Bill 23 – 2015: Miscellaneous Statutes Amendment Act, 2015

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

SECTION 1: [Maa-nulth First Nations Final Agreement Act, section 13.2] implements amendments to the Maa-nulth First Nations foreshore agreements by authorizing the court to make and enforce prohibitions, directions and compensation and costs orders.

1 Section 13.2 of the Maa-nulth First Nations Final Agreement Act, S.B.C. 2007, c. 43, is amended by adding the following subsections:

(3.1) If a person is convicted of an offence against a Maa-nulth First Nation Law enacted under law-making authority delegated to a Maa-nulth First Nation in a foreshore agreement, in addition to any penalty provided for in the Maa-nulth First Nation Law, on application by the applicable Maa-nulth First Nation, the court may make an order

(a) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(b) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(3.2) An order under subsection (3.1) must specify the duration of the order, which may not exceed one year.

(3.3) A person who fails to comply with an order under subsection (3.1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

(3.4) For the purposes of section 13.33.7 of Chapter 13 [Governance] of the Maa-nulth First Nations Final Agreement, a fine imposed in a prosecution of an offence under subsection (3.3) is deemed to be a fine imposed for a violation of a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation.

(3.5) If a person is convicted of an offence against a law referred to in subsection (3.1) of this section, on application by the applicable Maa-nulth First Nation for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

(a) to pay to the applicable Maa-nulth First Nation compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act, for any damage or loss sustained by that Maa-nulth First Nation because of the commission of the offence, and

(b) in accordance with the schedule of costs prescribed under section 132 (2) (h) of the Offence Act, if any, to pay to the applicable Maa-nulth First Nation the costs incurred by that Maa-nulth First Nation in investigating and prosecuting the person.

(3.6) In the case of a dispute, the amount of compensation payable under subsection (3.5) (a) must be proven on a balance of probabilities by the applicable Maa-nulth First Nation.

(3.7) An order under subsection (3.5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

SECTION 2: [Natural Products Marketing (BC) Act, section 1]

adds a definition of "biosecurity program";
adds packing and storing to the list of activities that comprise marketing.

2 Section 1 of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended

"biosecurity program" means a program that, for the purpose of protecting and promoting the safety of a natural product, does one or more of the following:

(b) in the definition of "marketing" by striking out "producing, buying, selling," and substituting "producing, packing, buying, selling, storing,".

SECTION 3: [Natural Products Marketing (BC) Act, section 2]

extends the purpose and intent of the Act to include mandatory biosecurity and insurance programs for producers;
changes terminology, consequential to the amendments made to sections 1 and 2 of the Act by this Bill and for consistency within the section.

(1) The purpose and intent of this Act is to provide for the promotion, control and regulation of the marketing of natural products, including

(b) the establishment of biosecurity programs, and the imposition of requirements in relation to insurance, for those engaged in the production of natural products. ,

(b) in subsection (2) (a) by striking out "in British Columbia of the production, transportation, packing, storage and marketing" and substituting "of the marketing",

(c) vest in those marketing boards and commissions the powers considered necessary or advisable to enable them to carry out effectively the purpose and intent of this Act. , and

(d) in subsection (4) by striking out "the scheme the board" and substituting "the scheme that the marketing board or commission".

SECTION 4: [Natural Products Marketing (BC) Act, section 6] makes wording consistent with defined terms.

4 Section 6 is amended by striking out "the board or commission" and substituting "the marketing board or commission".

SECTION 5: [Natural Products Marketing (BC) Act, sections 8 to 8.2] changes terminology for consistency with defined terms.

5 Sections 8 (8), 8.1 (2) and 8.2 are amended by striking out "commodity board or commission" wherever it appears and substituting "marketing board or commission".

SECTION 6: [Natural Products Marketing (BC) Act, sections 10 and 12] adds words, consequential to the amendments made to section 2 of the Act by this Bill.

6 Sections 10 (1) and 12 (1) are amended by adding "promotion, control and regulation of the" before "marketing of a regulated product".

SECTION 7: [Natural Products Marketing (BC) Act, section 11] changes terminology, consequential to the amendments made to section 1 of the Act by this Bill and for consistency with defined terms.

(a) in paragraph (a) by striking out "produced, packed, stored, transported or",

(b) in paragraph (b) by striking out "transported, produced, packed, stored or",

(d) in paragraphs (e) and (f) by striking out "production, packing, transporting, storing or",

(e) in paragraph (g) by striking out "producing, packing, transporting, storing or marketing" and substituting "engaged in the marketing of",

(f) in paragraph (j) by striking out "production, packing, transporting, storing and marketing of a regulated product from all persons engaged in those activities," and substituting "marketing of a regulated product from all persons engaged in marketing activities,",

(g) in paragraph (n) by striking out "kept, transported, produced, packed, stored or" and substituting "kept or",

(i) in paragraph (p) by striking out "the board" in both places and substituting "the marketing board or commission".

SECTION 8: [Natural Products Marketing (BC) Act, section 13]

extends powers of the Lieutenant Governor in Council to make orders respecting schemes to apply to marketing boards, consequential to the amendment made to section 14 of the Act by this Bill, and clarifies an ambiguous reference to the objects of those schemes;
changes terminology, consequential to the amendments made to section 1 of the Act by this Bill.

(a) by adding "a marketing board is established under section 10 or" before "a commission",

(b) by striking out "the objects of which are:" and substituting "the objects of those schemes being the following:", and

SECTION 9: [Natural Products Marketing (BC) Act, section 14]

extends to marketing boards powers to establish quality standards and to carry out advertising, educational and research programs;
empowers marketing boards and commissions to establish biosecurity programs and to require insurance coverage;
empowers the chief veterinarian, provincial health officer and the Provincial board to issue binding directives with respect to biosecurity programs;
removes redundant words.

(b) in subsection (1) by striking out "In addition to powers that the Lieutenant Governor in Council may vest in a commission under section 11, the commission may," and substituting "In addition to exercising any powers vested under section 11, a marketing board or commission may,",

(a.1) establish or designate a biosecurity program, and require persons engaged in the production of a natural product to implement or comply with the biosecurity program,

(a.2) require persons engaged in the production of a natural product to maintain insurance, as specified by the marketing board or commission, against losses resulting from

(ii) a notifiable or reportable disease within the meaning of the Animal Health Act, and , and

(2) The following persons may issue directives with respect to biosecurity programs:

(3) If a directive is issued under subsection (2), a marketing board or commission to which the directive applies must implement the directive.

SECTION 10: [Natural Products Marketing (BC) Act, section 16]

empowers inspectors to require the production of records and the taking of samples, consequential to the amendment made to section 14 of the Act and the enactment of section 16.1 of the Act by this Bill;
removes excess wording, and changes terminology for consistency with defined terms.

(1.1) The powers under subsection (2) may be exercised if the Provincial board, a marketing board, a commission, or a member of one them, has reasonable grounds to believe that a person is not complying with

(a) a provision of this Act or of a regulation, scheme, rule or requirement made under this Act or the federal Act, or

(1.2) Nothing in this section affects the exercise by a marketing board or commission of the powers referred to in section 11 (1) (j). ,

(b) in subsection (2) by striking out everything before paragraph (a) and substituting "The Provincial board, marketing board, commission or person designated under subsection (1) may do one or more of the following for the purpose of inspecting and examining a regulated product:",

(c) in subsection (2) (a) and (c) by striking out "board, commission" and substituting "Provincial board, marketing board, commission",

(d) in subsection (2) (b) by striking out "a vehicle or other form of conveyance" and substituting "the vehicle or conveyance referred to in paragraph (a)",

(e) in subsection (3) (a) by striking out ", to give all reasonable assistance in connection with the stoppage, detention, entry, inspection or examination and, for those purposes, require that person to attend at the vehicle, conveyance, land or premises, and",

(i) to assist with the stoppage, detention, entry, inspection or examination and, for those purposes, require that person to attend at the vehicle, conveyance, land or premises,

(iii) to provide samples of a natural product or a thing used in relation to the marketing of a natural product, or assist in taking samples, and , and

(g) in subsection (3) (b) by striking out everything before subparagraph (i) and substituting "if, during an inspection or examination, it appears that there is non-compliance as described in subsection (1.1), seize and take away, for the purpose of evidence,".

SECTION 11: [Natural Products Marketing (BC) Act, section 16.1] empowers marketing boards and commissions to impose requirements to enable monitoring of compliance with biosecurity programs.

Monitoring biosecurity programs

16.1 For the purpose of monitoring compliance with a biosecurity program, a marketing board or commission may, without limiting any other power of a marketing board or commission under this Act, require a person who is subject to the biosecurity program to do one or more of the following:

(c) take a sample of a natural product or a thing used in relation to the production of a natural product, submit a sample to a specified person or permit a specified person to take a sample;

(d) permit a person designated under section 16 (1) or another specified person to

(iii) examine equipment or a natural product found in or on a vehicle, conveyance, land or premises, or

(iv) question the person who is subject to the biosecurity program or an employee of that person.

SECTION 12: [Natural Products Marketing (BC) Act, sections 16.2 and 16.3]

empowers marketing boards and commissions to impose administrative penalties in response to failures to comply with biosecurity programs, and to take administrative actions until administrative penalties are paid;
provides for the recovery of administrative penalties that have not been paid.

Administrative action for failure to comply
with biosecurity program

16.2 (1) If satisfied on a balance of probabilities that a person who is subject to a biosecurity program has failed to comply with a requirement of the program, a marketing board or commission may

(b) if an administrative penalty is imposed, suspend or withhold any licence or certificate issued by the marketing board or commission to the person until the administrative penalty is paid.

(a) by serving notice of the administrative penalty in a manner approved by the Provincial board, and

(b) in accordance with any policies and procedures approved by the Provincial board.

(3) Before a marketing board or commission imposes an administrative penalty on a person, the marketing board or commission must consider the following:

(a) must pay the administrative penalty within 30 days from receiving notice under subsection (2), and

(b) may dispute the administrative penalty, or the amount of the administrative penalty, by doing both of the following within 30 days from receiving notice under subsection (2):

(ii) after the administrative penalty has been paid, appeal to the Provincial board under section 8.

(5) If a corporation fails to comply with a requirement of a biosecurity program, an employee, an officer, a director or an agent of the corporation who authorized, permitted or acquiesced in the contravention is also liable under this section even though the corporation is liable for or pays an administrative penalty.

(6) The sanctions provided for in this section apply in addition to any fines, penalties, orders, rules, determinations or decisions that may be imposed or made under this Act.

Recovery of administrative penalties

16.3 (1) An administrative penalty under section 16.2 may be recovered as a debt due to the government.

(2) If a person fails to pay an administrative penalty as required, the marketing board or commission that imposed the administrative penalty may file with the Supreme Court a certified copy of the notice referred to in section 16.2 (2) (a).

(3) A notice filed under subsection (2) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.

(4) All administrative penalties received under this Division must be paid into the consolidated revenue fund.

SECTION 13: [Natural Products Marketing (BC) Act, section 18] changes terminology, consequential to the amendments made to sections 1 and 16 of the Act by this Bill.

(a) a provision of this Act or of a regulation, scheme, rule or requirement made under this Act or the federal Act, or

(b) an order, determination or decision made under this Act or the federal Act. , and

SECTION 14: [Natural Products Marketing (BC) Act, section 24]

adds a reference to commissions;
changes terminology for consistency with defined terms.

14 Section 24 is amended by striking out "in a board or person under this Act" and substituting "in the Provincial board, a marketing board, a commission or a person under this Act".

SECTION 15: [Prevention of Cruelty to Animals Act, section 12] authorizes a registered veterinarian to destroy, or have destroyed, an animal in critical distress.

15 Section 12 (2) of the Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, is amended by striking out "critical distress, the authorized agent" and substituting "critical distress, the registered veterinarian or authorized agent".

SECTION 16: [Prevention of Cruelty to Animals Act, section 25.2] extends statutory immunity to registered veterinarians who perform duties or exercise powers under section 12 of the Act as amended by this Bill.

(1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a registered veterinarian because of anything done or omitted

Transitional Provision

SECTION 17: [Natural Products Marketing (BC) Act transition – existing biosecurity programs] retroactively validates biosecurity programs established or designated before the coming into force of section 14 (1) (a.1) of the Act as enacted by this Bill.

Natural Products Marketing (BC) Act transition
– existing biosecurity programs

17 (1) A biosecurity program established or designated by a marketing board or commission before the coming into force of section 14 (1) (a.1) of the Natural Products Marketing (BC) Act that would have been validly established or designated had that section been in force at the time the program was established or designated is conclusively deemed to have been validly established or designated.

(2) All things done or requirements imposed under a biosecurity program referred to in subsection (1) that would have been validly done or imposed had section 14 (1) (a.1) of the Natural Products Marketing (BC) Act been in force at the time the things were done or the requirements imposed are conclusively deemed to have been validly done or imposed.

(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.

SECTION 18: [Local Government Act, section 18] provides the Lieutenant Governor in Council with discretion to reclassify a municipality into another classification if it is in the public interest to do so.

(1.1) On request of the council, the Lieutenant Governor in Council may, by letters patent, change the classification of the municipality to another classification provided for in this Act, if the Lieutenant Governor in Council considers it to be in the public interest to do so. , and

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

SECTION 19: [Local Government Act, section 665] corrects a reference.

19 Section 665 is amended by striking out "the Motor Carrier Act" and substituting "the Passenger Transportation Act".

SECTION 20: [Local Government Act, section 782.1] corrects a reference.

20 Section 782.1 (2) is amended by striking out "under this Part" and substituting "under this Division or section 795.12".

SECTION 21: [Local Government Act, section 804.11] corrects a reference.

21 Section 804.11 (3) is amended by striking out "the inspector" and substituting "the Surveyor of Taxes".

SECTION 22: [Municipalities Enabling and Validating Act (No. 4), section 8] repeals a spent provision.

22 Section 8 of the Municipalities Enabling and Validating Act (No. 4), S.B.C. 2011, c. 14, is repealed.

SECTION 23: [Municipalities Enabling and Validating Act (No. 4), Part 3]

in respect of Maple Ridge: conclusively deems the reclassification of Maple Ridge as a city to have been validly done and all things done by Maple Ridge as a city to have been validly done and all proceedings in relation to Maple Ridge to have been validly carried out;
in respect of Port Edward:

authorizes a municipality, the District of Port Edward, to restrict its legislative discretion in relation to property taxes for raising municipal revenue, and to provide assistance to a business, by entering into an agreement for up to 25 years with a specified corporation;
requires the municipality to set its tax rates in accordance with the agreement if the municipality enters into the agreement;
requires the municipality to provide a copy of the agreement, and any changes to the agreement, to the inspector of municipalities if the municipality enters into the agreement;
provides that certain legislative provisions do not apply to property of the specified corporation if the municipality enters into the agreement and while the agreement is in effect.

Local Government Act – validation of reclassification

"specified provision" means section 18 of the Local Government Act as it read immediately before its amendment by section 18 of the Miscellaneous Statutes Amendment Act, 2015;

"validation period" means the period beginning on September 12, 2014 and ending on the date this section comes into force.

(2) Despite the specified provision, the reclassification of the District of Maple Ridge as a city is conclusively deemed to have been validly done.

(3) All things done by the municipality during the validation period that would have been validly done had section 18 of the Miscellaneous Statutes Amendment Act, 2015 been in force on September 12, 2014 when the municipality was reclassified as a city are conclusively deemed to have been validly done.

(4) All proceedings, including any election proceedings, in relation to the municipality that were carried out during the validation period that would have been validly carried out had section 18 of the Miscellaneous Statutes Amendment Act, 2015 been in force on September 12, 2014 when the municipality was reclassified as a city are conclusively deemed to have been validly carried out.

(5) 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.

Port Edward tax agreement

"class 4 property" means land, or land and improvements, classified as class 4 property under the Assessment Act;

"inspector" means the inspector of municipalities appointed under the Local Government Act;

"LNG facility" means a facility that processes natural gas and produces LNG;

"PNW" means Pacific NorthWest LNG Limited Partnership or its general partner Pacific NorthWest LNG Ltd. and their successors and assignees;

(D) the property is leased by PNW and PNW has assigned the lease to a third party.

(2) The municipality may enter into an agreement with PNW for a term of up to 25 years that does one or both of the following:

(a) sets or establishes an amount to be used to determine the tax rate to be applied to the PNW properties for each year;

(b) establishes a formula to determine an amount to be used to determine the tax rate to be applied to the PNW properties for each year.

(3) If the municipality and PNW enter into an agreement under subsection (2), the municipality

(ii) any amendment, extension or renewal of the agreement within 30 days of the execution of the amendment, extension or renewal,

(b) must establish by bylaw under section 197 (1) [annual property tax bylaw] of the Community Charter a tax rate that is based on the amount set or established in accordance with the terms of the agreement, and

(c) despite section 197 (3) and (4) of the Community Charter, may establish by bylaw under section 197 (1) of the Community Charter tax rates for the PNW properties different from tax rates of other class 4 property within the municipality.

(a) section 25 (1) (a) [general prohibition against assistance to business and exceptions] of the Community Charter does not apply in respect of the terms of the agreement,

(b) a regulation made under section 199 [property tax rates regulations] of the Community Charter does not apply in respect of the PNW properties,

(c) the PNW properties cannot be designated as designated port land under section 20.3 [special valuation rules for designated port land] of the Assessment Act while the agreement is in effect, and

(d) the Ports Property Tax Act does not apply in respect of the PNW properties while the agreement is in effect.

(5) The municipality may exercise the power under subsection (2), and must comply with subsections (3) and (4), even if the effect is to limit or eliminate the legislative powers of the municipality's council in relation to the imposition of taxes.

SECTION 24: [Liquor Distribution Act, section 1] is consequential to the repeal of section 15 of the Act by this Bill.

24 Section 1 (1) of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended by repealing the definition of "listing committee".

SECTION 25: [Liquor Distribution Act, section 14] updates a reference.

25 Section 14 (3) is amended by striking out "the Litter Act" and substituting "the Environmental Management Act".

SECTION 26: [Liquor Distribution Act, section 15] repeals the provision respecting the listing committee.

SECTION 27: [Liquor Distribution Act, section 15.1] authorizes the general manager to register liquor products and prohibits the sale of unregistered liquor products.

Registered liquor products

15.1 (1) The general manager may register liquor products for the purposes of this section.

(2) Without limiting the discretion of the general manager under subsection (1), the general manager, in determining whether to register a liquor product, may consider the size, nature, form and capacity of containers and packages used for the liquor product.

(3) A person must not sell or offer to sell to the public a liquor product that has not been registered under subsection (1).

SECTION 28: [Liquor Distribution Act, section 17] repeals a redundant provision.

SECTION 29: [Liquor Distribution Act, section 18] authorizes, rather than compels, the general manager to establish and maintain liquor stores and authorizes the general manager to list liquor products that may be sold in a liquor store.

(a) in subsection (1) (a) by striking out "must establish and maintain, at places throughout British Columbia the general manager considers advisable," and substituting "may establish and maintain" and by striking out "regulations, and" and substituting "regulations,",

(b) in subsection (1) (b) by striking out "must be sold." and substituting "must be sold, and",

SECTION 30: [Liquor Distribution Act, section 28] authorizes, rather than compels, the general manager to set store hours.

30 Section 28 is amended by striking out "must, by order," and substituting "may".

SECTION 31: [Liquor Distribution Act, section 29] is consequential to the repeal of section 15 of the Act by this Bill.

(a) in subsection (1) by striking out "A member of the listing committee, an officer" and substituting "An officer", and

Other Amendments

SECTION 32: [Pension Benefits Standards Act, section 173] removes unnecessary punctuation.

32 Section 173 of the Pension Benefits Standards Act, S.B.C. 2012, c. 30, is repealed and the following substituted:

173 Section 77 is amended by striking out "Family Relations Act" and substituting "Family Relations Act or under Part 5 or 6 of the Family Law Act".

SECTION 33: [Provincial Symbols and Honours Act, heading to Division 1 of Part 2] adds a heading to Part 2 of the Act to create a separate Division for the Order of British Columbia, consequential to amendments made by this Bill respecting the British Columbia Medal of Good Citizenship.

33 The Provincial Symbols and Honours Act, R.S.B.C. 1996, c. 380, is amended by adding the following heading to Part 2 before section 12:

SECTION 34: [Provincial Symbols and Honours Act, section 12] is consequential to amendments made by this Bill to create, in Part 2 of the Act, separate Divisions for the Order of British Columbia and the British Columbia Medal of Good Citizenship.

34 Section 12 is amended by striking out "In this Part:" and substituting "In this Division:".

SECTION 35: [Provincial Symbols and Honours Act, section 13] clarifies that the Order of British Columbia takes precedence over all other orders, decorations and medals conferred by the government.

(3) The Order is the highest honour of British Columbia and takes precedence over all other orders, decorations and medals conferred by Her Majesty in right of British Columbia.

SECTION 36: [Provincial Symbols and Honours Act, section 16] clarifies that a person may not nominate themselves for appointment to the Order of British Columbia.

SECTION 37: [Provincial Symbols and Honours Act, section 18.2] moves to this section the regulation-making power currently set out in section 20 (b) of the Act, consequential to amendments made by this Bill to create, in Part 2 of the Act, separate Divisions for the Order of British Columbia and the British Columbia Medal of Good Citizenship.

Order of British Columbia regulations

18.2 The Lieutenant Governor in Council may make regulations governing the use and display of the insignia of the Order.

SECTION 38: [Provincial Symbols and Honours Act, heading to Division 2 of Part 2] adds a heading to Part 2 of the Act to create a separate Division for the British Columbia Medal of Good Citizenship.

SECTION 39: [Provincial Symbols and Honours Act, sections 18.3 and 19.1 to 19.7]

defines terms used in Division 2 of Part 2 of the Act;
establishes a selection committee for the purposes of the British Columbia Medal of Good Citizenship;
authorizes the Lieutenant Governor in Council to appoint a government employee as the secretary of the selection committee;
requires the selection committee to recommend each year to the Lieutenant Governor in Council persons who deserve to be awarded the British Columbia Medal of Good Citizenship;
authorizes persons and organizations to nominate other persons for the British Columbia Medal of Good Citizenship;
specifies that elected representatives, while in office, are not eligible to be awarded the British Columbia Medal of Good Citizenship;
sets out privileges of persons who are awarded the British Columbia Medal of Good Citizenship;
authorizes the Lieutenant Governor in Council to rescind an award of the British Columbia Medal of Good Citizenship.

Definitions

"Medal" means the British Columbia Medal of Good Citizenship referred to in section 19;

"selection committee" means the selection committee established under section 19.1.

Selection committee

(a) a Chair appointed by the Lieutenant Governor in Council for a term not exceeding 4 years;

(b) up to 6 additional members appointed by the Lieutenant Governor in Council for terms not exceeding 2 years.

Secretary of selection committee

19.2 (1) The Lieutenant Governor in Council may appoint an employee of the government to be the secretary of the selection committee.

(2) The secretary's function is to maintain the records of the selection committee and to perform other duties that the selection committee may require.

Recommendations and rules

19.3 (1) The selection committee must recommend each year to the Lieutenant Governor in Council persons who, in the opinion of the selection committee, deserve to be awarded the Medal.

(2) The selection committee may make rules governing the conduct of its business.

Nominations

19.4 (1) Any person or organization may submit to the selection committee nominations for the Medal.

Awards

19.5 (1) The Medal may be awarded by the Lieutenant Governor in Council on the recommendation of the selection committee.

(2) A person who is an elected federal, provincial or municipal representative is not eligible to be awarded the Medal while that person remains in office.

Privileges of Medal recipients

19.6 (1) A person who is awarded the Medal may wear the insignia of the Medal and have the prescribed letters placed after the person's name.

(b) additional insignia in the prescribed form, if specified by the regulations.

(3) A certificate signed by the Premier may be presented to a person who is awarded the Medal.

Rescission of award

19.7 (1) On the recommendation of the selection committee, the Lieutenant Governor in Council may rescind an award of the Medal.

(2) If an award is rescinded under subsection (1), the person to whom the Medal was awarded must immediately return the following to the secretary:

(a) the medal and any additional insignia of the Medal that were presented to the person;

SECTION 40: [Provincial Symbols and Honours Act, section 20] authorizes the Lieutenant Governor in Council to make the following regulations:

respecting matters for which regulations are contemplated by section 19.6 (1) and (2);
governing the use and display of the insignia of the British Columbia Medal of Good Citizenship.

British Columbia Medal of Good Citizenship regulations

(a) respecting the matters for which regulations are contemplated by section 19.6 (1) and (2);

Transitional Provision

SECTION 41: [Liquor Distribution Act transition] deems liquor products listed under section 15 (4) of the Act before that section's repeal to be registered under section 15.1 of tthehat Act.

Liquor Distribution Act transition

41 Liquor products listed by the general manager under section 15 (4) of the Liquor Distribution Act, as that section read immediately before its repeal, are deemed to be registered liquor products for the purposes of section 15.1 of that Act.

Validation and Confirmation Provisions

SECTION 42: [Confirmation of statutes correction regulation] validates B.C. Reg. 262/ 2014 and confirms and gives continuing effect to the corrections made by that regulation to various statutes in respect of errors of form and style, and of numbering, typographical and reference errors.

Confirmation of statutes correction regulation

42 B.C. Reg. 262/2014 is validated and the corrections made by that regulation are confirmed and given continuing effect.

SECTION 43: [Confirmation of revision correction regulation] validates B.C. Reg. 263/ 2014 and confirms and gives continuing effect to the correction made by that regulation to the Interpretation Act in respect of an error enacted during the 1996 general revision.

Confirmation of revision correction regulation

43 B.C. Reg. 263/2014 is validated and the correction made by that regulation is confirmed and given continuing effect.

SECTION 44: [Petroleum and Natural Gas Act, section 1] adds a definition of "royalty".

44 Section 1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by adding the following definition:

"royalty" means a royalty reserved under section 73 (1) and required to be paid by a regulation under section 73 (2) or an agreement under section 78 or 78.1; .

SECTION 45: [Petroleum and Natural Gas Act, sections 58, 75 and 78] removes unnecessary words.

45 Sections 58 (3) (b), 75 (2) (a) and (b) and 78 are amended by striking out "the amount of royalty" and substituting "the royalty".

SECTION 46: [Petroleum and Natural Gas Act, section 78.1] authorizes the minister to enter into agreements respecting royalties and other payments.

Royalty agreements

78.1 (1) Despite section 73 and the regulations made under that section and subject to subsection (2) of this section, the minister may, with the approval of the Lieutenant Governor in Council, enter, with a person, into an agreement establishing the royalty to be paid by the person to the government, and the method of calculating the royalty, on petroleum or natural gas produced from a specified location or class of locations.

(2) The approval of the Lieutenant Governor in Council is not required for the minister to enter into an agreement under subsection (1)

(3) The minister must, as soon as practicable, publish an agreement entered into under subsection (1) but may withhold from publication anything in the agreement that could be refused to be disclosed under the Freedom of Information and Protection of Privacy Act, if a request were made under that Act for disclosure of the agreement.

(4) An agreement under subsection (1) may be for a term the minister considers advisable, but not for a term exceeding the prescribed number of years, and may also include any or all of the following:

(a) a requirement that the person pay to the government a charge respecting periods, specified in the agreement, during which

(ii) a minimum level of petroleum or natural gas production, specified in the agreement, is not achieved;

(b) a specification of locations or classes of locations that are subject to a royalty established under subsection (1);

(c) terms respecting required petroleum or natural gas production levels from specified locations or classes of locations;

(d) terms respecting investments in the exploration, development or processing of petroleum or natural gas, or both;

(e) terms respecting penalties the person must pay or actions the minister may take if the person fails to comply with a term or condition of the agreement;

(f) a specification of regulations under this Act that apply to the person in respect of the agreement;

(g) any other terms and conditions the minister considers necessary or advisable.

(5) If an agreement under subsection (1) specifies regulations for the purposes of subsection (4) (f), those regulations apply to the person in respect of the agreement.

(6) Sections 73 (4) and 74 to 77 apply to an agreement under subsection (1) of this section.

(7) A person who enters into an agreement under subsection (1) must comply with the agreement.

SECTION 47: [Petroleum and Natural Gas Act, section 133] is consequential to the addition by this Bill of section 78.1 to the Act.

(n.3) prescribing circumstances and classes of agreements for the purposes of section 78.1 (2) and a number of years for the purposes of section 78.1 (4); .

SECTION 48: [Oil and Gas Activities Act, section 1] amends the definition of "oil and gas activity".

48 Section 1 (2) of the Oil and Gas Activities Act, S.B.C. 2008, c. 36, is amended in the definition of "oil and gas activity" by adding the following paragraphs:

(e.1) the construction or operation of a manufacturing plant designed to convert natural gas into other organic compounds,

SECTION 49: [Oil and Gas Activities Act, section 111] is consequential to the amendment made by this Bill to section 1 of the Act.

(h.2) respecting the construction, operation and abandonment of a manufacturing plant or petroleum refinery; .

SECTION 50: [Shelter Aid for Elderly Renters Act, repeals] repeals the Shelter Aid for Elderly Renters Act and the regulation under that Act.

Transitional and Validation Provisions

SECTION 51: [Oil and Gas Activities Act transition – petroleum refineries] provides that operation of the specified petroleum refineries is not an oil and gas activity despite the amendment made by this Bill to section 1 of the Oil and Gas Activities Act.

Oil and Gas Activities Act transition – petroleum refineries

51 (1) Despite section 1 (2) of the Oil and Gas Activities Act, as amended by this Act, and subject to subsection (2) of this section, the operation of the following petroleum refineries is not an oil and gas activity within the meaning of the Oil and Gas Activities Act:

(a) the Burnaby Refinery, operated by Chevron Canada Limited or its successors or assigns;

(b) the Prince George Refinery, operated by Husky Energy Inc. or its successors or assigns.

SECTION 52: [Shelter Aid for Elderly Renters Act transition – repeal of Act] provides for the continued application of the Act and regulation, for 2 years after the Act is repealed, in relation to payments of shelter aid made under the Act and the continuation of the eligibility committee, established under that Act, for the same period.

Shelter Aid for Elderly Renters Act transition – repeal of Act

"Act" means the Shelter Aid for Elderly Renters Act, R.S.B.C. 1996, c. 424;

"committee" means the eligibility committee established under section 2 of the Act;

"regulation" means the Shelter Aid for Elderly Renters Regulation, B.C. Reg. 298/77.

(a) the Act and regulation, as they read immediately before their repeal, continue to apply, for the 2-year period beginning on the date this section comes into force, in relation to payments of shelter aid made under the Act before that date, and

SECTION 53: [Shelter Aid for Elderly Renters Act – validation] validates shelter aid payments made before the manner of calculating the amount of the shelter aid was re-enacted in the regulation.

Shelter Aid for Elderly Renters Act – validation

"Act" means the Shelter Aid for Elderly Renters Act, R.S.B.C. 1996, c. 424;

"shelter aid" has the same meaning as in the Act, as the Act read immediately before its repeal.

(2) Payments of shelter aid made under the Act before April 17, 2014 are conclusively deemed to have been validly made to the extent they would have been validly made had section 5 (1) of the regulation, as enacted by B.C. Reg. 70/2014, been in force on the date each payment was made.

SECTION 54: [Employment and Assistance Act, section 15] repeals a section that imposed consequences for convictions under the Act or the Criminal Code in relation to obtaining money under the Act to which a family unit was not entitled.

54 Section 15 of the Employment and Assistance Act, S.B.C. 2002, c. 40, is repealed.

SECTION 55: [Employment and Assistance Act, section 35] adds regulation-making authority to prescribe the duration of a minimum deduction and to exempt categories of family units from minimum deductions prescribed under the section, and clarifies that categories of family units may be based on whether a person in the family unit has been convicted of an offence in relation to the Act.

(w) respecting deductions under section 28 (1) (b) [liability for and recovery of debts under Act], including, without limitation,

(iii) exempting a category of family units from the minimum amount of a deduction prescribed under subparagraph (ii) of this paragraph in circumstances or on conditions the Lieutenant Governor in Council prescribes, and

(iv) for certainty, establishing categories under subsection (4) (c) of this section that relate, without limitation, in whole or in part to inclusion in the family unit of a person who is or has been convicted of an offence

(A) under this Act or the Employment and Assistance for Persons with Disabilities Act, or

(B) under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance for Persons with Disabilities Act, by fraud or false or misleading representation; .

SECTION 56: [Employment and Assistance Act, section 38] repeals a section that imposed consequences for convictions under a former Act or the Criminal Code in relation to obtaining money under a former Act to which a family unit was not entitled.

SECTION 57: [Employment and Assistance Act, section 47.1] is transitional to the repeal by this Bill of section 15 of the Act.

Transitional – repeal of section 15

"Act offence" means an offence under this Act or the Employment and Assistance for Persons with Disabilities Act;

"criminal code offence" means an offence under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance for Persons with Disabilities Act, by fraud or false or misleading representation.

(2) On and after the date section 15 is repealed, a family unit to which consequences referred to in section 15 (1), (2) or (3) applied immediately before that date

(a) is not ineligible for income assistance by reason only of a consequence imposed under that section, and

(b) is not subject to any consequence imposed on the family unit under that section.

(3) For certainty, a family unit described in subsection (2) is liable under section 27 to repay to the government the amount or value of, as applicable,

(a) an overpayment in respect of which a person in the family unit has been convicted of a criminal code offence or Act offence referred to in section 15 (1) or (2), as that section read immediately before its repeal, or

(b) an overpayment that is the subject of a judgment referred to in section 15 (3), as that section read immediately before its repeal.

SECTION 58: [Employment and Assistance for Persons with Disabilities Act, section 14] repeals a section that imposed consequences for convictions under the Act or the Criminal Code in relation to obtaining money under the Act to which a family unit was not entitled.

58 Section 14 of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41, is repealed.

SECTION 59: [Employment and Assistance for Persons with Disabilities Act, section 26] adds regulation-making authority to prescribe the duration of a minimum deduction and to exempt categories of family units from minimum deductions prescribed under the section, and clarifies that categories of family units may be based on whether a person in the family unit has been convicted of an offence in relation to the Act.

(l) respecting deductions under section 19 (1) (b) [liability for and recovery of debts under Act], including, without limitation,

(B) under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance Act, by fraud or false or misleading representation; .

SECTION 60: [Employment and Assistance for Persons with Disabilities Act, section 28] repeals a section that imposed consequences for convictions under the Act or the Criminal Code in relation to obtaining money under the Act to which a family unit was not entitled.

SECTION 61: [Employment and Assistance for Persons with Disabilities Act, section 36.1] is transitional to the repeal by this Bill of section 14 of the Act.

Transitional – repeal of section 14

"Act offence" means an offence under this Act or the Employment and Assistance Act;

"criminal code offence" means an offence under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance Act, by fraud or false or misleading representation.

(2) On and after the date section 14 is repealed, a family unit to which consequences referred to in section 14 (1), (2) or (3) applied immediately before that date

(a) is not ineligible for disability assistance by reason only of a consequence imposed under that section, and

(b) is not subject to any consequence imposed on the family unit under that section.

(3) For certainty, a family unit described in subsection (2) is liable under section 18 to repay to the government the amount or value of, as applicable,

(a) an overpayment in respect of which a person in the family unit has been convicted of a criminal code offence or Act offence referred to in section 14 (1) or (2), as that section read immediately before its repeal, or

(b) an overpayment that is the subject of a judgment referred to in section 14 (3), as that section read immediately before its repeal.

SECTION 62: [Public Agency Accommodation Act, section 6] limits the application of the Land Act in relation to land the administration of which is transferred to the minister and provides that such land is administered land.

62 Section 6 (1) (c) of the Public Agency Accommodation Act, S.B.C. 2006, c. 7, is amended by adding "or section 8 (3) of this Act" after "section 106 of the Land Act".

SECTION 63: [Public Agency Accommodation Act, section 8] authorizes transfers to the minister of the administration of land and makes related amendments.

(2) The minister may transfer the administration of administered land to another minister of the government with the consent of that other minister.

(3) With the consent of the minister, another minister of the government who has the administration of land may, for the purposes of this Act, transfer the administration of the land to the minister.

SECTION 64: [Queen's Printer Act, section 2] is consequential to the amendments made to sections 5 and 7 of the Act by this Bill.

64 Section 2 of the Queen's Printer Act, R.S.B.C. 1996, c. 394, is amended by striking out "printing, bindery and stationery offices" and substituting "printing, publishing and stationery services".

SECTION 65: [Queen's Printer Act, sections 5 and 6]

provides that the Queen's Printer may act directly or indirectly in performing printing and delivery duties under section 5 of the Act;
authorizes the Queen's Printer to make arrangements to publish and dispose of the Acts, journals, sessional papers and other public documents;
authorizes the Queen's Printer to determine the manner of printing, delivery, publishing and disposal of the Acts, journals, sessional papers and other public documents, and the prices that may be charged for the disposal of these documents;
removes references to regulations of the minister.

Printing, delivery, publishing and disposal
of public documents

5 (1) As soon as practicable after the close of each session, the Queen's Printer must make arrangements for the following:

(a) the printing of the Acts, journals, sessional papers and other public documents placed before the Legislature during that session;

(b) the delivery of the number of printed copies of the Acts, journals, sessional papers and other public documents referred to in paragraph (a) that the minister directs to

(ii) other persons, institutions, ministries and representative bodies, in or out of British Columbia, as approved by the minister.

(2) After delivery under subsection (1) (b) is complete, the Queen's Printer may make arrangements for the publishing of printed copies of the Acts, journals, sessional papers and other public documents referred to in that subsection as well as for the sale or transfer, with or without charge, of those printed copies.

Cost, price and manner of printing
public documents

6 (1) The printing and delivery of printed copies of the Acts, journals, sessional papers and other public documents under section 5 (1) must be done at the public expense.

(2) The printing, delivery, publishing, selling and transferring of printed copies of the Acts, journals, sessional papers and other public documents under section 5 must be done in the manner determined by the Queen's Printer.

SECTION 66: [Queen's Printer Act, section 7]

provides that the Queen's Printer may act directly or indirectly in performing printing and publishing duties under section 7 of the Act;
removes references to regulations of the minister.

66 Section 7 is amended by striking out ", under the direction of the minister, and subject to the regulations, is to continue to print and publish" and substituting "must make arrangements for the printing and publishing of".

SECTION 67: [Queen's Printer Act, section 8]

authorizes the Queen's Printer to determine the manner of printing and publishing the Gazette, as well as subscription prices and advertising charges;
removes references to regulations of the minister.

Price and manner of printing of official Gazette

8 (1) The printing and publication of the Gazette under section 7 must be done in the manner determined by the Queen's Printer.

SECTION 68: [Queen's Printer Act, section 8.1] deems materials printed and published on the direction of the Queen's Printer and in accordance with the Act to be materials printed and published directly by the Queen's Printer, consequential to the amendments made to sections 5 and 7 of the Act by this Bill.

Deemed printing

8.1 A printed copy of an Act, journal, sessional paper or other public document to which this Act applies, or of the Gazette, is deemed to have been printed and published by the Queen's Printer if printed and published

SECTION 69: [Queen's Printer Act, sections 9 and 11] is consequential to the amendments made to sections 5 and 7 of the Act by this Bill.

Consequential Amendment

SECTION 70: [Interpretation Act, section 29] changes terminology to be consistent with section 33 (5) of the Act and amendments made to the Queen's Printer Act by this Bill.

70 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended in the definition of "Gazette" by striking out "published by the Queen's Printer of British Columbia;" and substituting "published under the Queen's Printer Act;".

Commencement

71 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:

Explanatory Notes