2004 Legislative Session: 5th 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

BILL 5 -- 2004

BUDGET MEASURES IMPLEMENTATION ACT, 2004

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

 
Balanced Budget and Ministerial Accountability Act

1 Section 5 of the Balanced Budget and Ministerial Accountability Act, S.B.C. 2001, c. 28, is amended by adding the following subsection:

(1.1) For the purposes of calculating the estimated and actual amounts of operating expenses under subsection (1) for the 2004/2005 fiscal year and each subsequent fiscal year, expenditures out of the BC Timber Sales Account are not to be taken into account.

 
Budget Transparency and Accountability Act

2 Section 1 (1) of the Budget Transparency and Accountability Act, S.B.C. 2000, c. 23, is amended

(a) by repealing the definition of "government reporting entity" and substituting the following:

"government reporting entity" means

(a) the government as reported through the consolidated revenue fund,

(b) government corporations other than those that are government corporations solely by reason of being under an Act agents of the government, and

(c) education and health sector organizations,

and includes

(d) each of the corporations or organizations that, under generally accepted accounting principles, is considered to be controlled by a government organization, and

(e) corporations and organizations that are included within the government reporting entity by regulation under section 24 (2) (d) (i)

but does not include corporations and organizations that are excluded from the government reporting entity by regulation under section 24 (2) (d) (i); , and

(b) by adding the following definition:

"education and health sector organization" means

(a) the following as defined in section 1 of the College and Institute Act:

(i) a university;

(ii) an institution,

(b) the following as defined in section 1 of the School Act:

(i) a board;

(ii) a francophone education authority,

(c) a board as defined in section 1 of the Health Authorities Act,

(d) a hospital as defined in section 1 of the Hospital Act,

and includes

(e) a corporation or organization that, under generally accepted accounting principles, is considered to be controlled by an education and health sector organization, and

(f) a corporation or organization that is included in this definition by regulation under section 24 (2) (d) (ii),

but does not include a corporation or organization that is excluded from this definition by regulation under section 24 (2) (d) (ii); .

3 Section 4 (3) is repealed and the following substituted:

(3) An employee of the government reporting entity, other than an employee of a university as defined in the College and Institute Act, is not eligible for appointment under subsection (2).

4 Section 4.1 is amended

(a) in subsection (1) by striking out "implementation of generally accepted accounting principles" and substituting "application and implementation of generally accepted accounting principles" , and

(b) in subsection (9) by striking out "March 31, 2004" and substituting "March 31, 2006".

5 Section 5 (2) (c) and (d) is repealed and the following substituted:

(c) for the taxpayer-supported government reporting entity, for the fiscal year and for the preceding fiscal year, a forecast of staff utilization, except in relation to the staff of education and health sector organizations;

(d) for government organizations in the taxpayer-supported government reporting entity that are not education and health sector organizations, the forecast of revenues and expenses for each of them whose revenues or expenses are of a material amount in the fiscal year and the preceding fiscal year; .

6 Section 8 is amended by adding the following subsection:

(4) Despite subsections (1) to (3), this section does not apply in respect of commitments that education and health sector organizations, directly or indirectly,

(a) have made, or

(b) anticipate making.

7 Section 9 (2) (c) (ii) is repealed and the following substituted:

(ii) a supplementary schedule that includes staff utilization for that fiscal year, except in relation to the staff of education and health sector organizations; .

8 Section 10 (2) (c) is repealed and the following substituted:

(c) a supplementary schedule that presents a forecast of staff utilization of the taxpayer-supported government reporting entity for the fiscal year to which the quarterly report applies, except in relation to the staff of education and health sector organizations; .

9 Section 13 is amended in each of subsections (1) and (3) by adding "other than an education and health sector organization" after "government organization".

10 The following section is added:

Definition for section 16

15.1 In section 16, "government organization" means a government organization other than an education and health sector organization.

11 Section 24 is amended

(a) by repealing subsection (2) (d) and substituting the following:

(d) on the recommendation of the minister after consultation with the Auditor General,

(i) including within, or excluding from, the government reporting entity

(A) specified corporations and organizations, or

(B) classes of corporations and organizations, or

(ii) including in, or excluding from, the definition of "education and health sector organization" in section 1 (1)

(A) specified corporations and organizations, or

(B) classes of corporations and organizations. , and

(b) by adding the following subsection:

(2.1) If a regulation under subsection (2) (d) conflicts or is inconsistent with the definition in section 1 (1) of "government reporting entity" or of "education and health sector organization", the regulation prevails.

 
Build BC Act

12 Section 1 of the Build BC Act, R.S.B.C. 1996, c. 40, is amended by repealing the definition of "special account".

13 Section 5 (b) and (c) is repealed.

14 Part 3 is repealed.

 
Financial Administration Act

15 Section 23 (3) (c) and (9) (b) of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by striking out "on the approval of the Treasury Board," and substituting "unless otherwise directed by the Treasury Board,".

16 Part 7 is repealed.

 
Medical and Health Care Services Special Account Act

17 The Medical and Health Care Services Special Account Act, R.S.B.C. 1996, c. 284, is repealed.

 
Special Accounts Appropriation and Control Act

18 The Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended by adding the following section:

Provincial Home Acquisition Wind Up special account

9.1 (1) A special account to be known as the "Provincial Home Acquisition Wind Up special account" is established.

(2) The special account established under subsection (1) consists of an initial balance of $15 million.

(3) Despite section 21 (3) of the Financial Administration Act, the Minister of Provincial Revenue may pay out of the special account established under subsection (1) funds for the purpose of

(a) the administration of transactions and contracts entered into under the Home Conversion and Leasehold Loan Act, the Home Mortgage Assistance Program Act, the Home Purchase Assistance Act, the Homeowner Interest Assistance Act and the Provincial Home Acquisition Act before the repeal of those Acts and for other related payments, and

(b) payments necessary or advisable for the wind up of the programs under those Acts.

(4) If the Minister of Provincial Revenue determines that a part of the balance of the special account established under subsection (1) is no longer necessary to carry out the purposes of the special account, the Minister of Provincial Revenue may reduce the balance in the special account by that part.

 
Transitional Provisions

Transitional -- Budget Transparency and Accountability Act

19 (1) The amendments made by sections 2 and 5 to 11 of this Act first apply for the purposes of the 2004/2005 fiscal year.

(2) Despite section 13 of the Budget Transparency and Accountability Act, for the 2004/2005 fiscal year, a ministry service plan to which that section applies need not include the statement referred to in section 13 (4) (f) of that Act or provide for the signature to the statement.

(3) For the 2004/2005 fiscal year, the statement referred to in section 13 (4) (f) of the Budget Transparency and Accountability Act must be made public in accordance with that Act by the responsible minister on or before May 15, 2004.

(4) Despite section 6 (1) (c) of the Balanced Budget and Ministerial Accountability Act, for the 2004/2005 fiscal year, the expected results referred to in section 5 (3) of that Act

(a) need not be made public with the main estimates for that fiscal year, and

(b) must be made public, in accordance with the Budget Transparency and Accountability Act, on or before May 15, 2004.

(5) Despite section 11 of the Budget Transparency and Accountability Act, the minister need not make public a report under section 11 (1) of that Act on the impact of a change in the composition of the government reporting entity occurring only because of

(a) the amendments made to section 1 of the Budget Transparency and Accountability Act by section 2 of this Act, or

(b) the amendments made on February 17, 2004, by regulation under section 24 of the Budget Transparency and Accountability Act, to the Government Reporting Entity Regulation, B.C. Reg. 134/2001.

Transitional -- Home Conversion and Leasehold Loan Act

20 Despite the repeal of the Home Conversion and Leasehold Loan Act, sections 1, 6 and 12 to 15 of that Act and sections 4, 5 and 11 of the Home Conversion and Leasehold Loan Regulation, B.C. Reg. 439/74, as those sections read the day before the coming into force of this section, continue to apply, as if that Act is not repealed, to a loan made and to a written agreement and a conversion or leasehold mortgage entered into under that Act before its repeal.

Transitional -- Home Mortgage Assistance Program Act

21 Despite the repeal of the Home Mortgage Assistance Program Act, sections 1, 5 and 6 of that Act, the Administration Regulation, B.C. Reg. 159/89, and sections 1 and 7 to 9 of the Home Mortgage Assistance Program Regulation, B.C. Reg. 158/89, as those enactments read the day before the coming into force of this section, continue to apply, as if that Act is not repealed, to an agreement entered into and a guarantee given under that Act before its repeal.

Transitional -- Home Purchase Assistance Act

22 Despite the repeal of the Home Purchase Assistance Act, sections 1, 10, 12 and 13 of that Act, as those sections read the day before the coming into force of this section, continue to apply, as if that Act is not repealed, to a loan made and a mortgage entered into under that Act before its repeal.

Transitional -- Homeowner Interest Assistance Act

23 Despite the repeal of the Homeowner Interest Assistance Act, section 5 (6) to (9) and (11) of that Act, and sections 1, 22 (1), 22.1 and 23 and Schedules 1 to 8 of the British Columbia Home Program Regulation, B.C. Reg. 458/82, as those enactments read the day before the coming into force of this section, continue to apply, as if that Act is not repealed, to financial assistance provided under that Act and to an agreement entered into and a mortgage and security interest created under that Act before its repeal.

Transitional -- Interpretation Act

24 Sections 20 to 23 of this Act do not affect the application of section 35 of the Interpretation Act to the repeal of the enactments referred to in section 25.

Repeals

25 The following are repealed on March 31, 2004:

(a) Home Conversion and Leasehold Loan Act, R.S.B.C. 1996, c. 192;

(b) Supplement to the Home Conversion and Leasehold Loan Act;

(c) Home Mortgage Assistance Program Act, R.S.B.C. 1996, c. 193;

(d) Home Purchase Assistance Act, R.S.B.C. 1996, c. 195;

(e) Supplement to the Home Purchase Assistance Act;

(e) Homeowner Interest Assistance Act, R.S.B.C. 1996, c. 196;

(f) Supplement to the Homeowner Interest Assistance Act;

(f) Provincial Home Acquisition Act, S.B.C. 1967, c. 39.

 
Consequential Amendments

 
Manufactured Home Act

26 Section 15 (2) of the Manufactured Home Act, S.B.C. 2003, c. 75, is repealed and the following substituted:

(2) On application, in the form established by the registrar and in the manner set out in the regulations, of

(a) a registered owner of a manufactured home,

(b) a landlord, under an order of possession granted under section 48 or 49 of the Manufactured Home Park Tenancy Act or in the exercise of a right conferred on the landlord under a regulation of that Act respecting disposal of abandoned personal property,

(c) a secured party, or

(d) any other person under an order of a court,

the registrar must, on being satisfied that a certificate or confirmation in electronic format has been issued under section 25 of this Act, issue a transport permit authorizing the manufactured home to be moved to the location, and in accordance with the terms and conditions, set out in the transport permit.

 
Local Government Act

27 Section 12 (5) of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed.

Commencement

28 (1) Sections 1 to 6, 8 to 11 and 19 come into force on February 17, 2004 and are retroactive to the extent necessary to give them effect on and after that date.

(2) Section 7 comes into force on April 1, 2005.

(3) Sections 12 to 14, 16 and 17 come into force on March 31, 2004.

(4) Sections 15, 18, 20 to 24 and 27 come into force on April 1, 2004.

(5) Section 26 comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

 
Balanced Budget and Ministerial Accountability Act

SECTION 1: [Balanced Budget and Ministerial Accountability Act, section 5] provides that, for the 2004/2005 fiscal year and each subsequent fiscal year, expenditures out of the BC Timber Sales Account are not to be taken into account in a calculation of operating expenses for the purposes of section 5 (1) of the Act.

 
Budget Transparency and Accountability Act

SECTION 2: [Budget Transparency and Accountability Act, section 1]

SECTION 3: [Budget Transparency and Accountability Act, section 4] continues the eligibility of a university employee to be a member of the Economic Forecast Council.

SECTION 4: [Budget Transparency and Accountability Act, section 4.1]

SECTION 5: [Budget Transparency and Accountability Act, section 5] provides that the government reporting entity's responsibilities as to the contents of the main estimates do not include, in relation to education and health sector organizations, providing the forecasts referred to in section 5 (2) (c) and (d).

SECTION 6: [Budget Transparency and Accountability Act, section 8] provides that section 8 dealing with major capital project information to be presented with the estimates does not apply in respect of certain commitments, as described, of education and health sector organizations.

SECTION 7: [Budget Transparency and Accountability Act, section 9] provides that section 9 (2) (c) respecting the inclusion in the public accounts, of a supplementary schedule that includes staff utilization is inapplicable in relation to the staff of education and health sector organizations.

SECTION 8: [Budget Transparency and Accountability Act, section 10] provides that section 10 (2) (c) respecting the provision by the taxpayer-supported government reporting entity of a forecast of staff utilization is inapplicable in relation to the staff of education and health sector organizations.

SECTION 9: [Budget Transparency and Accountability Act, section 13] restricts the requirement to publicize annual service plans to each ministry and to each government organization other than an education and health sector organization.

SECTION 10: [Budget Transparency and Accountability Act, section 15.1] narrows the meaning of the expression "government organization", for the purposes of section 16 of the Act relating to annual service plan reports for ministries and government organizations, so that section 16 will not apply to education and health sector organizations.

SECTION 11: [Budget Transparency and Accountability Act, section 24] changes the regulation enabling provisions of the Act

 
Build BC Act

SECTIONS 12 TO 14: [Build BC Act, sections 1 and 5 and Part 3] eliminates the Build BC Special Account.

 
Financial Administration Act

SECTION 15: [Financial Administration Act, section 23] amends the vote recovery provisions to allow ministries to spend excess credits, recoveries and receipts, without seeking approval from Treasury Board unless otherwise directed.

SECTION 16: [Financial Administration Act, Part 7] eliminates the Provincial Treasury Revenue special account.

 
Medical and Health Care Services Special Account Act

SECTION 17: [Medical and Health Care Services Special Account Act, repeals the Act] eliminates the Medical and Health Care Services Special Account.

 
Special Accounts Appropriation and Control Act

SECTION 18: [Special Accounts Appropriation and Control Act, section 9.1] establishes the Provincial Home Acquisition Wind Up special account with an initial balance of $15 million, for the purpose of making expenditures for the winding up of the loan and financial assistance programs under the Home Conversion and Leasehold Loan Act, the Home Mortgage Assistance Program Act, the Home Purchase Assistance Act, the Homeowner Interest Assistance Act and the Provincial Home Acquisition Act, which are being repealed.

SECTION 19: [Transitional -- Budget Transparency and Accountability Act] provides for transition.

SECTIONS 20 TO 23: [Transitional -- Home Conversion and Leasehold Loan Act, Home Mortgage Assistance Program Act, Home Purchase Assistance Act, Homeowner Interest Assistance Act, Provincial Home Acquisition Act] retains certain provisions in some of the Acts being repealed and some of the regulations under those Acts, as there is continuing administration and collection with respect to prior loans and financial assistance provided under these Acts.

SECTION 24: [Transitional -- Interpretation Act] clarifies that sections 20 to 23 of this Bill do not affect the application of section 35 of the Interpretation Act.

SECTION 25: [Home Conversion and Leasehold Loan Act, Home Mortgage Assistance Program Act, Home Purchase Assistance Act, Homeowner Interest Assistance Act, Provincial Home Acquisition Act, repeals Acts and Supplements] repeals 5 Acts and 3 Supplements, as none of the programs under these Acts is operating except with respect to prior loans and financial assistance provided.

 
Manufactured Home Act

SECTION 26: [Manufactured Home Act, section 15] is consequential to the repeal of the Home Purchase Assistance Act and the Home Mortgage Assistance Program Act.

Local Government Act

SECTION 27: [Local Government Act, section 12] is consequential to the repeal of the Home Purchase Assistance Act.


[ Return to: Legislative Assembly Home Page ]

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada