1995 Legislative Session: 4th Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 8th day of June, 1995
Ian D. Izard, Law Clerk
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1 Section 9 (7) of the Court of Appeal Act, S.B.C. 1982, c. 7, is repealed and the following substituted:
(7) The court may discharge or vary any order made by a justice other than an order granting leave to appeal under section 6.1.
2 Section 25 is repealed and the following substituted:
25 (1) If a certificate of readiness is not filed in accordance with the rules within one year after the filing of the applicable notice of appeal or notice of application for leave to appeal, the registrar shall
(a) place the appeal or application for leave to appeal on the inactive appeal list maintained in the registry, and
(b) mail notice of the action taken by the registrar under paragraph (a) to the following persons at their respective addresses for delivery:
(i) each counsel of record;
(ii) each unrepresented appellant or respondent who has provided the registry with an address for delivery.
(2) An appeal or application for leave to appeal referred to in subsection (1) shall be removed from the inactive appeal list when a justice grants leave to the appellant or the applicant to proceed with the appeal or application for leave to appeal.
(3) A justice may, in an order under subsection (2), impose terms and conditions and give directions that the justice considers appropriate.
(4) The registrar shall return the appeal or application for leave to appeal to the inactive appeal list and shall mail notice of that action in accordance with subsection (1) (b) if
(a) a justice makes an order under subsection (2) that requires terms, conditions or directions to be complied with by a specified date and the appellant or applicant fails to comply with those terms, conditions or directions by that date, or
(b) in any other case, a certificate of readiness is not filed in accordance with the rules within 180 days after the making of an order under subsection (2) in respect of the appeal or application for leave to appeal.
(5) An appeal or application for leave to appeal that has remained on the inactive appeal list for 180 consecutive days shall, on the 181st day, stand dismissed as abandoned.
(6) An appeal or application for leave to appeal that stands dismissed as abandoned under subsection (5) shall not be reinstated unless a justice orders otherwise.
3 Section 57 of the Evidence Act, R.S.B.C. 1979, c. 116, is amended by adding the following:
(7) Subsections (5) and (6) apply despite any provision of the Freedom of Information and Protection of Privacy Act other than section 44 (2) and (3) of that Act.
(8) Subsection (7) 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.
4 Section 3 of the Family Relations Act, R.S.B.C. 1979, c. 121, is amended by adding the following:
(4) Despite the Freedom of Information and Protection of Privacy Act, other than section 44 (2) and (3) of that Act, no person may disclose information received by a family court counsellor in the course of providing services pursuant to subsection (2) of this section unless the person who provided the information first consents to the disclosure of the information.
(5) Subsection (4) 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.
5 Section 37.3 is amended by renumbering the section 37.3 (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.
6 Section 63.3 is amended by adding the following:
(5) Subsection (4) applies despite any provision of the Freedom of Information and Protection of Privacy Act other than section 44 (2) and (3) of that Act.
(6) Subsection (5) 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.
7 Section 2 of the Financial Disclosure Act, R.S.B.C. 1979, c. 130, is amended
(a) by repealing subsection (3) and substituting the following:
(3) A person who is a municipal official, public employee or municipal employee shall make and file a written disclosure between January 1 and 15 in each year in which the person is an official or employee. , and
(b) by repealing subsection (5) and substituting the following:
(5) A person who ceases to be a municipal official, public employee or municipal employee, for any reason other than the person's death, shall make and file a written disclosure not later than the 15th day of the month following the month in which the person ceases to be an official or employee.
8 Section 3 is repealed and the following substituted:
3 A written disclosure made under this Act by a nominee or public employee shall be filed in the prescribed form with the appropriate disclosure clerk and shall specify all of the following:
(a) the name of each corporation in which the person or a trustee for the person holds one or more shares;
(b) the name of each business situated or carrying on business in the Province and financially remunerating the nominee or public employee as an owner, part owner, trustee or partner;
(c) the name of each business situated or carrying on business in the Province and financially remunerating the nominee or public employee for services performed by the person as an employee;
(d) the name of each organization situated in the Province and financially remunerating the nominee or public employee for an office held by the person that is not disclosed under paragraph (b) or (c);
(e) the name of the creditor for each debt of the nominee or public employee;
(f) a description and location of land situated in the Province in which the nominee or public employee, or a trustee for that person, owns an interest or has an agreement entitling him or her to acquire an interest.
9 Section 4 is amended by striking out "section 3 (b) and (d)" and substituting "section 3 (b), (c), (d) and (f)".
10 Section 105 (10) of the Labour Relations Code, S.B.C. 1992, c. 82, is repealed and the following substituted:
(10) Sections 89 to 102 apply in respect of a mediator- arbitrator and a settlement, determination or decision under this section.
11 The Liquor Distribution Act, R.S.B.C. 1979, c. 238, is amended by adding the following:
25.1 For the purposes of section 21 (1) (b) of the Freedom of Information and Protection of Privacy Act, information in the custody or under the control of the branch, whether or not supplied to the branch, is deemed to be supplied to the branch implicitly or explicitly in confidence, if the information concerns the branch's
(a) acquisition of liquor from a manufacturer, manufacturer's agent, distributor, authorized importer of liquor or other person who supplies liquor to the branch, or
(b) sale of liquor acquired by the branch from a person referred to in paragraph (a).
12 Section 13.1 of the Motor Dealer Act, R.S.B.C. 1979, c. 287, as enacted by section 18 of the Consumer Protection Statutes Amendment Act, 1993, S.B.C. 1993, c. 39, is amended by adding the following subsections:
(4) The amounts referred to in subsection (2) must be paid to the Minister of Finance, who
(a) is the trustee of the fund,
(b) must invest the amounts and the earnings in investments permitted for a trust fund under section 36 of the Financial Administration Act, and
(c) must pay money out of the fund in accordance with directions from the board given under this Act.
(5) Any earnings of the fund under subsection (4) (b) become part of the fund.
13 Section 1 of the Motor Fuel Tax Act, S.B.C. 1985, c. 76, is amended by adding the following definitions:
"calendar quarter" means a period
(a) beginning on January 1 and ending on the following March 31,
(b) beginning on April 1 and ending on the following June 30,
(c) beginning on July 1 and ending on the following September 30, or
(d) beginning on October 1 and ending on the following December 31;
"carrier" means a person who owns or operates one or more motor vehicles used interprovincially or internationally for the commercial carriage of passengers or goods;
"carrier decal" means a decal
(a) issued by the director under section 14.3 (6), or
(b) issued, in accordance with the International Fuel Tax Agreement, by another jurisdiction that is a party to that agreement;
"carrier licence" means a licence
(a) issued by the director under section 14.3 (1), or
(b) issued, in accordance with the International Fuel Tax Agreement, by another jurisdiction that is a party to that agreement;
"International Fuel Tax Agreement" means the agreement entered into by the minister under section 14.1;
"licensed carrier" means a person who holds a carrier licence; .
14 Section 4 is amended
(a) by adding the following subsection:
(1.1) A licensed carrier who uses in the Province gasoline on which tax is not otherwise payable under subsection (1) shall pay to the government, on or before the last day of the calendar month following the end of the calendar quarter in which the fuel was used, tax on that fuel at the rate established under subsection (1). , and
(b) in subsection (2) by adding "in the Province" after "uses".
15 Section 9 is amended
(a) by adding the following subsection:
(1.1) A licensed carrier who uses in the Province motive fuel on which tax is not otherwise payable under subsection (1) shall pay to the government, on or before the last day of the calendar month following the end of the calendar quarter in which the fuel was used, tax on that fuel at the rate established under subsection (1). , and
(b) in subsection (2) by adding "in the Province" after "uses".
16 Section 11.1 is amended by renumbering the section as section 11.1 (1) and by adding the following subsection:
(2) In addition to the tax payable under sections 4, 9 and 11, a person who uses in an area prescribed under the Build BC Act gasoline or motive fuel on which tax is not otherwise payable under this section shall pay to the government, at the time that any tax payable by that person under section 4 (2) or 9 (2) of this Act is payable, for the purposes of the BC Transportation Financing Authority established under that Act, a prescribed tax not exceeding 1¢/litre on each litre of gasoline or motive fuel used by the person and to which a regulation under section 19 of the Build BC Act applies.
17 Section 14 is repealed and the following substituted:
14 (1) A carrier who brings motive fuel into the Province in the supply tank of a commercial motor vehicle shall
(a) have in the carrier's possession a carrier licence and display carrier decals on the commercial motor vehicle,
(b) have in the carrier's possession a motive fuel user permit, or
(c) immediately obtain a motive fuel user permit.
(2) A licensed carrier who brings gasoline into the Province in the supply tank of a commercial motor vehicle shall have in the carrier's possession a carrier licence and display carrier decals on the commercial motor vehicle.
(3) Subject to the terms and conditions the Lieutenant Governor in Council specifies in the regulations, subsections (1) and (2) do not apply
(a) to a carrier who is a member of a prescribed class of carriers, or
(b) in respect of a vehicle that is part of a prescribed class of vehicles.
18 The following Part is added:
Part 3.1 -- International Fuel Tax Agreement
14.1 The minister may, on behalf of the government, enter into an agreement with one or more governments of other jurisdictions, whether inside or outside of Canada, respecting the interjurisdictional administration of the collection, remittance and enforcement of the tax imposed under this Act or under similar Acts in the other jurisdictions.
19 The following sections are added to Part 3.1:
14.2 (1) Notwithstanding any other provision of this Act or any other Act, where tax or other moneys are collected or received by the government under this Act or under an agreement made under this Act, the minister may pay to another jurisdiction or to a licensed carrier that part of the tax and other moneys collected or received that is, under the International Fuel Tax Agreement, required to be paid to that other jurisdiction or the licensed carrier, as the case may be.
(2) Any payments made under subsection (1) may be paid out of the consolidated revenue fund.
14.3 (1) On application by a carrier, the director may, in accordance with the regulations, issue or renew or refuse to issue or renew to the carrier a licence under which the tax administration scheme contemplated by the International Fuel Tax Agreement is applied to the carrier.
(2) If the director refuses to issue or renew a licence to a carrier, the director shall, on the request of the carrier, provide written reasons to the carrier for the director's refusal.
(3) An application under subsection (1) shall be in the prescribed form and shall contain or incorporate by reference the terms and conditions of the licence with which the carrier agrees to comply and to which the carrier agrees to be bound, and any other information required by the director.
(4) The director may suspend or cancel a licence issued under this section if the licensee fails to comply with this Act, the regulations or the terms and conditions of the licence set out on the application.
(5) A suspension or cancellation of a licence under subsection (4) does not relieve a person from any other liability.
(6) The director shall issue to a carrier, to whom a licence has been issued under this section, 2 decals for each motor vehicle that is
(a) owned or operated by the carrier, and
(b) used interprovincially or internationally for the commercial carriage of passengers or goods.
(7) A carrier to whom a licence and decals are issued under this section shall not assign or otherwise transfer that licence or those decals.
(8) A licensed carrier shall not display the decals issued under subsection (6) unless that carrier is in compliance with this Act, the regulations and the terms and conditions of the licence set out in the application.
(9) A carrier whose carrier licence is suspended or cancelled shall, immediately after that suspension or cancellation, return the carrier licence to the director and remove all decals issued under subsection (6) from the motor vehicles to which they were affixed.
20 Section 31 is amended
(a) by striking out "or registered consumer" wherever it appears and substituting ", licensed carrier, motive fuel permit holder or registered consumer", and
(b) in paragraph (a) by adding "licensed carrier, motive fuel permit holder or" before "registered consumer".
21 Section 39 (1) is amended by striking out "or" at the end of paragraph (c) and by adding the following:
(e) a refusal to issue or renew a licence under section 14.3 (1), or
(f) a cancellation or suspension of a licence under section 14.3 (4).
22 Section 42 (1) is amended by striking out "or registered consumer" and substituting ", licensed carrier, motive fuel permit holder or registered consumer".
23 Section 46 (1) is amended by adding ", licensed carrier, motive fuel permit holder" after "retail dealer".
24 Section 60 (1) is amended
(a) in paragraph (d) by striking out "and" at the end of subparagraph (ii), by adding "and" at the end of subparagraph (iii) and by adding the following:
(iv) carrier licences and carrier decals, ,
(b) in paragraph (e) by adding "licensed carriers," after "the duties of", and
(c) by striking out "and" at the end of paragraph (n) and by adding the following:
(p) respecting any matter or thing that the Lieutenant Governor in Council considers necessary for the implementation or administration of the International Fuel Tax Agreement,
(q) prescribing one or more classes of carriers or classes of vehicles for the purposes of section 14 (3), subject to the terms and conditions the Lieutenant Governor in Council specifies,
(r) prescribing the form of the licence application referred to in section 14.3 including, without limitation, the terms and conditions of the licence that an applicant, by submitting the application, agrees to comply with and to be bound by,
(s) prescribing
(i) the duties and obligations to be performed by a licensed carrier,
(ii) the terms and conditions applicable to a carrier licence, with power to prescribe different terms and conditions for different classes of licensees,
(iii) the consequences of failing to perform those duties and obligations or of failing to comply with those terms and conditions, and
(iv) any other matter that the Lieutenant Governor in Council considers necessary or appropriate in relation to the issuing, renewing, suspending, cancelling or reinstating of carrier licences,
(t) prescribing the duration of carrier licences and carrier decals issued by the director, and
(u) prescribing the fees for applying for, issuing and renewing carrier licences and carrier decals.
25 The Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c. 61, is amended by adding the following section:
30 (1) In this section:
"parcel size bylaw" means
(a) a bylaw under the Municipal Act, the Islands Trust Act or any other Act, or
(b) any other enactment that a body authorized to make a bylaw referred to in paragraph (a) is or was authorized to amend or repeal as if it were a bylaw of the body,
that established a minimum parcel size for an area to which the regulation applied and that was adopted or amended at any time during which the regulation applied to the area;
"regulation" means the Community Planning Area Number 24 (Gulf Islands) Regulation, B.C. Reg. 274/69, under the Local Services Act.
(2) Despite the Local Services Act and the regulation, if at any time the minimum parcel size established by the regulation was equal to or greater than that established by a parcel size bylaw for any part of the area to which the regulation applied, the minimum parcel size established by the bylaw applied and the minimum parcel size established by the regulation did not.
(3) All parcel size bylaws and all other bylaws relying on those parcel size bylaws are confirmed and validated, effective the date on which they were adopted, to the extent they would have been valid had subsection (2) been in force on the date they were adopted, and everything done that would have been validly done had that subsection been in force at the time it was done is conclusively deemed to have been validly done.
(4) 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 by reason that it makes no specific reference to that matter.
26 Section 9.1 of the Special Accounts Appropriation and Control Act, S.B.C. 1988, c. 26, is amended
(a) in subsections (4) (c) and (5) (b) by striking out "section 490 (9)" and substituting "section 462.43, 490 (9) or 491.1 (2)", and
(b) in subsection (4) by adding the following paragraph:
(d) any money provided to the Attorney General or the government that was forfeited under the Criminal Code as proceeds of crime including, without limitation, money forfeited under section 462.37 (1) or 462.38 of the Criminal Code.
27 Section 5 (1) of the Statute Revision Act, S.B.C. 1992, c. 54, is amended by adding "in Council" after "Lieutenant Governor".
28 Section 1 of the Trustee Act, R.S.B.C. 1979, c. 414, is amended by adding the following definitions:
"business authorization" has the same meaning as in the Financial Institutions Act;
"deposit business" has the same meaning as in the Financial Institutions Act;
"trust business" has the same meaning as in the Financial Institutions Act.
29 Section 15 (g) is repealed and the following substituted:
(g) guaranteed trust or investment certificates of
(i) a bank, or
(ii) a corporation that is incorporated under the laws of Canada or of a province and that has a business authorization to carry on trust business or deposit business; .
30 Section 19 is repealed and the following substituted:
19 A trustee may, pending the investment of trust money, deposit it during a time that is reasonable in the circumstances in
(a) a bank, or
(b) a corporation that has a business authorization to carry on deposit business.
31 Section 20 (2) is repealed and the following substituted:
(2) This section does not apply to a corporation that has a business authorization to carry on trust business.
32 Section 62 of the Wildlife Act, S.B.C. 1982, c. 57, is amended
(a) in subsection (1) by adding "or applies to renew" after "Where a person who holds", and
(b) by adding the following subsections:
(4) If notice of a hearing is given to the holder of a licence or certificate and the licence or certificate expires before the regional manager makes a determination under subsection (1), the regional manager is not obliged to
(a) renew the licence or certificate until the end of the 30 day period immediately after the licence or certificate expires, or
(b) consider renewing the licence or certificate until the regional manager makes the determination after the hearing is held,
whichever occurs first.
(5) Despite subsection (4), if the hearing is delayed at the request of the holder of the licence or certificate, the regional manager is not obliged to consider renewing the licence or certificate until the regional manager makes the determination after the hearing is held.
33 Section 9 (1) of the Workers Compensation Act, R.S.B.C. 1979, c. 437, is amended by striking out everything after "existence" and substituting "an agreement entered into, or arrangement made, under section 8.1, any right of election is subject to the terms of that agreement or arrangement."
34 Section 95 is amended by adding the following:
(1.1) If information in a claim file, or in any other material pertaining to the claim of an injured or disabled worker, is disclosed for the purposes of this Act by an officer or employee of the board to a person other than the worker, that person shall not disclose the information except
(a) if anyone whom the information is about has identified the information and consented, in the manner required by the board, to its disclosure,
(b) in compliance with an enactment of British Columbia or Canada,
(c) in compliance with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information, or
(d) for the purpose of preparing a submission or argument for a proceeding under this Part.
(1.2) No court, tribunal or other body may admit into evidence any information that is disclosed in violation of subsection (1.1).
35 Section 95 (2) is amended by adding "or (1.1)" after "subsection (1)".
36 (1) Sections 1, 2, 7 to 9, 13 to 15, 17, 19 to 24, 28 to 31 and 33 to 35 come into force by regulation of the Lieutenant Governor in Council.
(2) Sections 16 and 18 are deemed to have come into force on the day this Act receives First Reading in the Legislative Assembly and are retroactive to the extent necessary to give them effect on and after that day.
(3) Section 26 is deemed to have come into force on August 19, 1993 and is retroactive to the extent necessary to give it effect on and after that date.
(4) Section 12 is deemed to have come into force on June 1, 1995 and is retroactive to the extent necessary to give it effect on and after that date.
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