Interest Act, amends section 16 (4)] updates the cross references to the Company Act in the Members' Conflict of Interest Act with cross references to the Business Corporations Act.
Mineral Tenure Act
SECTION 225: [Mineral Tenure Act, amends section 8 (1) (a)] applies a broader definition of "company" to the corporate status of a corporation that can constitute a Canadian corporation for the purposes of the Mineral Tenure Act, harmonizes the language of the Mineral Tenure Act with the language of the Business Corporations Act and is otherwise consequential to the repeal of the Company Clauses Act by this Bill.
Ministry of Transportation and Highways Act
SECTION 226: [Ministry of Transportation and Highways Act, amends section 6 (e) (i)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 227: [Ministry of Transportation and Highways Act, amends section 37] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 228: [Ministry of Transportation and Highways Act, amends section 39 (1)] harmonizes the language of the Ministry of Transportation and Highways Act with the language of the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 229: [Ministry of Transportation and Highways Act, amends section 41 (4)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Miscellaneous Statutes Amendment Act (No. 2), 2002
SECTION 230: [Miscellaneous Statutes Amendment Act (No. 2), 2002, amends section 40] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Motor Vehicle Act
SECTION 231: [Motor Vehicle Act, repeals and replaces section 4 (2) (b)] harmonizes the language of the Motor Vehicle Act with the language of the Business Corporations Act.
SECTION 232: [Motor Vehicle Act, amends section 19] harmonizes the language of the Motor Vehicle Act with the language of the Business Corporations Act and clarifies the application of section 19 of the Motor Vehicle Act to extraprovincial companies.
Mountain Resort Associations Act
SECTION 233: [Mountain Resort Association Act, amends section 6] removes a reference to "reporting company" as those entities are not referred to in the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Municipal Finance Authority Act
SECTION 234: [Municipal Finance Authority Act, amends section 28 (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Notaries Act
SECTION 235: [Notaries Act, amends section 58 (1)] applies a broader definition of "company" to the Notaries Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
Okanagan Valley Tree Fruit Authority Act
SECTION 236: [Okanagan Valley Tree Fruit Authority Act, amends section 15] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Open Learning Agency Act
SECTION 237: [Open Learning Agency Act, amends sections 2 (3) and 18 (2) (e)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 238: [Open Learning Agency Act, amends section 15 (b)] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
Optometrists Act
SECTION 239: [Optometrists Act, amends section 13 (1)] applies a broader definition of "company" to the Optometrists Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
Partnership Act
SECTION 240: [Partnership Act, amends section 1] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Pension Benefits Standards Act
SECTION 241: [Pension Benefits Standards Act, amends section 1 (1)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Pension Fund Societies Act
SECTION 242: [Pension Fund Societies Act, amends section 1] harmonizes the language of the Pension Fund Societies Act with the language of the Business Corporations Act.
Personal Property Security Act
SECTION 243: [Personal Property Security Act, amends section 64 (2) (e)] harmonizes the language of the Personal Property Security Act with the language of the Business Corporations Act.
Pharmacists, Pharmacy Operations and Drug Scheduling Act
SECTION 244: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, amends section 25 (2)] applies a broader definition of "company" to the Pharmacists, Pharmacy Operations and Drug Scheduling Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
Podiatrists Act
SECTION 245: [Podiatrists Act, amends section 13 (1)] applies a broader definition of "company" to the Podiatrists Act to include all companies recognized under the Business Corporations Act as that term is defined in that Act.
Private Investigators and Security Agencies Act
SECTION 246: [Private Investigators and Security Agencies Act, amends section 6 (a)] adopts the new definition of senior officer from the Business Corporations Act.
Private Post-Secondary Education Act
SECTION 247: [Private Post-Secondary Education Act, amends section 24 (b)] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
Property Transfer Tax Act
SECTION 248: [Property Transfer Tax Act, amends section 14 (4) (u) (i)] adopts for the Property Transfer Tax Act the new amalgamation provisions of the Business Corporations Act.
Public Sector Pension Plans Act
SECTION 249: [Public Sector Pension Plans Act, amends section 5 (7)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
SECTION 250: [Public Sector Pension Plans Act, amends section 9 (1) (c)] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
SECTION 251: [Public Sector Pension Plans Act, amends section 16 (7)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
SECTION 252: [Public Sector Pension Plans Act, amends section 20 (1) (c)] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
Railway Act
SECTION 253: [Railway Act, amends section 5] reflects the repeal of Part 11 of the Railway Act under this Bill.
SECTION 254: [Railway Act, amends section 8] harmonizes the language of the Railway Act with the language of the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Range Act
SECTION 255: [Range Act, amends section 20 (1)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 256: [Range Act, amends section 46 (1) (b)] adopts for the Range Act the service provisions of the Business Corporations Act applicable to corporations.
Real Estate Act
SECTION 257: [Real Estate Act, amends section 1] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Resort Municipality of Whistler Act
SECTION 258: [Resort Municipality of Whistler Act, amends section 16] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
School Act
SECTION 259: [School Act, amends section 55] adopts the Business Corporations Act's definition of "senior officer".
SECTION 260: [School Act, amends section 95.1 (1)] harmonizes the language of Part 6.1 of the School Act with the language of the Business Corporations Act.
SECTION 261: [School Act, amends section 95.11] harmonizes the language of Part 6.1 of the School Act with the language of the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 262: [School Act, amends section 95.12] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 263: [School Act, re-enacts sections 95.2 and 95.21] establishes the procedure by which a board may form a company.
SECTION 264: [School Act, amends section 95.22] harmonizes the language of the School Act with the language of the Business Corporations Act.
SECTION 265: [School Act, re-enacts section 95.23 and enacts section 95.231] applies the provisions of the Business Corporations Act dealing with the effect of incorporating a company and provides that, if a company carries on business without a member, the directors and officers are liable for the debts contracted by the company during that time.
SECTION 266: [School Act, adds section 95.24 (3)] restricts the use of "School District" or "Francophone Education Authority" in names to names of companies owned by the board or authority.
SECTION 267: [School Act, amends section 95.25] harmonizes the language of the School Act with the language of the Business Corporations Act.
SECTION 268: [School Act, re-enacts section 95.27] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act.
SECTION 269: [School Act, re-enacts section 95.29] applies the new corporate offices provisions of the Business Corporations Act to the School Act.
SECTION 270: [School Act, re-enacts section 95.32] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act.
SECTION 271: [School Act, re-enacts section 95.34] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act.
SECTION 272: [School Act, re-enacts section 95.41 and enacts sections 95.412 to 95.414] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act and applies residency requirements to company directors, restricts financial assistance, prohibits loans and guarantees in certain circumstances and allows the enforcement of contracts made in contravention of those restrictions.
SECTION 273: [School Act, amends section 95.5] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act.
SECTION 274: [School Act, re-enacts section 95.52] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act and expressly allows a company to restrict the times at which its records may be inspected.
SECTION 275: [School Act, re-enacts section 95.61] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act.
SECTION 276: [School Act, amends section 95.7] provides for the conversion of a company under the School Act to a company under the Business Corporations Act.
SECTION 277: [School Act, re-enacts section 95.72 and enacts section 95.73] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act and requires a board to approve a special resolution by bylaw before voting in favour of that resolution.
SECTION 278: [School Act, re-enacts section 95.8] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act.
SECTION 279: [School Act, re-enacts section 95.81] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act, harmonizes the language of the School Act with the language of the Business Corporations Act and provides that if a board is the member of more than one company, the companies of which it is the member must amalgamate.
SECTION 280: [School Act, re-enacts sections 95.82 and 95.83] updates the cross references to the Company Act in the School Act with cross references to the Business Corporations Act, allows court applications in relation to liquidations to be brought by specified people and provides that a notation in the corporate register respecting a company is conclusive evidence.
SECTION 281: [School Act, amends section 95.9] allows the Lieutenant Governor in Council to make regulations prescribing forms similar to those forms approved by the registrar for the purposes of the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 282: [School Act, enacts section 95.91] applies the transitional provisions of the Business Corporations Act to companies incorporated under the School Act before the coming into force of this section of this Bill.
Securities Act
SECTION 283: [Securities Act, amends section 5 (3)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 284: [Securities Act, amends section 45] provides registration is not required for a trade by a receiver or other authorized person appointed under the Business Corporations Act and harmonizes the language of the Securities Act with the language of the Business Corporations Act.
SECTION 285: [Securities Act, amends section 74 (2) (11) (ii)] harmonizes the language of the Securities Act with the language of the Business Corporations Act.
SECTION 286: [Securities Act, amends section 151 (2) (b) (ii)] provides the commission with the power to require a person to hold securities or other specified property for a receiver or other authorized person appointed under the Business Corporations Act.
Skagit Environmental Enhancement Act
SECTION 287: [Skagit Environmental Enhancement Act, amends section 5 (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Small Business Venture Capital Act
SECTION 288: [Small Business Venture Capital Act, amends section 1 (1)] harmonizes the language of the Small Business Venture Capital Act with the language of the Business Corporations Act.
SECTION 289: [Small Business Venture Capital Act, amends section 2 (2)] harmonizes the language of the Small Business Venture Capital Act with the language of the Business Corporations Act.
SECTION 290: [Small Business Venture Capital Act, amends section 3 (1)] includes as corporations that may be registered under the Small Business Venture Capital Act, companies incorporated under the Business Corporations Act, updates the cross references to the Company Act in the Small Business Venture Capital Act with cross references to the Business Corporations Act and harmonizes the language of the Small Business Venture Capital Act with the language of the Business Corporations Act.
SECTION 291: [Small Business Venture Capital Act, amends section 7 (3)] harmonizes the language of the Small Business Venture Capital Act with the language of the Business Corporations Act.
SECTION 292: [Small Business Venture Capital Act, amends section 23] adopts for the purposes of section 23 of the Small Business Venture Capital Act the capital provisions of the Business Corporations Act.
SECTION 293: [Small Business Venture Capital Act, repeals and replaces section 24 (1) (b)] updates the cross references to the Company Act in the Small Business Venture Capital Act with cross references to the Business Corporations Act.
SECTION 294: [Small Business Venture Capital Act, repeals and replaces section 25 (b) to (g)] adopts for the purposes of section 25 of the Small Business Venture Capital Act the liquidation and amalgamation provisions of the Business Corporations Act.
Social Service Tax Act
SECTION 295: [Social Service Tax Act, amends section 46 (2) (e)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Society Act
SECTION 296: [Society Act, amends section 1] harmonizes the language of the Society Act with the language of the Business Corporations Act and is otherwise consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 297: [Society Act, amends section 3] adopts for the purposes of section 3 of the Society Act the name provisions of the Business Corporations Act.
SECTION 298: [Society Act, amends 20 (2) (a)] adopts for the purposes of section 20 of the Society Act the name provisions of the Business Corporations Act.
SECTION 299: [Society Act, amends 35 (1)] removes cross references to Company Act sections that are replicated in the Society Act under this Bill and otherwise updates the cross references to the Company Act in the Society Act with cross references to the Business Corporations Act.
SECTION 300: [Society Act, enacts sections 35.1 and 35.2] adopts into the Society Act sections 75 and 85 of the Company Act.
SECTION 301: [Society Act, amends section 42 (b)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 302: [Society Act, repeals and replaces section 71 (1)] continues the application of Part 9 the Company Act to societies and extraprovincial societies despite the repeal of the Company Act.
SECTION 303: [Society Act, re-enacts section 74] adopts the conversion provisions of the Business Corporations Act in relation to conversion of societies to companies.
SECTION 304: [Society Act, repeals and replaces section 75 (4)] requires an extraprovincial society to reserve its name before registering under the Society Act.
SECTION 305: [Society Act, amends 95 (2)] reflects the ability of the registrar of companies to designate signing officers.
Strata Property Act
SECTION 306: [Strata Property Act, re-enacts 276 and enacts section 276.1] adopts specified portions of the voluntary winding up provisions of the Business Corporations Act in relation to the winding up of strata corporations and directs that the liquidator of a strata corporation is required to keep custody of the records of a strata corporation for 2 years after the winding up of that corporation.
SECTION 307: [Strata Property Act, amends section 277 (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
SECTION 308: [Strata Property Act, re-enacts section 283] requires that the registrar receive proof of approval of final accounts before an application for dissolution of a strata corporation may be filed.
SECTION 309: [Strata Property Act, amends 291 (1)] provides that the Business Corporations Act does not apply to a strata corporation except to the extent provided in the Strata Property Act.
Tobacco Damages and Health Care Costs Recovery Act
SECTION 310: [Tobacco Damages and Health Care Costs Recovery Act, amends section 1 (3) (a)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Tourism British Columbia Act
SECTION 311: [Tourism British Columbia Act, repeals and replaces section 16 (4) (c)] updates the cross references to the Company Act in the Tourism British Columbia Act with cross references to the Business Corporations Act.
Trade Development Corporation Act
SECTION 312: [Trade Development Corporation Act, amends section 13] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Trade Practices Act
SECTION 313: [Trade Practices Act, amends section 10 (2.6) (d)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
University Foundations Act
SECTION 314: [University Foundations Act, amends section 13] substitutes the new auditor qualification provisions of the Business Corporations Act for the Company Act auditor qualification provisions.
SECTION 315: [University Foundations Act, amends section 15 (1) and (2)] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act.
Victoria Foundation Act
SECTION 316: [Victoria Foundation Act, re-enacts section 26] is consequential to the repeal of the Company Act and its replacement with the Business Corporations Act, and to the repeal of the Company Clauses Act by this Bill.
Waste Management Act
SECTION 317: [Waste Management Act, repeals and replaces section 36 (5) (b) (ii)] harmonizes the language of the Waste Management Act with the language of the Business Corporations Act.
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