Bill 43 — 2008: Miscellaneous Statutes Amendment Act (No. 2), 2008

HONOURABLE WALLY OPPAL
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR MULTICULTURALISM

BILL 43 — 2008

MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 2), 2008

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

1 Section 47 (c) of the Attorney General Statutes Amendment Act, 2007, S.B.C. 2007, c. 14, as it enacts section 26 (1) (g) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(g) is refused a driver's licence in another province for failure to pay maintenance, support or alimony in that province.

2 Section 1.1 (a) of the Builders Lien Act, S.B.C. 1997, c. 45, is amended by adding "the Transportation Investment Corporation," after "Minister of Transportation,".

3 Section 119 of the Community Charter, S.B.C. 2003, c. 26, is amended by adding the following subsection:

(1.1) Subject to subsections (3) and (4), the term of office for a council member appointed to office ends immediately before the first council meeting date referred to in section 125 (1) that follows the next general local election.

4 Section 279 is amended by striking out "the Lieutenant Governor in Council may not issue letters patent incorporating the new municipality" and substituting "letters patent incorporating the new municipality may not be issued".

5 The Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by adding the following section:

Reservists' leave

"Canadian Forces" has the same meaning as in section 14 of the National Defence Act (Canada);

"reservist" means a member of the reserve force, as defined in section 2 (1) of the National Defence Act (Canada).

(2) Subject to the regulations, an employee who is a reservist and who requests leave under this section is entitled to unpaid leave, for the period described in subsection (3), if

(a) the employee is deployed to a Canadian Forces operation outside Canada or is engaged, either inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation,

(b) the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath, or

(3) An employee who is a reservist is entitled to take leave under this section for the prescribed period or, if no period is prescribed, for as long as subsection (2) (a), (b) or (c) applies to the employee.

(i) unless subparagraph (ii) or (iii) applies, at least 4 weeks before the employee proposes to begin leave,

(ii) in the case of leave under subsection (2) (a) or (b), if the employee receives notice of the deployment less than 4 weeks before it will begin, as soon as practicable after the employee receives the notice, or

(iii) in the case of leave under subsection (2) (c), within the prescribed period, and

(5) If circumstances require leave to be taken beyond the date specified in the request under subsection (4) (c), the employee must

(a) notify the employer of the need for the extended leave and of the date the employee now proposes to return to work, and

(i) unless subparagraph (ii) or (iii) applies, at least 4 weeks before the date the employee had proposed, in the request under subsection (4), to return to work,

(ii) in the case of leave under subsection (2) (a) or (b), if the employee receives notice of the extended deployment less than 4 weeks before the date referred to in subparagraph (i), as soon as practicable after the employee receives the notice, or

(iii) in the case of a leave under subsection (2) (c), within the prescribed period.

(6) If an employee who is a reservist proposes to return to work earlier than specified in the request submitted under subsection (4) or the notice provided under subsection (5), if applicable, the employee must notify the employer of this proposal at least one week before the date the employee proposes to return to work.

(7) An employer may require an employee who takes leave under this section to provide further information respecting the leave.

(8) If an employer requires an employee to provide further information under subsection (7), the employee must

(b) if no information is prescribed, provide information reasonable in the circumstances to explain why subsection (2) (a), (b) or (c) applies to the employee and provide it within a reasonable time after the employee learns of the requirement under subsection (7).

(i) restricting the number of leaves within a specified period of time to which an employee who is a reservist is entitled,

(ii) prescribing circumstances for the purposes of subsection (2) (c) of that section and periods of time for the purposes of subsections (3), (4) (b) (iii) and (5) (b) (iii) of that section, and

(iii) respecting information to be provided for the purposes of subsection (8) of that section.

8 Section 31 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by striking out "or supplementary letters patent".

9 Section 13 (c) of the Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36, as it amends section 2 of the Assessment Act is repealed and the following substituted:

(c) in paragraph (b) by striking out "in the municipality" and substituting "in the municipality or treaty lands".

11 Section 90 as it enacts section 6.1 of the Home Owner Grant Act is amended by striking out "low income grant supplement" and substituting "low-income grant supplement".

(3) If the registrar receives notice under section 28 (4) or (5) of this Schedule indicating that section 28 (1) of this Schedule no longer applies in relation to a parcel referred to in subsection (1) of this section, the registrar must cancel the notation under subsection (1) (c) of this section in relation to the parcel. ,

Approving officer approval not required

25.1 (1) For the purpose of registering the indefeasible title to treaty lands under section 25,

(a) sections 83 and 91 of the Act do not apply in relation to subdivision or reference plans that include those treaty lands and are required for that registration, and

(b) a plan referred to in paragraph (a) must be certified by the minister charged with the administration of the Treaty Commission Act as a plan to which this section applies. ,

(c) in section 28 (1) of Schedule 1 by striking out everything after paragraph (a) and substituting the following:

(i) has received a notice under subsection (4) of the enactment of such a law and, according to the notice, that law is in force, and

(ii) has not received notice under subsection (5) of the repeal of that law or the repeal of that law, according to a notice under that subsection, is not in force

the registrar must not register the indefeasible title to a parcel of the treaty lands to which that law applies in a name other than the treaty first nation unless the application is accompanied by a certificate of the treaty first nation certifying that

(d) the person named in the certificate as transferee of the parcel is a permitted transferee under those laws. ,

(4) On or before the effective date of a law described in subsection (1) (a), or an amendment to the law changing the treaty lands to which it applies, the treaty first nation must give written notice to the registrar of the law or its amendment, setting out

(a) a legal description of the parcels of treaty lands to which the law applies sufficient for the registrar to identify those lands in the records,

(b) a legal description of the parcels of treaty lands to which the law no longer applies sufficient for the registrar to identify those lands in the records, and

(5) If a treaty first nation has given notice under subsection (4), on or before the effective date of the repeal of the entirety of a law of the treaty first nation enacted under the authority referred to subsection (1) (a), the treaty first nation must give written notice to the registrar of the repeal setting out

(a) a legal description of the parcels of treaty lands to which the repeal applies sufficient for the registrar to identify those parcels in the records, and

Definition

32 In this Part, "treaty first nation fee simple lands" means lands that on the effective date of a treaty first nation's final agreement

(a) will be owned in fee simple by the treaty first nation in accordance with the final agreement, and

Approving officer approval not required

33 For the purpose of registering the indefeasible title to treaty first nation fee simple lands in the name of the treaty first nation on the effective date of the treaty first nation's final agreement,

(a) sections 83 and 91 of the Act do not apply in relation to subdivision or reference plans that include those treaty first nation fee simple lands and are required for that registration, and

(b) a plan referred to in paragraph (a) must be certified by the minister charged with the administration of the Treaty Commission Act as a plan to which this section applies.

14 The following section is added in numerical order under the Motor Vehicle Act heading:

132.1 Section 169.1 (4) (b) is amended by striking out "operated by or on behalf of a person or municipality" and substituting "operated by or on behalf of a person, municipality or treaty first nation".

15 Section 155 as it enacts section 2.2 (1) (a) of the Property Transfer Tax Act is amended by striking out "under the chapter of the final agreement that sets out" and substituting "under the chapter of the treaty first nation's final agreement that sets out".

16 Section 163 as it enacts section 82.11 (1) (a) of the Social Service Tax Act is amended by striking out "under the chapter of the final agreement that sets out" and substituting "under the chapter of the treaty first nation's final agreement that sets out".

164.1 Section 208 of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out "who is a mayor of a municipality in the transportation service region." and substituting "who is a mayor of a municipality in the transportation service region or the head of a treaty first nation whose treaty lands are in the transportation service region."

164.2 Section 210 (3) is amended by striking out "If a mayor is unable to attend a meeting of the mayors' council on regional transportation, the mayor may appoint, as a delegate, a member of his or her municipal council to attend and act on that mayor's behalf at that meeting," and substituting "If a member is unable to attend a meeting of the mayors' council on regional transportation, the member may appoint, as a delegate, a member of his or her municipal council or, in the case of a treaty first nation, a member of the governing body of the treaty first nation, to attend and act on his or her behalf at that meeting,".

(2) Subject to section 177 (2), 179 (3) or 217 (2), each member of the mayors' council on regional transportation has, in relation to any issue that is voted on by the mayors' council on regional transportation, the right to cast one vote for every 20 000, or portion of that number, of the population, as applicable, of

(b) the treaty lands of the treaty first nation of which the member is the head,

as that population is determined in the most recently available Census of Canada.

164.4 Section 212 (1) is amended by striking out "provided to any mayor who is a member" and substituting "provided to any member".

164.5 Section 212 (2) is amended by striking out "A mayor who receives a record under subsection (1) must promptly provide a copy of it to every other mayor who is a member" and substituting "A member who receives a record under subsection (1) must promptly provide a copy of it to every other member".

18 Section 17 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended

(a) in subsections (1) (c) and (2) by striking out "grant administrator" wherever it appears and substituting "minister",

20 Section 27 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed and the following substituted:

Accident report

27 A person receiving an accident report under section 67.1 of the Motor Vehicle Act or a police officer who makes an accident report under section 249 of that Act must, as soon as reasonably practicable after a request for it by the corporation, mail or deliver a copy to the corporation.

21 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended in the definition of "justice" by adding "a judicial justice or" before "a judge of the Provincial Court;".

22 Section 9 of the Judicial Compensation Act, S.B.C. 2003, c. 59, is amended

(b) in subsection (1) by striking out "A judicial justice" and substituting "A full time judicial justice", and

(2) A part time judicial justice must be paid, out of the consolidated revenue fund, a per diem rate

(a) recommended by a report laid before the Legislative Assembly under section 6 (1), or

(b) if a resolution is passed by the Legislative Assembly under section 6 (2), set by the resolution.

23 Section 11 is amended by adding "full time" before "judicial justices."

24 Section 12 is amended by adding "full time" before "judicial justice" wherever it appears.

25 Section 13 is amended by striking out "A judge or judicial justice" and substituting "A judge or full time judicial justice" and by striking out "judges or judicial justices" and substituting "judges or full time judicial justices".

26 Section 15 is amended by adding "full time" before "judicial" wherever it appears.

"actuary" means an actuary retained by the board in accordance with the Public Service Pension Plan Joint Trust Agreement;

"board" has the same meaning as "public service board" in section 1 (1) of the Public Sector Pension Plans Act; .

(a) must, based on the recommendations of an actuary, determine the total amount of the contributions required to fund the pension benefits provided under this Act, and

(b) may change the amount determined under paragraph (a) if the board receives a recommendation by an actuary that a change in the amount is required to fund the pension benefits provided under this Act.

(1.1) The total amount of the contributions required to fund the pension benefits provided under this Act, as determined under subsection (1), must be paid as follows:

(a) the government must deduct 8.38%, or, if subsection (6) applies, the percentage determined under subsection (6) (a) (i), from each payment of salary made to an active member and pay that amount to the pension fund, as a contribution from the member, and

(b) each time the government deducts and pays an active member's contributions in accordance with paragraph (a), the government must pay to the pension fund, as a contribution from the government, 26.55%, or, if subsection (6) applies, the percentage determined under subsection (6) (a) (ii), of the active member's salary. ,

(b) in subsection (2) by striking out "subsection (1) (a)." and substituting "subsection (1.2) (a) or (6) (a) (i), as applicable.",

(c) in subsection (3) by striking out "subsection (1) (a)," and substituting "subsection (1.2) (a) or (6) (a) (i)," and by striking out "subsection (1) (b) or (6)." and substituting "subsection (1.2) (b) or (6) (a) (ii), as applicable.", and

(6) If the board changes the total amount of the contributions required to fund the pension benefits provided under this Act under subsection (1) (b), the board must,

(i) determine the percentage amount the government must, under subsection (1.2) (a), deduct from each payment of salary made to an active member and pay to the pension fund, and

(ii) determine the percentage amount the government must, under subsection (1.2) (b), contribute to the pension fund, and

(b) ensure the percentage amounts determined under paragraph (a) (i) and (ii) are consistent with subsection (1.1).

30 Section 27 is amended by striking out "before this section comes into force," and substituting "before October 23, 2003," and by striking out "and judicial justices".

31 Section 28 is amended by striking out "before this section came into force." and substituting "before October 23, 2003."

32 The Legal Profession Act, S.B.C. 1998, c. 9, is amended by adding the following section:

Application

1.1 This Act does not apply to a person who is both a lawyer and a part time judicial justice, as that term is defined in section 1 of the Provincial Court Act, in the person's capacity as a part time judicial justice under that Act.

Written notification to chief judge

26.1 If an investigation is conducted in accordance with the rules established under section 26 (2) of this Act respecting a lawyer or former lawyer who is also a "part time judicial justice", as that term is defined in section 1 of the Provincial Court Act, the society must, as soon as practicable, provide a written notification to the chief judge designated under section 10 of the Provincial Court Act that includes the following information:

(b) confirmation that an investigation is being conducted with respect to that lawyer or former lawyer.

34 Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

"chief election officer" means the election official appointed under section 41 (1) or under letters patent;

"election official" means a person appointed under section 41 and a chief election officer and deputy chief election officer appointed under letters patent;

"general voting day" means the day referred to in section 36 (2) or set under section 12.2 (1) (a), 37 (5), 38 (1) or (3), 142 (5), 162 (1) or 167 (5) (b); , and

Application of Escheat Act

6.9 Section 4 of the Escheat Act does not apply to land in British Columbia transferred under this Act on dissolution of a municipality, development district, water users' community, improvement district or regional district.

36 Section 7 (3) is amended by striking out "or improvement district" in both places and by striking out "repealing" and substituting "revoking, by order,".

38 Section 12 (2) is amended by striking out "The Lieutenant Governor in Council must not issue letters patent under this section" and substituting "Letters patent under this section may not be issued".

What must be included in letters patent

12.1 Letters patent incorporating a municipality must specify the municipality's name, boundaries, area and class.

First election for municipality

12.2 (1) Letters patent incorporating a municipality may do one or more of the following:

(a) set the general voting day for the first election or authorize a person to do this;

(b) appoint the chief election officer and deputy chief election officer for the first election or authorize a person or body to do this;

(c) apply to the first election for the municipality all or part of one or more of the following bylaws of another local government:

(iii) a bylaw under section 8 (4) [fundamental powers — signs and advertising] of the Community Charter;

(d) make, to a bylaw applied under paragraph (c), any modifications the Lieutenant Governor in Council considers necessary or advisable in order to apply the bylaw to the first election for the municipality.

(3) If the general voting day set under subsection (1) (a) is before the date the municipality is incorporated, Part 3 [Electors and Elections] applies, subject to the letters patent, as if the municipality were incorporated.

First council and neighbourhood constituencies

12.3 (1) Letters patent incorporating a municipality may do one or more of the following:

(a) set the terms of office for first council members, if these are to be different from the terms otherwise established by the Community Charter;

(b) appoint or provide for the appointment of an interim council, which must consist of a mayor and an even number of councillors;

(c) if the letters patent appoint or provide for the appointment of an interim council, despite section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies], provide that all or some of the councillors be appointed on a neighbourhood constituency basis until the next general local election;

(d) despite section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies], provide that all or some of the councillors be elected on a neighbourhood constituency basis until the general local election specified in the letters patent;

(e) for the purposes of paragraph (c) or (d), establish the areas that are to be neighbourhood constituencies for the municipality;

(f) for the purposes of paragraph (d), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

(2) Section 118 (3) [size of council] of the Community Charter does not apply to an interim council.

First regular council meeting

12.4 (1) Letters patent incorporating a municipality may do one or more of the following:

(a) despite section 125 (1) [council meetings] of the Community Charter, set the date for the first regular council meeting and authorize a person to set the time and place for that meeting;

(b) require the council to adopt a procedure bylaw at the first regular council meeting;

(d) if a requirement is imposed under paragraph (c), require a person to prepare a proposed financial plan for the first regular council meeting;

(e) if a requirement is imposed under paragraph (c), establish, for the financial plan to be adopted at the first regular council meeting, a planning period that is different than the planning period established by section 165 (3) of the Community Charter;

(f) if a requirement is imposed under paragraph (c), provide that section 166 [public process for development of financial plan] of the Community Charter does not apply in respect of the proposed financial plan that the council must adopt at the first regular council meeting.

(2) Section 135 (3) [requirements for passing bylaws] of the Community Charter does not apply to a procedure bylaw or a bylaw adopting a financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

(3) Section 165 (3.1) [objectives and policies set out in financial plan] of the Community Charter does not apply to the financial plan that the council is required to adopt at the first regular council meeting following the incorporation of the municipality.

Transfer of assets and obligations and continuation of bylaws

"dissolved municipality" means a municipality dissolved on the incorporation of a new municipality;

"new municipality" means the municipality incorporated by the letters patent referred to in subsection (2).

(2) Letters patent incorporating a municipality may do one or more of the following:

(a) transfer to and vest in the new municipality any of the dissolved municipality's rights, property and assets;

(b) transfer to and declare as assumed by the new municipality any of the dissolved municipality's obligations;

(c) continue in force any bylaws or resolutions of the dissolved municipality as bylaws or resolutions of the new municipality applicable to the area of the new municipality to which they applied as bylaws or resolutions of the dissolved municipality until those bylaws or resolutions are amended or repealed by the council of the new municipality;

(d) require the council of the new municipality to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

(e) deem a reference to the dissolved municipality in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the new municipality.

(b) in subsection (3) by striking out "In addition to the matters referred to in subsections (1) and (2), letters patent" and substituting "Letters patent",

(c) in subsection (3.1) by striking out "In addition to the matters referred to in subsections (1) and (2), the letters patent" and substituting "Letters patent",

(d) transfer to and vest in the island municipality any rights, property or assets of the local trust committee or trust council;

(e) transfer to and declare as assumed by the island municipality any obligations of the local trust committee or trust council;

(f) continue in force any bylaws or resolutions of the trust council as bylaws or resolutions of the island municipality applicable to the area of the island municipality to which they applied as bylaws or resolutions of the trust council until those bylaws or resolutions are amended or repealed by the council of the island municipality;

(g) continue in force any resolutions of the local trust committee as resolutions of the island municipality applicable to the area of the island municipality to which they applied as resolutions of the local trust committee until those resolutions are amended or repealed by the council of the island municipality;

(h) require the council of the island municipality to amend or repeal by a specified date a bylaw continued under section 24 (2) or paragraph (f) of this subsection or a resolution continued under paragraph (f) or (g) of this subsection;

(i) deem a reference to the local trust committee or trust council in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the island municipality. ,

(e) in subsection (5) by striking out "When issuing letters patent," and substituting "In letters patent,", and

Interim corporate officer

13.1 (1) If letters patent incorporating a municipality are issued, the minister may appoint a person as the interim corporate officer of the municipality.

(2) An interim corporate officer's term ends when a corporate officer is appointed for the municipality.

(3) Words in an enactment, other than this section, referring to a corporate officer, by name or otherwise, also apply to an interim corporate officer.

Appointment of additional councillors if boundary extended

13.2 (1) Letters patent extending the area of a municipality may do one or more of the following:

(a) provide for the election or appointment of an even number of additional councillors for the municipality until the general local election specified in the letters patent;

(b) despite section 36.1 (1) to (4) [bylaw providing for neighbourhood constituencies], provide that the additional councillors be elected or appointed on a neighbourhood constituency basis until the general local election specified in the letters patent;

(c) for the purposes of paragraph (b), establish the areas that are to be neighbourhood constituencies for the municipality until the general local election specified in the letters patent;

(d) for the purposes of paragraph (b), make provisions the Lieutenant Governor in Council considers appropriate for an election on the basis of neighbourhood constituencies for the municipality.

(2) If letters patent under this section are issued for a municipality, section 118 (3) [size of council] of the Community Charter ceases to apply in relation to the council until January 1 in the year of the general local election specified in the letters patent.

Tax rate limits

14 (1) Letters patent incorporating a municipality or extending the area of a municipality may do the following:

(i) in the case of an incorporation of a municipality, all or part of the municipality, or

(ii) in the case of an extension of the area of a municipality, all or part of the area that forms the extension of the municipality;

(b) establish a limit on the tax rate under section 197 (1) (a) [municipal property taxes] of the Community Charter that may be established for a property class by an annual property tax bylaw and imposed on land and improvements in the area designated under paragraph (a) of this subsection.

(2) A tax rate limit established under subsection (1) (b) may be established by doing one or more of the following:

(c) establishing formulas for calculating the limit referred to in paragraph (a) of this subsection or the limit on the relationship referred to in paragraph (b) of this subsection;

(d) adopting as the tax rate limit a tax rate set by another authority having taxing powers in respect of land or land and improvements.

(3) Different tax rate limits may be established under subsection (1) (b) for different taxation years.

(4) Section 197 (3) [establishment of tax rates] of the Community Charter does not apply in relation to the tax rate

(a) applicable to an area designated under subsection (1) (a) of this section, and

(b) established for a property class in accordance with a limit established under subsection (1) (b).

(5) If there is a conflict between a tax rate limit established under subsection (1) (b) and a regulation under section 199 [property tax rates regulations] of the Community Charter, the regulation prevails.

(6) If a tax rate limit is established under subsection (1) (b) for property class 1 or 6, the Lieutenant Governor in Council must, by letters patent, specify the time period during which the tax rate limit applies.

(7) The time period specified under subsection (6) may not be more than 20 taxation years.

Municipal revenue sharing

14.1 Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

(b) require the municipality to share revenue with another municipality or with a regional district

(ii) from a designated revenue source and from the designated property or designated area;

(c) establish ratios or formulas for calculating the amount of revenue to be shared or designate the amount of revenue to be shared;

Establishment of local area service

14.2 (1) Letters patent incorporating a municipality or extending the area of a municipality may provide for the establishment of a local area service by

(2) In addition, letters patent under subsection (1) may do one or both of the following:

(i) establish a reserve fund for a specified purpose for the local area service, and

(ii) credit an amount of money to the reserve fund in respect of money transferred to the municipality from a reserve fund of a regional district, improvement district or another municipality established for a similar purpose;

(3) If letters patent provide for the establishment of a local area service, the council of the municipality must adopt a bylaw to establish the local area service.

(a) subject to subsection (5), meet the requirements of Division 5 [Local Service Taxes] of Part 7 of the Community Charter, and

(5) Sections 210 (2) [services that may be provided as local area services] and 211 (1) [requirement to adopt local area service bylaw] of the Community Charter do not apply to the initial adoption of a bylaw under subsection (3) of this section.

(6) A bylaw under subsection (3) must be adopted on or before the date specified under subsection (2) (b) or, if no date is specified, within a reasonable period after the letters patent come into effect.

(7) If no date is specified under subsection (2) (b), the Lieutenant Governor in Council may, by order, specify a date and, if this is done, a bylaw under subsection (3) must be adopted on or before the date specified.

Advisory body

14.3 Letters patent incorporating a municipality or extending the area of a municipality may do one or more of the following:

(d) provide for the composition of and the manner of appointing members to the advisory body;

Additional powers

14.4 (1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent, do one or more of the following in relation to the incorporation of a municipality or the extension or reduction of the area of a municipality:

(c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(d) in respect of a provision included in the letters patent under paragraphs (a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(2) Despite this or any other Act, letters patent of a municipality or an order of the Lieutenant Governor in Council under this Part may establish any terms and conditions the Lieutenant Governor in Council considers appropriate in respect of any matter related to the letters patent or order.

(3) As restrictions, in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

(b) eliminate a requirement for obtaining the assent of the electors, unless that requirement is modified by replacing it with a requirement for obtaining the approval of the electors by alternative approval process.

44 Section 15 (1) is amended by striking out "by the Lieutenant Governor in Council".

(1) On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality in accordance with section 17 (1) [classification of municipalities]. ,

(b) the council must give public notice of the proposed extension once in the Gazette, and

(2) Despite subsection (1) but subject to section 782 (4.1) and letters patent, if a municipality is incorporated or the area of a municipality is extended, a provision of a bylaw

that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council.

(a) in subsection (1) by striking out "by order published in the Gazette, set aside" and substituting "by order, revoke" and by striking out "and disincorporate the municipality",

(b) in subsection (2) by striking out "A municipality must not be disincorporated" and substituting "The Lieutenant Governor in Council may not exercise the power under subsection (1)",

(c) all taxes imposed by the municipality that remain unpaid are taxes imposed under the Taxation (Rural Area) Act as of the date of the imposition. , and

(d) in subsection (4) by striking out "is disincorporated" and substituting "is dissolved under this section", by striking out "disincorporation" and substituting "dissolution" and by striking out "disincorporated municipality" and substituting "dissolved municipality".

(a) by striking out "If letters patent are surrendered or revoked and others issued under this Act," and substituting "If letters patent that incorporate a municipality are revoked and others issued,",

(b) in paragraph (a) by striking out "surrender," and by striking out "surrendered or" in both places, and

52 Section 32 (1) (a) (i) to (iii) is repealed and the following substituted:

53 Section 33 is amended by repealing the definitions of "chief election officer", "election official" and "general voting day".

54 Section 41 (6) is amended by striking out "a person appointed under this section as deputy or alternate" and substituting "a person appointed as deputy chief election officer or appointed under this section as alternate".

55 Section 287 (1) (m) is amended by striking out "within the meaning of Part 3".

(3) If it appears to the Lieutenant Governor in Council that an improvement district will undertake the functions of an existing development district or a water users' community, the Lieutenant Governor in Council may dissolve the development district or water users' community.

(4.1) The Lieutenant Governor in Council may do one or more of the following, effective on the dissolution of a development district or water users' community under subsection (3):

(a) transfer to and vest in an improvement district any of the rights, property and assets of the development district or water users' community;

(b) transfer to and declare as assumed by an improvement district any of the obligations of the development district or water users' community;

(c) continue in force any bylaws or resolutions of the development district or water users' community as bylaws or resolutions of an improvement district applicable to the area of the improvement district to which they applied as bylaws or resolutions of the development district or water users' community until those bylaws or resolutions are amended or repealed by the board of trustees of the improvement district;

(d) require the board of trustees of the improvement district to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

(e) deem a reference to the development district or water users' community in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the improvement district.

(4) If it appears to the Lieutenant Governor in Council that a mountain resort improvement district will undertake the functions of an existing water users' community, the Lieutenant Governor in Council may dissolve the water users' community.

(5.1) The Lieutenant Governor in Council may do one or more of the following, effective on the dissolution of a water users' community under subsection (4):

(a) transfer to and vest in a mountain resort improvement district any of the rights, property and assets of the water users' community;

(b) transfer to and declare as assumed by a mountain resort improvement district any of the obligations of the water users' community;

(c) continue in force any bylaws or resolutions of the water users' community as bylaws or resolutions of a mountain resort improvement district applicable to the area of the mountain resort improvement district to which they applied as bylaws or resolutions of the water users' community until those bylaws or resolutions are amended or repealed by the board of trustees of the mountain resort improvement district;

(d) require the board of trustees of the mountain resort improvement district to amend or repeal by a specified date a bylaw or resolution continued under paragraph (c);

(e) deem a reference to the water users' community in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the mountain resort improvement district.

Amendment of letters patent

734 (1) The Lieutenant Governor in Council may, by regulation, authorize the minister to make orders amending letters patent of an improvement district, subject to any restrictions and conditions established by the regulation.

(2) Sections 31 [rights and liabilities not affected by revocation and reissue of letters patent] and 32 [existing licences preserved] apply in respect of improvement districts.

Dissolution of improvement districts

735 (1) The Lieutenant Governor in Council may, by order, revoke the letters patent that incorporated or continued an improvement district.

(2) If an improvement district is located in a municipality incorporated under section 7 (1), the Lieutenant Governor in Council must exercise the power under subsection (1) of this section to revoke the letters patent of the improvement district no later than January 1 of the year that is 4 years after the year in which the municipality was incorporated.

(3) If an improvement district is located in a mountain resort municipality incorporated under section 11 (3), the Lieutenant Governor in Council must exercise the power under subsection (1) of this section to revoke the letters patent of the improvement district effective at the time the mountain resort municipality is incorporated.

(4) On the revocation of the letters patent that incorporated or continued an improvement district, the improvement district is dissolved.

Transition on dissolution of improvement district or
if area or object of improvement district changed

735.1 (1) If an improvement district is dissolved or the letters patent of an improvement district are amended to reduce the area of the improvement district or to modify or repeal an object of the improvement district, the Lieutenant Governor in Council may, by order, do one or more of the following:

(a) transfer to and vest in a municipality, a regional district or another improvement district any of the improvement district's rights, property and assets;

(b) transfer to and declare as assumed by a municipality, a regional district or another improvement district any of the improvement district's obligations;

(i) continue a service of the improvement district as a local area service of the municipality and exercise any power under section 14.2 (1) and (2) that may be exercised by letters patent, or

(ii) continue a service of the improvement district as a service of the municipality;

(d) continue in force any bylaws or resolutions of the improvement district as bylaws or resolutions of a municipality, a regional district or another improvement district applicable to the area of the municipality, regional district or other improvement district to which they applied as bylaws or resolutions of the improvement district until those bylaws or resolutions are amended or repealed by the council of the municipality, the board of the regional district or the board of trustees of the other improvement district;

(e) require the council of the municipality, the board of the regional district or the board of trustees of the improvement district to amend or repeal by a specified date a bylaw or resolution continued under paragraph (d);

(f) for the purposes of subsection (4), specify a date, which may not be more than 3 years after the date the bylaw is continued under paragraph (d) of this subsection;

(g) deem a reference to the improvement district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to a municipality, a regional district or another improvement district.

(2) If an order under subsection (1) (c) (i) provides for the establishment of a local area service, section 14.2 (3) to (7) applies for the purposes of this section.

(3) The requirement in section 13 (1) (a) and (b) of the Community Charter to first obtain the consent of a local government does not apply in relation to a service if

(a) the service is continued under subsection (1) (c) on dissolution of an improvement district, and

(b) the service is to be provided by the municipality in an area outside the municipality to which the service was provided by the improvement district at the time the improvement district was dissolved.

(4) If a municipality or regional district does not have the power to adopt a provision of a bylaw that is continued under subsection (1) (d) as a provision of a bylaw of the municipality or regional district, the municipality or regional district is deemed to have the power to adopt that provision of the bylaw until the earlier of

Additional powers

735.2 (1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent or by order, do one or more of the following in relation to the incorporation of an improvement district, the extension or reduction of the area of an improvement district or the addition, modification or repeal of an object of an improvement district:

(c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(d) in respect of a provision included in the letters patent or order under paragraphs (a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(2) Despite this or any other Act, letters patent of an improvement district or an order of the Lieutenant Governor in Council under this Part may establish any terms and conditions the Lieutenant Governor in Council considers appropriate in respect of any matter related to the letters patent or order.

(3) As a restriction, in exercising a power under this section, the Lieutenant Governor in Council may not override an absolute prohibition contained in an enactment.

60 Section 748 (4) is amended by striking out "disincorporated" and substituting "dissolved".

Extension of regional district boundaries

777.1 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, alter the boundaries of a regional district to include an area not in a regional district.

(a) consult with the minister who administers the Hospital District Act for the purpose of ensuring that any boundary alteration will, if possible, maintain coextensive regional district and hospital district boundaries, and

(b) notify the regional district that will be affected by the proposed recommendation.

(a) in subsection (1) by striking out ", by the issue of letters patent, or by the repeal of existing letters patent and the issue of new letters patent, as necessary,",

(c) in subsection (1) (b) by striking out "alter" and substituting "by letters patent, alter",

(e) in subsection (3) by striking out "The Lieutenant Governor in Council must not issue letters patent under subsection (1)" and substituting "Letters patent under subsection (1) may not be issued",

(f) in subsection (4) by striking out "assets and liabilities" and substituting "rights, property, assets and obligations",

(5) In letters patent incorporating a regional district referred to in subsection (1) (a) (ii) or (c) (ii) or in letters patent referred to in subsection (1) (b), the Lieutenant Governor in Council may do one or more of the following:

(a) transfer to and vest in a regional district any of the rights, property and assets of another regional district;

(b) transfer to and declare as assumed by a regional district any of the obligations of another regional district;

(c) provide that a bylaw or resolution of the board having jurisdiction before the amalgamation, alteration or division does not remain in force under subsection (7);

(d) require the board of the regional district to amend or repeal by a specified date a bylaw or resolution that remains in force under subsection (7);

(e) deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to another regional district. , and

(8) Sections 31 [rights and liabilities not affected by revocation and reissue of letters patent] and 32 [existing licences preserved] apply in respect of regional districts referred to in this section.

(1) In this section, "community planning area" means an area of the Provincial Community Planning Local Area under the Local Services Act that is designated as a community planning area under that Act.

(1.1) If a community planning area is dissolved and the area of land comprising the community planning area is in a regional district, the Lieutenant Governor in Council may, by order, do one or more of the following:

(a) provide that all or part of the community planning area be a service area under this Part;

(b) continue in force any regulations made by the minister relating to the community planning area as bylaws of the regional district applicable to the area of the regional district to which they applied as regulations until those bylaws are amended or repealed by the board;

(1.2) If an improvement district is dissolved or the letters patent of an improvement district are amended to modify or repeal an object of the improvement district and the area of land comprising the improvement district is in a regional district, the Lieutenant Governor in Council may, by order, do one or both of the following:

(a) provide for the continuation of a service of the improvement district as a service of the regional district by

(b) in subsection (2) by striking out "subsection (1)," and substituting "subsection (1.1) or (1.2),",

(c) in subsection (2) (a) by adding "and is consistent with the order under subsection (1.1) or (1.2) of this section" after "establishing bylaw",

(d) in subsection (4) by striking out "within the period specified in the order of the Lieutenant Governor in Council under subsection (1) or, if no period is specified," and substituting "on or before the date specified under subsection (1.1) (c) or (1.2) (b) or, if no date is specified,", and

(5) If no date is specified under subsection (1.1) (c) or (1.2) (b), the Lieutenant Governor in Council may in a later order specify a date and, if this is done, a bylaw under subsection (2) must be adopted on or before the date specified.

(a) in subsection (2) by striking out "may, by the issue of letters patent for the regional district," and substituting "may, by letters patent for the regional district, do one or more of the following:",

(b) in subsection (2) (a) by striking out "service area, and" and substituting "service area;",

(b) require the regional district to administer on behalf of the municipality the service transferred under paragraph (a) until a specified date after the effective date of the transfer;

(c) require the municipality to pay to the regional district an amount for administering the service on behalf of the municipality;

(d) specify an amount or establish formulas, rules or ratios for determining an amount payable under paragraph (c). ,

(2.1) The municipality and the regional district may enter into an agreement that modifies

(b) an amount specified or a formula, rule or ratio established under subsection (2) (d). ,

(a) transfer to and vest in the municipality any of the regional district's rights, property and assets that relate to the transferred service;

(b) transfer to and declare as assumed by the municipality any of the regional district's obligations that relate to the transferred service;

(d) continue in force any resolutions of the regional district as resolutions of the municipality applicable to the area of the municipality to which they applied as resolutions of the regional district until those resolutions are amended or repealed by the council of the municipality;

(e) require the council of the municipality to amend or repeal by a specified date a bylaw continued under section 24 (2) or a resolution continued under paragraph (d) of this subsection;

(f) deem a reference to the regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the municipality. , and

(4.2) On the effective date of the transfer under subsection (2) (a) of jurisdiction for a service in respect of a specified part of the service area, the service area for the service provided by the regional district is deemed to be reduced to exclude the specified part of the service area for which jurisdiction was transferred.

Additional powers

782.1 (1) Despite this or any other Act, the Lieutenant Governor in Council may, by letters patent or by order, do one or more of the following in relation to the incorporation of a regional district, the establishment or elimination of an electoral area, the redefinition of the boundaries of an electoral area or the alteration of the boundaries of a regional district:

(c) make provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties;

(d) in respect of a provision included in the letters patent or order under paragraphs (a) to (c), provide an exception to or a modification of a requirement or condition established by an enactment.

(2) Despite this or any other Act, letters patent of a regional district or an order of the Lieutenant Governor in Council under this Part may establish any terms and conditions the Lieutenant Governor in Council considers appropriate in respect of any matter related to the letters patent or order.

(3) As restrictions, in exercising a power under this section, the Lieutenant Governor in Council may not do the following:

(9) If an area in a regional district is incorporated as a new municipality and the regional district has adopted a regional growth strategy for all or part of the area of the new municipality, the regional growth strategy is binding on that new municipality.

(9) If a regional growth strategy is binding on a new municipality under section 857 (9) and the regional growth strategy applies to all or part of the same area of the municipality as an official community plan, the requirement under subsection (1) of this section must be fulfilled by the council submitting a proposed regional context statement to the board within the earlier of the following:

(a) the period established by the Lieutenant Governor in Council by letters patent;

70 Section 44 of the Miscellaneous Statutes Amendment Act, 2000, S.B.C. 2000, c. 9, as it enacts section 62 (2) of the Petroleum and Natural Gas Act, is amended by striking out "under section 58 or 61" and substituting "under section 58, 61 or 61.1".

71 Section 67 of the Miscellaneous Statutes Amendment Act, 2007, S.B.C. 2007, c. 8, is repealed.

72 Section 21 (1) (c) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(c) that has displayed on it the registration number plates of that jurisdiction for the current year, or is a trailer that is designed exclusively to carry one axle of a motor vehicle for the purpose of towing that motor vehicle behind another motor vehicle and is from a jurisdiction that does not issue registration number plates for that type of trailer, .

(1.1) For the purposes of subsection (1), an applicant must, if required by the Insurance Corporation of British Columbia, provide documentary proof, satisfactory to the Insurance Corporation of British Columbia, of the following:

(1.2) An applicant for a driver's licence referred to in subsection (1) who wishes the driver's licence to indicate that the applicant is a Canadian citizen must, for the purposes of subsection (1) and in addition to the other requirements in this section,

(a) provide documentary proof of Canadian citizenship satisfactory to the Insurance Corporation of British Columbia,

(b) sign an application in the form required by the Insurance Corporation of British Columbia,

(c) in subsection (7) by striking out "On receipt, in the respective forms required under subsection (1), of the application and the evaluation, and on being satisfied of the truth of the facts stated in the application," and substituting "On receipt, in the respective forms required under subsection (1) or (1.2), of the application and the evaluation, and on being satisfied of the completeness of the application and the truth of the facts stated in the application,", and

(14.1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations as follows:

(a) setting out additional requirements that must be met by an applicant for a driver's licence that indicates the driver is a Canadian citizen;

(b) setting out requirements that must be met or continue to be met by a person who holds a driver's licence that indicates the driver is a Canadian citizen;

(d) specifying that section 25 (1.2) does not apply to a class of driver's licence.

(1.1) The Insurance Corporation of British Columbia may, without a hearing, refuse to issue a driver's licence to a person who

(a) is indebted to the government of another province because of his or her failure to pay a fine, or a victim's surcharge levy under legislation similar to the Victims of Crime Act, imposed as a result of a conviction under

(ii) a provision of an Act or regulation of the other province that is set out in a regulation of the superintendent as equivalent to a provision of this Act, the Commercial Transport Act or the Transport of Dangerous Goods Act or a regulation under any of them,

whether the indebtedness arose before or after this paragraph comes into force, or

(b) is suspended or prohibited from driving a motor vehicle in another province.

(1.2) For the purposes of subsection (1.1), the Insurance Corporation of British Columbia may rely on information provided by another province.

(2.1) Despite any other provision of this Act or the regulations, the Insurance Corporation of British Columbia may, with or without a hearing or refunding the fees for the licence, cancel the driver's licence of a person who holds a driver's licence that indicates he or she is a Canadian citizen

(a) if the person does not meet or no longer meets the requirements set out in regulations under section 25 (14.1) (b), or

(1) If the residential address of the holder of a driver's licence issued under this Act is changed from the address stated on the driver's licence, he or she must, within 10 days of the change of residential address,

(a) notify the Insurance Corporation of British Columbia of the change stating the number of his or her driver's licence and his or her former and new addresses, and

(a) in subsection (4) by striking out "Subject to subsections (5) and (6)," and substituting "Subject to subsections (5), (6) and (6.1),", and

(6.1) If a person is not a Canadian citizen or permanent resident of Canada, the Insurance Corporation of British Columbia may only issue to the person a driver's licence with a term that is of a duration that is no longer than the period during which, under the laws of Canada, the person is entitled to be in Canada.

Accident reports

67.1 (1) If a vehicle driven or operated on a highway directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding a prescribed amount, the driver of the vehicle must within the prescribed period of time after the accident report the accident, in the form established by the superintendent, to the person or public body identified in the regulations for this purpose.

(2) If a person required to make a report under subsection (1) is incapable of making the report, and there was another occupant of the vehicle at the time of the accident who is capable of making the report, that occupant must make the report.

(3) Every report made under this section is without prejudice and for the information of the person or public body to whom the report is made and must not be open to public inspection, except that a person involved in an accident, or that person's authorized representative, is entitled to obtain on request the names of any drivers involved, the licence number, the name of the registered owner of any motor vehicle involved and the name of any witness.

(4) The fact a report has been made under this section is admissible in evidence solely to prove compliance with this section, and the report is admissible in evidence on the prosecution of any person for the offence of making a false statement in that report, but neither the report nor any statement contained in it is admissible in evidence for any other purpose in a trial or proceeding arising out of the accident referred to in the report.

Right to collect information

103.1 The Insurance Corporation of British Columbia is authorized to collect information from another province about the conviction of a person under

(b) a provision of an Act or regulation of the other province that is set out in a regulation of the superintendent as equivalent to a provision of this Act, the Commercial Transport Act or the Transport of Dangerous Goods Act or a regulation under any of them,

(1) The Insurance Corporation of British Columbia must, on payment of a prescribed fee, provide a person who requests information with respect to that person as owner, driver or otherwise with an abstract, certified by the corporation, of the record in the corporation's office during the 5 years preceding the request relating to that person and setting out particulars of

(a) any conviction, order or judgment made against that person under this Act, or referred to in this Part,

(c) any conviction, order or judgment in another province under a provision of an Act or regulation of the other province that is set out in a regulation of the superintendent as equivalent to a provision of this Act, the Commercial Transport Act or the Transport of Dangerous Goods Act or a regulation under any of them, and

(1.1) For the purposes of subsection (1), the Insurance Corporation of British Columbia may rely on information provided by another province.

(a) in subsection (9) (c) by striking out ", and to any peace officer who is present,", and

Accident reports

183.1 (1) If an accident involving the presence or operation of a cycle on a highway or a sidewalk directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding a prescribed amount, the person in charge of the cycle must within the prescribed period of time after the accident report the accident, in the form established by the superintendent, to the person or public body identified in the regulations for this purpose.

(2) A report made under subsection (1) is without prejudice and is for the information of the person or public body to whom the report is made and must not be open to public inspection.

(3) The fact the report has been made is admissible in evidence solely to prove compliance with this section, and the report is admissible in evidence on the prosecution of any person for the offence of making a false statement in it, but neither the report nor any statement contained in it is admissible in evidence for any other purpose in a trial or proceeding arising out of the accident referred to in the report.

(i) in paragraph (g) by striking out "or" at the end of subparagraph (i), by adding ", or" at the end of subparagraph (ii) and by adding the following subparagraph:

(p) respecting identification cards for persons, whether or not they hold licences under this Act, including, without limitation, the requirements and conditions that must be met by an applicant for an identification card or by the holder of an identification card and the cancellation of cards, with power to delegate a matter or confer a discretion relating to the issue, cancellation and form of identification cards; , and

(u) identifying a person or public body for the purposes of section 67.1 or 183.1, with power to identify a different person or public body for different purposes;

(v) exempting persons or classes of persons from the requirements of section 67.1 or 183.1. , and

(11) Without limiting the authority of the Lieutenant Governor in Council to make regulations under another provision of this Act, the Lieutenant Governor in Council may make regulations respecting any matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.

Regulations of the superintendent respecting equivalent convictions

212.3 The superintendent may make regulations for the purposes of sections 26 (1.1), 103.1 and 116 (1) setting out a provision of an Act or regulation of another province that is, in the opinion of the superintendent, equivalent to a specified provision of this Act, the Commercial Transport Act or the Transport of Dangerous Goods Act or a regulation under any of them.

Accident reports by police officer

(a) a vehicle driven or operated on a highway directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding a prescribed amount, or

(b) an accident involving the presence or operation of a cycle on a highway or a sidewalk directly or indirectly causes death or injury to a person or damage to property causing aggregate damage apparently exceeding a prescribed amount,

a police officer who attends the accident must complete a written report of the accident in the form established by the Insurance Corporation of British Columbia and forward it to the corporation within 10 days of the accident.

(2) A person involved in an accident referred to in subsection (1) (a), or that person's authorized representative, is entitled to obtain on request the names of any drivers involved, the licence number, the name of the registered owner of any motor vehicle involved and the name of any witness.

88 Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended

"northern municipality" has the same meaning as in section 25 of the Municipalities Enabling and Validating Act (No. 3); , and

(b) by repealing the definition of "regional district" and substituting the following:

(a) except for the purposes of the definitions of "pooled investment fund" and "public institution", the northern municipality, and

(iii) a regional hospital district under the Hospital District Act, other than the Greater Vancouver Regional Hospital District,

Modifications required in respect of northern municipality

(a) a reference in this Act to a regional board or the board of a regional district is to be read as a reference to the council of the northern municipality, and

(b) a reference in this Act to a director of a regional board is to be read as a reference to a council member of the council of the northern municipality.

(2) For the purpose of applying sections 15 (3) (b) and 26 (1) to the northern municipality, the references in those sections to the chair and financial officer of the regional district are to be read as references to the mayor and financial officer of the northern municipality.

(12) Despite any other provision in this section, a person who is a member or alternate member of the authority on the date this subsection comes into force and who was appointed by the regional board of the Northern Rockies Regional District continues as a member or alternate member of the authority until a successor is appointed by the council of the northern municipality.

91 Sections 10 and 11 of the Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, are repealed.

Letters patent — Comox Valley Regional District

23 (1) Despite section 796.1 of the Local Government Act, section 16 (3) of the letters patent incorporating the Comox Valley Regional District, issued further to Order in Council 59/2008, is confirmed and validated.

(2) All resolutions, bylaws and actions of the Comox Valley Regional District in relation to the establishing bylaws referred to in section 16 (3) of the letters patent incorporating the Comox Valley Regional District are conclusively deemed to have been validly adopted or taken as of the date that they were adopted or taken, to the extent they would have been valid had this section been in force on the date they were adopted or taken.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Comox Valley Regional District —
development cost charge bylaws

"affected local government", in relation to a development cost charge region, means

(a) a municipality, if all or part of the municipality is in the development cost charge region, and

(b) the Comox Valley Regional District, if all or part of an electoral area is in the development cost charge region,

but does not include the municipality whose council is proposing the development cost charge bylaw or the Comox Valley Regional District if the board is proposing the development cost charge bylaw;

"minister" means the minister charged with the administration of the Community Charter;

"proposed bylaw" means a proposed development cost charge bylaw that is to apply in relation to a subdivision, building or structure in the development cost charge region.

(2) The minister may, by order, designate all or part of the area of the Comox Valley Regional District as a development cost charge region.

(a) at least 60 days before the proposed bylaw is given first reading, the local government has referred the matter to all affected local governments in accordance with subsection (4), and

(b) the local government has taken into consideration any responses provided under subsection (5) (b).

(4) For the purposes of subsections (3) (a) and (8) (b), a local government must, by resolution, refer to all affected local governments all of the following material:

(b) any relevant development cost charge bylaw that applies in the development cost charge region;

(c) in respect of any proposed bylaw and any relevant development cost charge bylaw, the considerations, information and calculations used to determine the schedule referred to in section 934 (1) of the Local Government Act, but any information respecting the contemplated acquisition costs of specific properties is not required to be referred;

(5) After receiving the material referred to it under subsection (4), each affected local government

(a) must promptly review the material in the context of any development cost charge policies, official community plans, regional growth strategies and strategies respecting services for its jurisdiction, both those that are current and those that are in preparation, and in the context of any other matters that affect its jurisdiction, and

(b) within 45 days after receiving the material, may respond, by resolution, to the proposing local government by providing the results of the review under paragraph (a) of this subsection.

(6) When a local government submits a proposed bylaw to the inspector for approval under section 937 of the Local Government Act, the local government must submit to the inspector information respecting the consideration by the local government of the responses provided under subsection (5) (b) of this section in respect of the proposed bylaw.

(7) In addition to the reasons the inspector may refuse to grant approval under section 937 (2) of the Local Government Act, the inspector may refuse to grant approval of a proposed bylaw under section 937 (1) of that Act if the inspector determines that the local government has not properly considered the responses provided under subsection (5) (b) of this section in respect of the proposed bylaw.

(a) to review, by a date specified by the inspector, a development cost charge bylaw that applies in the development cost charge region, and

(b) as part of the review, to refer the matter to all affected local governments in accordance with subsection (4).

(9) If a local government is required under subsection (8) to review a development cost charge bylaw and, further to the review, the local government does not give a proposed bylaw first reading within 120 days after the date specified by the inspector under subsection 8 (a), the local government must promptly submit to the inspector the results of the review, including

(a) reasons why changes to the development cost charge bylaw are not proposed or why a proposed bylaw was not given first reading, and

(b) information respecting the consideration by the local government of the responses provided under subsection (5) (b) in respect of the development cost charge bylaw or a proposed bylaw.

(b) impose requirements on a local government relating to the development of a proposed bylaw. , and

Division 2 — Provisions Respecting New Northern Municipality
and Dissolution of Northern Rockies Regional District

Definition

25 In this Division, "northern municipality" means the municipality whose incorporation under section 7 (1) of the Local Government Act resulted in the revocation under section 7 (3) of that Act of the letters patent of the Town of Fort Nelson.

Dissolution of Northern Rockies Regional District

26 (1) On the incorporation of the northern municipality, the Lieutenant Governor in Council may, by order, revoke the letters patent of the Northern Rockies Regional District.

(2) On the revocation of the letters patent of the Northern Rockies Regional District, the Northern Rockies Regional District is dissolved.

(3) Section 12.5 [transfer of assets and obligations and continuation of bylaws] of the Local Government Act applies for the purposes of this section, except that

(a) a reference in that section to the dissolved municipality is to be read as a reference to the Northern Rockies Regional District, and

(b) a reference in that section to the new municipality is to be read as a reference to the northern municipality.

(4) In respect of bylaws or resolutions continued in force as bylaws or resolutions of the northern municipality, if there is a conflict or inconsistency between a bylaw or resolution of the Town of Fort Nelson that is continued under section 12.5 of the Local Government Act and a bylaw or resolution of the Northern Rockies Regional District that is continued under section 12.5 of the Local Government Act, as that section applies for the purposes of this section, the bylaw or resolution of the Northern Rockies Regional District prevails.

Alteration of northern municipality's boundaries
and adjoining regional district

27 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by letters patent, alter the boundaries of the northern municipality and an adjoining regional district by reducing the area of one and increasing the area of the other by the inclusion of the area withdrawn.

(b) notify all regional districts that will be affected by the proposed recommendation, and

(c) in the case of reducing the area of the northern municipality and increasing the area of an adjoining regional district by the inclusion of the area withdrawn, receive from the council of the northern municipality a request made in accordance with section 26 [reduction of municipal area] of the Local Government Act.

(3) Letters patent under subsection (1) may not be issued for 6 months after notice has been given under subsection (2) (b).

(4) In letters patent under subsection (1), the Lieutenant Governor in Council may do one or more of the following:

(a) transfer to and vest in the northern municipality or regional district any of the rights, property and assets of the other;

(b) transfer to and declare as assumed by the northern municipality or regional district any of the obligations of the other;

(c) provide that a bylaw or resolution of the council or board having jurisdiction before the alteration of boundaries does not remain in force under subsection (5);

(d) require the council of the northern municipality or the board of the regional district to amend or repeal by a specified date a bylaw or resolution that remains in force under subsection (5);

(e) deem a reference to the northern municipality or regional district in any commercial paper, lease, licence, permit or other contract, instrument or document to be a reference to the other.

(5) Subject to the letters patent, the bylaws and resolutions of the council of the northern municipality or board of the regional district that had jurisdiction before the alteration of boundaries remain in force until they are amended or repealed by the council of the northern municipality or the board of the regional district having jurisdiction following the alteration of boundaries.

Security issuing and loan authorization bylaws

28 (1) Section 825 (1) to (4) [security issuing bylaws] of the Local Government Act applies to the northern municipality, except that the reference to a board is to be read as a reference to the council of the northern municipality.

(2) Section 262 (3.1) [application to court to set aside security issuing bylaw] of the Local Government Act applies to the northern municipality, except that the references to a regional district are to be read as references to the northern municipality.

(3) Section 182 [municipal financing through regional district] of the Community Charter does not apply to the northern municipality.

(4) In applying sections 179 (4) [loan authorization bylaws for long term borrowing] and 181 (2) [temporary borrowing under loan authorization bylaw] of the Community Charter to the northern municipality, a reference to section 182 of the Community Charter is to be read as a reference to subsection (5) of this section.

(5) Except as permitted by section 181 [temporary borrowing under loan authorization bylaw] of the Community Charter or by the Municipal Finance Authority Act, the northern municipality must not borrow money under a loan authorization bylaw unless the financing is undertaken under section 825 of the Local Government Act, as it applies under subsection (1) of this section, through the Municipal Finance Authority of British Columbia.

Application of Local Government Act provisions

29 Sections 6.9 [application of Escheat Act] and 15 [publication of letters patent] of the Local Government Act apply for the purposes of this Division.

Interim regulations

(2) Despite the designated enactments, the Lieutenant Governor in Council may make regulations as follows:

(a) providing an exception to or a modification of a provision in a designated enactment or providing for the application or continued application of a provision in a designated enactment in relation to the northern municipality or an area that is not in the northern municipality but was in the Northern Rockies Regional District;

(b) making provisions the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties in relation to the incorporation of the northern municipality or the dissolution of the Northern Rockies Regional District.

(3) A regulation under subsection (2) may be made retroactive to the date of incorporation of the northern municipality or a later date, and if made retroactive is deemed to have come into force on the specified date.

(4) To the extent of any conflict between a regulation under subsection (2) and a designated enactment, the regulation prevails.

(5) A regulation may not be made under subsection (2) and a regulation made under subsection (2) ceases to have effect after December 31, 2010.

93 Section 55 (1) (b) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed and the following substituted:

95 Section 58 (3) is amended by striking out "under this section," and substituting "under this section or section 61.1,".

Continuation of previous reversion rules for older leases

(b) that is issued from a permit or a drilling licence that was issued before March 29, 2007, if the location of the lease is within or coincides with the location of the permit or the drilling licence, or

(2) If, at the relevant time referred to in this subsection, a lease is continued under section 58, the petroleum and natural gas rights granted by the lease that are stratigraphically below the base of the deepest zone known by the director to be capable of production in the lease or the part of the lease revert to the government and do not continue under the lease

(3) If, at the relevant time referred to in subsection (2), all or part of the lease is being continued under section 61 or 62, subsection (2) applies to that lease for the part so continued on the date on which the continuation ceases under section 61 or 62, as the case may be.

(b) surrender all of the location of the lease except eligible spacing areas as defined in section 58 (1) or 61.1 (1).

Continuation of leases for certain disposal well purposes

"eligible disposal well" means a well that is used or planned to be used to dispose of water, carbon dioxide or other waste fluids associated with petroleum or natural gas exploration, production or processing;

"eligible lease" means a lease for a location that includes all or part of an eligible spacing area;

"eligible spacing area" means a spacing area, other than a spacing area that is subject to a scheme approved under section 100, that

(b) is, in the opinion of the director, planned to contain an eligible disposal well, or

(c) is, in the opinion of the director, likely to be needed in relation to an existing or planned eligible disposal well that is situated on a nearby spacing area.

(2) If an eligible lease expires, whether after its initial term or after a continuation under this section or under section 58, 61 or 62, on application by the lessee made not later than 60 days after the expiry of the lease, the director may continue that lease for one year in respect of one or more zones in the eligible spacing area that the director considers are appropriate in relation to the relevant existing or planned eligible disposal well.

(3) If all or part of an eligible lease is continued under this section, the petroleum and natural gas rights granted by the lease that are stratigraphically outside the zone or zones identified by the director under subsection (2) revert to the government when that continuation begins, subject to any continuation under section 58.

99 Section 62 (2) is amended by striking out "under section 58 or 61" and substituting "under section 58, 61 or 61.1".

100 Section 63 is amended by striking out "sections 58, 61 and 62," and substituting "sections 58, 61, 61.1 and 62,".

Disposal of Crown reserves by public auction or tender

71 (1) The minister may dispose of Crown reserves of petroleum and natural gas, oil sand, oil sand products, oil shale and oil shale products under terms the minister sees fit.

(2) A disposition under this section must be by public auction or public tender, not sooner than 2 weeks after publication of a notice of the intended disposal in the Gazette.

(a) a lease issued under this section is subject to the terms of this Act as though it had been applied for and issued under Part 6, and

(b) a permit issued under this section is subject to the terms of this Act as though it had been issued under Part 5.

Withdrawal from disposition under section 71 and alternative disposition

72 (1) The minister may, by order, withdraw Crown reserves referred to in section 71 (1) from disposition under that section.

(a) remain withdrawn until the withdrawal order is cancelled by the minister, and

(i) developed, managed or disposed of by the minister in accordance with the terms and for the price approved by the Lieutenant Governor in Council, or

(3) The Lieutenant Governor in Council may make regulations for the purposes of subsection (2) (b) (ii), including regulations respecting one or more of the following:

(b) the process by which all or part of a reserve is to be offered for disposition;

(vii) other matters that the Lieutenant Governor in Council considers are in the public interest;

(e) the price to be recovered by the government from a disposition or how that price is to be determined;

(f) restrictions and conditions on which the authority to make dispositions may be exercised;

(b) provide authority for a person authorized under subsection (3) (a) to delegate that authority to another person;

(c) be different for different areas, types of reserves, zones, proposed purposes of a spacing area and proposed uses of a reserve.

103 Section 133 (2) (e) is amended by striking out "section 71 (1)" and substituting "section 71".

104 Section 1 of the Private Career Training Institutions Act, S.B.C. 2003, c. 79, is amended

"basic education standards" means the basic education standards established by the bylaws; , and

(b) in the definition of "registered institution" by repealing "section 15" and substituting "sections 14 and 15".

(a) to establish basic education standards for registered institutions and to provide consumer protection to the students and prospective students of registered institutions; .

106 Section 4 (2) (b) is amended by striking out "one member" and substituting "3 members".

107 Section 5 (1) is amended by striking out "The board" and substituting "To serve the public interest, including the interests of students attending registered institutions, the board".

(b) in paragraph (h) by adding ", including requirements relating to basic education standards" at the end of the paragraph, and

(r) in relation to a claim under section 16 on the grounds referred to in section 15 (a.1),

(i) specifying the classes of claimants who may file a claim and the procedures that must be followed,

(ii) specifying the procedures to be followed to investigate and adjudicate a claim,

(a.1) refunding a portion of the tuition fees a student has paid to a registered institution that, in the opinion of the board, has misled a student regarding the institution or any aspect of its operations; .

110 Section 16 (1) (b) is amended by adding "in the case of a claim on the grounds referred to in section 15 (a)," at the beginning of the paragraph.

(h) in relation to a claim under section 16 on the grounds referred to in section 15 (a),

(i) specifying the classes of claimants who may file a claim and the procedures that must be followed,

112 Section 1 of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended

(a) in the definition of "full time judge" by striking out "section 6 (1) (b)" and substituting "section 6 (1) (b) (i)",

(a) a judicial justice appointed under section 30.2 (1) on a full time basis, or

(b) a person who, under section 30.3 (1) or (2), is deemed to be a judicial justice appointed under section 30.2 (1) on a full time basis;

"justice of the peace" means a justice of the peace appointed under section 30 (1);

(a) a judicial justice appointed under section 30.2 (1) on a part time basis, or

(b) a person who, under section 30.3 (3), is deemed to be a judicial justice appointed under section 30.2 (1) on a part time basis; , and

(c) by repealing the definitions of "judicial justice", "justice" and "part time judge" and substituting the following:

"judicial justice" means a full time judicial justice or a part time judicial justice;

(a) is appointed under section 6 (1) (b) (ii) or (iii) to hold office as a part time judge, or

(a) in subsection (1) by repealing paragraph (b) and substituting the following:

(ii) appoint the judge to hold office as a part time judge for a term of one year, or

(iii) reappoint the judge referred to in subparagraph (ii) for additional terms, each term being for one year,

(b) in subsection (3) by striking out "subsection (1) (b):" and substituting "subsection (1) (b) (i):", and

(c) in subsection (3) (a) by striking out "70 years" and substituting "75 years".

(a) in subsection (1) by striking out "a judge" in both places and substituting "a full time judge" and by striking out "part time judge" and substituting "part time judge under this section",

(6) An election under subsection (1) is irrevocable once the judge begins service as a part time judge under subsection (1) and the part time judge may not resume office as a full time judge or commence service as a part time judge under section 6 (1) (b) (ii) before ceasing to hold office under section 17 (5). , and

(4) A chief judge, associate chief judge or administrative judge may not serve as a part time judge under section 6 (1) (b) (ii) or (iii) while serving as chief judge, associate chief judge or administrative judge.

(3) A judge, other than a part time judge, ceases to hold office at the end of the month in which the judge reaches 75 years of age.

(4) A part time judge under section 6 (1) (b) (ii) or (iii) ceases to hold office as a judge on the earlier of the following:

(5) A part time judge under section 9.1 (1) ceases to hold office as a judge on the earlier of the following:

(a) in subsection (2) by striking out "justice appointed under subsection (1)" and substituting "justice of the peace appointed under subsection (1)", and

(b) in subsection (3) by adding "and judicial justices" before "are justices of the peace."

Judicial justices

30.2 (1) The Lieutenant Governor in Council may appoint, by Commission under the Great Seal, on the recommendation of the council, the judicial justices the Lieutenant Governor in Council considers necessary.

(3) A judicial justice may be appointed under subsection (1) to serve office on a full time basis or a part time basis for only one fixed term of 10 years.

(4) The chief judge must offer to a part time judicial justice a minimum number of 40 working days in each 12 month period,

(a) for a part time judicial justice who is appointed under subsection (1), commencing on the date of his or her appointment, and

(b) for a part time judicial justice who, under section 30.3 (3), is deemed to be appointed as a judicial justice under subsection (1) on a part time basis, commencing on the date this section comes into force.

(5) Before entering on the duties of his or her office, a judicial justice must swear on oath as follows:

I, ..., do swear that I will truly and faithfully, according to my skill and knowledge, execute the duties, powers and trusts placed in me as a judicial justice and that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors.

(6) Judges of the Provincial Court, Supreme Court and Court of Appeal are judicial justices.

Deemed judicial justices

(a) was designated before June 1, 2007 as a judicial justice under section 30.1 (1) before the repeal of that section,

(b) was not receiving pension benefits provided under the Judicial Compensation Act immediately before this section comes into force, and

is deemed to be appointed as a judicial justice under section 30.2 (1) on a full time basis, except that section 30.2 (3), with respect to the fixed term, and section 33 (1.1) (a) do not apply to the deemed full time judicial justice.

(2) Every justice of the peace who, immediately before April 11, 2001, held an appointment as a court referee under section 35, as it read immediately before April 11, 2001, and who has not ceased to hold office, is deemed to be a judicial justice appointed under section 30.2 (1) on a full time basis, except that section 30.2 (3), with respect to the fixed term, and section 33 (1.1) (a) do not apply to the deemed full time judicial justice.

(i) was designated before June 1, 2007 as a judicial justice under section 30.1 (1) before the repeal of that section,

(ii) was receiving pension benefits provided under the Judicial Compensation Act immediately before this section comes into force, and

(i) was designated on or after June 1, 2007 as a judicial justice under section 30.1 (1) before the repeal of that section, and

is deemed to be appointed as a judicial justice under section 30.2 (1) on a part time basis, except that section 30.2 (3), with respect to the fixed term, and section 33 (1.1) (a) do not apply to the deemed part time judicial justice.

Duties of judicial justices

30.4 (1) A full time judicial justice must devote himself or herself exclusively to his or her duties as a full time judicial justice and must not engage, directly or indirectly, in any other occupation, profession or business.

(2) A part time judicial justice must devote himself or herself exclusively to his or her duties as a part time judicial justice on the working days, or portions of working days, scheduled by the chief judge.

120 Section 32 (1) and (6) are amended by striking out "justice other than a judicial justice" and substituting "justice of the peace".

(1) A justice of the peace ceases to hold office as a justice of the peace on the earliest of the following:

(a) the end of the month in which the justice of the peace reaches 75 years of age;

(b) the effective date of a resignation submitted by the justice of the peace under subsection (4).

(1.1) A judicial justice ceases to hold office as a judicial justice on the earliest of the following:

(a) the date that the term of appointment of the judicial justice under section 30.2 (3) expires;

122 Section 34 is amended by renumbering the section as section 34 (1) and adding the following subsection:

(b) act as legal counsel for or against Her Majesty the Queen in right of the Province of British Columbia or in right of Canada, or

123 Section 23 of the Representative for Children and Youth Act, S.B.C. 2006, c. 29, is amended

(4.1) Despite any other provision of this Act except subsection (7) of this section, on the request of any person, the representative may disclose information, including personal information, if, in the opinion of the representative,

(a) the disclosure is necessary to confirm the representative is performing, has performed or intends to perform one or more of the functions set out in section 6 (a) to (c) in respect of an individual, and

(b) the public interest in the disclosure outweighs the privacy interests of any individual whose personal information is disclosed. ,

(c) in subsection (7) by striking out "subsections (5), (6) and (8)," and substituting "subsections (5) and (8) (a),", and

(d) in subsection (8) by striking out ", or" at the end of paragraph (a) and by repealing paragraph (b).

124 Section 2 (2) (c) of the Supreme Court Act, R.S.B.C. 1996, c. 443, is repealed and the following substituted:

125 Section 11 (6) is amended by striking out "the age of 70." and substituting "75 years of age."

126 Section 1 of the Transportation Investment Act, S.B.C. 2002, c. 6, is amended

(a) in the definition of "billing organization" by striking out "section 4 (a);" and substituting "section 4 (1) (a);", and

"classified vehicle" means a vehicle belonging to a prescribed class or category of vehicles;

"inspector" means a person, or a member of a class of persons, designated in accordance with the regulations to carry out the functions of an inspector under this Act; .

127 Section 4, as amended by section 4 (a) of the Transportation Investment (Port Mann Twinning) Amendment Act, 2008, is amended in subsection (1) (c) by striking out "specified vehicles or classes of vehicles" and substituting "specified persons or vehicles or classes of persons or vehicles".

128 Section 6 (3.1), as enacted by section 5 (a) of the Transportation Investment (Port Mann Twinning) Amendment Act, 2008, is amended by striking out "by the minister" and substituting "by the corporation".

129 Section 8, as amended by section 6 of the Transportation Investment (Port Mann Twinning) Amendment Act, 2008, is amended

(a) in subsection (2) by adding "or (1.1)" after "referred to in subsection (1)",

(b) in subsection (3.1) by striking out "subsection (4)" and substituting "subsection (4.1)", and

(4.1) Subsection (3.1) does not apply to the corporation or any director, officer, employee or agent of the corporation, if the failure referred to in subsection (3.1) is in bad faith.

130 Section 17, as amended by section 9 of the Transportation Investment (Port Mann Twinning) Amendment Act, 2008, is amended

(a) in subsection (1) (b), (c) and (d) (iii) by adding "or if the vehicle is a classified vehicle, be charged in accordance with the regulations," after "was issued,",

(ii) if there is, in relation to that vehicle, a payment mechanism established with the concessionaire or the billing organization that is in good standing or in which there are sufficient funds to pay the required toll, be charged or debited in accordance with the payment mechanism, or ,

(c) in subsection (2) by striking out "that person" and substituting "or is charged in respect of a classified vehicle in accordance with the regulations, that person or the operator or owner of the classified vehicle", and

(d) in subsection (2) (a) and (b) by adding ", operator or owner" after "person".

(a) in subsection (1) by adding "charged in respect of a classified vehicle in accordance with the regulations or" after "a toll", and

(2) If an amount is paid in relation to a toll charged in respect of a classified vehicle in accordance with the regulations or a person's account or payment mechanism is debited or charged under section 17 in relation to a toll,

(a) the owner of the classified vehicle or the person whose account or payment mechanism is debited is, for the purposes of sections 20 and 21 and subsection (1) of this section, deemed to have received an invoice in relation to the amount paid or deducted, and

(b) the concessionaire must, on the request of that owner or person, issue to that owner or person an invoice, marked as paid, for the amount paid or deducted.

"law enforcement" has the same meaning as in the Freedom of Information and Protection of Privacy Act;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act. ,

(b) in subsection (2) (a) by adding "subject to subsection (2.1)," before "is collected",

(c) in subsection (2) (c) by striking out "and notice of that collection is provided, in accordance with the regulations, to the individuals to whom the information relates,",

(2.1) The requirement for express consent under subsection (2) (a) applies only with respect to individuals who have an account or other payment mechanism established with a concessionaire or the billing organization that is in good standing.

(2.2) The requirements of section 27 (2) of the Freedom of Information and Protection of Privacy Act are conclusively deemed to be satisfied by publication by the concessionaire on its website referred to in section 25.1 of the information required under that section. ,

(e) in subsection (3) (b) (ii) by adding ", charging" after "of assessing" and by adding ", or assessing or collecting toll debts" after "charges",

(4) Without limiting any other power the Insurance Corporation of British Columbia may have to collect, use or disclose personal information, the Insurance Corporation of British Columbia may enter into information-sharing agreements with any or all of the minister, the corporation, concessionaires, the South Coast British Columbia Transportation Authority and the billing organization, and persons engaged by the minister, the corporation, concessionaires, the South Coast British Columbia Transportation Authority and the billing organization, for the purposes set out in subsection (4.1).

(4.1) An information-sharing agreement under subsection (4) may be entered into for the purpose of

(b) the assessment, charging or collection of tolls or related fees, interest or other charges or the assessment or collection of toll debts, or

(c) the charging or collection of fares, fees or other charges on a tolled highway in the Province or in another jurisdiction.

(5) Without limiting any other power the government or the corporation may have to collect, use or disclose personal information, the government or the corporation may enter into an information-sharing agreement with

(b) the government of a province or other jurisdiction in Canada or an agency of that government,

(i) the operation of a concession highway or the operation of a tolled highway in the Province or in another jurisdiction;

(j) assisting a public body or a law enforcement agency in Canada in an investigation

(k) ensuring safety in relation to the operation of a concession highway or the operation of a tolled highway in the Province or in another jurisdiction;

(l) the assessing, charging or collection of tolls or toll debts on a concession highway;

(m) the charging or collection of fares, fees or other charges on a tolled highway in the Province or in another jurisdiction.

(6) Without limiting any other power the government or the corporation may have to collect, use or disclose personal information, the government or the corporation may obtain, collect, use and disclose personal information for the purposes set out in subsection (5) (i) to (m). , and

(g) in subsection (8) by adding "or the billing organization" after "concessionaire".

Power to make ministerial regulations

(a) prescribing vehicles and classes or categories of vehicles as classified vehicles, which classes may be based on ownership, place or jurisdiction of registration or licensing, nature, type, character, size, weight, number of or weight on axles or wheels, equipment or accessories of the vehicles,

(b) regulating, restricting or prohibiting the operation, parking or standing of classified vehicles in respect of which a toll debt has been incurred or a toll has been charged,

(c) respecting the method or manner in which tolls and related fees, interest and other charges may be imposed in respect of classified vehicles and the method or manner in which toll debts that have been incurred or tolls and related fees, interest and other charges that are imposed in respect of a classified vehicle may be collected from the owner or operator of the classified vehicle,

(d) providing for the duties of inspectors respecting the method or manner of regulating or prohibiting the operation, parking or standing of classified vehicles or the collection of toll debts or tolls or related fees, interest or other charges that are imposed in respect of classified vehicles,

(e) providing for the nature, content and form of the information or documentation, whether in electronic, digital, paper or other format, that is evidence of a toll debt having been incurred or a toll and related fees, interest or other charges having been imposed in respect of a classified vehicle,

(f) respecting the nature, content and form of information or documentation that inspectors or peace officers may request from the owner or operator of a classified vehicle and that on request the owner or operator is required to provide to an inspector or a peace officer for the purposes set out in section 25,

(g) providing that the contravention of a regulation made under paragraphs (a) to (f) constitutes an offence,

(h) providing that a person who commits an offence under paragraphs (a) to (f) is liable to a penalty not greater than the penalties provided under the Offence Act, and

(i) authorizing or empowering persons or a class of persons to exercise the powers and perform the duties of an inspector.

(a) provide differently for different cases or classes of cases, or different persons or vehicles or classes of persons or vehicles,

(b) exempt from its application, in whole or in part or otherwise in accordance with its terms, persons or vehicles or classes of persons or vehicles,

(c) provide differently in relation to periods of time, hours of the day, days of the week, specified dates and any other criteria the minister considers necessary or advisable,

135 Section 6 (h) of the Transportation Investment (Port Mann Twinning) Amendment Act, 2008 is repealed.

136 Section 3 (4) of the Treaty First Nation Taxation Act, S.B.C. 2007, c. 38, is amended by striking out "for the purposes of the specific requisition," and substituting "and subject to any adjustments required or authorized under section 4.1, for the purposes of the specific requisition,".

Adjustments to taxes

(a) if a Real Property Tax Coordination Agreement provides that the Assessment Act and the Assessment Authority Act apply for purposes of real property taxation under the treaty first nation's taxation laws, the treaty first nation must make adjustments to property taxes responding to supplementary rolls the treaty first nation receives, and

(b) if a plan of subdivision in relation to treaty lands is deposited in the land title office, as defined in the Assessment Act, after November 30 in any year and before June 1 in the next year, the treaty first nation may apportion or reapportion, as applicable, property taxes for that next year in respect of the parcels created by the subdivision in the same proportion as taxes would have been payable had the subdivision occurred on or before November 30 in the first year.

138 Section 562 (4) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out "(5) applies in respect of" and substituting "(5.1) applies in respect of the adoption of a by-law under subsection (1) and".

(a) is entitled to vote on a proposed by-law that was the subject of a public hearing, and

may vote on the passing of the proposed by-law if an oral or written report of the public hearing has been given to the member by the Director of Planning or another official of the city.

140 Section 594 (2) is amended by striking out "Section 566 (3) and (5)" and substituting "Section 566 (3), (5) and (5.1)".

141 The Acts listed in Column 1 of the Schedule are amended in the provisions listed opposite them in Column 2 by striking out "supplementary".

Transitional and Confirmation Provisions

Transition — disposal well leases

142 For certainty, section 61.1 of the Petroleum and Natural Gas Act, as enacted by this Act, applies to leases that expire before the date on which that section comes into force.

Transition — supplementary letters patent

143 For certainty, supplementary letters patent of a municipality, regional district or improvement district that are in force on the date this section comes into force are continued as letters patent of the municipality, regional district or improvement district.

Transition — validation of letters patent

144 (1) Letters patent issued before this section comes into force that would have been validly issued if the Local Government Act, as it reads on the date this section comes into force, were in force on the date the letters patent were issued are conclusively deemed to have been validly issued to the extent the letters patent would have been valid had this section been in force on the date the letters patent were issued.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Confirmation of corrections to statutes

145 The corrections made by the following regulations, as those regulations have been published in Part 2 of the British Columbia Gazette, of errors in the statutes are confirmed:

(a) B.C. Reg. 101/2007, corrections to the Environmental Management Amendment Act, 2004;

Commencement

146 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item	Column 1 Provisions of Act	Column 2 Commencement
1	Anything not elsewhere covered by this table	The date of Royal Assent
2	Section 2	By regulation of the Lieutenant Governor in Council
3	Section 13	By regulation of the Lieutenant Governor in Council
4	Section 20	By regulation of the Lieutenant Governor in Council
5	Sections 21 to 31	April 1, 2008
6	Sections 32 and 33	April 1, 2008
7	Sections 73 to 91	By regulation of the Lieutenant Governor in Council
8	Section 92 (a) and (c)	By regulation of the Lieutenant Governor in Council
9	Sections 104 to 111	By regulation of the Lieutenant Governor in Council
10	Sections 112 to 122	April 1, 2008
11	Section 124	By regulation of the Lieutenant Governor in Council
12	Section 125	April 1, 2008
13	Sections 126 to 135	By regulation of the Lieutenant Governor in Council

Item	Column 1 Act being amended	Column 2 Section or other provision
1	Hospital District Act R.S.B.C. 1996, c. 202	4 (1) (a) and (b) 6 (1)
2	Local Government Act R.S.B.C. 1996, c. 323	10 (3) 11 (3.2) 20 (1) and (2) 21 (1) 26 (1) and (5) 26.1 (1) and (2), as enacted by S.B.C. 2007, c. 36, s. 117 27 (1) 795.41 (a), as enacted by S.B.C. 2007, c. 36, s. 120 813.04 (5)
3	Resort Municipality of Whistler Act R.S.B.C. 1996, c. 407	4

2008 Legislative Session: 4th Session, 38th Parliament THIRD READING

BILL 43 — 2008

MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2008

Reservists' leave

Approving officer approval not required

Definition

Approving officer approval not required

Accident report

Application

Written notification to chief judge

Application of Escheat Act

What must be included in letters patent

First election for municipality

First council and neighbourhood constituencies

First regular council meeting

Transfer of assets and obligations and continuation of bylaws

Interim corporate officer

Appointment of additional councillors if boundary extended

Tax rate limits

Municipal revenue sharing

Establishment of local area service

Advisory body

Additional powers

Amendment of letters patent

Dissolution of improvement districts

Transition on dissolution of improvement district orif area or object of improvement district changed

Additional powers

Extension of regional district boundaries

Additional powers

Accident reports

Right to collect information

Accident reports

Regulations of the superintendent respecting equivalent convictions

Accident reports by police officer

Modifications required in respect of northern municipality

Letters patent — Comox Valley Regional District

Comox Valley Regional District — development cost charge bylaws

Definition

Dissolution of Northern Rockies Regional District

Alteration of northern municipality's boundaries and adjoining regional district

Security issuing and loan authorization bylaws

Application of Local Government Act provisions

Interim regulations

Continuation of previous reversion rules for older leases

Continuation of leases for certain disposal well purposes

Disposal of Crown reserves by public auction or tender

Withdrawal from disposition under section 71 and alternative disposition

Judicial justices

Deemed judicial justices

Duties of judicial justices

Power to make ministerial regulations

Adjustments to taxes

Transitional and Confirmation Provisions

Transition — disposal well leases

Transition — supplementary letters patent

Transition — validation of letters patent

Confirmation of corrections to statutes

Commencement

2008 Legislative Session: 4th Session, 38th Parliament
THIRD READING

MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 2), 2008

Transition on dissolution of improvement district or
if area or object of improvement district changed

Comox Valley Regional District —
development cost charge bylaws

Alteration of northern municipality's boundaries
and adjoining regional district