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

Part 1 — Aboriginal Relations and Reconciliation Amendments

Manufactured Home Tax Act

1 Section 2 of the Manufactured Home Tax Act, R.S.B.C. 1996, c. 281, is amended by striking out "Vancouver Charter or any other Act," and substituting "Treaty First Nation Taxation Act, Vancouver Charter or any other Act,".

2 Section 3 (2) is amended by striking out "or the Vancouver Charter," and substituting ", Treaty First Nation Taxation Act or Vancouver Charter,".

3 Section 4 is amended by adding the following paragraph:

(a.1) owned by a taxing treaty first nation, as defined in the Treaty First Nation Taxation Act, and occupied by or on behalf of the taxing treaty first nation, .

Tourist Accommodation (Assessment Relief) Act

4 Section 1 of the Tourist Accommodation (Assessment Relief) Act, R.S.B.C. 1996, c. 454, is amended in the definition of "designated Act" by striking out "or the Vancouver Charter;" and substituting ", the Treaty First Nation Taxation Act or the Vancouver Charter;".

Treaty First Nation Taxation Act

5 Section 1 of the Treaty First Nation Taxation Act, S.B.C. 2007, c. 38, is amended by adding the following definitions:

"improvements" has the same meaning as in the Assessment Act;

"land" has the same meaning as in the Assessment Act; .

6 The following sections are added:

Exemptions from treaty first nation taxation

4.2  (1) Land or improvements or both vested in or held by

(a) a taxing treaty first nation, or

(b) a taxing treaty first nation jointly with a municipality or regional district

are exempt from taxation by the taxing treaty first nation to the same extent that land, improvements or both vested in or held by a municipality or by a municipality jointly with another municipality or a regional district are exempt from taxation by the municipality under section 220 (1) (b) of the Community Charter.

(2) Sections 229 and 230 of the Community Charter apply in relation to a taxing treaty first nation and its treaty lands and, for that purpose, a reference in those sections to a municipality must be read as a reference to the taxing treaty first nation or its treaty lands, as the context requires.

Regulations

7.1  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations establishing the maximum penalty rate a taxing treaty first nation may apply to property taxes that are not paid when due.

Part 2 — Advanced Education and Labour Market
Development Amendments

College and Institute Act

7 Section 19 (1) of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended by adding the following paragraphs:

(b.1) regulate, prohibit and impose requirements in relation to the use of real property, buildings, structures and personal property of the institution, including in respect of

(i) activities and events,

(ii) vehicle traffic and parking, including bicycles and other conveyances, and

(iii) pedestrian traffic;

(b.2) regulate, prohibit and impose requirements in relation to noise on or in real property, buildings and structures of the institution;

(b.3) for the purposes of paragraphs (b.1) and (b.2), provide for the removal, immobilization or impounding, and recovery, of any property associated with a contravention of a bylaw or other instrument made in the exercise of a power under this section;

(b.4) set, determine and collect fees for the purposes of paragraphs (b.1) to (b.3), including in relation to approvals, permits, security, storage and administration, and expenses related to any of these;

(b.5) regulate, prohibit and impose requirements in relation to nuisance on or in real property, buildings and structures of the institution, including providing for remediation of a nuisance and recovery of the costs of remediation;

(h.1) impose and collect penalties, including fines, in relation to a contravention of a bylaw or other instrument made in the exercise of a power under this section;

(h.2) provide for the hearing and determination of disputes arising in relation to

(i) the contravention of a bylaw or other instrument made in the exercise of a power under this section, and

(ii) the imposition of a penalty under paragraph (h.1); .

8 The following section is added:

Offence Act does not apply

66.1  Section 5 of the Offence Act does not apply to this Act or a regulation made under it.

Royal Roads University Act

9 The Royal Roads University Act, R.S.B.C. 1996, c. 409, is amended by adding the following section:

Offence Act does not apply

19  Section 5 of the Offence Act does not apply to this Act or a regulation made under it.

Thompson Rivers University Act

10 Section 2 (2) of the Thompson Rivers University Act, S.B.C. 2005, c. 17, is repealed and the following substituted:

(2) The university has the power and capacity of a natural person of full capacity.

11 The following section is added:

Offence Act does not apply

12.1  Section 5 of the Offence Act does not apply to this Act or a regulation made under it.

University Act

12 Section 27 (2) of the University Act, R.S.B.C. 1996, c. 468, is amended

(a) by repealing paragraph (t) and substituting the following:

(t) to regulate, prohibit and impose requirements in relation to the use of real property, buildings, structures and personal property of the university, including in respect of

(i) activities and events,

(ii) vehicle traffic and parking, including bicycles and other conveyances, and

(iii) pedestrian traffic;

(t.1) to regulate, prohibit and impose requirements in relation to noise on or in real property, buildings and structures of the university;

(t.2) for the purposes of paragraphs (t) and (t.1), to provide for the removal, immobilization or impounding, and recovery, of any property associated with a contravention of a rule or other instrument made in the exercise of a power under this section;

(t.3) to set, determine and collect fees for the purposes of paragraphs (t) to (t.2), including in relation to approvals, permits, security, storage and administration, and expenses related to any of these;

(t.4) to regulate, prohibit and impose requirements in relation to nuisance on or in real property, buildings and structures of the university, including providing for remediation of a nuisance and recovery of the costs of remediation;

(x.1) to impose and collect penalties, including fines, in relation to a contravention of a rule or other instrument made in the exercise of a power under this section;

(x.2) to provide for the hearing and determination of disputes arising in relation to

(i) the contravention of a rule or other instrument made in the exercise of a power under this section, and

(ii) the imposition of a penalty under paragraph (x.1); , and

(b) in paragraph (y) by adding ", directly or indirectly," after "carrying out and advancing".

13 Section 46.1 is repealed and the following substituted:

Power and capacity of a natural person

46.1 A university has the power and capacity of a natural person of full capacity.

14 Section 50 (1) is repealed and the following substituted:

(1) For the purposes of carrying out and advancing, directly or indirectly, the purposes of a university, a university may acquire, by gift, purchase or any other manner, and hold, property of any kind.

15 The following section is added to Part 12:

Offences

70.2  (1) A person who contravenes section 67 (1), (2) or (5) commits an offence.

(2) Section 5 of the Offence Act does not apply to this Act or a regulation made under it.

 
Transitional Provision

Transition — validity of rules, bylaws or other instruments

16  (1) In this section, "pre-amendment provision" means any of the following sections, as those sections read at any time before their amendment by this Act:

(a) section 19 of the College and Institute Act;

(b) section 7 of the Thompson Rivers University Act;

(c) section 10 of the Royal Roads University Act;

(d) sections 27 and 50 of the University Act.

(2) Despite any pre-amendment provision and despite any decision of a court to the contrary made before or after the coming into force of this section, if a rule, bylaw or other instrument made under a pre-amendment provision is authorized under section 19 of the College and Institute Act, section 7 of the Thompson Rivers University Act, section 10 of the Royal Roads University Act or section 27 or 50 of the University Act, as amended by this Act,

(a) the rule, bylaw or other instrument is conclusively deemed to be valid for all purposes,

(b) all actions taken under the rule, bylaw or other instrument are conclusively deemed to be valid including, without limitation,

(i) the collection of a fee,

(ii) the removal, immobilization or impoundment of a vehicle in contravention of the rule, including for failure to pay a fee levied under the rule, bylaw or other instrument, and

(iii) the imposition of a penalty, including a fine, for failure to pay a fee levied under the rule, bylaw or other instrument, and

(c) no refund, restitution or other compensation may be paid in respect of fees or penalties, including fines, collected under the rule, bylaw or other instrument.

(3) 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.

Part 3 — Attorney General Amendments

Adult Guardianship and Planning Statutes Amendment Act, 2007

17 Section 19 (b) of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, as it amends section 1 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended by repealing the definition of "personal guardian" and substituting the following:

"personal guardian" means a committee of a person who is declared under the Patients Property Act to be

(a) incapable of managing himself or herself, or

(b) incapable of managing himself or herself and his or her affairs; .

18 Section 38, as it enacts section 10 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by repealing the definitions of "health care provider" and "qualified health care provider" and substituting the following:

"health care provider" means a person who is licensed, certified or registered under a prescribed Act to provide health care;

"qualified health care provider" means a medical practitioner or a member of a prescribed class of health care providers; .

19 Section 38, as it enacts section 30 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended

(a) in section 30 (3) by striking out "Adult Guardianship Act if the adult has a statutory property guardian under that Act." and substituting "Patients Property Act.", and

(b) in section 30 (4) (d) by striking out "section 12 or 33 (5) of the Adult Guardianship Act," and substituting "section 19 or 19.1 of the Patients Property Act,".

20 Section 38, as it enacts section 32 (3) of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is repealed and the following substituted:

(3) A qualified health care provider or other person who is responsible for assessing the adult's incapability has the right to all the information necessary to enable the qualified health care provider or other person to perform his or her duties under this Act or an enduring power of attorney.

(4) Any person who has custody or control of information that a qualified health care provider or other person is entitled to under subsection (3) must disclose that information to the qualified health care provider or other person.

(5) Subsection (4) overrides

(a) any claim of confidentiality or privilege, except a claim based on solicitor-client privilege, and

(b) any restriction in an enactment or the common law about the disclosure or confidentiality of information, except a restriction in section 51 of the Evidence Act.

21 Section 38, as it enacts section 34 (3) (e) of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is repealed and the following substituted:

(e) take steps under the Patients Property Act to become a committee; .

22 Section 38, as it enacts section 41 (2) of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by adding the following paragraphs:

(f) prescribing Acts for the purpose of the definition of "health care provider" in section 10;

(g) prescribing classes of health care providers whose members may act as qualified health care providers.

23 Section 69, as it repeals and replaces the definition of "trustee" in section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by repealing paragraph (a) and substituting the following:

(a) a committee under the Patients Property Act, .

24 Section 70 (a), as it repeals and replaces the definition of "personal representative" in section 18 (1) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended by repealing paragraph (e) and substituting the following:

(e) a committee under the Patients Property Act.

25 Section 71, as it amends section 1 (2) (f) of the Court Rules Act, R.S.B.C. 1996, c. 80, is amended by adding "the Patients Property Act," before "Parts 2 and 3 of the Power of Attorney Act,".

26 Section 72, as it amends the definition of "trust business" in section 1 (1) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is amended by repealing paragraph (c) and substituting the following:

(c) committee, under the Patients Property Act, of a mentally disordered person's estate; .

27 Section 74, as it enacts section 67.2 (2) of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended by repealing paragraph (b) and substituting the following:

(b) a committee under the Patients Property Act, or .

28 Section 75 (d), as it enacts section 112 (10) of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended by repealing paragraph (b) and substituting the following:

(b) a committee under the Patients Property Act, or .

29 Section 76, as it amends the definition of "owner" in section 1 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by repealing paragraph (b) and substituting the following:

(b) a committee under the Patients Property Act, .

30 Section 77, as it enacts section 91 (2.4) of the Family Relations Act, R.S.B.C. 1996, c. 128, is repealed and the following substituted:

(2.4) A committee may apply for an order under this Part on behalf of a parent described in section 90 of this Act, if the committee is authorized to act for the parent under the Patients Property Act.

31 Section 78 (a), as it amends the definition of "trust business" in section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by repealing paragraph (c) and substituting the following:

(c) committee, under the Patients Property Act, of the estate of a person with a mental disorder, .

32 Section 79, as it amends section 73 (1) and (4) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by striking out "statutory property guardian or property guardian under the Adult Guardianship Act," and substituting "committee under the Patients Property Act,".

33 Sections 81, 83 and 111 are repealed.

34 Section 84, as it repeals and replaces section 92 (1) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by repealing paragraph (b) (i) and substituting the following:

(i) a committee under the Patients Property Act, .

35 Section 90 is repealed and the following substituted:

90 Section 56 (3) is repealed and the following substituted:

(3) For the purpose of this Act, but subject to section 57 (1), an enduring power of attorney that is filed under section 51 of this Act remains valid, unless terminated by another means, until an order terminating the enduring power of attorney is filed in the land title office.

36 Section 92 (a) is repealed and the following substituted:

(a) by repealing paragraph (c) and substituting the following:

(c) a committee under the Patients Property Act; , and .

37 Section 93 (a) is repealed and the following substituted:

(a) by repealing subparagraph (iii) and substituting the following:

(iii) a committee under the Patients Property Act; , and .

38 Section 105 (a), as it repeals and replaces the definition of "guardian" in section 1 of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by striking out "a statutory property guardian or guardian under the Adult Guardianship Act;" and substituting "a committee under the Patients Property Act;".

39 Section 107 is repealed and the following substituted:

107 Section 6 (c) is amended by striking out "a power of attorney." and substituting "a power of attorney or an enduring power of attorney."

Assessment Act

40 Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended in the definition of "trustee" by repealing paragraph (a) and substituting the following:

(a) a statutory property guardian or property guardian under the Adult Guardianship Act, .

Community Care and Assisted Living Act

41 Section 18 (1) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended in the definition of "personal representative" by repealing paragraph (e) and substituting the following:

(e) a statutory property guardian or property guardian under the Adult Guardianship Act.

Court Rules Act

42 Section 1 (2) (f) of the Court Rules Act, R.S.B.C. 1996, c. 80, is amended by striking out "the Patients Property Act,".

Credit Union Incorporation Act

43 Section 1 (1) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is amended in the definition of "trust business" by repealing paragraph (c) and substituting the following:

(c) statutory property guardian or property guardian under the Adult Guardianship Act; .

Estate Administration Act

44 Section 67.2 (2) (b) of the Estate Administration Act, R.S.B.C. 1996, c. 122, is repealed and the following substituted:

(b) a statutory property guardian or property guardian acting under the Adult Guardianship Act, or .

45 Section 112 (10) (b) is repealed and the following substituted:

(b) a statutory property guardian or property guardian acting under the Adult Guardianship Act, or .

Expropriation Act

46 Section 1 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended in the definition of "owner" by repealing paragraph (b) and substituting the following:

(b) a statutory property guardian or property guardian under the Adult Guardianship Act, .

Family Relations Act

47 Section 91 (2.4) of the Family Relations Act, R.S.B.C. 1996, c. 128, is repealed and the following substituted:

(2.4) A statutory property guardian or a property guardian may apply for an order under this Part on behalf of a parent described in section 90 of this Act, if the statutory property guardian or property guardian is authorized to act for the parent under the Adult Guardianship Act.

Financial Institutions Act

48 Section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended in the definition of "trust business" by repealing paragraph (c) and substituting the following:

(c) statutory property guardian or property guardian under the Adult Guardianship Act, .

49 Section 73 (1) and (4) is amended by striking out "committee under the Patients Property Act," and substituting "statutory property guardian or property guardian under the Adult Guardianship Act,".

Health Care (Consent) and Care Facility (Admission) Act

50 Section 1 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended by repealing the definition of "personal guardian" and substituting the following:

"personal guardian" means a personal guardian appointed under the Adult Guardianship Act; .

Insurance (Vehicle) Act

51 Section 92 (1) (b) (i) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is repealed and the following substituted:

(i) a statutory property guardian or property guardian under the Adult Guardianship Act, .

Interpretation Act

52 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended in the definition of "province" by striking out "the Yukon Territory" and substituting "Yukon".

Judicial Compensation Act

53 Section 1 (1) of the Judicial Compensation Act, S.B.C. 2003, c. 59, is amended by adding the following definition:

"lawyer" means a member or former member of the Law Society of British Columbia; .

54 Sections 2 and 3 are amended

(a) in subsection (1) by striking out "2004" and substituting "2010" and by striking out "3 individuals" and substituting "5 individuals", and

(b) in subsection (2) (a) and (b) by striking out "one individual" and substituting "2 individuals".

55 Section 4 is amended

(a) in subsection (1) by adding ", and the appointment is subject to the exclusions specified under subsections (3) and (3.1)" after "as the individual who vacated the position was appointed", and

(b) by repealing subsection (3) and substituting the following:

(3) The following may not be appointed to a commission:

(a) a judge or judicial justice;

(b) a retired judge or retired judicial justice;

(c) a person employed in the public service or by a Crown corporation;

(d) a member or former member of the judicial council continued under section 21 of the Provincial Court Act.

(3.1) At least one of the individuals appointed under each of sections 2 (2) (a) and (b) and 3 (2) (a) and (b) must be someone who is not a lawyer.

Land Title Act

56 Section 56 (3) of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:

(3) For the purpose of this Act, but subject to section 57 (1), an enduring power of attorney that is filed under section 51 of this Act remains valid, unless terminated

(a) under section 12 or 33 (5) of the Adult Guardianship Act, and a copy of the order or notice of termination is filed in the land title office, or

(b) by another means.

Legal Profession Act

57 Section 35 (c) of the Legal Profession Act, S.B.C. 1998, c. 9, is repealed and the following substituted:

(c) a statutory property guardian or guardian under the Adult Guardianship Act; .

58 Section 50 (6) (g) (iii) is repealed and the following substituted:

(iii) a statutory property guardian or guardian under the Adult Guardianship Act; .

Power of Attorney Act

59 Section 10 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by repealing the definitions of "health care provider" and "qualified health care provider" and substituting the following:

"health care provider" means a health care provider under the Adult Guardianship Act;

"qualified health care provider" means a qualified health care provider under the Adult Guardianship Act; .

60 Section 30 is amended

(a) in subsection (3) by striking out "Patients Property Act." and substituting "Adult Guardianship Act if the adult has a statutory property guardian under that Act.", and

(b) in subsection (4) (d) by striking out "section 19 or 19.1 of the Patients Property Act," and substituting "section 12 or 33 (5) of the Adult Guardianship Act,".

61 Section 34 (3) (e) is repealed and the following substituted:

(e) apply for a guardianship order under the Adult Guardianship Act, or take steps to become a statutory property guardian under that Act; .

62 Section 41 (2) (f) and (g) is repealed.

Public Guardian and Trustee Act

63 Section 1 of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended in the definition of "guardian" by striking out "a committee under the Patients Property Act;" and substituting "a statutory property guardian or guardian under the Adult Guardianship Act;".

64 Section 6 (b) is amended by striking out "or" at the end of subparagraph (ii) and by repealing subparagraph (iii) and substituting the following:

(iii) by a court,

(iv) by a statute, or

(v) by agreement of the Public Guardian and Trustee, and .

Securities Act

65 Section 141.2 (2) (b) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by striking out "under this Act or the regulations," and substituting "under this Act,".

Sheriff Act

66 The Sheriff Act, R.S.B.C. 1996, c. 425, is amended by adding the following section:

Powers, duties and responsibilities of sheriffs

4.1  In addition to the powers conferred and the duties and responsibilities established at common law or under any other Provincial or federal enactment, sheriffs have the powers conferred and duties and responsibilities established under this Act.

67 Section 6.1 is amended

(a) in paragraph (d) of the definition of "court" in subsection (1) by adding "of the minister" after "by regulation",

(b) in subsection (1) in the definition of "court facility" by adding "of the minister" after "and the regulations",

(c) in subsection (1) by adding the following definition:

"court facility area" means

(a) the grounds or other areas belonging to or used in connection with a court facility, and

(b) the roads, streets or lanes immediately adjacent to a court facility or to the grounds or other areas referred to in paragraph (a); ,

(d) in subsection (1) in the definition of "restricted zone" by adding "of the minister" after "the regulations",

(e) in subsection (2) by adding "of the minister" after "the regulations",

(f) in subsection (3) (a) and (b) by striking out "in the prescribed manner" and substituting "in the manner prescribed by the minister",

(g) in subsection (3) (d) by adding "of the minister" after "the regulations",

(h) in subsection (4) (a) by striking out "in the prescribed manner," and substituting "in the manner prescribed by the minister,",

(i) by adding the following subsection:

(4.1) In addition to his or her powers under subsection (3), a sheriff may arrest a person who is in a court facility area or evict a person from a court facility area if

(a) the person is in possession of a weapon and refuses to comply with the sheriff's request to relinquish the weapon to the sheriff, or

(b) the sheriff has reason to believe that the person is

(i) a threat to the safety of the court facility or the health or safety of any of the occupants of the court facility, or

(ii) disrupting court proceedings. ,

(j) in subsection (5) (b) by striking out "a court facility or a restricted zone," and substituting "a court facility, a restricted zone or a court facility area,", and

(k) in subsection (5) (c) by striking out "a court facility." and substituting "a court facility or a court facility area."

68 Section 6.2 (3) is amended by adding "of the minister" after "in accordance with the regulations".

69 Section 11 is amended by striking out "a prescribed fee." and substituting "a fee prescribed by the minister."

70 The following section is added:

Ministerial orders

13.1  The minister may make orders for the purposes of section 15 (2) (b).

71 Section 14 is amended

(a) by repealing subsection (1), and

(b) in subsection (2) by striking out "Without limiting subsection (1), the minister may," and substituting "The minister may,".

72 The following section is added:

Regulations of the Lieutenant Governor in Council

15  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) establishing additional duties and responsibilities that may or must be undertaken by sheriffs;

(b) conferring powers on sheriffs in relation to their duties and responsibilities, including, without limiting this, conferring powers equivalent to those under section 6.1 that may be exercised in circumstances specified in the regulation or order of the minister;

(c) in relation to the duties and responsibilities that may be undertaken by sheriffs, authorizing the director to determine the circumstances in which duties and responsibilities are undertaken and powers exercised.

 
Transitional Provisions

Transition — Public Guardian and Trustee Act

73  (1) Any money paid to and accepted by the Public Guardian and Trustee as fees for acting as a trustee under a statute is conclusively deemed to have been owing under the Public Guardian and Trustee Act to, and validly collected by, the Public Guardian and Trustee,

(a) in the case of the Insurance (Motor Vehicle) Act, now titled the Insurance (Vehicle) Act, after April 1, 1988 and before February 28, 2000, and

(b) in the case of any other statute, after July 8, 1994 and before February 28, 2000.

(2) Without limiting subsection (1), a person does not have a right of action or other remedy against the Public Guardian and Trustee for the recovery of money that was paid to the Public Guardian and Trustee as fees for acting as a trustee under a statute during a period referred to in that subsection.

(3) 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.

Retroactive effect — Trade, Investment and Labour Mobility
Agreement Implementation Act

74  (1) Section 79 of the Trade, Investment and Labour Mobility Agreement Implementation Act, S.B.C. 2008, c. 39, is deemed to have come into force on January 1, 2009.

(2) This section is retroactive to the extent necessary to give it full force and effect and must not be construed as lacking retroactive effect in relation to a matter because it makes no specific reference to that matter.

Part 4 — Community and Rural Development Amendments

Assessment Act

75 Section 19 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended

(a) in the definition of "eligible supportive housing property" by adding "or a regional health board" after "from the government", and

(b) by adding the following definition:

"regional health board" means a board as defined in section 1 of the Health Authorities Act; .

76 Section 19.1 (1) (a) is repealed and the following substituted:

(a) except in respect of classifying the strata lot for the 2008 taxation year, the strata lot

(i) was classified as being only in the class 1 property class for the previous taxation year, and

(ii) met the requirements in paragraph (b) when the strata lot was classified for the previous taxation year, and .

Municipalities Enabling and Validating Act (No. 3)

77 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:

Part 9 — 2009

Definitions

31  In this Part:

"sign" includes sign boards, advertisements, advertising devices and structures;

"specified municipality" means any of the following:

(a) the City of Richmond;

(b) the City of Vancouver;

(c) the Resort Municipality of Whistler.

Enforcement of bylaws in relation to signs

32  (1) Subject to this section and section 34, an officer or employee of a specified municipality or a person authorized by the council of a specified municipality has the authority to enter on property, and to enter into property, without the consent of the owner or occupier for the purpose of enforcing, in accordance with subsection (4), the specified municipality's bylaws in relation to signs.

(2) Except in the case of a significant risk to the health or safety of persons or property, a person

(a) may only exercise the authority in subsection (1) at reasonable times and in a reasonable manner, and

(b) must take reasonable steps to advise the owner or occupier before entering the property.

(3) A person may only exercise the authority in subsection (1) to enter into a place that is occupied as a private dwelling if any of the following applies:

(a) the occupier consents;

(b) the specified municipality has given the occupier at least 24 hours' written notice of the entry and the reasons for it;

(c) the entry is made under the authority of a warrant under this or another Act;

(d) the person exercising the authority has reasonable grounds for believing that failure to enter may result in a significant risk to the health or safety of the occupier or other persons.

(4) A person who has entered on property, or entered into property, in accordance with this section has the authority to enforce the specified municipality's bylaws in relation to signs by removing, covering or altering the sign that is in contravention of these bylaws.

(5) A specified municipality may

(a) remove, cover or alter a sign that is in contravention of the specified municipality's bylaws in relation to signs at the expense of the owner or the occupier of the property on which the sign is located, and

(b) recover the costs incurred from that person as a debt.

(6) If satisfied by evidence on oath or affirmation that access to property is necessary for the purpose of enforcing a specified municipality's bylaws in relation to signs, a justice may issue a warrant authorizing a person named in the warrant to enter on or into property for that purpose.

Enforcement of bylaws in relation to graffiti

33  (1) Subject to this section and section 34, an officer or employee of a specified municipality or a person authorized by the council of a specified municipality has the authority to enter on property without the consent of the owner or occupier for the purpose of enforcing, in accordance with subsection (3), the specified municipality's bylaws in relation to graffiti.

(2) A person

(a) may only exercise the authority in subsection (1) at reasonable times and in a reasonable manner, and

(b) must take reasonable steps to advise the owner or occupier before entering the property.

(3) A person who has entered on property in accordance with this section has the authority to enforce the specified municipality's bylaws in relation to graffiti by removing, covering or altering the graffiti that is in contravention of these bylaws.

Exercise of powers in sections 32 and 33

34  The powers in sections 32 and 33 may be exercised only during the period of February 1, 2010 to March 31, 2010.

Vancouver Charter

78 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by repealing section 161A and substituting the following:

Permits and delegation of authority to issue permits

161A.  (1) A regulatory by-law may provide for regulation by the use of permits and may do one or more of the following:

(a) fix a fee for a permit;

(b) provide for the effective period of a permit;

(c) establish terms and conditions of a permit;

(d) establish terms and conditions that must be met for obtaining, continuing to hold or renewing a permit;

(e) provide that terms and conditions for a permit may be imposed, the nature of the terms and conditions and who may impose them.

(2) Any official authorized by by-law to issue a permit may delegate that authority to any person under the official's control.

79 Section 273 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The Council may, by by-law, do one or more of the following:

(a) provide for the effective period of a licence referred to in section 272 (1);

(b) establish terms and conditions of a licence referred to in section 272 (1);

(c) establish terms and conditions that must be met for obtaining, continuing to hold or renewing a licence referred to in section 272 (1);

(d) provide that terms and conditions for a licence referred to in section 272 (1) may be imposed, the nature of the terms and conditions and who may impose them;

(e) set different effective periods of a licence for different classes of licences and, with respect to a licence referred to in section 272 (1) (a), set different effective periods for a licence for different businesses, trades, professions or occupations;

(f) provide for the prorating of the prescribed fee for a licence referred to in section 272 (1) in relation to the effective period of the licence. ,

(b) by repealing subsection (2), and

(c) by repealing subsection (3) and substituting the following:

(3) The Council may delegate to an officer or employee of the city the authority to set the effective period referred to in subsection (1) under terms and conditions established in the by-law.

80 Section 317 (1) is amended

(a) in paragraph (a) by striking out "the stopping and parking" and substituting "the stopping, parking and routing", and

(b) by repealing paragraphs (c), (f), and (g) and substituting the following:

Classification of vehicles

(c) for defining and establishing different classes of vehicles and making different provisions, including exceptions, for the different classes established, and for making different provisions for different areas, times, conditions or circumstances as described by by-law in the exercise of any of the powers of the Council with respect to the use of streets;

Classification of streets

(f) with respect to the use of streets, for establishing different classes of streets and parts of streets and making different provisions, including exceptions, for the different classes established, and for making different provisions for different areas, times, conditions or circumstances;

Classification of pedestrian traffic

(ff) for defining and establishing different classes of pedestrian traffic and making different provisions, including exceptions, for the different classes established, and for making different provisions for different areas, times, conditions or circumstances as described by by-law in the exercise of any of the powers of the Council with respect to the use of streets; .

81 Section 319 is amended

(a) by renumbering the section as section 319 (1),

(b) in subsection (1) (d) by striking out "advertising-matter" in both places and substituting "signs or other advertising",

(c) in subsection (1) (e) by striking out ", and for prohibiting persons from distributing any such matter if it is likely to be thrown or left upon a street",

(d) in subsection (1) by adding the following paragraphs:

Street performers

(h) for regulating persons who perform or entertain on a street;

Limiting permits

(i) for regulating the number of permits which may be granted to persons in respect of sales on streets and to persons who perform or entertain on a street. , and

(e) by adding the following subsection:

(2) The Council may, for the purposes of subsection (1), except for paragraph (g), make by-laws that do one or more of the following:

(a) make different provisions for different areas, times, conditions or circumstances as described by by-law;

(b) establish different classes of persons, places, activities, property or things;

(c) make different provisions, including exceptions, for different classes established under paragraph (b).

82 The following sections are added:

Relaxation of advertising by-laws

319.1  (1) The Council may, by by-law, provide for the relaxation of a by-law under section 319 (1) (d) in one or more of the following circumstances:

(a) enforcement of the by-law would result in unnecessary hardship;

(b) the signs or other advertising use technology not contemplated by the
by-law;

(c) the signs or other advertising are in relation to a special event, as designated by Council by by-law or resolution.

(2) A by-law under subsection (1) may authorize such relaxations to be made by the Council, by any official of the city or by a board composed of such officials.

(3) A relaxation under this section, whether made by the Council, an official or a board, may be limited in time and may be made subject to conditions.

(4) A person whose request for a relaxation is dealt with by an official or a board is entitled to have the Council reconsider the matter.

Temporary traffic restriction and traffic control

319.2  (1) The Council may temporarily restrict or prohibit all or some types of traffic on a street.

(2) The Council may, by by-law, authorize an official of the city or any other person to control traffic on a street, or to temporarily restrict or prohibit all or some types of traffic on a street, in relation to matters specified in the by-law.

83 Section 323 (b) is amended by striking out "with the permission of the Mayor," and substituting "with the permission of the Mayor or an official of the city designated by by-law,".

84 Section 333 is repealed and the following substituted:

Fines and penalties

333.  (1) Subject to subsection (2), the Council may make by-laws for the purposes of enforcing its by-laws, including establishing one or more of the following penalties to which a person convicted of an offence in a prosecution under the Offence Act is liable:

(a) a minimum fine;

(b) a maximum fine of up to $10 000;

(c) in the case of a continuing offence, for each day that the offence continues either or both of

(i) a minimum fine under paragraph (a), or

(ii) a maximum fine under paragraph (b);

(d) imprisonment for not more than 6 months.

(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.

(3) If no other penalties are established in relation to an offence referred to in subsection (1), the penalties established by section 4 [general penalty] of the Offence Act apply.

(4) In a prosecution for an offence against a city by-law, the justice or court may impose all or part of the penalties applicable in relation to the offence, together with the costs of prosecution.

85 Section 491 is amended

(a) by renumbering the section as section 491 (1),

(b) in subsection (1) (c) by adding ", including the regulation of the number, size, type, form, appearance and location of signs, whether projecting into a street or not" after "in any of the parks", and

(c) by adding the following subsection:

(2) The Board may, for purposes of subsection (1) (c), make by-laws that do one or more of the following:

(a) make different provisions for different areas, times, conditions or circumstances as described by by-law;

(b) establish different classes of persons, places, activities, property or things;

(c) make different provisions, including exceptions, for different classes established under paragraph (b).

86 The following section is added:

Relaxation of advertising and sign by-laws

491.1  (1) The Board may, by by-law, provide for the relaxation of a by-law under section 491 (1) (c) in one or more of the following circumstances:

(a) enforcement of the by-law would result in unnecessary hardship;

(b) the advertising or sign is

(i) on heritage property, or

(ii) on property in an area identified as a historic area in an official development plan or a zoning by-law;

(c) the advertising or sign uses technology not contemplated under the by-law;

(d) the advertising or sign is in relation to a special event, as designated by the Board by by-law or resolution.

(2) A by-law under subsection (1) may authorize such relaxations to be made by the Board or the General Manager.

(3) A relaxation under this section, whether made by the Board or the General Manager, may be limited in time and may be made subject to conditions.

(4) A person whose request for a relaxation is dealt with by the General Manager is entitled to have the Board reconsider the matter.

87 Section 565A (e) is amended

(a) by striking out "or" at the end of subparagraph (iii), by adding ", or" at the end of subparagraph (iv) and by adding the following subparagraph:

(v) the proposed development is in relation to a special event, as designated by Council by by-law or resolution. , and

(b) by striking out "the Director of Planning" and substituting "an official of the city".

Part 5 — Environment Amendments

College of Applied Biology Act

88 The College of Applied Biology Act, S.B.C. 2002, c. 68, is amended by adding the following section:

Minister's orders

37.1  (1) In this section, "TILMA" means the Trade, Investment and Labour Mobility Agreement entered into by the governments of British Columbia and Alberta on April 28, 2006, as amended from time to time.

(2) The minister may request that the council repeal or amend a rule or make a new rule if, in the opinion of the minister, this is necessary or advisable to ensure that the rules of the council comply with the TILMA.

(3) If the council does not comply with a request under subsection (2) within 30 days after the date of the request, the minister may, by order, despite anything in this Act, repeal or amend the rule or make a new rule in accordance with that request.

(4) For the purposes of subsection (3), the minister has the same rule-making authority as the council.

(5) A repeal of or an amendment to a rule or a rule made by the minister by order under subsection (3) is conclusively deemed to be a rule of the council for the purposes of this Act and, subject to subsection (6), may be repealed, amended or replaced, as applicable, by the council.

(6) Before the council may repeal, amend or replace a rule that is the subject of an order under subsection (3), the council must obtain the approval of the minister.

Ministry of Environment Act

89 The Ministry of Environment Act, R.S.B.C. 1996, c. 299, is amended by adding the following section:

Disclosure of information

6.1  (1) In this section, "sanction" includes a direction, decision or order.

(2) In accordance with section 33.1 (1) (c) of the Freedom of Information and Protection of Privacy Act, the minister may disclose the following information inside or outside Canada with respect to a person who is convicted of an offence, has paid or is liable to pay an administrative penalty or is subject to another sanction under an Act under the minister's administration:

(a) the name of the person;

(b) the provision of the Act or regulation that the person contravened or under which a sanction has been imposed;

(c) the location at which the contravention occurred or the conduct or circumstances that resulted in the sanction arose;

(d) a description of the contravention or the conduct or circumstances that resulted in the sanction;

(e) the fine, sentence, administrative penalty or other sanction to which the person is subject.

Wildlife Act

90 Section 1 (1) of the Wildlife Act, R.S.B.C. 1996, c. 488, is amended in paragraph (a) of the definition of "wildlife" by striking out "threatened species, endangered species,".

Wildlife Amendment Act, 2004

91 Section 1 (e) of the Wildlife Amendment Act, 2004, S.B.C. 2004, c. 56, is amended by striking out ", as enacted by section 7 (e) of the Environmental (Species and Public Protection) Statutes Amendment Act, 2008,".

Part 6 — Health Services Amendments

Health Professions Act

92 Section 19 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) by repealing subsection (2.1) and substituting the following:

(2.1) A bylaw under subsection (1) (f) or (l.92) may authorize the registrar to establish a form that is required, under that bylaw, to be used by registrants or certified non-registrants, as the case may be.

(2.2) A form established by a registrar under subsection (2.1) is considered to be a bylaw made by the board made under subsection (1) (f) or (l.92), as the case may be. , and

(b) in subsection (3.2) (a) by striking out "(l.4)" and substituting "(l.3)".

93 Section 25.6 (8) (b) is amended by striking out "sections" and substituting "section".

94 Section 25.8 is amended by adding the following definition:

"personal health information" means recorded information about an identifiable individual that is related to the individual's health or the provision of health services to the individual; .

95 Section 25.94 is amended by striking out "patient record information" wherever it appears and substituting "personal health information".

96 Section 39.3 (1) is amended by striking out "the inquiry committee" and substituting "the board, inquiry committee".

97 Section 52.2 (3) is amended by striking out "or any other person" after "the minister".

Medicare Protection Act

98 Section 36 (1) of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended in the definition of "prescribed agency" by striking out "body" and substituting "corporation or other body".

Commencement

99  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: