B.C. Reg. 23/98
O.C. 71/98
Deposited January 30, 1998

Statute Revision Act

With effect retroactive to April 21, 1997, the corrections to the Revised Statutes of British Columbia, 1996 in the attached Schedule are made.

Schedule

1 Section 15 (1) of the Agricultural Land Commission Act, R.S.B.C. 1996, c. 10, is amended by striking out "Pending" and substituting "Despite".

2 Section 20 (2) (g) of the Community Care Facility Act, R.S.B.C. 1996, c. 60, is repealed and the following substituted:

(g) prescribing the number or proportion of persons

(i)  to whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act, and

(ii)  who are to be provided with food and lodging in a community care facility;

(g.1) prescribing the rates payable for the persons referred to in paragraph (g); .

The Condominium Act, R.S.B.C. 1996, c. 64, is amended

(a) in sections 7 (1) (g) and 37 (3) by striking out "the government" wherever it appears and substituting "the Crown",

(b) in section 32 (1) by striking out "the owner developer may appeal" and substituting "the owner developer or owner may appeal",

(c) in section 46 (1) by striking out "that the owner" and substituting "that the tenant", and

(d) in section 84 by striking out "If a" and substituting "If there is a".

4 Section 15 (3) of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended by striking out "under the Guaranteed Available Income for Need Act," and substituting "under the BC Benefits (Income Assistance) Act, a youth allowance under the BC Benefits (Youth Works) Act or a disability allowance under the Disability Benefits Program Act,".

5 Schedule 2 to the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended by renumbering items 3 to 12 as items 4 to 13 and by adding the following item:

Health Professions Act .

6 The Estate Administration Act, R.S.B.C. 1996, c. 122, is amended

(a) by repealing section 7 (1) and substituting the following:

  (1)  This section applies if

(a) a person dies intestate,

(b) a person leaves a will, but without having appointed an executor willing and competent to take probate, or

(c) the executor at the time of the death of the person resides out of British Columbia

and it appears to the court to be necessary or convenient by reason of the insolvency of the estate of the deceased or of other special circumstances to appoint some person to be the administrator of the estate of the deceased, or part of it, other than the person who, but for this section, would have been entitled to a grant of administration. , and

(b) in section 74 (1) by striking out "the surplus" and substituting "the distribution of the surplus".

7 Section 17 (1) (b) of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by striking out "within" and substituting "with in".

8 Section 36 (3) of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended by striking out "or 39" and substituting "or 40".

9 Section 3 (1) of the Mineral Land Tax Act, R.S.B.C. 1996, c. 290, is amended

(a) in paragraphs (b) to (e) by adding "more than" after "comprises", and

(b) by renumbering the final paragraph as paragraph (f).

10 Section 22 (2) (d) of the Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended by striking out "under section 27 (1)" and substituting "under section 27".

11 Section I of the Mines Act, R.S.B.C. 1996, c. 293, is amended in the definition of "local union" by striking out "Industrial Relations Code" and substituting "Labour Relations Code".

12 Section 13 of the Ministry of Energy, Mines and Petroleum Resources Act, R.S.B.C. 1996, c. 298, is amended by striking out "government" and substituting "British Columbia".

13 Section 9 (1) of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended by striking out "section 8 (8)" and substituting "section 8 (9)".

14 The Offence Act, R.S.B.C. 1996, c. 338, is amended in Form 5 of the Schedule by striking Out "WARRANT TO SEARCH" and substituting "WARRANT TO ARREST A PERSON CHARGED WITH AN OFFENCE".

15 The Ombudsman Act, R.S.B.C. 1996, c. 340, is amended

(a) by repealing section 22 (a) and substituting the following:

(a) must as soon as is reasonable notify, in writing, both the complainant and the authority of that decision and the reasons for it, and , and

(b) in section 2 (b) of the Schedule by striking out "of British Columbia" and substituting "of the government".

16 Section 13 of the Park (Regional) Act, R.S.B.C 1996, c. 345, is repealed and the following substituted:

Approval of bylaws

13 A bylaw under this Act must not be adopted without the approval of the minister.

17 Section 9 (6) of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, is amended by striking out "under subsection (4)" and substituting "under subsection (5)".

18 Section I of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by repealing the definition of "sale" and substituting the following:

"sale" includes

(a) a conditional sale, a transfer of title or possession, conditional or otherwise, a sale on credit or for which the price is payable by installments, an exchange, barter or any other contract by which, at a price or other consideration, a person delivers tangible personal property to another person,

(b) a transfer of ownership of, title to or possession of tangible personal property

(i)  given as security, by foreclosure or by repossession under lien note or conditional sale contract, whether voluntary or otherwise, or by order of a court, or by any other means by which security may be realized, or

(ii)  in the process of winding up, liquidating or dissolving a corporation, and

(c) the provision, by way of promotional distribution, of tangible personal property; .

19  Section 11 (4) of the University Foundations Act, R.S.B.C. 1996, c. 471, is amended by striking out "88 and 89" and substituting "86 and 87".

20 Section 9 (3) (b) of the Victims of Crime Act, R.S.B.C. 1996, c. 478, is amended by striking out "section 727.9 of the Criminal Code" and substituting "section 737 of the Criminal Code".

21  Section 9 (1) (c) of the Water Act, R.S.B.C. 1996, c. 483, is amended by striking out "Divisions (3) and (4)" and substituting "Divisions 3 and 4".

22 Section 4 (b) of the Water Utility Act, R.S.B.C. 1996, c. 485, is amended by striking out "sections 33, 34 and 5 1 (2) and (3)," and substituting "sections 28, 29 and 45 (2), (3), (5) and (6),".

[Provisions of the Statute Revision Act, R.S.B.C. 1996, c. 440, relevant to the enactment of this regulation: section 10]