Bill 17 — 2008: Public Safety and Solicitor General (Gift Card Certainty) Statutes Amendment Act, 2008

HONOURABLE JOHN VAN DONGEN
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL

BILL 17 — 2008

PUBLIC SAFETY AND SOLICITOR GENERAL
(GIFT CARD CERTAINTY) STATUTES
AMENDMENT ACT, 2008

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

SECTION 1: [Business Practices and Consumer Protection Act, section 1]

includes prepaid purchase cards in the definition of "goods";
defines "prepaid purchase cards".

1 Section 1 (1) of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, is amended

(a) in the definition of "goods" by striking out "fixtures and credit," and substituting "fixtures, credit and prepaid purchase cards,", and

"prepaid purchase card" has the meaning given to it in section 56.1 [definitions]; .

SECTION 2: [Business Practices and Consumer Protection Act, section 17] excludes prepaid purchase cards from the definitions of "direct sales contract", "distance sales contract" and "future performance contract".

(a) in the definition of "direct sales contract" by striking out everything after "place of business," and substituting the following:

(a) a funeral contract, interment right contract or preneed cemetery or funeral services contract;

(b) a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount;

(b) in the definition of "distance sales contract" by striking out "before the contract is entered into;" and substituting "before the contract is entered into, but does not include a prepaid purchase card;", and

(c) in the definition of "future performance contract" by striking out everything after "partly executed," and substituting the following:

(a) a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount;

(b) a contract for the supply of goods or services under a credit agreement, as defined in section 57 [definitions], if the goods or services have been supplied;

SECTION 3: [Business Practices and Consumer Protection Act, Part 4.1]

prohibits the issuance or sale of prepaid purchase cards with expiry dates, unless specifically allowed by regulation;
prohibits the charging of a fee in relation to prepaid purchase cards, unless specifically allowed by regulation, and gives consumers a right to a refund in respect of unauthorized charges;
requires certain information to be provided when prepaid purchase cards are issued or sold;
authorizes the Lieutenant Governor in Council to make regulations respecting prepaid purchase cards and governing and regulating business practices in relation to them.

Definitions

56.1 In this Part, but subject to the regulations, "prepaid purchase card" means a card, written certificate or other voucher or device with a monetary value that is issued or sold to a person in exchange for the future supply of goods or services to a consumer, and includes a gift card and gift certificate, but does not include a cash card as defined in Part 6.1 [Payday Loans].

No expiry date

56.2 (1) Except as may be provided by the regulations under section 56.5 [regulations respecting prepaid purchase cards], a supplier must not issue or sell a prepaid purchase card that has an expiry date.

(a) issued or sold with an expiry date in contravention of subsection (1) is redeemable as if it had no expiry date, and

(b) issued or sold without an expiry date is valid until fully redeemed or replaced.

Fees prohibited except as permitted by regulation

56.3 (1) A supplier must not charge a fee to a consumer for anything in relation to a prepaid purchase card, except as may be permitted by the regulations under section 56.5 [regulations respecting prepaid purchase cards].

(2) If a supplier has charged a fee in contravention of subsection (1), the consumer who paid the fee may demand a refund in the amount of the fee by giving written notice to the supplier within one year of the date on which the fee was paid.

(3) A supplier who receives notice under subsection (2) must provide the refund to the consumer within 15 days of receiving the notice.

Information to be provided

56.4 (1) At the time a prepaid purchase card is issued or sold, the supplier must provide the following information to the person to whom the prepaid purchase card is issued or sold:

(a) all restrictions, limitations, terms and conditions imposed in respect of use, redemption or replacement of the prepaid purchase card, including, without limitation, any permitted fee or expiry date;

(b) a description of the way in which a consumer can obtain information respecting the prepaid purchase card, including any remaining balance;

(2) The supplier must provide the information described in subsection (1) in accordance with the regulations, if any, that may be prescribed under section 56.5 [regulations respecting prepaid purchase cards].

Regulations respecting prepaid purchase cards

(b) exempting classes of prepaid purchase cards and classes of persons who issue, sell or redeem them from the application of all or part of this Part;

(c) governing the use of expiry dates for prepaid purchase cards that are exempt from section 56.2 (1) [no expiry date];

(d) respecting the imposition of restrictions, limitations and other terms and conditions on the issuance, sale, use, redemption and replacement of prepaid purchase cards;

(e) governing the fees, including inactivity fees or service fees, that may be charged in relation to prepaid purchase cards, including prescribing the amount of a fee or a method of determining the amount of a fee and prescribing circumstances in which no fee is payable;

(f) respecting information that must be provided in relation to prepaid purchase cards under section 56.4 [information to be provided], and the form, timing and manner of providing that information.

SECTION 4: [Business Practices and Consumer Protection Act, section 203.01] provides that specified provisions under Part 4.1 of the Act, as added by this Bill, do not apply to existing prepaid purchase cards.

Transitional — prepaid purchase cards

203.01 (1) Sections 56.2 (1) and (2) (a), 56.3 and 56.4 and the regulations made under section 56.5 do not apply in respect of prepaid purchase cards issued or sold before this subsection comes into force.

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

SECTION 5: [Civil Forfeiture Act, section 1] amends the definition of "instrument of unlawful activity" to

include property that has been used to engage in unlawful activity that is likely to result in the acquisition of property or an interest in property,
include property that is likely to cause serious bodily harm, and
remove the element of intention.

5 Section 1 (1) of the Civil Forfeiture Act, S.B.C. 2005, c. 29, is amended in the definition of "instrument of unlawful activity"

(a) by repealing paragraph (a) (i) and (ii) and substituting the following:

(i) resulted in or was likely to result in the acquisition of property or an interest in property, or

(ii) caused or was likely to cause serious bodily harm to a person, or , and

(b) in paragraph (b) by striking out "is intended to" and substituting "may".

SECTION 6: [Civil Forfeiture Act, section 8] clarifies the test for the court to make an interim preservation order.

(5) Unless it is not in the interests of justice, the court must make an interim preservation order applied for under this section if the court is satisfied that one or both of the following constitute a serious question to be tried:

(a) whether the whole or the portion of the interest in property that is the basis of the application under subsection (1) is proceeds of unlawful activity;

(b) whether the property that is the basis of the application under subsection (2) is an instrument of unlawful activity.

SECTION 7: [Civil Forfeiture Act, section 12] clarifies that indirectly engaging in unlawful activity includes having knowledge of the unlawful activity and receiving a financial benefit from the activity.

(b) in subsection (1) by adding "and in section 22.1" after "In this Division", and

(2) A person who indirectly engaged in the unlawful activity that is the basis of the application referred to in subsection (1) (a) includes, without limitation, a person who had knowledge of the unlawful activity and received a financial benefit from the unlawful activity.

SECTION 8: [Civil Forfeiture Act, section 15] states explicitly that proceedings under Parts 2 and 3 of the Act are proceedings against property.

SECTION 9: [Civil Forfeiture Act, section 22] clarifies the provision.

9 Section 22 (3) is amended by striking out "the director is responsible for" and substituting "the director's powers, duties and functions include".

SECTION 10: [Civil Forfeiture Act, section 22.1] bestows immunity on the director and other specified persons for actions in good faith.

Personal liability protection

22.1 (1) Subject to subsections (2) and (3), no legal proceeding for damages lies or may be commenced or maintained against the director or a person acting on behalf of or under the direction of the director because of anything done or omitted

(a) in the performance or intended performance of any function or duty under this Act, or

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

(3) Subsection (1) does not operate to prohibit a legal proceeding for damages that is commenced or maintained by an uninvolved interest holder as defined in section 12.

SECTION 11: [Civil Forfeiture Act, section 26] allows settlement monies to be paid into the civil forfeiture account.

11 Section 26 is amended by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:

SECTION 12: [Civil Forfeiture Act, section 27] authorizes the director to make payments out of the civil forfeiture account of his or her own accord, unless the payment is made for a prescribed purpose.

12 Section 27 (2) is amended by striking out "subsection (1) (b) to (e)," and substituting "subsection (1) (e)".

SECTION 13: [Commercial Transport Act, section 1] amends the definition of "trailer" to elaborate on what is included as a house trailer and exclude certain trailers that are not used for business purposes.

13 Section 1 of the Commercial Transport Act, R.S.B.C. 1996, c. 58, is amended in the definition of "trailer" by striking out everything after "but does not include" and substituting the following:

(a) a trailer having a gross vehicle weight of less than 1 401 kg that is licensed under the Motor Vehicle Act,

(ii) designed, constructed and equipped for human occupancy for industrial, professional or commercial purposes, or

(c) a boat, horse, snowmobile, automobile or motorcycle trailer that is not used for business purposes or financial gain; .

SECTION 14: [Commercial Transport Act, section 6] repeals provisions that will now be addressed in regulations under section 11 of the Act as amended by this Bill.

SECTION 15: [Commercial Transport Act, section 11] clarifies and broadens the regulation-making power respecting the issue of certain permits for the temporary operation of commercial vehicles.

15 Section 11 (2) is amended by repealing paragraph (d) and substituting the following:

(d) respecting the issue, and terms and conditions, if any, of a permit for the temporary operation on a highway of a commercial vehicle without the necessity of the commercial vehicle being registered or licensed under this Act; .

SECTION 16: [Liquor Control and Licensing Act, section 12.01] allows for the issuance of time-limited licences with special rules for the 2010 Olympic/Paralympic Games.

16 The Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by adding the following section:

Olympic/Paralympic licences

12.01 (1) Subject to this section and regulations under this section, the general manager may, under section 12, issue an Olympic/Paralympic licence.

(2) An application for an Olympic/Paralympic licence must be accompanied by the following:

(a) comments, if any, from the local government or first nation for the area in which the licence is proposed to be in effect;

(b) an address for notice for the purposes of subsection (3) and an acknowledgment that the address may be used for the purposes of deemed notice to the licensee.

(3) Despite section 20 (4) (a), notice to a licensee with an Olympic/Paralympic licence may be sent by mail to the address given under subsection (2) (b) of this section and, if so sent, the notice is conclusively deemed to have been validly given.

(4) Despite section 12 (2), (3) and (6) and regulations under section 84 (3) (a) and (4), an Olympic/Paralympic licence must include terms and conditions that limit the period during which the licence is in effect, in accordance with the regulations under subsection (8) (f) of this section.

(5) An Olympic/Paralympic licence may not be renewed, transferred or converted to another class or category of licence, but the general manager may, on application by a licensee, amend the terms of a licence and if the general manager refuses to amend the terms of the licence, the general manager must give to the applicant or licensee written reasons for the decision.

(6) For the purposes of section 20 and subsections (2) (b), (3), (7) and (8) (g) and (h) of this section, a reference to "licensee" must be read as including a person who formerly held an Olympic/Paralympic licence.

(7) If the general manager imposes a monetary penalty under section 20 against a licensee with an Olympic/Paralympic licence, the general manager may, in accordance with the regulations, realize on the security given in respect of the licence to the extent of the penalty, and in place of the penalty, if the penalty is not paid by the licensee by the date specified in the notice under section 20 (4) (c) (i).

(8) Without limiting the authority of the Lieutenant Governor in Council to make regulations under another section of this Act, the Lieutenant Governor in Council may make regulations as follows:

(b) prescribing an area in which an Olympic/Paralympic licence may be in effect;

(c) governing comments of a local government or first nation for the area in which an Olympic/Paralympic licence is proposed to be in effect;

(d) subject to subsection (4), setting terms and conditions respecting all matters relating to the sale of liquor in establishments and all matters relating to the operation of establishments that are the subject of an Olympic/Paralympic licence, including, without limitation, a term or condition referred to in section 84 (4);

(e) establishing the practices and procedures to be followed by the general manager in reviewing and issuing an Olympic/Paralympic licence;

(f) setting the dates between which an Olympic/Paralympic licence may be in effect;

(g) respecting security to be given in respect of an Olympic/Paralympic licence to ensure payment by a licensee of any monetary penalty;

(h) respecting the manner in which security given in respect of an Olympic/Paralympic licence may be realized or must be returned to a licensee, and establishing procedures;

(i) exempting Olympic/Paralympic licences from a provision of this Act other than this section and section 20, or from a provision of a regulation made under a provision of this Act other than this section.

(9) If the Lieutenant Governor in Council makes a regulation under subsection (8) (i) exempting Olympic/Paralympic licences from a provision of this Act or a provision of a regulation made under another section of this Act, the Lieutenant Governor in Council may also make a regulation exempting from that provision

(a) another class or category of licence in effect in a prescribed area referred to in subsection (8) (b), and

provided that the exemption is for no longer than the period of time specified under subsection (8) (f).

(10) In making an exemption under subsection (8) (i) or (9), the Lieutenant Governor in Council may

(a) make the exemption unconditionally or on conditions the Lieutenant Governor in Council considers advisable,

(b) substitute other requirements for the exemption that the Lieutenant Governor in Council considers advisable, or

(c) permit the general manager to substitute other requirements for the exemption that the general manager considers advisable.

(11) This section may be repealed by regulation of the Lieutenant Governor in Council and, on that repeal, regulations made under this section are also repealed.

SECTION 17: [Liquor Control and Licensing Act, section 84] aligns regulation authority with the new fee structure for the Olympic/Paralympic licence, and permits the making of regulations for liquor delivery services.

(a) in paragraph (c) by striking out "persons and establishments" and substituting "persons, licences and establishments", and

SECTION 18: [Motor Vehicle Act, section 5] is self-explanatory.

18 Section 5 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed.

SECTION 19: [Motor Vehicle Act, section 21] stipulates that registration number plates are not required to be displayed on towing dollies from jurisdictions that do not issue registration number plates for that type of trailer.

(c) that has displayed on it the registration number plates of that jurisdiction for the current year, or is a trailer that is designed exclusively to carry one axle of a motor vehicle for the purpose of towing that motor vehicle behind another motor vehicle and is from a jurisdiction that does not issue registration number plates for that type of trailer, .

SECTION 20: [Motor Vehicle Act, section 31] requires that the holder of a driver's licence who changes his or her name notify the Insurance Corporation of British Columbia in person.

(2) In case of a change of name, by marriage or otherwise, of the holder of a driver's licence issued under this Act, the person must, within 10 days of the change of name, notify in person the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation for the purposes of section 25 (1) of the number of the driver's licence and the former name and the new name in full.

SECTION 21: [Motor Vehicle Act, section 34] is consequential to the repeal of section 6 (7) of the Commercial Transport Act by this Bill.

(c) a motor vehicle operated under a permit issued pursuant to a regulation made under section 11 (2) (d) of the Commercial Transport Act; .

SECTION 22: [Motor Vehicle Act, section 36] is self-explanatory.

SECTION 23: [Motor Vehicle Act, section 42] broadens provisions concerning manufacturer's licences.

(a) in subsection (1) by striking out "who does not sell the vehicles at retail",

(b) in subsection (3) by striking out ", authorizing the manufacturer to operate on the highway vehicles manufactured by the manufacturer, for the purpose of a road test or for delivery to a purchaser",

(3.1) A manufacturer's licence authorizes the use or operation on a highway of a vehicle manufactured by the manufacturer for the following purposes:

(3.2) A vehicle referred to in subsection (3.1) (b) or (c) must be delivered without load unless

(a) the vehicle complies with safety standards under the Motor Vehicle Safety Act (Canada) and bears the national safety mark as required under that Act, and

(d) in subsection (5) by striking out "being operated for the purpose of a road test or delivery to a purchaser" and substituting "being used or operated on a highway", and

(e) in subsection (6) by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) in the case of a trailer that is being delivered, either person referred to in paragraph (a) or (b) or a person authorized by the manufacturer.

Commencement

24 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes