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 RICHARD NEUFELD
MINISTER OF ENERGY AND MINES

BILL 79 -- 2003

COLUMBIA BASIN TRUST AMENDMENT ACT, 2003

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

1 Section 1 of the Columbia Basin Trust Act, R.S.B.C. 1996, c. 53, is amended

(a) in the definition of "corporation" by striking out ", except in sections 16 and 17 (a),",

(b) in paragraph (b) of the definition of "region" by adding "and includes all those lands lying within the municipal boundaries of the Village of Valemount," after "commencement,", and

(c) by adding the following definitions:

"nominating bodies" means

(a) the regional districts referred to in section 5 (1), and

(b) the tribal council;

"qualified individual" means an individual who is resident in the region; .

2 Sections 5 to 8 are repealed and the following substituted:

Directors

5 (1) The Lieutenant Governor in Council is to appoint, as the board of directors of the corporation, 12 qualified individuals of whom

(a) one is to be appointed from the nominees provided under section 6 by the board of the Regional District of Central Kootenay,

(b) one is to be appointed from the nominees provided under section 6 by the board of the Fraser-Fort George Regional District,

(c) one is to be appointed from the nominees provided under section 6 by the board of the Columbia Shuswap Regional District,

(d) one is to be appointed from the nominees provided under section 6 by the board of the Kootenay Boundary Regional District,

(e) one is to be appointed from the nominees provided under section 6 by the board of the East Kootenay Regional District, and

(f) one is to be appointed from the nominees provided under section 6 by the tribal council.

(2) Despite subsection (1), the Lieutenant Governor in Council may decline to appoint any of the nominees provided by a nominating body and, in that event,

(a) the minister must notify the nominating body of the Lieutenant Governor in Council's decision, and

(b) the nominating body is, within 60 days after that notification, to provide to the Lieutenant Governor in Council a list of at least 2 and not more than 4 nominees who are qualified individuals.

(3) If a nominating body does not comply with subsection (2) (b), or if the Lieutenant Governor in Council declines to appoint any of the nominees provided by the nominating body under that subsection, the Lieutenant Governor in Council is to appoint a qualified individual as director, and that director is deemed to be appointed from nominees of that nominating body provided under section 6.

(4) No act or proceeding of the directors is invalid merely because the composition of the board does not accord with subsection (1).

Appointment of directors

6 (1) Each of the nominating bodies is, at least 60 days before the expiry of the term of office of the director appointed from its nominees, to provide to the Lieutenant Governor in Council a list of at least 2 and not more than 4 nominees who are qualified individuals.

(2) A nominating body may nominate an existing director for successive terms of office.

(3) If a nominating body does not comply with subsection (1), the Lieutenant Governor in Council is to appoint a qualified individual to hold office as director after the expiry of the term of office of the director appointed from the nominees of that nominating body, and the director appointed by the Lieutenant Governor in Council under this subsection is deemed to be appointed from nominees provided by that nominating body under this section.

Removal of directors

7 The Lieutenant Governor in Council may remove any director after receiving a written request to do so from

(a) the minister, or

(b) the board of directors.

Replacement of directors

8 (1) If a director who was appointed from the nominees of a nominating body dies, resigns or is removed, the nominating body must, within 60 days, provide to the Lieutenant Governor in Council a list of at least 2 and not more than 4 nominees who are qualified individuals and the Lieutenant Governor in Council is to appoint as the replacement director, one of the nominees from the submitted list.

(2) Despite subsection (1), the Lieutenant Governor in Council may decline to appoint any of the nominees provided by a nominating body and, in that event,

(a) the minister must notify the nominating body of the Lieutenant Governor in Council's decision, and

(b) the nominating body is, within 60 days after that notification, to provide to the Lieutenant Governor in Council a list of at least 2 and not more than 4 nominees who are qualified individuals.

(3) If a nominating body does not comply with subsection (1) or (2) (b), as the case may be, or if the Lieutenant Governor in Council declines to appoint any of the nominees provided by the nominating body under subsection (1) or (2) (b), as the case may be, the Lieutenant Governor in Council is to appoint a qualified individual as the replacement director, and that director is deemed to be appointed from nominees of that nominating body provided under section 6.

(4) Subject to section 8.1, a replacement director appointed under this section holds office until the end of the term of office of the replaced director.

Term of office of directors

8.1 A director appointed by the Lieutenant Governor in Council under this Act is appointed for the term of office and on the terms and conditions the Lieutenant Governor in Council considers appropriate, and the Lieutenant Governor in Council may select a different term of office and different terms and conditions for each director appointed under this Act.

3 Section 11 is repealed and the following substituted:

Directors' remuneration

11 The corporation may pay to a director remuneration in accordance with directives of Treasury Board.

4 Section 13 is repealed.

5 Section 15 (2) to (11) is repealed and the following substituted:

(2) Subject to subsection (3), the directors may amend the plan from time to time.

(3) Before effecting any major amendments to the plan, the directors must solicit input on the proposed amendments from residents of the region in the manner and to the extent the directors consider appropriate.

6 Part 3 is repealed.

7 Section 26 is amended

(a) by repealing subsections (2) to (4),

(b) by renumbering section 26 (1) as section 26, and

(c) by striking out "Minister of Finance and Corporate Relations" and substituting "Minister of Finance".

8 Section 28 is repealed.

9 Section 31 is amended

(a) in subsection (2) by striking out "after consultation with" and substituting "with the agreement of", and

(b) in subsection (3) by striking out "of both the corporation or a subsidiary of the corporation and Columbia Power Corporation or a subsidiary of Columbia Power Corporation," and substituting "of, or is owned in whole or in part by, the corporation or a subsidiary of the corporation,".

Transitional

10 (1) In this section:

"Amendment Act" means the Columbia Basin Trust Amendment Act, 2003;

"corporation" has the same meaning as in the Columbia Basin Trust Act;

"nominating body" has the same meaning as in the Columbia Basin Trust Act as amended by this Amendment Act.

(2) After the coming into force of section 2 of this Amendment Act, the Lieutenant Governor in Council may, from each pair of directors of the corporation appointed under a paragraph of section 5 of the Columbia Basin Trust Act as it read before the coming into force of section 2 of this Amendment Act, designate one of those individuals as a director of the corporation.

(3) On a designation made under subsection (2) of this section,

(a) the designated individual is deemed to be appointed as a director of the corporation

(i) in accordance with section 5 (1) of the Columbia Basin Trust Act as enacted by section 2 of this Amendment Act, and

(ii) from nominees provided to the Lieutenant Governor in Council, under section 6 of the Columbia Basin Trust Act as enacted by section 2 of this Amendment Act, by the nominating body by which that individual was appointed as a director, and

(b) the term of office of the other individual who was appointed as a director of the corporation by that nominating body is deemed to expire.

(4) An individual designated by the Lieutenant Governor in Council under this section is appointed as a director of the corporation for the term of office and on the terms and conditions the Lieutenant Governor in Council considers appropriate, and the Lieutenant Governor in Council may select a different term of office and different terms and conditions for each individual designated under this section.

(5) An individual whose term of office as a director expires under subsection (3) (b) is not entitled to recover from the corporation or the government any damages or other compensation as a result of that expiry.

Commencement

11 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Columbia Basin Trust Act, amends section 1] harmonizes the definition of "corporation" with the repeal of Part 3 by this Bill, adds Valemount to the region to which the Act applies and adds new definitions of "nominating bodies" and "qualified individual".

SECTION 2: [Columbia Basin Trust Act, re-enacts sections 5 to 8 and adds section 8.1]

SECTION 3: [Columbia Basin Trust Act, re-enacts section 11] links the remuneration of directors of the trust to directives of Treasury Board.

SECTION 4: [Columbia Basin Trust Act, repeals section 13] removes the obligation to appoint one or more advisory committees.

SECTION 5: [Columbia Basin Trust Act, amends section 15] removes reference to short term plans and allows amendment to the long term plan while requiring input from the region to which the Act applies to be solicited before any major amendments are made to that long term plan.

SECTION 6: [Columbia Basin Trust Act, repeals Part 3] removes provisions relating to conflict of interest for directors.

SECTION 7: [Columbia Basin Trust Act, amends section 26] removes provisions relating to the submission and inspection of the trust's financial records, and the examination of the financial and accounting operations of the trust.

SECTION 8: [Columbia Basin Trust Act, repeals section 28] removes the requirements for an annual report and financial statement for the trust to be prepared and laid before the Legislative Assembly.

SECTION 9: [Columbia Basin Trust Act, amends section 31] requires the Lieutenant Governor in Council to obtain the consent of the trust before prescribing changes to the area included within the region to which the Act applies and removes reference to Columbia Power Corporation and its subsidiaries in relation to facilities for which tax exemptions may be given.

SECTION 10: [Transitional] provides for the continuation of some of the current directors of the trust and the removal of the remainder.


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