1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (2) of the Assessment Act, R.S.B.C. 1979, c. 21, is amended by striking out "section 80 (1) (a.3);" and substituting "section 27.1 (1) (a) or 80 (1) (a.3);".
2 Section 27 is amended
(a) by repealing subsection (1.2), and
(b) by repealing subsection (2.2) (b) (i) and substituting the following:
(i) on July 1 in the year previous to the year in which the assessment roll is prepared, and .
3 The following section is added:
27.1 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) excluding from the definition of "improvements" bridges, trestles, viaducts, overpasses and similar things that carry track in place of a railway corporation;
(b) prescribing adjustment factors for property of a railway corporation;
(c) prescribing for the purposes of section 27 (1) (e), in relation to a specified jurisdiction or authority to or for which taxes are to be paid, or a specified class of such jurisdictions and authorities, different criteria for land that is to be dealt with as right of way than the criteria prescribed under section 80 (1) (a.4).
(2) Regulations under this section may be different for one or more of the following:
(a) different property to which different rates under section 27 apply;
(b) different bridges and other property as specified in the regulations;
(c) different jurisdictions or authorities to or for which taxes are to be paid, or classes of such jurisdictions or authorities;
(d) different areas or classes of area as specified in the regulations.
(3) The Lieutenant Governor in Council may only make a regulation under this section after the minister has consulted with representatives of the Union of British Columbia Municipalities respecting the proposed regulation.
(4) Despite any other section of this Act, the actual value of property for which an adjustment factor is prescribed under subsection (1) (b), other than property to which section 33.1 applies, is the actual value as otherwise determined under this Act multiplied by the adjustment factor.
(5) For the 1996 taxation year, the Lieutenant Governor in Council may make a regulation under this section only in relation to taxes under the School Act.
4 Section 1.5 of the British Columbia Railway Act, R.S.B.C. 1979, c. 38, is amended by adding the following subsection:
(3) Notwithstanding the exemption from tax referred to in subsection (1) and section 10.1, with the approval of the Lieutenant Governor in Council, the company may make, in relation to property of the company or a subsidiary that is within an applicable area, annual grants to
(a) municipalities and other local governments with respect to their jurisdiction, and
(b) the Surveyor of Taxes with respect to a rural area.
5 Section 1 (1) of the British Columbia Transit Act, R.S.B.C. 1979, c. 421, is amended
(a) by adding the following definitions:
"commuter rail service" means a public passenger transportation system, operated by the authority or under an operating agreement, for the transportation of passengers by railway;
"operating agreement" means an agreement, made between the authority and a person designated by the minister, respecting the operation by that person of a public passenger transportation system; , and
(b) by repealing the definition of "public passenger transportation system" and substituting the following:
"public passenger transportation system" means a public system for the transportation of passengers by any means that is operated in one or both of a municipality and a regional transit service area
(a) under an annual operating agreement,
(b) under an operating agreement, or
(c) by the authority
and includes a rail transit system, a custom transit service and a commuter rail service; .
6 The following section is added:
10.2 (1) Where a commuter rail service is operated in part in a municipality and in part within a regional transit service area, the authority, the municipality and the regional transit commission shall, if required by the Lieutenant Governor in Council, contribute, as prescribed, a portion of the annual cost of providing that commuter rail service.
(2) For the purposes of this section, the Lieutenant Governor in Council may prescribe
(a) classes of expenditures which shall be taken into account in determining the annual cost of the commuter rail service referred to in subsection (1), and
(b) the portions of the annual cost to be contributed by the authority, the municipality and the regional transit commission under subsection (1) and, for that purpose, may prescribe that the authority, the municipality or the commission shall pay none or all or different portions of the prescribed classes of expenditures.
(3) The Lieutenant Governor in Council may, in respect of a commuter rail service referred to in subsection (1), make regulations as follows:
(a) establishing service and performance standards for that service;
(b) prescribing the fares that are to be charged to users of that service.
(4) An operating agreement respecting a commuter rail service shall include provisions
(a) establishing service and performance standards for that service, and
(b) establishing the fares that are to be charged to users of that service.
(5) An operating agreement referred to in subsection (4) becomes effective when approved by regulation of the Lieutenant Governor in Council.
7 Section 11 (1) is amended
(a) by repealing paragraph (a), and
(b) in paragraph (b) by adding "or 10.2" after "section 10".
8 Section 11.1 (2) is amended by adding "or 10.2" after "section 10.1".
9 Section 13 (2) is amended by adding "or 10.2" after "section 10".
10 Section 18 (7) (a) is amended by adding ", other than a commuter rail service," after "public passenger transportation system".
11 Section 19 (2) is amended by adding "a commuter rail service or" after "operation of".
12 Section 1 of the Court of Appeal Act, S.B.C. 1982, c. 7, is amended by repealing the definition of "rules" and substituting the following:
"rules" means rules, made under this Act or the Court Rules Act, governing practice or procedure in the court.
13 Section 2 (1) is amended by striking out "12" and substituting "14".
14 Schedule 1 of the Freedom of Information and Protection of Privacy Act, S.B.C. 1992, c. 61, is amended in the definition of "health care body" by striking out "or" at the end of paragraph (e) and adding the following:
(g) a regional health board designated under section 4 (1) of the Health Authorities Act, or
(h) a community health council designated under section 6 (1) of the Health Authorities Act; .
15 Section 15 of the Highway Act, R.S.B.C. 1979, c. 167, is amended
(a) by renumbering the section as section 15 (1),
(b) by striking out "under this section" and substituting "under this subsection", and
(c) by adding the following subsection:
(2) The minister, on terms he or she directs, may lease to the BC Transportation Financing Authority, or direct the issue of a lease to that authority, of any part of a highway vested in the Crown, and may do so without first giving public notice and without the need for special circumstances.
16 Section 2 (1) to (3) of the Horse Racing Tax Act, R.S.B.C. 1979, c. 175, is repealed and the following substituted:
(1) For raising revenue for government purposes there shall be levied and collected, in the manner provided in this section from every person who bets in British Columbia on a race held in British Columbia or elsewhere under the system known as the pari mutuel, a tax for Her Majesty equal to 7% of the amount of money deposited by that person with the operator at the time of making the bet.
(2) Without an appropriation other than this section, where tax is collected by Her Majesty in accordance with subsection (1) on a bet made in British Columbia by a person in respect of a race, the minister shall pay to the commission in accordance with the regulations
(a) 4% of the amount of money deposited by that person with the operator at the time of making the bet, and
(b) in addition to the amount paid under paragraph (a),
(i) if the race on which the bet is made is run outside of British Columbia, 2% of the amount of money deposited by that person with the operator at the time of making the bet, or
(ii) if the bet is made at a betting theatre licensed under section 4 (1) (d) of the Horse Racing Act in respect of a race that is run inside British Columbia, 1% of the amount of money deposited by that person with the operator at the time of making the bet.
(3) The money paid to the commission under subsection (2)
(a) shall be used by the commission for the following purposes:
(a) to improve horse racing in British Columbia by means of
(i) supplementing purses awarded to owners of horses bred, born and raised in British Columbia,
(ii) maintaining a breeders' incentive fund, and
(iii) making grants for
(A) the operation of breeder societies in British Columbia,
(B) the establishment or the improvement of horse racing facilities in British Columbia,
(C) the covering of costs of feasibility studies and research, and the assessment of either or both of them, and any other similar costs for purposes of the establishment or improvement of facilities referred to in clause (B),
(D) the operation of race courses and horse racing meets in British Columbia, and
(E) equine health research;
(b) to meet the costs of operation of the commission.
(3.1) The money paid to the commission under subsection (2) (b) shall be used by the commission to improve horse racing in British Columbia by means of making grants for the following purposes:
(a) the establishment or the improvement of horse racing facilities in British Columbia;
(b) the covering of costs of feasibility studies and research, and the assessment of either or both of them, and any other similar costs for purposes of the establishment or improvement of facilities referred to in paragraph (a).
17 Section 7 (b.1) is repealed and the following substituted:
(b.1) establishing a formula or other program for the disbursement by the minister to the commission of the money referred to in section 2 (2) for the purposes referred to in section 2 (3) or (3.1); .
18 Section 18 of the Human Rights Act, S.B.C. 1984, c. 22, is amended
(a) by adding at the end of subsection (1) "or while assisting parties to a complaint to achieve a settlement", and
(b) by adding the following:
(3) Subsection (1) applies despite any provision of the Freedom of Information and Protection of Privacy Act other than section 44 (2) and (3) of that Act.
(4) Despite subsection (3), if information is obtained or communications are received while investigating a complaint under this Act, the Freedom of Information and Protection of Privacy Act applies to the information or communication only after the chairman makes a submission or designation or the council makes a determination under section 14 (1).
(5) Subsection (3) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.
19 Section 36 (1) of the Hydro and Power Authority Privatization Act, S.B.C. 1988, c. 39, is amended
(a) by adding "or" at the end of paragraph (e) and by striking out ", or" at the end of paragraph (f), and
(b) by repealing paragraph (g).
20 Section 38 (1) is amended by striking out "4% of the total" and substituting "10% of the total".
21 The Legislative Assembly Allowances and Pension Act, R.S.B.C. 1979, c. 228, is amended by adding the following sections:
30 (1) In this section and section 31
"date of the return of the writs" means the date set for the return of the writs of election for the first general election after the coming into force of this section;
"general election" and "return of the writ" have the same meaning as in the Election Act.
(2) Despite any other provision of this Act, contributions are not permitted or required under this Part, and benefits are not payable under this Part, in respect of any service of a member on or after the date of the return of the writs.
(3) For the purposes of sections 14 (1), 20 and 21, only a member's service before the date of the return of the writs may be taken into account when determining the member's eligibility for an allowance or refund.
(4) A member who, immediately before the date of the return of the writs, has served for 7 years or for more than 2 Parliaments, is entitled to an allowance determined under this Part as it read immediately before the date of the return of the writs in respect of service before the date of the return of the writs.
(5) A member of the Thirty-fifth Parliament who, immediately before the date of the return of the writs, has not served for 7 years or for more than 2 Parliaments, is entitled to recognition of the member's service before the date of the return of the writs in any provisions enacted after the date of the return of the writs respecting a registered pension plan for members, and the member may be required to make contributions in respect of that service.
31 (1) The Lieutenant Governor in Council may make regulations to amend this Act to the extent necessary to ensure that the pension plan under the Act or the Act itself complies with the rules in and under the Income Tax Act (Canada) applicable to registered pension plans and funds.
(2) Despite subsection (1), the Lieutenant Governor in Council may also make regulations to amend this Act to the extent necessary to establish rules and procedures to provide for the continuation of benefits for plan members, which benefits would otherwise be discontinued as a result of regulations made under subsection (1).
(3) Regulations made under subsections (1) and (2) may be made retroactive to January 1, 1992.
(4) Unless earlier repealed, every amendment to this Act made by regulation under subsection (1) or (2) is repealed one year after the date of the return of the writs.
(5) This section is repealed one year after the date of the return of the writs.
22 Section 81 of the Liquor Control and Licensing Act, R.S.B.C. 1979, c. 237, is repealed and the following substituted:
81 (1) In this section "administrative receipts" means money
(a) received from fees and charges paid under this Act by applicants for licences, by licensees and by other persons who obtain or require the benefits or services of the branch,
(b) received from penalties paid under this Act by the persons referred to in paragraph (a), or
(c) arising out of the administration of this Act.
(2) Administrative receipts shall, at the close of each day's business, first be applied for the administration of or for any of the purposes of this Act and, after that application, any balance remaining shall be paid promptly into the consolidated revenue fund.
(3) Where money received under subsection (2) is insufficient for the administration or any of the purposes of this Act, the amount of the deficiency shall be advanced from the consolidated revenue fund in accordance with arrangements made by the Minister of Finance and Corporate Relations, but
(a) each advance shall be recorded to the satisfaction of the Minister of Finance and Corporate Relations and reported to that minister, and
(b) the Comptroller General may direct the methods and procedures to be employed in administering this section.
81.1 Section 81 applies notwithstanding any other Act, including the Financial Administration Act.
23 Section 84 (2) is amended
(a) by repealing paragraph (c) and substituting the following:
(c) fixing and imposing fees and charges payable under this Act by applicants for licences, by licensees or by other persons who obtain or require the benefits or services of the branch, with power to impose different fees for different types of services or benefits and on different classes of persons and establishments, , and
(b) by adding the following paragraph:
(c.1) fixing and imposing penalties for failing or refusing to pay a fee or charge referred to in paragraph (c) when and as that fee or charge is payable, .
24 Section 19 (1) of the Liquor Distribution Act, R.S.B.C. 1979, c. 238, is amended
(a) in paragraph (a) by striking out "liquor;" and substituting "liquor, and", and
(b) by repealing paragraph (b).
25 Section 20 is amended by striking out "Act." and substituting "Act, including the Financial Administration Act."
26 Section 35 of the Mines Act, S.B.C. 1989, c. 56, is amended by adding the following:
(8) Where there is a conflict between a provision of the code and a provision of the Freedom of Information and Protection of Privacy Act, the code applies.
(9) Subsection (8) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.
27 Section 120 of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, is amended by adding the following subsections:
(1.1) Despite subsection (1), if a municipality adopts a bylaw under that subsection that contains a provision directing the rate of speed at which a person may drive or operate a motor vehicle on a highway in the municipality, a person who contravenes that provision does not commit an offence against the bylaw.
(4.1) For certainty, the powers and rights referred to in subsections (3) and (4) do not include the power or right to direct the rate of speed at which a person may drive or operate a motor vehicle on a highway in the municipality except the power to regulate the speed of vehicles
(a) for the protection of the highway pursuant to section 211 (1) (a), and
(b) for the time of the year and the physical condition of the highway pursuant to section 211 (1) (d).
(4.2) Despite subsection (3), if a municipality adopts a resolution or bylaw under that subsection that contains a provision regulating the speed of vehicles
(a) for the protection of the highway pursuant to section 211 (1) (a), or
(b) for the time of the year and the physical condition of the highway pursuant to section 211 (1) (d),
a person who contravenes that provision does not commit an offence against the bylaw.
28 Section 151 is amended by adding the following subsection:
(8.1) Despite section 298 of the Municipal Act, a person who contravenes a bylaw made under subsection (6) or (8) does not commit an offence against the bylaw.
29 Section 274 of the Municipal Act, R.S.B.C. 1979, c. 290, is amended by adding the following subsection:
(4) The Lieutenant Governor in Council may only make a regulation referred to in subsection (1) (a), (b), (c) or (d) after the minister has consulted with representatives of the Union of British Columbia Municipalities respecting the proposed regulation.
30 Section 983 (2) (b) is repealed and the following substituted:
(b) providing and improving park land .
31 Section 985 (3) (a.1) is repealed and the following substituted:
(a.1) pay the capital costs of
(i) acquiring park land or reclaiming land as park land, or
(ii) providing fencing, landscaping, drainage and irrigation, trails, restrooms, changing rooms and playground and playing field equipment on park land,
subject to the restriction that the capital costs must relate directly or indirectly to the development in respect of which the charge was collected, or .
32 Section 986 is amended
(a) in subsection (1) by striking out "parkland," and substituting "park land,", and
(b) in subsection (5) by adding "trails," after "drainage and irrigation,".
33 Section 1 of the Pacific Racing Association Act, S.B.C. 1993, c. 60, is repealed and the following substituted:
1 In this Act "association" means the Pacific Racing Association established under section 2 and, if applicable, converted into a society under section 6.1.
34 The following sections are added:
6.1 (1) The association may convert itself into a society under the Society Act in accordance with the following procedure:
(a) the association must prepare a proposed constitution and bylaws in accordance with the Society Act;
(b) the association must submit the proposed constitution and bylaws to the Attorney General for approval;
(c) after the proposed constitution and bylaws have been approved in writing by the Attorney General, the association must adopt a special resolution that authorizes 2 or more directors of the association to
(i) execute the constitution and bylaws on behalf of the association, and
(ii) deliver to the registrar under the Society Act a copy of the resolution, the executed documents, the written approval of the Attorney General and any other documents relating to the association that are required by the registrar;
(d) the documents referred to in paragraph (c) (ii) must be delivered to the registrar, together with the proper fees.
(2) On receipt by the registrar of the documents and fees referred to in subsection (1) (d), the registrar under the Society Act must issue a certificate that the association is converted into a society under the Society Act.
(3) From the time a certificate is issued under subsection (2), the constitution and bylaws of the association apply to the association as if it were a society incorporated under the Society Act, and that Act applies to the association and sections 2 to 6 of this Act do not.
(4) After issuing a certificate under this section, the registrar must
(a) immediately notify the Attorney General, and
(b) publish notice in the Gazette respecting the conversion under this section.
(5) The conversion of the association under this section does not affect any debt, liability, obligation or contract incurred or entered into by, to, with or on behalf of the association before the conversion, and legal proceedings in respect of them may be continued or commenced against the association in the same manner as if the conversion had not taken place.
6.2 (1) The constitution or bylaws of the association as a society must provide for the following:
(a) that the purposes of the association include ensuring that horse racing facilities are maintained, improved and operated in British Columbia;
(b) that the association is to be operated as a non- profit organization;
(c) that at least one director of the association is to be appointed by the Lieutenant Governor in Council.
(2) Any special resolution amending the constitution of the association, or any special resolution amending the bylaws of the association with respect to a matter referred to in section 6 (1) of the Society Act, must not be submitted to the registrar under that Act until it has been approved in writing by the Attorney General.
(3) The registrar under the Society Act must not accept from the association a resolution referred to in subsection (2) unless it is accompanied by the written approval of the Attorney General under subsection (2).
6.3 Sections 2 to 6 of this Act are repealed on the date that a certificate is issued under section 6.1 (2).
35 Section 60 of the Police Act, S.B.C. 1988, c. 53, is amended by adding the following subsection:
(3.1) Notwithstanding this or any other enactment, a disciplinary tribunal responsible for a municipal police force may, but need not, consist of more than 3 individuals.
36 Section 132 of the Securities Act, S.B.C. 1985, c. 83, is amended by renumbering the section as section 132 (1) and by adding the following:
(2) Subsection (1) applies despite any provision of the Freedom of Information and Protection of Privacy Act other than section 44 (2) and (3) of that Act.
(3) Subsection (2) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.
37 Section 9 of the Statistics Act, R.S.B.C. 1979, c. 392, is amended by adding the following:
(1.1) Subsection (1) applies despite any provision of the Freedom of Information and Protection of Privacy Act other than section 44 (2) and (3) of that Act.
(1.2) Subsection (1.1) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.
38 Section 2 (2) (c) of the Supreme Court Act, S.B.C. 1989, c. 40, is repealed and the following substituted:
(c) 86 other judges.
39 Section 6 of the Treaty Commission Act, S.B.C. 1993, c. 4, is repealed and the following substituted:
6 (1) In this section "prior commissioner" means any person who, at any time before the coming into force of this section, was a commissioner pursuant to an appointment made by resolution of the Summit, an order of the Governor in Council or an order of the Lieutenant Governor in Council or jointly by the Summit, the Governor in Council and the Lieutenant Governor in Council.
(2) The prior commissioners in office on the coming into force of this section are confirmed and continue as commissioners on and after the date of the establishment of the commission as though they had been appointed pursuant to section 7 (1).
(3) The commission has all the rights, property and interests in existence on the coming into force of this section that were acquired by, and is responsible instead of any prior commissioner for all the debts, liabilities and obligations in existence on the coming into force of this section that were incurred by, a prior commissioner in the performance of that person's duties as a commissioner.
40 Section 317 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended
(a) by renumbering the section as section 317 (1),
(b) in paragraph (d) by striking out "notwithstanding anything contained in the Motor-vehicle Act," and substituting "subject to the Motor Vehicle Act,", and
(c) by adding the following subsection:
(2) Despite subsection (1), if the Council or Park Board adopts a by-law under that subsection that contains a provision regulating or fixing the rate of speed at which a person may drive or operate a vehicle on a street, a person who contravenes that provision does not commit an offence against the by-law.
41 Section 318 is amended
(a) by renumbering the section as section 318 (1),
(b) in paragraph (b) by striking out "notwithstanding anything contained in the Motor-vehicle Act," and substituting "subject to the Motor Vehicle Act,", and
(c) by adding the following subsection:
(2) Despite subsection (1), if the Council or Park Board adopts a by-law under that subsection that contains a provision regulating or fixing the rate of speed at which a person may drive or operate a vehicle on a street, a person who contravenes that provision does not commit an offence against the by-law.
42 Section 333 is amended
(a) by renumbering the section as section 333 (1),
(b) by striking out "For the purposes of" and substituting "Subject to subsection (2), for the purposes of", and
(c) by adding the following subsection:
(2) The Council may not impose a fine, imprisonment or other penalty under subsection (1) for the contravention of a provision of a by-law made under section 317 (1) or 318 (1) that regulates or fixes the rate of speed at which a person may drive or operate a vehicle on a street.
43 Section 523D is amended
(a) in subsection (1) by repealing paragraph (b) of the definition of "capital project" and substituting the following:
(b) providing and improving park land, and , and
(b) by adding the following subsection:
(17.1) In relation to a capital project of providing and improving park land, money in a development cost levy reserve fund shall only be used for
(a) acquiring park land or reclaiming land as park land, or
(b) providing fencing, landscaping, drainage and irrigation, trails, restrooms, changing rooms and playground and playing field equipment on park land.
44 Section 5 of the Vancouver Island Natural Gas Pipeline Act, S.B.C. 1989, c. 83, is amended
(a) in subsection (1) by striking out "to the proponent in accordance with an agreement under section 3 (b)" and substituting "to a party to an agreement under section 3 (1), on terms and conditions that may be specified in the agreement,", and
(b) by repealing subsection (2) and substituting the following:
(2) Subsection (1) does not apply after December 31, 2011.
45 Section 24.1 of the Waste Management Act, S.B.C. 1982, c. 41, is amended
(a) by striking out "sections 24.2 and 24.3" and substituting "sections 24.2 to 24.31", and
(b) by adding the following definitions:
"emission control system" means a system or device to prevent or reduce the emission of an air contaminant;
"jurisdiction" includes a foreign jurisdiction;
"manufacturer" in relation to a product means a manufacturer who produces such a product that is offered for sale in British Columbia;
"sell" means to sell, lease or otherwise dispose of a thing or to offer to do any of these things.
46 Section 24.2 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A person must not sell, display for sale or deliver over to a purchaser an engine or new motor vehicle that is required by the regulations
(a) to have an emission control system installed or incorporated, or
(b) to meet specified design requirements,
unless the engine or motor vehicle complies with the applicable regulations under section 24.31. , and
(b) in subsection (2) by striking out "offer for sale, deliver over or fail to" and substituting "deliver over or".
47 Section 24.3 is repealed and the following substituted:
24.3 (1) The Lieutenant Governor in Council may make regulations for the purpose of preventing and reducing emissions from fuels and their combustion including, without limiting this authority, regulations for one or more of the following:
(a) prescribing standards for and specifications of fuels, providing for their testing and certification and specifying the quantities for and areas in British Columbia where fuels must be made available;
(b) prescribing fees and charges to be paid in respect of any matter for which the ministry provides a service or performs a duty in relation to the testing and certification of fuels for compliance with the regulations, and prescribing by whom the fees and charges are to be paid;
(c) requiring manufacturers and persons who test, certify or sell fuels to record and report specified information at the times and in the manner provided in the regulation;
(d) specifying the areas in British Columbia to which the regulations are applicable and specifying the date on which the regulations become effective in those areas;
(e) classifying fuels for the purpose of a regulation and exempting a class of fuel from a regulation.
(2) Regulations under this section may be different for different classes of fuels.
24.31 (1) The Lieutenant Governor in Council may make regulations for the purpose of preventing and reducing emissions from new motor vehicles and from engines including, without limiting this authority, regulations for one or more of the following:
(a) requiring motor vehicles or engines to have installed on or incorporated in them one or more emission control systems;
(b) requiring motor vehicles, engines or emission control systems to meet prescribed standards, specifications and design requirements;
(c) prescribing standards, specifications and design requirements for the purposes of paragraph (b);
(d) providing for the testing and certification of motor vehicles, engines and emission control systems for compliance with prescribed standards, specifications and design requirements;
(e) requiring motor vehicles or engines to meet design requirements that are certified in a specified jurisdiction to conform to emission control standards of that jurisdiction;
(f) prohibiting the sale of a new motor vehicle or engine unless it meets prescribed requirements for labelling as to
(i) the emission control performance of the motor vehicle or engine,
(ii) compliance with requirements under this Act and the regulations, and
(iii) maintenance specifications in relation to emission control;
(g) prescribing the form, content and manner of placement for labels required under paragraph (f);
(h) prohibiting, if a manufacturer produces within the same motor vehicle product line, or within a class within that product line, motor vehicles with different designs certified in a specified jurisdiction to conform to different emission control standards, the sale of motor vehicles within that product line or class that meet the less stringent emission control standards;
(i) requiring manufacturers of new motor vehicles or engines to deliver and have available for sale in British Columbia a model of motor vehicle or engine that meets specified emission control standards;
(j) establishing a scheme under which, for each manufacturer of new motor vehicles, the motor vehicles that are produced and delivered for sale in British Columbia during a specified time period must be a mix of motor vehicles determined in accordance with a specified formula;
(k) requiring each manufacturer of new motor vehicles to
(i) develop, submit and have approved by the minister a plan for reducing emissions from motor vehicles in British Columbia that, in the opinion of the minister, meets the prescribed requirements for such plans, and
(ii) implement and comply with the plan approved under subparagraph (i);
(l) prescribing requirements for the contents of and emission reduction goals that must be met by a plan under paragraph (k);
(m) prohibiting the sale of a class of new motor vehicles or a class of engines produced by a manufacturer if, in relation to the manufacturer, requirements established under paragraph (i), (j) or (k) are not met;
(n) prohibiting the sale of a new motor vehicle or engine unless it is sold with an emission control warranty that is provided by the manufacturer and that meets the content requirements specified in the regulation;
(o) prescribing fees and charges to be paid in respect of any matter for which the ministry provides a service or performs a duty in relation to the testing and certification of motor vehicles or engines for compliance with the regulations, and prescribing by whom the fees and charges are to be paid;
(p) requiring manufacturers and persons who test, certify or sell motor vehicles or engines to record and report specified information at the times and in the manner provided in the regulation;
(q) defining words and expressions used in this section that are not otherwise defined by this Act;
(r) classifying motor vehicles, engines, emission control systems and manufacturers for the purpose of a regulation and exempting such a class from a regulation.
(2) Regulations under this section may be different for different classes of motor vehicles, engines, emission control systems or manufacturers.
48 Section 24.5 is repealed.
49 Section 34 (2) is amended by striking out "10 (5), 31 (1) or 24.2" and substituting "10 (5), 24.2 or 31 (1) or a regulation under section 24.31 (1) (i), (j) or (k)".
50 Section 35 is amended by adding the following subsections:
(6) If a regulation under this Act may establish a code, standard or rule, the regulation may adopt by reference, in whole or in part and with any changes the Lieutenant Governor in Council considers appropriate, a code, standard or rule
(a) published by a national or international standards association, or
(b) enacted as or under a law of another jurisdiction, including a foreign jurisdiction.
(7) A code, standard or rule referred to in subsection (6) may be adopted as amended from time to time.
51 The provisions of section 1 of the Waste Management Amendment Act, 1994, S.B.C. 1994, c. 33, that are not in force are repealed.
52 Section 86 of the Wildlife Act, S.B.C. 1982, c. 57, is amended
(a) in subsection (1) by striking out "or" at the end of paragraph (b) and by adding the following paragraph:
(b.1) an offence prescribed under section 110 (2) (kk.1), or ,
(b) in subsection (1) by striking out "an offence referred to in paragraphs (a), (b) or (c)," and substituting "an offence referred to in paragraph (a), (b), (b.1) or (c),",
(c) in subsection (2) by adding "other than an offence to which subsection (2.1) applies," after "an offence referred to in subsection (1),",
(d) by adding the following subsection:
(2.1) Where a person is convicted of an offence referred to in subsection (1) in relation to a grizzly bear, the person is liable
(a) for a first offence to a fine of not more than $25 000 and not less than $1 000 or to a term of imprisonment not exceeding 6 months, or both, and
(b) for a second or subsequent offence in relation to a grizzly bear, to a fine of not more than $50 000 and not less than $6 000 or to a term of imprisonment not exceeding 6 months and not less than 30 days, or to both. , and
(e) in subsection (3) by striking out "where subsections (1) and (2) apply," and substituting "where subsections (1) and (2) or (2.1) apply,".
53 Section 110 (2) is amended by striking out "and" at the end of paragraph (kk) and by adding the following paragraph:
(kk.1) prescribing an offence against a specified provision of this Act or a specified provision of a regulation under this Act as an offence to which section 86 (1) and (2) or (2.1) applies, and .
54 (1) Sections 754 and 755 of the Municipal Act and section 294 (1) and (2) of the Vancouver Charter do not apply in relation to radiant ceiling heating panels that were
(a) installed before November 18, 1994, and
(b) covered by the "Equipment Disconnect Orders" dated February 25, 1994 and November 18, 1994 and made under section 12 of the Electrical Safety Act by the Chief Electrical Inspector.
(2) Subsection (1) applies despite the fact that a section referred to in that subsection would otherwise already have barred legal proceedings.
(3) A legal proceeding against
(a) a municipality, including the City of Vancouver, or a regional district, or
(b) a municipal public officer within the meaning of section 755.1 of the Municipal Act or a civic public officer within the meaning of section 294 of the Vancouver Charter,
in relation to radiant ceiling heating panels referred to in subsection (1) of this section, must be commenced before July 1, 1996.
(4) After the end of the limitation period under subsection (3), no person may commence a legal proceeding referred to in that subsection.
(5) This section is retroactive to the extent necessary to give it effect.
55 (1) Sections 1 to 11, 13, 16 to 18, 22 to 25, 27 to 29, 35, 38 to 42 and 44 to 51 come into force by regulation of the Lieutenant Governor in Council.
(2) Section 12 is deemed to have come into force on June 29, 1990 and is retroactive to the extent necessary to give it effect on and after that date.
Assessment Act
(Ministry of Municipal Affairs)
SECTION 1: [Assessment Act, amends section 1] adds an explanatory reference to regulations under the proposed section 27.1 (1) (a).
SECTION 2: [Assessment Act, amends section 27]
SECTION 3: [Assessment Act, adds section 27.1] allows the Lieutenant Governor in Council to establish special valuation rules for railway property after consultation with the Union of British Columbia Municipalities.
British Columbia Railway Act
(Ministry of Transportation and Highways)
SECTION 4: [British Columbia Railway Act, amends section 1.5] allows the corporation to make grants in place of local government taxes.
British Columbia Transit Act
(Ministry of Employment and Investment)
SECTION 5: [British Columbia Transit Act, amends section 1] adds new definitions relative to the proposed commuter rail service and amends the definition of "public passenger transportation service" to accommodate the new commuter rail service.
SECTION 6: [British Columbia Transit Act, adds section 10.2] establishes the basis for cost sharing in relation to the proposed commuter rail service.
SECTIONS 7 to 9: [British Columbia Transit Act, amends sections 11, 11.1 and 13] harmonize the wording of sections 11 (1), 11.1 (2) and 13 (2) of the British Columbia Transit Act with the proposed commuter rail service concept.
SECTION 10: [British Columbia Transit Act, amends section 18] confirms that the regional transit commission's powers with respect to planning, fares and service and performance standards do not apply to commuter rail services.
SECTION 11: [British Columbia Transit Act, amends section 19] permits the Lieutenant Governor in Council to exempt from specified taxes land and improvements used for a commuter rail service.
Court of Appeal Act
(Ministry of Attorney General)
SECTION 12: [Court of Appeal Act, amends section 1] clarifies that the rules referred to in the Court of Appeal Act include rules made in respect of the Court of Appeal under the Court Rules Act.
SECTION 13: [Court of Appeal Act, amends section 2] increases by 2 the number of justices comprising the Court of Appeal.
Freedom of Information and Protection of Privacy Act
(Ministry of Government Services and Minister Responsible for Multiculturalism, Human Rights, Sports and Immigration)
SECTION 14: [Freedom of Information and Protection of Privacy Act, amends Schedule 1] applies the Freedom of Information and Protection of Privacy Act to regional health boards and community health councils.
Highway Act
(Ministry of Transportation and Highways)
SECTION 15: [Highway Act, amends section 15] allows the Minister of Transportation and Highways to lease parts of highways to the BC Transportation Financing Authority.
Horse Racing Tax Act
(Ministry of Finance and Corporate Relations)
SECTION 16: [Horse Racing Tax Act, amends section 2] provides for the distribution to the British Columbia Racing Commission of differing amounts of the moneys bet on live races, simulcast races and teletheatre races for use in the advancement of horse racing in British Columbia.
SECTION 17: [Horse Racing Tax Act, amends section 7] harmonizes the wording of section 7 (b.1) of the Horse Racing Tax Act with the new distribution rules respecting bets set out in section 2 of that Act as amended by this Bill.
Human Rights Act
(Ministry of Government Services and Minister Responsible for Multiculturalism, Human Rights, Sports and Immigration)
SECTION 18: [Human Rights Act, amends section 18] ensures the confidentiality of information provided during mediation and investigation.
Hydro and Power Authority Privatization Act
(Ministry of Employment and Investment)
SECTION 19: [Hydro and Power Authority Privatization Act, amends section 36 (1)] removes the restriction that a special company must not alter its memorandum or articles without first obtaining the approval of the Lieutenant Governor in Council.
SECTION 20: [Hydro and Power Authority Privatization Act, amends section 38 (1)] increases from 4% to 10% the total number of the issued and outstanding voting shares in a special company that may be held by any person or group of associated persons as members or beneficial owners.
Legislative Assembly Allowances and Pension Act
(Ministry of Government Services and Minister Responsible for Multiculturalism, Human Rights, Sports and Immigration)
SECTION 21: [Legislative Assembly Allowances and Pension Act, adds sections 30 and 31]
Liquor Control and Licensing Act
(Ministry of Attorney General)
SECTION 22: [Liquor Control and Licensing Act, reenacts section 81 and adds section 81.1] provides that receipts from licence fees and penalties are to be applied to the administration of the Liquor Control and Licensing Act with any surplus going to, or any deficiency coming from, the consolidated revenue fund and provides that section 81 of the Liquor Control and Licensing Act as enacted by this Bill applies despite any other Act.
SECTION 23: [Liquor Control and Licensing Act, amends section 84] incorporates fee and penalty regulation provisions into the general regulations provisions of the Liquor Control and Licensing Act.
Liquor Distribution Act
(Ministry of Attorney General)
SECTION 24: [Liquor Distribution Act, amends section 19] excepts licence fees from the revenue to be dealt with under section 19 of the Liquor Distribution Act.
SECTION 25: [Liquor Distribution Act, amends section 20] expressly confirms that section 19 of the Liquor Distribution Act applies despite the Financial Administration Act.
Mines Act
(Ministry of Energy, Mines and Petroleum Resources)
SECTION 26: [Mines Act, amends section 35] meets a requirement for confidentiality in the federal Hazardous Materials Information Review Act. That Act allows release of information to provinces having similar confidentiality provisions. This amendment ensures that the confidentiality provisions will be similar.
Motor Vehicle Act
(Ministry of Transportation and Highways)
SECTION 27: [Motor Vehicle Act, amends section 120]
SECTION 28: [Motor Vehicle Act, amends section 151] adds subsection (8.1) to provide that a person who contravenes a speeding bylaw made under section 120 (6) or (8) does not commit an offence against the bylaw.
Municipal Act
(Ministry of Municipal Affairs)
SECTION 29: [Municipal Act, amends section 274] requires consultation with the Union of British Columbia Municipalities before a regulation restricting municipal tax rates is made.
SECTION 30: [Municipal Act, amends section 983] allows development cost charges to be used for improving park land to which the charges relate.
SECTION 31: [Municipal Act, amends section 985] allows development cost charges to be used for providing specified capital improvements on park land to which the charges relate.
SECTION 32: [Municipal Act, amends section 986] makes a housekeeping amendment to use "park land" as a consistent term and allows interest from development cost charge reserve funds to be used for providing trails on park land.
Pacific Racing Association Act
(Ministry of Attorney General)
SECTION 33: [Pacific Racing Association Act, reenacts section 1] is consequential to the proposed section 6.1.
SECTION 34: [Pacific Racing Association Act, adds sections 6.1 to 6.3]
Police Act
(Ministry of Attorney General)
SECTION 35: [Police Act, amends section 60] clarifies that a disciplinary tribunal under the Police Act need not have more than 3 members.
Securities Act
(Ministry of Finance and Corporate Relations)
SECTION 36: [Securities Act, amends section 132] ensures confidentiality of information or evidence obtained or of the name of any witness examined or sought to be examined under section 127, 128 or 129 of the Securities Act.
Statistics Act
(Ministry of Finance and Corporate Relations)
SECTION 37: [Statistics Act, amends section 9] ensures confidentiality of individually identifiable information collected under the Statistics Act.
Supreme Court Act
(Ministry of Attorney General)
SECTION 38: [Supreme Court Act, amends section 2] increases by 4 the number of judges comprising the Supreme Court.
Treaty Commission Act
(Ministry of Aboriginal Affairs)
SECTION 39: [Treaty Commission Act, reenacts section 6] recasts the section in order to take into account, for the purposes of the Treaty Commission Act, contracts made by the prior commissioners during the period after their appointment.
Vancouver Charter
(Ministry of Municipal Affairs)
SECTION 40: [Vancouver Charter, amends section 317]
(a) renumbers section 317 as section 317 (1),
(b) amends paragraph (d) to provide that the power given to the council of the city of Vancouver to regulate speeding is subject to the Motor Vehicle Act, and
(c) adds subsection (2) to provide that a person who contravenes a provision of a bylaw made under section 317 (1) that regulates speeding does not commit an offence against the bylaw.
SECTION 41: [Vancouver Charter, amends section 318]
(a) renumbers section 318 as section 318 (1),
(b) amends paragraph (b) to provide that the power given to the Council of the City of Vancouver under that paragraph is subject to the Motor Vehicle Act, and
(c) adds subsection (2) to provide that a person who contravenes a provision of a bylaw made under section 318 (1) that regulates speeding does not commit an offence against the bylaw.
SECTION 42: [Vancouver Charter, amends section 333]
(a) renumbers section 333 as section 333 (1),
(b) makes subsection (1) subject to subsection (2), and
(c) adds subsection (2) to provide that the Council of the City of Vancouver does not have the power to impose a penalty under subsection (1) for the contravention of a speeding bylaw made under section 317 (1) or 318 (1).
SECTION 43: [Vancouver Charter, amends section 523D] gives to the City of Vancouver equivalent authority regarding park improvements as that given to other municipalities by the proposed amendments to sections 983 and 985 of the Municipal Act.
Vancouver Island Natural Gas Pipeline Act
(Ministry of Energy, Mines and Petroleum Resources)
SECTION 44: [Vancouver Island Natural Gas Pipeline Act, amends section 5]
(a) extends the application of section 5 (1) of the Vancouver Island Natural Gas Pipeline Act to any party to an agreement made under section 3 (1) of the Act, and
(b) extends by approximately 2 years the date on which section 5 (1) of the Vancouver Island Natural Gas Pipeline Act ceases to have application.
Waste Management Act
(Ministry of Environment, Lands and Parks)
SECTION 45: [Waste Management Act, amends section 24.1] adds definitions for the purposes of the proposed section 24.31.
SECTION 46: [Waste Management Act, amends section 24.2] adds a requirement that motor vehicles sold in British Columbia meet prescribed design standards and corrects an editing error.
SECTION 47: [Waste Management Act, reenacts section 24.3 and adds section 24.31]
SECTION 48: [Waste Management Act, repeals section 24.5] repeals the provision that allows the adoption by reference of national or international codes and standards on the basis that this authority would be included within the proposed section 35 (6) of the Act.
SECTION 49: [Waste Management Act, amends section 34] includes offences against regulations under the proposed section 24.31 as offences subject to a maximum penalty of $200 000.
SECTION 50: [Waste Management Act, amends section 35] adds a general authority to establish a code, standard or rule under the Act by adopting a code, standard or rule established in another jurisdiction or by another body.
Waste Management Amendment Act, 1994
(Ministry of Environment, Lands and Parks)
SECTION 51: [Waste Management Amendment Act, 1994, repeals section 1 in part] repeals those provisions that are replaced by the proposed section 24.31.
Wildlife Act
(Ministry of Environment, Lands and Parks)
SECTION 52: [Wildlife Act, amends section 86] increases the penalties for offences in relation to grizzly bears.
SECTION 53: [Wildlife Act, amends section 110] allows offences against prescribed provisions of the Act and regulations to be dealt with as offences subject to the higher penalties of section 86 (2) or (2.1) of the Act.
SECTION 54: [Transitional -- limitation period for radiant ceiling heating panels litigation] in relation to specific radiant ceiling heating panels that were installed before November 18, 1994 and ordered disconnected by the Chief Electrical Inspector,
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