2004 Legislative Session: 5th Session, 37th 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 27th day of April, 2004
Ian D. Izard, Q.C., Law Clerk

HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 18 -- 2004

MISCELLANEOUS STATUTES AMENDMENT ACT, 2004

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

 
Business Corporations Act

1 Section 370 (1) (c) (ii) of the Business Corporations Act, S.B.C. 2002, c. 57, is amended by striking out "the shares of the company that had been issued by the company, or transferred, within 6 years before dissolution, and if, despite the dissolution, shares had been issued or transferred after dissolution and before restoration, those shares, and, with respect to the shares referred to in this subparagraph," and substituting "if, despite the dissolution of the company, shares had been issued or transferred after dissolution and before restoration, those shares, and, with respect to those shares,".

2 Item 7 of the Schedule is amended by striking out "through the B.C. OnLine information service using a person's own computer terminal" and substituting "by persons other than government personnel".

 
College and Institute Act

3 Section 51 of the College and Institute Act, R.S.B.C. 1996, c. 52, is repealed and the following substituted:

Application of the Business Corporations Act

51 The Business Corporations Act does not apply to an institution, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the institution.

 
Community Care and Assisted Living Act

4 Section 25 (3) (d) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended by striking out "subsection (5) (a)" and substituting "subsection (2) (a)".

 
Community Financial Services Act

5 The Community Financial Services Act, R.S.B.C. 1996, c. 61, is repealed.

 
Corporation Capital Tax Act

6 Section 1 (1) of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, is amended in the definition of "trust company" by striking out "Financial Institutions Act or the B.C. Community Financial Services Corporation established under the Community Financial Services Act," and substituting "Financial Institutions Act,".

 
Crown Proceeding Act

7 Section 15 of the Crown Proceeding Act, R.S.B.C. 1996, c. 89, is amended by striking out "Minister of Finance" in both places and substituting "Attorney General".

 
Finance and Corporate Relations Statutes Amendment Act, 1999

8 Section 1 of the Finance and Corporate Relations Statutes Amendment Act, 1999, S.B.C. 1999, c. 33, is repealed.

 
Financial Information Act

9 Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out "B.C. Community Financial Services Corporation".

 
Freedom of Information and Protection of Privacy Act

10 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

 
Health Professions Amendment Act, 2003

11 Section 12 of the Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57, as it enacts section 20.1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "section 19 (1) (y.2) (ii)." and substituting "section 19 (1) (y.2) (i)."

12 Section 23 is repealed and the following substituted:

23 Section 33 (1) is amended by striking out "by the complaint." and substituting "by the complainant as soon as possible."

13 Section 54 is repealed and the following substituted:

54 Section 225 (3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out ", a medical practitioner or a registered nurse within the meaning of the Nurses (Registered) Act." and substituting "or a medical practitioner or registered nurse authorized under an enactment to practice as a medical practitioner or registered nurse in British Columbia."

 
Hydro and Power Authority Act

14 Section 12 of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended

(a) by repealing subsection (1) (i),

(b) in subsection (2) (c) by striking out "or enters into partnership with",

(c) in subsection (3) by striking out "or enters into partnership with" and "or the partnership",

(d) by repealing subsection (5) and substituting the following:

(5) Despite the Land Title Act, if the authority acquires all of the property, assets or undertaking of, or amalgamates in any manner with, a firm or person,

(a) all of the interests of that firm or person that are registered in a land title office are deemed to be registered interests of the authority or the amalgamated corporation, as the case may be,

(b) the registrar of that land title office must accordingly make all necessary amendments to the register, and

(c) the amendments constitute registration of the interests under the Land Title Act in favour of the authority or the amalgamated corporation, as the case may be. , and

(e) by repealing subsection (13).

15 Sections 13, 21 (18) to (23), 26, 28 (3) and 29 are repealed.

16 Section 22 is amended by striking out "bylaw or".

17 Section 28 (2) is amended by striking out "auditors appointed by the Lieutenant Governor in Council," and substituting "auditors,".

18 Section 32 (7) is amended by adding the following paragraph:

(k.1) the Financial Information Act; .

 
Interpretation Act

19 Section 3 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by adding the following subsection:

(3.1) If an Act contains a provision to the effect that the Act, or a portion of it, comes into force on a date that is earlier than the date of assent, that Act or portion referred to in the provision

(a) comes into force in accordance with the terms of the provision, and

(b) on coming into force, is deemed to have come into force on the earlier date referred to in the provision and is retroactive to the extent necessary to give it force and effect on and after that earlier date.

20 Section 29 is amended in the definition of "newspaper" by striking out "and sold to the public and to regular subscribers on a genuine subscription list".

21 Section 29 is amended in the definition of "savings institution" by adding "or" at the end of paragraph (c), by striking out "or" at the end of paragraph (d) and by repealing paragraph (e).

 
Jury Act

22 Section 3 (1) of the Jury Act, R.S.B.C. 1996, c. 242, is amended

(a) by repealing paragraphs (g) and (h),

(b) in paragraph (n) by striking out "penitentiary, prison or correctional institution" and substituting "penitentiary, prison, correctional institution or youth custody centre,", and

(c) by striking out "or" at the end of paragraph (p), by adding "or" at the end of paragraph (q) and by adding the following paragraph:

(r) a member of a class of persons prescribed by regulation.

23 Section 34 (2) is amended by adding the following paragraph:

(a.1) prescribing a class of persons the members of which are disqualified from serving as jurors; .

 
Land Title Act

24 Section 373.1 (3) of the Land Title Act, R.S.B.C. 1996, c. 250, as consolidated in section 11 of the Supplement to the Land Title Act, is amended by striking out "Attorney General" and substituting "minister".

 
Miscellaneous Statutes Amendment Act (No. 2), 1999

25 Section 15 of the Miscellaneous Statutes Amendment Act (No. 2), 1999, S.B.C. 1999, c. 38, is repealed.

 
Private Managed Forest Land Act

26 Section 10 of the Private Managed Forest Land Act, S.B.C. 2003, c. 80, is amended

(a) in subsection (4) by striking out "the Company Act and the Company Clauses Act do" and substituting "the Business Corporations Act does", and

(b) in subsection (5) by striking out "the Company Act" and substituting "the Business Corporations Act".

27 Section 61 is repealed.

 
Royal Roads University Act

28 Section 3 (5) of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is repealed and the following substituted:

(5) The Business Corporations Act does not apply to the university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the university.

 
Social Workers Act

29 Section 2 of the Social Workers Act, R.S.B.C. 1996, c. 432, is amended

(a) in subsection (5) by striking out "hold office for one year," and substituting "may be appointed to hold office for a term of up to 3 years,", and

(b) by repealing subsection (7).

30 The following sections are added:

Vacancies on the board

2.1 If a vacancy on the board is caused by the death, resignation or incapacity of a member,

(a) the Lieutenant Governor in Council must appoint, under section 2 (2) (a) or (b), as applicable, a person to hold office for the remainder of the member's term, and

(b) the chair, or the vice chair if the chair is unable to act, may, after consultation with the minister, appoint an individual who would otherwise be qualified for appointment as a member to hold office until the earlier of

(i) an appointment referred to in paragraph (a), and

(ii) 6 months after the date of appointment.

Powers after expiry of term

2.2 The chair, or the vice chair if the chair is unable to act, may authorize a member to continue to hold office after the expiry of the member's term of appointment until the earlier of the following:

(a) the member is reappointed;

(b) a successor is appointed as a member;

(c) a period of 6 months has expired.

 
Tobacco Sales Act

31 Section 1 of the Tobacco Sales Act, R.S.B.C. 1996, c. 451, is amended by repealing the definition of "authorization" and substituting the following:

"authorization" means a retail authorization or a dealer's permit issued under the Tobacco Tax Act; .

 
Transmission Corporation Act

32 Section 2 (1) of the Transmission Corporation Act, S.B.C. 2003, c. 44, is amended by striking out "sections 29 (3), 31" and substituting "sections 31".

 
Trinity Western University Act

33 Section 11 (p) of the Trinity Western University Act, S.B.C. 1969, c. 44, is repealed and the following substituted:

(p) a theological degree:

(q) a degree as defined in section 1 of the Degree Authorization Act

(i) to which section 3 (7) of that Act applies for the University, or

(ii) for which a consent under section 4 (1) of that Act has been given to the University.

 
University Act

34 Section 3 (4) of the University Act, R.S.B.C. 1996, c. 468, is repealed and the following substituted:

(4) The Business Corporations Act does not apply to a university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to a university.

 
Workers Compensation Act

35 The Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by adding the following section:

Delegation of chief review officer's powers and duties

96.6 (1) The chief review officer may delegate in writing to a review officer a power or duty of the chief review officer and may impose any limitations or conditions on the exercise of that power or performance of that duty.

(2) If the chief review officer has delegated a power or duty and subsequently ceases to hold office, the delegation continues in effect

(a) so long as the delegate continues in office, or

(b) until the delegation is revoked by a new chief review officer.

(3) The chief review officer may designate a review officer to act in the chief review officer's place during his or her temporary absence, and while acting in the chief review officer's place the designated review officer has the power and authority of the chief review officer.

36 Section 106 is amended in paragraph (b) of the definition of "employer" by striking out "of this Act".

37 Section 231 is amended by adding the following definition:

"worker" means

(a) a worker as defined in section 1, and

(b) a person who is deemed to be a worker under Part 1 or the regulations under that Part, or to whom that Part applies as if the person were a worker.

38 Section 241 is amended by adding the following subsection:

(6) In subsections (1) (c), (2) and (5), "employer" means

(a) an employer as defined in section 1,

(b) a person who is deemed to be an employer under Part 1 or the regulations under that Part, and

(c) the owner and the master of a fishing vessel for which there is crew to whom Part 1 applies as if the crew were workers.

39 The following section is added to Division 2 of Part 4:

Appeal rights to workers for decisions pre-dating 2004 amendments

244.1 (1) In this section:

"decision" means

(a) a review officer's decision referred to in section 241 (1), (2) or (3),

(b) a decision or an order referred to in section 241 (4), or

(c) a decision referred to in section 241 (5)

made between March 3, 2003 and the date that this section comes into force;

"employer" has the same meaning as in section 241 (6).

(2) Despite section 243 but subject to this section,

(a) a worker,

(b) a deceased worker's dependant,

(c) a member of a deceased worker's family, or

(d) an employer

who is or was directly affected by a decision may appeal that decision to the appeal tribunal by filing a notice of appeal with the tribunal in accordance with section 242 (2).

(3) A notice of appeal under subsection (2) must be filed before expiry of one of the following periods, as applicable:

(a) if the appeal is in respect of a decision referred to in section 241 (1), (2) or (3), 30 days from the date that this section comes into force;

(b) if the appeal is in respect of a decision or order referred to in section 241 (4) or (5), 90 days from the date that this section comes into force.

(4) Section 244 and Divisions 3 and 4 of this Part apply in respect of an appeal filed under this section.

(5) This section does not apply in respect of

(a) a worker,

(b) a deceased worker's dependant,

(c) a member of a deceased worker's family, or

(d) an employer

to whom section 241 applied immediately before this section came into force.

(6) This section may be repealed by regulation of the Lieutenant Governor in Council.

40 Section 249 (5) (b) is amended by striking out "or a member of the worker's family".

41 Section 257 (2) (a) is amended by striking out "within the meaning of Part 1".

 
Transitional and Other Provisions

Validation of bylaw

42 Section 14 (c) of the bylaws of the Association of Professional Engineers and Geoscientists of the Province of British Columbia, which was the subject of a ratification vote of the members of the association by letter ballot in September, 1992, is deemed to have come into force and effect on September 9, 1993, and is valid and retroactive to the extent necessary to give it effect on and after September 9, 1993.

Transitional -- Community Financial Services Act

43 (1) On the repeal of the Community Financial Services Act,

(a) the B.C. Community Financial Services Corporation is dissolved and disestablished,

(b) the appointment of each member of the board of directors of that corporation is rescinded,

(c) the advisory council elected under section 10 of that Act is dissolved and disestablished,

(d) all of the rights, property and assets of the B.C. Community Financial Services Corporation are transferred to and vested in the government, and

(e) subject to section 44 of this Act, all of the debts, liabilities, obligations and covenants of the B.C. Community Financial Services Corporation are transferred to and vested in the government.

(2) On and after the date on which the Community Financial Services Act is repealed, a reference to the B.C. Community Financial Services Corporation in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.

Transitional -- unclaimed deposits

44 (1) In this section, "administrator" has the same meaning as in the Unclaimed Property Act.

(2) If, immediately before the dissolution and disestablishment of the B.C. Community Financial Services Corporation, a debt is owing by that corporation because of a deposit, the government must, after the transfer of assets referred to in section 8 (1) (d),

(a) pay to the administrator an amount equal to the debt, including interest if any, in accordance with the terms and conditions of the debt, and

(b) provide, with that payment, a statement showing the full name, if known, and the last known address, if any, of the creditor.

(3) Payment by the government under subsection (2) (a) discharges the B.C. Community Financial Services Corporation and the government from all liability to the creditor in respect of the debt and interest.

(4) The government may pay the money referred to in subsection (2) (a) out of the consolidated revenue fund without an appropriation other than this Act.

(5) Money paid to the administrator under subsection (2) (a) of this section is deemed to be an unclaimed money deposit under the Unclaimed Property Act.

Commencement

45 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:

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