HONOURABLE SHIRLEY BOND
MINISTER OF JUSTICE AND ATTORNEY GENERAL

BILL 33 — 2012

JUSTICE STATUTES AMENDMENT ACT, 2012

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

Commercial Arbitration Act

SECTION 1: [Commercial Arbitration Act, section 2] adds prescribed agreements to the list of agreements to which the Act does not apply.

1 Section 2 (4) of the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, is amended by adding the following paragraph:

(d) an agreement into which the government of British Columbia or the government of Canada has entered that is prescribed for the purposes of this subsection, or to amendments to that agreement, except as provided in the regulations.

Court of Appeal Act

SECTION 2: [Court of Appeal Act, section 7] provides that the rules may establish for which orders leave to appeal must be obtained before an appeal may be brought to the Court of Appeal.

2 Section 7 of the Court of Appeal Act, R.S.B.C. 1996, c. 77, is repealed and the following substituted:

Leave to appeal

7  (1) In this section, "limited appeal order" means an order prescribed under the rules as a limited appeal order.

(2) Despite section 6 (1) of this Act, an appeal does not lie to the court from a limited appeal order without leave being granted by a justice.

(3) In an order granting leave to appeal under this or any other Act, a justice may limit the grounds of appeal.

Election Act

SECTION 3: [Election Act, section 42] replaces the current requirement for door-to-door enumerations before a general election with discretion for the Chief Electoral Officer to determine when and how voter enumerations are to be conducted.

3 Section 42 of the Election Act, R.S.B.C. 1996, c. 106, is repealed and the following substituted:

Enumerations

42  (1) The chief electoral officer may require or authorize one or more district registrars of voters to conduct enumerations of all or part of their electoral districts.

(2) An enumeration may be conducted by residence-to-residence visitation or by another method directed or authorized by the chief electoral officer.

Enforcement of Canadian Judgments and Decrees Act

SECTION 4: [Enforcement of Canadian Judgments and Decrees Act, section 1]

4 Section 1 of the Enforcement of Canadian Judgments and Decrees Act, S.B.C. 2003, c. 29, is amended

(a) in subsection (1) in paragraph (g) of the definition of "Canadian judgment" by striking out "the province or territory where the order was made," and substituting "that province or territory,",

(b) in subsection (1) in the definition of "domestic trade agreement" by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:

(d) a prescribed trade agreement; ,

(c) in subsection (1) in the definition of "domestic trade agreement award" by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:

(d) a prescribed award under a prescribed trade agreement; ,

(d) in subsection (1) by repealing the definition of "enforcing party" and substituting the following:

"enforcing party" means,

(a) in the case of a Canadian judgment that is not a domestic trade agreement award, a person entitled to enforce the Canadian judgment in the province or territory of Canada where the Canadian judgment was made, or

(b) in the case of a Canadian judgment that is a domestic trade agreement award, a person in whose favour the Canadian judgment was made; ,

(e) in subsection (1) by adding the following definitions:

"prescribed trade agreement" means an agreement into which the government of British Columbia or the government of Canada has entered that is prescribed as a prescribed trade agreement;

"province" does not include the Northwest Territories, Yukon or Nunavut; ,

(f) in subsection (2) (a) by striking out "in this Act to a judge, registrar, clerk or other proper officer of the court that made the judgment" and substituting "in section 3 (1) (a) to a judge, registrar, clerk or other proper officer of the court that made the Canadian judgment",

(g) in subsection (2) (a) by striking out "or" at the end of subparagraph (ii), by adding "or" at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) in the case of an award referred to in paragraph (d) of the definition of "domestic trade agreement award" in subsection (1), a reference to the person, or to a member of the panel or other body, that made the award, , and

(h) in subsection (2) by repealing paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:

(c.1) a reference in section 6 (3) (a) and (b) to the judge, court or tribunal that made the Canadian judgment is deemed to be,

(i) in the case of an AIT award, a reference to the presiding body that made the AIT award,

(ii) in the case of a NWPTA award, a reference to the NWPTA panel that made the NWPTA award,

(iii) in the case of a TILMA award, a reference to the TILMA panel that made the TILMA award, or

(iv) in the case of an award referred to in paragraph (d) of the definition of "domestic trade agreement award" in subsection (1) of this section, a reference to the person, panel or other body that made the award.

SECTION 5: [Enforcement of Canadian Judgments and Decrees Act, section 1.1] is consequential to the enactment of section 6 (2) (c) (v) of the Act by this Bill.

5 Section 1.1 is amended

(a) in subsection (1) (b) by striking out "and (c) (i)," and substituting "and (c) (i) and (v),", and

(b) in subsection (2) (b) by striking out "or (c) (i)" and substituting "or (c) (i) or (v)".

SECTION 6: [Enforcement of Canadian Judgments and Decrees Act, sections 2, 3, 5 and 6] harmonizes with other provisions of the Act the language used in relation to Canadian judgments.

6 Sections 2 (1), 3 (1) (a) and (2), 5 (1) (a) and (b) and 6 (2) (a), (b) and (c), (3) (a), (b) and (c) and (4) (a) and (b) are amended by striking out "the judgment" wherever it appears and substituting "the Canadian judgment".

SECTION 7: [Enforcement of Canadian Judgments and Decrees Act, section 2] clarifies that a domestic trade agreement award may be registered under the Act if it constitutes an award in favour of or against the government.

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

(2) A Canadian judgment that requires a person to pay money may not be registered under this Act for the purpose of enforcement unless it is,

(a) in the case of a Canadian judgment that is not a domestic trade agreement award, a final judgment, or

(b) in the case of a Canadian judgment that is a domestic trade agreement award, an award in favour of or against the government.

SECTION 8: [Enforcement of Canadian Judgments and Decrees Act, section 5] clarifies that a domestic trade agreement award must not be registered or enforced under the Act more than 10 years after the date on which it was made.

8 Section 5 is amended

(a) in subsection (1) by striking out "A Canadian judgment" and substituting "A Canadian judgment, other than a Canadian judgment that is a domestic trade agreement award,", and

(b) by adding the following subsection:

(1.1) A Canadian judgment that is a domestic trade agreement award must not be registered or enforced under this Act more than 10 years after the date on which the Canadian judgment was made.

SECTION 9: [Enforcement of Canadian Judgments and Decrees Act, sections 5 and 6] harmonizes with other provisions of the Act the language used in relation to provinces and territories.

9 Sections 5 (1) (a) and (b) and 6 (2) (c) (ii) and (iii) and (3) (a) (ii) are amended by adding "of Canada" after "province or territory".

SECTION 10: [Enforcement of Canadian Judgments and Decrees Act, section 6] harmonizes with other provisions of the Act the language used in relation to Canadian judgments and provides that the enforcement of a domestic trade agreement award may be stayed or limited if the domestic trade agreement award is suspended or otherwise ineffective.

10 Section 6 (2) (c) is amended

(a) in subparagraph (iv) by striking out "judgement" and substituting "Canadian judgment", and

(b) by striking out "or" at the end of subparagraph (iii), by adding ", or" at the end of subparagraph (iv) and by adding the following subparagraph:

(v) the Canadian judgment is a domestic trade agreement award and the ability to enforce that domestic trade agreement award is, under the terms of the domestic trade agreement, suspended or otherwise ineffective.

SECTION 11: [Enforcement of Canadian Judgments and Decrees Act, section 7] harmonizes with other provisions of the Act the language used in relation to Canadian judgments and clarifies that interest on domestic trade agreement awards is to be determined in accordance with the laws of British Columbia.

11 Section 7 (2) is amended

(a) in paragraph (a) by striking out "that judgment" and substituting "the Canadian judgment", and

(b) by repealing paragraph (b) and substituting the following:

(b) interest that has accrued to that date under,

(i) in the case of a Canadian judgment that is not a domestic trade agreement award, the laws applicable to the calculation of interest on the Canadian judgment in the province or territory of Canada where it was made, or

(ii) in the case of a Canadian judgment that is a domestic trade agreement award, the laws of British Columbia.

SECTION 12: [Enforcement of Canadian Judgments and Decrees Act, section 10.1] provides regulation-making authority respecting any matter for which regulations are contemplated by the Act.

12 The following section is added:

Regulations

10.1  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting any matter for which regulations are contemplated by this Act.

Family Law Act

SECTION 13: [Family Law Act, section 315] is consequential to the repeal and replacement by this Bill of section 7 of the Court of Appeal Act.

13 Section 315 of the Family Law Act, S.B.C. 2011, c. 25, is repealed.

Interjurisdictional Support Orders Act

SECTION 14: [Interjurisdictional Support Orders Act, section 1] clarifies that recalculations of support orders by administrative bodies are included in the definition of "support order".

14 Section 1 (1) of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, is amended by repealing the definition of "support order" and substituting the following:

"support order" means an order or interim order, made by a court or by an administrative body, that requires the payment of support, and includes

(a) the provisions of a written agreement requiring the payment of support if those provisions are enforceable in the jurisdiction in which the agreement was made as if they were contained in an order of a court or administrative body of that jurisdiction, and

(b) a statement of recalculation of the payment of support for a child or a document similar in nature (the "recalculation") made by an administrative body, if the recalculation is enforceable in the jurisdiction in which the recalculation was made as if it were an order of, or were contained in an order of, a court of that jurisdiction.

SECTION 15: [Interjurisdictional Support Orders Act, sections 5 and 25] harmonizes the language of the Act, as it relates to residence, with similar legislation of other provinces and with the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

15 Sections 5 (1) and 25 (1) are amended by striking out "ordinarily resides in British Columbia and believes that the respondent ordinarily resides" and substituting "resides in British Columbia and believes that the respondent habitually resides".

SECTION 16: [Interjurisdictional Support Orders Act, sections 5 to 7, 9, 25 to 27, 29 and 31] harmonizes the language of the Act, as it relates to residence, with similar legislation of other provinces and with the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

16 Sections 5 (2) (b), 6 (2) (b), 7 (1) (b), 9 (1), (2) and (3) (b), 25 (2) (c), 26 (2) (b), 27 (1) (b), 29 (1), (2) and (3) (b) and 31 (3) (b) (i) are amended by striking out "ordinarily" and substituting "habitually".

SECTION 17: [Interjurisdictional Support Orders Act, sections 7, 27 and 34] harmonizes the language of the Act, as it relates to residence, with similar legislation of other provinces.

17 Sections 7 (1) (a), 27 (1) (a) and 34 (a) are amended by striking out "ordinarily".

SECTION 18: [Interjurisdictional Support Orders Act, sections 9 and 29] harmonizes the language of the Act, as it relates to residence, with similar legislation of other provinces and with the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

18 Sections 9 (3) (a) and 29 (3) (a) are amended by adding "habitually" after "respondent".

SECTION 19: [Interjurisdictional Support Orders Act, sections 10 and 30] reduces from 18 months to 12 months the period within which a claimant must provide further information and documents requested before the court may dismiss a support application or support variation application and terminate an interim support order or an interim support variation order.

19 Sections 10 (3) and 30 (3) are amended by striking out "18" and substituting "12".

SECTION 20: [Interjurisdictional Support Orders Act, section 12] provides that on an application to establish a support order, the court must first apply the law of British Columbia and then, if under that law there is no entitlement to support for a child, apply the law of the jurisdiction in which the child habitually resides.

20 Section 12 is amended

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

(1) In determining entitlement to support for a child, the British Columbia court must,

(a) subject to paragraph (b), apply the law of British Columbia, and

(b) if there is no entitlement to support for the child under the law of British Columbia, apply the law of the jurisdiction in which the child habitually resides. , and

(b) in subsection (3) (b) by striking out "paragraph (a)," and substituting "the law of British Columbia,".

SECTION 21: [Interjurisdictional Support Orders Act, section 13] establishes a presumption in relation to an order made under this section that, unless the order provides otherwise, the British Columbia court that made the order applied British Columbia law in determining entitlement to support.

21 Section 13 is amended by adding the following subsection:

(4) If an order made under this section does not specify the law that was applied to determine entitlement to child support, it is presumed that the British Columbia court applied the law of British Columbia for that purpose.

SECTION 22: [Interjurisdictional Support Orders Act, section 18]

22 Section 18 is amended by adding the following subsections:

(4.1) Unless otherwise stated in the order, if an order registered under subsection (1) creates an obligation to pay support, the duration of that obligation is governed by the law of the jurisdiction under which law the order was made.

(4.2) Despite subsection (4.1), if the director is unable to determine the duration of the obligation to pay support based on information received from the person seeking to have the order enforced in British Columbia or from the reciprocating jurisdiction, the director may apply British Columbia law to determine the duration of the obligation to pay support.

SECTION 23: [Interjurisdictional Support Orders Act, section 19]

23 Section 19 is amended

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

(1) After registration of a foreign order under section 18, the British Columbia court must send notice of the registration to

(a) the party required to pay support under the order, whether or not that party habitually resides in British Columbia, and

(b) every other party to the order who resides in British Columbia. , and

(b) by repealing subsection (4) and substituting the following:

(4) For the purpose of subsection (3) (b) (iii), the British Columbia court must consider the foreign court or administrative body to have had jurisdiction if the British Columbia court determines that

(a) both parties to the foreign order habitually resided in the reciprocating jurisdiction outside Canada, or

(b) a party did not habitually reside in the reciprocating jurisdiction outside Canada but was, under British Columbia's conflict of law rules, subject to the jurisdiction of the foreign court or administrative body that made the foreign order.

SECTION 24: [Interjurisdictional Support Orders Act, section 31]

24 Section 31 is amended

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

(a) subject to paragraph (b), apply the law of British Columbia, and

(b) if there is no entitlement to support for the child under the law of British Columbia, apply the law of the jurisdiction in which the child habitually resides. , and

(b) in subsection (2) by striking out "the jurisdiction in which the person liable to pay the support ordinarily resides." and substituting "British Columbia."

SECTION 25: [Interjurisdictional Support Orders Act, heading to Division 3 of Part 4] clarifies the subject matter of Division 3 of Part 4.

25 The heading to Division 3 of Part 4 is amended by striking out "Registered".

SECTION 26: [Interjurisdictional Support Orders Act, section 35] clarifies the ability of the British Columbia court to vary support orders made in British Columbia and provides that the British Columbia court must, when varying a support order under this section, apply the law that would have applied if the order had been made in British Columbia.

26 Section 35 (1) is amended

(a) by striking out "registered in British Columbia under Part 3 of" and substituting "made or registered in British Columbia under", and

(b) by adding "or" at the end of paragraph (a) and by repealing paragraphs (b) and (c) and substituting the following:

(c) the respondent habitually resides in British Columbia.

SECTION 27: [Interjurisdictional Support Orders Act, section 39]

27 Section 39 is repealed and the following substituted:

Order or application not expressed in Canadian currency

39  (1) In this section:

"foreign support amount" means the amount of support referred to in a foreign support order;

"foreign support order" means an order or other document made in a reciprocating jurisdiction that refers to an amount of support that is not expressed in Canadian currency.

(2) If a foreign support order is received by a designated authority or a British Columbia court,

(a) the designated authority must convert the foreign support amount into Canadian currency in accordance with the regulations, and

(b) after that, the director or, if the foreign support order is not filed with the director, the designated authority, may, from time to time, revise the conversion into Canadian currency of the foreign support amount to reflect current conversion rates.

SECTION 28: [Interjurisdictional Support Orders Act, section 45.1] clarifies that sections 10 (3), 12, 30 (3) and 31 of the Act, as amended by this Bill, are to be applied to matters arising on or after the date on which the applicable subsections of this section come into force, and that for any matters that arise previously to that, the Act as it read before the coming into force of the amendments effected by this Bill is to apply.

28 The following section is added:

Transition — sections 10, 12, 30 and 31

45.1 (1) Section 10 (3) applies to a direction of the British Columbia court under section 10 (2) (a) made on or after the coming into force of this subsection, and a direction of the British Columbia court made before the coming into force of this subsection is governed by section 10 (3) as it read immediately before that date.

(2) Section 12 applies in respect of a support application heard by the British Columbia court on or after the coming into force of this subsection, and section 12, as it read immediately before the coming into force of this subsection, applies in respect of a support application heard by the British Columbia court before that date.

(3) Section 30 (3) applies to a direction of the British Columbia court under section 30 (2) (a) made on or after the coming into force of this subsection, and a direction of the British Columbia court made before the coming into force of this subsection is governed by section 30 (3) as it read immediately before that date.

(4) Section 31 applies in respect of a support application heard by the British Columbia court on or after the coming into force of this subsection, and section 31, as it read immediately before the coming into force of this subsection, applies in respect of a support application heard by the British Columbia court before that date.

Motor Vehicle Act

SECTION 29: [Motor Vehicle Act, section 6] adds repairer's licences to the list of licences set out in section 6 of the Act and amends cross references, consequential to the repeal by this Bill of sections 42 and 44 of the Act.

29 Section 6 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by repealing paragraphs (d) and (e) and substituting the following:

(d) a manufacturer's licence, repairer's licence or transporter's licence under section 41; .

SECTION 30: [Motor Vehicle Act, section 23] clarifies that regulations under
section 23 (1) (a) of the Act may delegate powers to or confer discretion on the Insurance Corporation of British Columbia with respect to the determination of whether driver's licence classes and offences in other jurisdictions are similar to driver's licence classes and offences in British Columbia.

30 Section 23 is amended by adding the following subsection:

(2.1) For the purposes of a regulation under subsection (1) (a), the Lieutenant Governor in Council may do one or more of the following:

(a) delegate to the Insurance Corporation of British Columbia the power to determine whether a class of driver's licence issued by another jurisdiction is similar to a class of driver's licence prescribed under this Act;

(b) delegate to the Insurance Corporation of British Columbia the power to determine whether an offence under a law of another jurisdiction is similar to

(i) an offence under this Act, or

(ii) a motor vehicle related offence under the Criminal Code;

(c) confer a discretion on the Insurance Corporation of British Columbia with respect to a matter described in paragraph (a) or (b).

SECTION 31: [Motor Vehicle Act, section 32] removes the requirement for a parent or guardian to provide an affidavit when applying for a driver's licence on behalf of a minor.

31 Section 32 is amended by striking out "verified by affidavit".

SECTION 32: [Motor Vehicle Act, sections 41 to 44] repeals and replaces section 41 of the Act, repeals sections 42 to 44 of the Act, consolidates manufacturer's licences, repairer's licences and transporter's licences into one section, and updates and provides the Insurance Corporation of British Columbia with greater flexibility respecting the issue and use of these types of licences.

32 Sections 41 to 44 are repealed and the following substituted:

Manufacturer's, repairer's and transporter's licences

41  (1) In this section:

"manufacturer's licence" means a licence issued under subsection (4) (a) to a person described in subsection (2) (a);

"repairer's licence" means a licence issued under subsection (4) (a) to a person described in subsection (2) (b);

"transporter's licence" means a licence issued under subsection (4) (a) to a person described in subsection (2) (c).

(2) A person may apply to the Insurance Corporation of British Columbia for a licence under this section as follows:

(a) a person who carries on the business of manufacturing motor vehicles or trailers may apply for a manufacturer's licence;

(b) a person who carries on the business of repairing or servicing motor vehicles or trailers may apply for a repairer's licence;

(c) a person who carries on the business of transporting motor vehicles or trailers may apply for a transporter's licence.

(3) An application under subsection (2) must be

(a) in the form and contain the information required by the Insurance Corporation of British Columbia,

(b) completed and delivered in the manner required by the Insurance Corporation of British Columbia, and

(c) accompanied by payment of

(i) the prescribed fee, and

(ii) the insurance premium established under the Insurance (Vehicle) Act.

(4) If satisfied that an application meets the requirements under subsection (3), and that the facts stated in the application are true, the Insurance Corporation of British Columbia may issue to the applicant

(a) a manufacturer's licence, repairer's licence or transporter's licence, as the case may be, in the form established by the corporation, and

(b) one number plate, corresponding to the licence issued under paragraph (a), of a material and design determined by the corporation.

(5) A number plate issued under subsection (4) (b) is and remains the property of the Insurance Corporation of British Columbia.

(6) The Insurance Corporation of British Columbia may impose restrictions and conditions on a manufacturer's licence, repairer's licence or transporter's licence.

(7) If the Insurance Corporation of British Columbia imposes a restriction or condition on a manufacturer's licence, repairer's licence or transporter's licence, the licence must clearly state the restriction or condition.

(8) If a motor vehicle or trailer displays a number plate issued under subsection (4) (b), a person must not use or operate the motor vehicle or trailer on a highway except under authority of a valid and subsisting manufacturer's licence, repairer's licence or transporter's licence that corresponds to the number plate.

(9) A person who is using or operating a motor vehicle or trailer on a highway under authority of a manufacturer's licence, repairer's licence or transporter's licence must

(a) comply with the restrictions and conditions of the licence,

(b) ensure that the number plate that corresponds to the licence is displayed on the motor vehicle or trailer in the manner prescribed by the regulations,

(c) carry the licence in or on the motor vehicle or trailer, and

(d) produce the licence on demand of a peace officer.

(10) A motor vehicle or trailer that is used or operated on a highway under authority of a manufacturer's licence, repairer's licence or transporter's licence is deemed sufficiently registered and licensed for the purposes of this Act and the Commercial Transport Act.

(11) If the holder of a manufacturer's licence, repairer's licence or transporter's licence ceases to carry on the business of manufacturing, repairing or servicing or transporting motor vehicles or trailers, as the case may be, the licence holder must immediately surrender the following to the Insurance Corporation of British Columbia:

(a) the licence;

(b) the number plate associated with the licence.

SECTION 33: [Motor Vehicle Act, section 83.1] is consequential to amendments made by this Bill repealing sections 42 and 44 of the Act and transferring the same subject matter to section 41 of the Act.

33 Section 83.1 (1) is amended in paragraph (c) of the definition of "owner" by striking out "section 38, 41, 42 or 44;" and substituting "section 38 or 41;".

SECTION 34: [Motor Vehicle Act, section 118.4] removes the right to request a show cause hearing when the Insurance Corporation of British Columbia proposes to refuse to renew or to suspend a driver training school licence or driver training instructor's licence, consequential to amendments made by this Bill to section 118.7 of the Act, which amendments provide for a post-decision appeal of those decisions.

34 Section 118.4 (a) and (b) is repealed and the following substituted:

(a) the cancellation of the person's driver training school licence;

(b) the cancellation of the person's driver training instructor's licence; .

SECTION 35: [Motor Vehicle Act, section 118.7] provides a right to appeal to the superintendent a decision by the Insurance Corporation of British Columbia to refuse to renew or to suspend a driver training school licence or driver training instructor's licence.

35 Section 118.7 is amended

(a) in paragraph (d) by striking out "driving school licence or a driving trainer's instructor's licence;" and substituting "driver training school licence or a driver training instructor's licence;", and

(b) by adding the following paragraphs:

(d.1) the refusal to renew the person's driver training school licence or driver training instructor's licence;

(d.2) the suspension of the person's driver training school licence or driver training instructor's licence; .

SECTION 36: [Motor Vehicle Act, section 210] clarifies that regulations respecting driver training may confer discretion on or delegate matters to the Insurance Corporation of British Columbia.

36 Section 210 (2) (c) is repealed and the following substituted:

(c) respecting the training of drivers of motor vehicles and the persons and firms engaged in the training of drivers of motor vehicles, including, without limitation, regulations that do either or both of the following:

(i) confer a discretion on the Insurance Corporation of British Columbia;

(ii) delegate a matter to the Insurance Corporation of British Columbia; .

SECTION 37: [Motor Vehicle Act, section 210] authorizes regulations to designate employees of the Insurance Corporation of British Columbia as constables or peace officers for the purpose of enforcing prescribed provisions of the Act and regulations.

37 Section 210 (3) is amended by adding the following paragraph:

(n.1) empowering a person employed by the Insurance Corporation of British Columbia, designated by name or position, to exercise the powers and perform the duties of a constable or peace officer for the purpose of enforcing prescribed provisions of this Act and prescribed provisions of regulations made under this Act; .

Offence Act

SECTION 38: [Offence Act, section 1] amends the definition of "ticketed amount" consequential to the amendments made by this Bill to section 132 of the Act.

38 Section 1 of the Offence Act, R.S.B.C. 1996, c. 338, is amended in the definition of "ticketed amount" by repealing paragraph (a) and substituting the following:

(a) the fine prescribed for the contravention or, if 2 fines are prescribed for the contravention, the fine payable at the time of payment; .

SECTION 39: [Offence Act, section 132] clarifies that if one fine is prescribed under section 132 (2) (d) in respect of a contravention of an enactment, the prescribed fine is both the fine if paid on or before a set date and the fine if paid after the set date.

39 Section 132 is amended by adding the following subsection:

(2.1) For greater certainty, if one fine is prescribed under subsection (2) (d), the fine is both

(a) the fine that applies if paid on or before the 30th day from the date of service under section 14 (5) or mailing under section 14 (6) of a violation ticket, and

(b) the fine that applies if paid after the 30th day from the date of service under section 14 (5) or mailing under section 14 (6) of a violation ticket.

Commencement

40  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 Sections 1 and 2 By regulation of the Lieutenant Governor in Council
3 Sections 4 to 37 By regulation of the Lieutenant Governor in Council
4 Section 39 July 1, 2003

 
Explanatory Notes

SECTION 1: [Commercial Arbitration Act, section 2] adds prescribed agreements to the list of agreements to which the Act does not apply.

SECTION 2: [Court of Appeal Act, section 7] provides that the rules may establish for which orders leave to appeal must be obtained before an appeal may be brought to the Court of Appeal.

SECTION 3: [Election Act, section 42] replaces the current requirement for door-to-door enumerations before a general election with discretion for the Chief Electoral Officer to determine when and how voter enumerations are to be conducted.

SECTION 4: [Enforcement of Canadian Judgments and Decrees Act, section 1]

SECTION 5: [Enforcement of Canadian Judgments and Decrees Act, section 1.1] is consequential to the enactment of section 6 (2) (c) (v) of the Act by this Bill.

SECTION 6: [Enforcement of Canadian Judgments and Decrees Act, sections 2, 3, 5 and 6] harmonizes with other provisions of the Act the language used in relation to Canadian judgments.

SECTION 7: [Enforcement of Canadian Judgments and Decrees Act, section 2] clarifies that a domestic trade agreement award may be registered under the Act if it constitutes an award in favour of or against the government.

SECTION 8: [Enforcement of Canadian Judgments and Decrees Act, section 5] clarifies that a domestic trade agreement award must not be registered or enforced under the Act more than 10 years after the date on which it was made.

SECTION 9: [Enforcement of Canadian Judgments and Decrees Act, sections 5 and 6] harmonizes with other provisions of the Act the language used in relation to provinces and territories.

SECTION 10: [Enforcement of Canadian Judgments and Decrees Act, section 6] harmonizes with other provisions of the Act the language used in relation to Canadian judgments and provides that the enforcement of a domestic trade agreement award may be stayed or limited if the domestic trade agreement award is suspended or otherwise ineffective.

SECTION 11: [Enforcement of Canadian Judgments and Decrees Act, section 7] harmonizes with other provisions of the Act the language used in relation to Canadian judgments and clarifies that interest on domestic trade agreement awards is to be determined in accordance with the laws of British Columbia.

SECTION 12: [Enforcement of Canadian Judgments and Decrees Act, section 10.1] provides regulation-making authority respecting any matter for which regulations are contemplated by the Act.

SECTION 13: [Family Law Act, section 315] is consequential to the repeal and replacement by this Bill of section 7 of the Court of Appeal Act.

SECTION 14: [Interjurisdictional Support Orders Act, section 1] clarifies that recalculations of support orders by administrative bodies are included in the definition of "support order".

SECTION 15: [Interjurisdictional Support Orders Act, sections 5 and 25] harmonizes the language of the Act, as it relates to residence, with similar legislation of other provinces and with the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

SECTION 16: [Interjurisdictional Support Orders Act, sections 5 to 7, 9, 25 to 27, 29 and 31] harmonizes the language of the Act, as it relates to residence, with similar legislation of other provinces and with the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

SECTION 17: [Interjurisdictional Support Orders Act, sections 7, 27 and 34] harmonizes the language of the Act, as it relates to residence, with similar legislation of other provinces.

SECTION 18: [Interjurisdictional Support Orders Act, sections 9 and 29] harmonizes the language of the Act, as it relates to residence, with similar legislation of other provinces and with the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

SECTION 19: [Interjurisdictional Support Orders Act, sections 10 and 30] reduces from 18 months to 12 months the period within which a claimant must provide further information and documents requested before the court may dismiss a support application or support variation application and terminate an interim support order or an interim support variation order.

SECTION 20: [Interjurisdictional Support Orders Act, section 12] provides that on an application to establish a support order, the court must first apply the law of British Columbia and then, if under that law there is no entitlement to support for a child, apply the law of the jurisdiction in which the child habitually resides.

SECTION 21: [Interjurisdictional Support Orders Act, section 13] establishes a presumption in relation to an order made under this section that, unless the order provides otherwise, the British Columbia court that made the order applied British Columbia law in determining entitlement to support.

SECTION 22: [Interjurisdictional Support Orders Act, section 18]

SECTION 23: [Interjurisdictional Support Orders Act, section 19]

SECTION 24: [Interjurisdictional Support Orders Act, section 31]

SECTION 25: [Interjurisdictional Support Orders Act, heading to Division 3 of Part 4] clarifies the subject matter of Division 3 of Part 4.

SECTION 26: [Interjurisdictional Support Orders Act, section 35] clarifies the ability of the British Columbia court to vary support orders made in British Columbia and provides that the British Columbia court must, when varying a support order under this section, apply the law that would have applied if the order had been made in British Columbia.

SECTION 27: [Interjurisdictional Support Orders Act, section 39]

SECTION 28: [Interjurisdictional Support Orders Act, section 45.1] clarifies that sections 10 (3), 12, 30 (3) and 31 of the Act, as amended by this Bill, are to be applied to matters arising on or after the date on which the applicable subsections of this section come into force, and that for any matters that arise previously to that, the Act as it read before the coming into force of the amendments effected by this Bill is to apply.

SECTION 29: [Motor Vehicle Act, section 6] adds repairer's licences to the list of licences set out in section 6 of the Act and amends cross references, consequential to the repeal by this Bill of sections 42 and 44 of the Act.

SECTION 30: [Motor Vehicle Act, section 23] clarifies that regulations under
section 23 (1) (a) of the Act may delegate powers to or confer discretion on the Insurance Corporation of British Columbia with respect to the determination of whether driver's licence classes and offences in other jurisdictions are similar to driver's licence classes and offences in British Columbia.

SECTION 31: [Motor Vehicle Act, section 32] removes the requirement for a parent or guardian to provide an affidavit when applying for a driver's licence on behalf of a minor.

SECTION 32: [Motor Vehicle Act, sections 41 to 44] repeals and replaces section 41 of the Act, repeals sections 42 to 44 of the Act, consolidates manufacturer's licences, repairer's licences and transporter's licences into one section, and updates and provides the Insurance Corporation of British Columbia with greater flexibility respecting the issue and use of these types of licences.

SECTION 33: [Motor Vehicle Act, section 83.1] is consequential to amendments made by this Bill repealing sections 42 and 44 of the Act and transferring the same subject matter to section 41 of the Act.

SECTION 34: [Motor Vehicle Act, section 118.4] removes the right to request a show cause hearing when the Insurance Corporation of British Columbia proposes to refuse to renew or to suspend a driver training school licence or driver training instructor's licence, consequential to amendments made by this Bill to section 118.7 of the Act, which amendments provide for a post-decision appeal of those decisions.

SECTION 35: [Motor Vehicle Act, section 118.7] provides a right to appeal to the superintendent a decision by the Insurance Corporation of British Columbia to refuse to renew or to suspend a driver training school licence or driver training instructor's licence.

SECTION 36: [Motor Vehicle Act, section 210] clarifies that regulations respecting driver training may confer discretion on or delegate matters to the Insurance Corporation of British Columbia.

SECTION 37: [Motor Vehicle Act, section 210] authorizes regulations to designate employees of the Insurance Corporation of British Columbia as constables or peace officers for the purpose of enforcing prescribed provisions of the Act and regulations.

SECTION 38: [Offence Act, section 1] amends the definition of "ticketed amount" consequential to the amendments made by this Bill to section 132 of the Act.

SECTION 39: [Offence Act, section 132] clarifies that if one fine is prescribed under section 132 (2) (d) in respect of a contravention of an enactment, the prescribed fine is both the fine if paid on or before a set date and the fine if paid after the set date.