The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 2nd day of June, 2011
Ian D. Izard, Q.C., Law Clerk
HONOURABLE BARRY PENNER
ATTORNEY GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 — Agriculture Amendments
Milk Industry Act
1 Section 1 of the Milk Industry Act, R.S.B.C. 1996, c. 289, is amended
(a) by repealing the definitions of "cattle" and "raw milk",
(b) by adding the following definitions:
"bulk tank milk grader" means a person who holds a bulk tank milk grader licence issued under section 12;
"dairy animal" means
(a) a cow,
(b) a goat,
(c) a sheep,
(d) a water buffalo, or
(e) any prescribed animal; ,
(c) in the definition of "dairy farm" by striking out "cattle" and substituting "dairy animals",
(d) by repealing the definition of "milk" and substituting the following:
"milk" means a normal lacteal secretion obtained from the mammary gland of a dairy animal; ,
(e) in the definition of "producer vendor" by striking out "his or her own cattle" and substituting "the person's own dairy animals", and
(f) in paragraph (a) of the definition of "qualifying milk" by striking out "or an approved raw milk dairy farm".
2 Section 3 is amended
(a) in subsection (1) (a) by striking out "cattle" and substituting "dairy animals" and by striking out "pure water" and substituting "potable water", and
(b) in subsection (2) by striking out "cattle" and substituting "dairy animal".
3 Section 7 is amended
(a) by repealing subsections (1) and (2), and
(b) in subsection (3) by striking out "other persons as inspectors" and substituting "any person as an inspector".
4 Section 11 (1) is amended by striking out "cattle" and substituting "dairy animals".
5 Section 12 is amended
(a) in subsection (1) 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:
(c) licences to bulk tank milk graders entitling them to be classed as such. , and
(b) in subsection (2) by adding "in accordance with the regulations, if any" after "under subsection (1)".
6 Section 25 is amended
(a) in subsection (1) by striking out "section 18, 22 (2) or 24 (3)" and substituting "section 18, 22 or 24",
(b) in subsection (2) by striking out "sections 18, 22 (2) and 24 (3)" and substituting "sections 18, 22 and 24", and
(c) in subsection (3) by striking out "sections 18, 22 (2), 24 (3)" and substituting "sections 18, 22, 24".
7 Section 40 (2) is amended
(a) by adding "or bulk tank milk graders" after "dairy plant personnel" wherever it appears,
(b) in paragraph (l) by striking out "cattle" wherever it appears and substituting "dairy animals",
(c) in paragraph (m) by striking out "cattle" wherever it appears and substituting "dairy animal",
(d) in paragraph (t) by adding "on dairy farms or" after "preventing contamination", and
(e) by adding the following paragraph:
(x) prescribing an animal for the purposes of the definition of "dairy animal".
8 Section 40 (3) is amended
(a) by repealing paragraph (m) and substituting the following:
(m) prescribing requirements for the labeling of packages, including the form, content and manner of placements for labels; ,
(b) by repealing paragraph (q), and
(c) by adding the following paragraph:
(r) defining a word or expression used but not defined in this Act.
9 Section 40 is amended by adding the following subsection:
(4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different regulations for different dairy animal species or different classes of dairy animals.
Part 2 – Attorney General Amendments
Law and Equity Act
10 Section 45 (1) of the Law and Equity Act, R.S.B.C. 1996, c. 253, is repealed and the following substituted:
(1) A rule of law that a lease, grant, demise or agreement is void because its term is uncertain does not apply, and is deemed never to have applied,
(a) to a mining, petroleum or natural gas lease or, without limiting the generality of the foregoing, to a lease, grant, demise or agreement leasing a Crown granted mineral claim or other mining or mineral property, or granting the right to use and occupy that property, and on, in or from it to prospect for, explore, mine, win, work, mill, make merchantable, carry away or dispose of metals, ores, minerals, petroleum or natural gas or to use the property for any purpose connected with those purposes, or
(b) to a lease of the whole or any part of land or a building if that land, building or part is, or forms or becomes part of, the common property of a strata corporation or, without limiting the generality of the foregoing, to a lease, grant, demise or agreement granting or assigning rights in relation to some or all of that land, building or part.
11 The corrections made by B.C. Reg. 357/2010, Statutes Correction Regulation, 2010, as published in Part 2 of the British Columbia Gazette, of errors in the statutes are confirmed.
Part 3 — Children and Family Development Amendments
Child, Family and Community Service Act
12 Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended
(a) in the definition of "supervision order" by striking out "46 (3) or 49 (8) requiring" and substituting "4 6 (3), 49 (8) or 54.01 (10) requiring", and
(b) in the definition of "temporary custody order" by striking out "42.2 (4) (b) or (c) or 49 (7) (b) placing" and substituting "42.2 (4) (b) or (c), 49 (7) (b) or (c) or 54.01 (9) (b) or (c) placing".
13 Section 39 (3) (a) is amended by striking out "49, 55," and substituting "49, 54.01, 55,".
14 Section 42 (1) is amended by striking out "46 (3) or 49 (8) or an interim" and substituting "46 (3), 49 (8) or 54.01 (10) or an interim".
15 Section 42.2 (1) is amended
(a) by adding the following paragraph:
(c.1) if the supervision order was made under section 54.01 (10), the persons who under section 54.01 (4) are entitled to notice; , and
(b) in paragraph (d) by striking out "paragraph (b) or (c)," and substituting "paragraph (b), (c) or (c.1),".
16 The following section is added:
44.1 (1) A director may, before a temporary custody order expires, apply to the court for an extension of the temporary custody order if
(a) the child is in the custody of a person other than the child's parent under the temporary custody order,
(b) the director's plan of care is to apply under section 54.01 (1) to transfer custody of the child to the person other than the parent after the residency requirement referred to in section 54.01 (5) (c) has been met, and
(c) the purpose of the extension is to meet the residency requirement referred to in section 54.01 (5) (c).
(2) At least 10 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on
(a) the child, if 12 years of age or over,
(b) the persons who under section 39 are entitled to notice,
(c) the person who has custody of the child under the temporary custody order, and
(d) the Public Guardian and Trustee, if appointed guardian of the child's estate under section 58.
(3) The court may, in the child's best interests, extend the temporary custody order for a period of time that, at a minimum, meets the residency requirement referred to in section 54.01 (5) (c), but that is not beyond the period permitted under section 45.
17 Section 45 (1) is amended by striking out "returned to the parent or a continuing custody" and substituting "returned to the parent, an order transferring custody of the child under section 54.01 (5) is made or a continuing custody".
18 Section 49 is amended
(a) in subsection (2) (d.2) by striking out "41 (1) (b) or 42.2 (4) (c);" and substituting "41 (1) (b), 42.2 (4) (c), 54.01 (9) (b) or subsection (7) (b) of this section;",
(b) by repealing subsection (7) (b) and substituting the following:
(b) that the child remain in the temporary custody of a person other than the parent for a specified period of up to 6 months;
(c) that the child remain or be placed in the temporary custody of the director for a specified period of up to 6 months. , and
(c) in subsection (9) by striking out "subsection (7) (b) expires," and substituting "subsection (7) (b) or (c) expires,".
19 Part 3 is amended by adding the following heading after section 54:
Division 5.1 – Permanent Transfers of Custody .
20 The following section is added to Division 5.1 of Part 3:
54.01 (1) If a child is in the care or custody of a person other than the child's parent under
(a) an agreement made under section 8, or
(b) a temporary custody order made under section 41 (1) (b), 42.2 (4) (c), 49 (7) (b) or subsection (9) (b) of this section,
a director may, before the agreement or order expires, apply to the court to permanently transfer custody of the child to that person.
(2) At least 30 days before the date set for hearing the application, notice of the hearing must be served on each person who has access to the child under an order made under section 55 (4) or (5).
(3) At least 10 days before the date set for hearing the application, notice of the time, date and place of the hearing must be served on the following:
(a) the child, if 12 years of age or over;
(b) each parent;
(c) if the child is registered or entitled to be registered as a member of an Indian band, a designated representative of the band;
(d) if the child is a Nis×a'a child, a designated representative of the Nis×a'a Lisims Government;
(e) if the child is a treaty first nation child, a designated representative of the treaty first nation;
(f) if the child is neither a Nis×a'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band but is an aboriginal child, a designated representative of an aboriginal community that has been identified by
(i) the child, if 12 years of age or over, or
(ii) the parent, if the child is under 12 years of age;
(g) any person who has been made a party under section 39 (4);
(h) the person to whom the court has been requested under subsection (1) of this section to transfer custody;
(i) the Public Guardian and Trustee, if appointed guardian of the child's estate under section 58.
(4) If the persons referred to in subsection (3) (b) to (h) appear at the hearing, they are entitled
(a) to be parties at the hearing, and
(b) to notice of a hearing under section 42.2 or 57 and, if they appear at the hearing, to be a party at that hearing.
(5) A court may make an order permanently transferring custody of a child to the person other than the child's parent referred to in subsection (1) if
(a) there is no significant likelihood that
(i) the circumstances that led to the making of the agreement under section 8 or to the child's removal, as applicable, will improve within a reasonable time, or
(ii) the parent will be able to meet the child's needs,
(b) in respect of a child in the care or custody of a person other than the child's parent under
(i) an agreement made under section 8, the persons referred to in subsection (3) (a), (b) and (h) of this section have consented to the transfer of custody, or
(ii) a temporary custody order referred to in subsection (1) (b), the persons referred to in subsection (3) (a), (h) and (i) have consented to the transfer of custody, and
(c) the child has been residing with the person referred to in subsection (3) (h) under the agreement referred to in subsection (1) (a) or the temporary custody order referred to in subsection (1) (b) for at least 6 consecutive months immediately before the application under subsection (1).
(6) Before making an order transferring custody under subsection (5), the court must consider
(a) the past conduct of the parent towards any child who is or was in the parent's care,
(b) the plan of care, and
(c) the child's best interests.
(7) A court may rely on the consent given under subsection (5) (b) (i) or (ii) by persons referred to in subsection (3) (a) and (h) if the court is satisfied that each person
(a) has been advised to consult with independent legal counsel before signing the consent,
(b) understands the nature and consequences of the consent, and
(c) has given voluntary consent to the order transferring custody under this section.
(8) The court may dispense with the residency requirement set out in subsection (5) (c) if the court determines it is in the child's best interests to do so.
(9) If, with respect to a child who is the subject of a temporary custody order referred to in subsection (1) (b), the court does not make an order under subsection (5), the court must make one of the following orders:
(a) that the child be returned to the custody of the parent apparently entitled to custody;
(b) that the child remain in the temporary custody of the person other than the parent for a specified period of up to 6 months, but not beyond the period permitted under section 45;
(c) that the child be placed in the custody of the director for a specified period of up to 6 months, but not beyond the period permitted under section 45.
(10) If the court makes an order under subsection (9) (a) or (b), it may order that the director supervise the child's care for a specified period of up to 6 months.
21 Section 54.2 is amended
(a) in subsections (1) and (2) by striking out "under section 54.1" and substituting "under section 54.01 (5) or 54.1",
(b) by adding the following subsection:
(2.1) On custody of a child being transferred under section 54.01 (5), an order under section 57.01 permitting access to the child automatically
(a) becomes an access order that is solely between the person who is granted custody and the person who is granted access under that order, and
(b) ceases to be an access order that is capable of being confirmed, modified or cancelled under this Act. , and
(c) by repealing subsection (4) and substituting the following:
(4) The director must send to the Public Guardian and Trustee a copy of an order transferring custody of a child to a person other than a parent if
(a) the order is made under section 54.01 (5) and the Public Guardian and Trustee is the guardian of the child's estate under section 58 at the time the order is made, or
(b) the order is made under section 54.1.
22 Section 55 (1) and (2) is amended by striking out "section 54.1," and substituting "section 54.01 (5) or 54.1,".
23 Section 57 is amended
(a) in subsection (1) (c) by striking out "order." and substituting "order, except an access order respecting which an order was made under section 57.01 (3).",
(b) in subsection (2) (d) (ii) by striking out "section 39 or 49 (3)" and substituting "section 39, 49 (3) or 54.01 (4)",
(c) in subsection (3) (a) by striking out "section 42.2, 44 or 46," and substituting "section 42.2, 44, 46 or 54.01 (9) (b) or (c) or (10),", and
(d) in subsection (5) by striking out "section 54.1," and substituting "section 54.01 (1) or 54.1," and by striking out "that section." and substituting "section 54.01 (5) or 54.1, as applicable."
24 The following section is added:
57.01 (1) If an application is made to transfer custody of a child under section 54.01 (1),
(a) a person may apply to the court for access to the child, or
(b) a party to an order for access to the child under section 55 may apply to the court to confirm or change the access order.
(2) At least 10 days before the date set for hearing the application referred to in subsection (1) (a) or (b), notice of the hearing must be served on
(a) the child, if 12 years of age or over,
(b) the director,
(c) each person to whom the court has been requested to transfer custody under section 54.01 (1), and
(d) the parties to the proceeding in which an access order was made under section 55, if applicable.
(3) On an application under this section, the court may make an order
(a) with respect to an application under subsection (1) (a), that the person be given access to the child, or
(b) with respect to an application under subsection (1) (b),
(i) confirming the terms of the existing access order,
(ii) changing the terms of the existing access order, or
(iii) cancelling the access order and making no other order,
if the court determines that the order
(c) is in the child's best interests,
(d) is consistent with the plan of care, and
(e) is consistent with the wishes of the child, if 12 years of age or over.
(4) The court may attach to an access order under this section any reasonable terms or conditions.
(5) An order made under subsection (3) (a) or (b) (i) or (ii) takes effect, in accordance with section 54.2 (2.1), on custody of the child being transferred under section 54.01 (5).
25 Section 60 is amended
(a) in subsection (1) by striking out "including a continuing custody order:" and substituting "including an order transferring custody of a child under section 54.01 (5) and a continuing custody order:", and
(b) by adding the following subsection:
(1.1) Despite subsection (1), if a child is in the care of a person other than the child's parent under an agreement made under section 8, the court may, with the written consent of the persons referred to in subsection (1) of this section, make an order under section 54.01 (5) transferring custody of the child to the person other than the child's parent.
26 Section 61 (1) is amended by striking out "extension of that order, for a continuing custody" and substituting "extension of that order, for an order to transfer custody under section 54.01 (5), for a continuing custody".
27 Section 93 (1) (g) (ii) is amended by striking out "section 54.1," and substituting "section 54.01 (5) or 54.1,".
Family Relations Act
28 Section 22 (3) of the Family Relations Act, R.S.B.C. 1996, c. 128, is repealed and the following substituted:
(3) Subsection (1) does not apply to a parent of a child affected by an application
(a) if custody of the child was transferred to a person other than the child's parent under section 54.01 (5) of the Child, Family and Community Service Act, or
(b) if
(i) the parent's guardianship powers, rights and duties with respect to the child were terminated by a continuing custody order under the Child, Family and Community Service Act, and
(ii) another person has custody of the child under section 54.1 of the Child, Family and Community Service Act.
29 Section 30.1 is amended
(a) in subsection (1) by striking out "section 54.1" and substituting "section 54.01 (5) or 54.1", and
(b) by repealing subsection (2) and substituting the following:
(2) Despite section 30 (3), the consent of a parent of a child is not necessary under that section
(a) if custody of the child was transferred to a person other than a parent of the child under section 54.01 (5) of the Child, Family and Community Service Act, or
(b) if
(i) the parent's guardianship powers, rights and duties with respect to the child were terminated by a continuing custody order under the Child, Family and Community Service Act, and
(ii) another person has custody of the child under section 54.1 of the Child, Family and Community Service Act.
30 Section 35 (5) is amended by striking out "section 54.2 (3)" and substituting "section 54.2 (2.1) or (3)".
Part 4 – Energy and Mines Amendments
Clean Energy Act
31 Section 3 (6) (a) of the Clean Energy Act, S.B.C. 2010, c. 22, is amended by striking out "18 months" and substituting "30 months".
Special Accounts Appropriation and Control Act
32 Section 9.3 (3) of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended
(a) by striking out "for purposes related to" and substituting "for purposes related to any of the following:", and
(b) by repealing paragraphs (a) and (b) and substituting the following:
(a) innovation in the provision of affordable, social or supportive housing;
(b) innovation in housing development or management;
(c) acquisition, development or operation of affordable, social or supportive housing.
Part 5 — Environment Amendments
Protected Areas of British Columbia Act
33 Schedule D of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended in the description of Anhluut'ukwsim Laxmihl Angwinga'asanskwhl Nisga'a [a.k.a. Nisga'a Memorial Lava Bed Park]
(a) by striking out "and (6) the New Aiyansh Village proposed south access road shown in Figure 4.1 of the October 2006 report titled "New Aiyansh Village Government, Proposed South Access Road, Nisga'a Memorial Lava Bed Park — Boundary Adjustment Request", on file 84220-25-0386 in BC Parks and Protected Areas Program office in Victoria." and substituting "(6) the New Aiyansh Village proposed south access road shown in Figure 4.1 of the October 2006 report titled "New Aiyansh Village Government, Proposed South Access Road, Nis×a'a Memorial Lava Bed Park — Boundary Adjustment Request", on file 84220-25-0386 in BC Parks office in Victoria; and (7) all those parcels or tracts of Crown land, together with all that foreshore or land covered by water, contained within the following described boundaries and containing 10.5 hectares more or less:
commencing at the intersection of the northerly boundary of the park described in Appendix G-1 of the Nis×a'a Final Agreement as having a grid bearing of 63° 00' 00" and a length of 2.175 kilometres, and a line having a grid bearing of 159° 46' 28" through Zone 9 NAD 83 UTM coordinate N6106080.8m and E 503099.3m;
thence northeasterly along the said northerly boundary of the park 40.28 metres;
thence on a grid bearing of 159° 46' 28" a distance of 169.1 metres;
thence on a grid bearing of 69° 46' 28" a distance of 12.0 metres;
thence on a grid bearing of 159° 46' 28" a distance of 897 metres more or less to the intersection with a portion of the southerly boundary of the park;
thence southwesterly along the portion of the southerly boundary to a line drawn parallel to and perpendicularly distant 104 metres from the last described line bearing 159° 46' 28";
thence on a grid bearing of 339° 46' 28" a distance of 889 metres more or less to a point lying on a grid bearing of 249° 46' 28" from the southerly limit of the 169.1 metre boundary described above;
thence on a grid bearing of 69° 46' 28" a distance of 22.0 metres;
thence on a grid bearing of 339° 46' 28" a distance of 161 metres more or less to the northerly boundary of the park;
thence on a grid bearing 63° 00' 00" and along the northerly boundary of the park a distance of 30.2 metres more or less to the point of commencement.", and
(b) by striking out "17 792 hectares." and substituting "17 781 hectares."
Part 6 — Forests, Lands and Natural Resource
Operations Amendments
Environment and Land Use Act
34 Section 2 (1) of the Environment and Land Use Act, R.S.B.C. 1996, c. 117, is repealed and the following substituted:
(1) The Environment and Land Use Committee is continued and consists of the following:
(a) a member of the Executive Council appointed by the Lieutenant Governor in Council and designated in the appointment as chair;
(b) subject to subsection (1.1), other members of the Legislative Assembly appointed by the Lieutenant Governor in Council.
(1.1) The majority of members of the Environment and Land Use Committee must be members of the Executive Council.
Forest Act
35 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended
(a) in the definition of "forest officer" by striking out ", the chief forester, a regional manager or a timber sales manager", and
(b) by repealing the definition of "merchantable timber" and substituting the following:
"merchantable timber", for the purposes of sections 28, 30 (c) and 74, means timber that
(a) on January 1, 1975 were older than 75 years, and
(b) are on an area of Crown land in quantities determined by the minister to be sufficient to be commercially valuable at the time when a timber cruise submitted under section 74 is made; .
36 Sections 8 (6), 24.5 (1), 43.2 (7) and (8), 47.4 (2), 75.01 (2) (c), 75.1 (2) (d) and (3) (b) and (c), 75.11 (2) (a) and (b), and 112 (2) and (3) are amended by striking out "regional manager or district manager" wherever it appears and substituting "minister".
37 Section 12 (1) is amended by striking out "A district manager, regional manager or the minister" and substituting "The minister".
38 Sections 13 (6), 13.1 (5), 14 (h), 16 (2), 24.4 (2) and (3), 24.6 (2) and (3), 26 (3) and (5), 29, 29.1 (1), 30 (g), 58 (1), 70 (4) and (5), 74 (1) and (2) (b) (i) and (ii), 75, 75.02 (6), 107, 124 (2), (3) and (4) (a), 126 (1) and 130 (1) (b) (i) are amended by striking out "regional manager" wherever it appears and substituting "minister".
39 Section 15 is amended
(a) in subsection (5) (b) by striking out "the regional manager" and substituting "a person designated by the minister", and
(b) in subsection (6) (a) by striking out "regional manager" and substituting "minister".
40 Section 24.7 is amended
(a) in subsection (2) by striking out ", the regional manager or district manager must enter into a woodlot licence" and substituting ", the minister must enter into a woodlot licence",
(b) in subsections (2) (b) and (f) and (3) (b) by striking out "regional manager or district manager" and substituting "minister",
(c) in subsection (3) by striking out "The regional manager or district manager" and substituting "The minister", and
(d) in subsection (3) (c) by striking out "regional manager or district manager or the designate of the regional manager or district manager," and substituting "minister,".
41 Section 24.7 (3) (a) is amended by striking out "section 44 (4) and (5), as applicable," and substituting "section 44 (4), (5) and (5.1), as applicable,".
42 Section 24.8 is amended
(a) in subsection (2) by striking out "the regional manager must enter into a forestry licence" and substituting "the minister must enter into a forestry licence", and
(b) in subsection (3) by striking out "regional manager" and substituting "minister".
43 Section 28 is amended
(a) in subsections (1) and (3) by striking out "the regional manager" and substituting "a person designated by the minister", and
(b) in subsections (2) and (4) by striking out "regional manager" wherever it appears and substituting "minister".
44 Section 31 is amended
(a) by striking out "regional manager" and substituting "minister",
(b) by striking out "in effect on the date on which the Forests Statutes Amendment Act, 2004 receives first reading" and substituting "in effect on April 26, 2004", and
(c) in paragraph (b) by striking out "on or after the date on which the Forests Statutes Amendment Act, 2004 receives first reading" and substituting "on April 26, 2004" and by striking out "the coming into force of this section." and substituting "May 13, 2004."
45 Section 43.3 is amended
(a) in paragraph (f) (i) and (ii) by striking out "regional manager or the regional manager's designate," and substituting "minister,", and
(b) in paragraph (h) by striking out "regional manager or regional manager's designate" and substituting "minister".
46 Section 43.4 (9) (a) is amended by striking out "regional manager or the regional manager's designate" and substituting "minister".
47 Section 43.41 (1) is amended
(a) in paragraph (b) by striking out "this section came into force," and substituting "March 31, 2009,", and
(b) by striking out "regional manager or the regional manager's designate," and substituting "minister,".
48 Section 43.54 (4) (a), as enacted by section 13 of the Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010, S.B.C. 2010, c. 12, is amended by striking out "regional manager or the regional manager's designate" and substituting "minister".
49 Section 43.55 (f) (i) and (ii), as enacted by section 13 of the Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010, S.B.C. 2010, c. 12, is amended by striking out "regional manager or the regional manager's designate" and substituting "minister".
50 Section 43.7 (6) is amended by striking out "the minister or a person authorized by the minister must direct the regional manager or district manager, to" and substituting "the minister must".
51 Section 43.8 is amended
(a) in paragraph (d) by striking out "regional manager or", and
(b) in paragraph (h) by striking out "regional manager or district manager" and substituting "minister".
52 Section 44 is amended
(a) by repealing subsection (1) and substituting the following:
(1) In this section:
"affiliate" has the same meaning as in section 53;
"control", in relation to a corporation, has the same meaning as "control of a corporation" in section 53;
"ineligible licence" means a licence that
(a) is one of the following:
(i) a timber sale licence, if the timber sale licence is also a major licence;
(ii) a forest licence, other than a forest licence entered into under section 47.3 (1);
(iii) a tree farm licence;
(iv) a forestry licence to cut, other than a forestry licence to cut entered into under section 47.3 (1), and
(b) is either
(i) replaceable, or
(ii) non-replaceable, with an original term greater than 5 years. ,
(b) in subsection (4) by striking out "A woodlot licence" and substituting "Subject to subsections (5) and (5.1), a woodlot licence", and
(c) by repealing subsection (5) and substituting the following:
(5) A woodlot licence may not be entered into with an applicant that is not a corporation if any of the following apply:
(a) the applicant holds 2 or more woodlot licences;
(b) the applicant controls a corporation that holds 2 or more woodlot licences;
(c) the applicant holds a woodlot licence and controls a corporation that holds a woodlot licence;
(d) the applicant controls a corporation that holds a woodlot licence and the corporation is affiliated with another corporation that holds a woodlot licence;
(e) the applicant holds
(i) an ineligible licence that has an allowable annual cut that is greater than 10 000 m3, or
(ii) 2 or more ineligible licences that together have an aggregate allowable annual cut that is greater than 10 000 m3;
(f) the applicant controls a corporation that holds
(i) an ineligible licence described in paragraph (e) (i), or
(ii) 2 or more ineligible licences described in paragraph (e) (ii);
(g) the applicant holds an ineligible licence and controls a corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m3;
(h) the applicant controls a corporation that holds an ineligible licence and the corporation is affiliated with another corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m3.
(5.1) A woodlot licence may not be entered into with an applicant that is a corporation if any of the following apply:
(a) the applicant holds 2 or more woodlot licences;
(b) the applicant is affiliated with another corporation that holds 2 or more woodlot licences;
(c) the applicant holds a woodlot licence and is affiliated with another corporation that holds a woodlot licence;
(d) the applicant holds
(i) an ineligible licence that has an allowable annual cut that is greater than 10 000 m3, or
(ii) 2 or more ineligible licences that together have an aggregate allowable annual cut that is greater than 10 000 m3;
(e) the applicant is affiliated with another corporation that holds
(i) an ineligible licence described in paragraph (d) (i), or
(ii) 2 or more ineligible licences described in paragraph (d) (ii);
(f) the applicant holds an ineligible licence and is affiliated with another corporation that holds an ineligible licence and those ineligible licences together have an aggregate allowable annual cut that is greater than 10 000 m3.
53 Section 44 is amended
(a) in subsections (2), (6), (8), (9), (10) and (11) by striking out "regional manager or district manager" and substituting "minister",
(b) in subsection (3) (a) by striking out "the district manager or regional manager" and substituting "a person designated by the minister", and
(c) in subsection (8) (b) by striking out "at the direction of the minister, may".
54 Section 45 (1) is amended
(a) in paragraphs (b) and (g) by striking out "regional manager or district manager" and substituting "minister", and
(b) in paragraph (f) by striking out "district manager" wherever it appears and substituting "minister".
55 Section 46 is amended
(a) in subsections (1), (2), (3) (a) (ii) and (b) (ii) and (7) (a) by striking out "regional manager or district manager" and substituting "minister",
(b) in subsection (3) (a) (ii) and (b) (ii) by striking out "district manager," and substituting "minister,", and
(c) in subsection (6) (b) by striking out "the regional manager or district manager" and substituting "a person designated by the minister".
56 Section 47.1 is amended by striking out "district manager or regional manager," and substituting "minister,".
57 Section 47.6 is amended
(a) in subsection (1) by striking out "(2.1), (2.2), (3), (4) or (5)." and substituting "(3) or (4).",
(b) in subsections (2) and (4) by striking out "The regional manager or district manager" and substituting "The minister",
(c) in subsection (2) by adding the following paragraphs:
(b.1) specifying a volume of timber that does not exceed 50 m3,
(b.2) to authorize only the removal of Crown timber from Crown land or private land, , and
(d) by repealing subsections (2.1), (2.2) and (5).
58 Section 47.7 is amended
(a) in paragraph (e) by striking out "regional manager or district manager" and substituting "district manager, or a forest officer authorized by the district manager,", and
(b) in paragraph (h) by striking out "regional manager, district manager" and substituting "minister".
59 Section 48 (3) is amended
(a) in paragraph (a) by striking out "the district manager," and substituting "a person designated by the minister,", and
(b) in paragraph (b) by striking out "district manager." and substituting "minister."
60 Section 49 is amended
(a) in subsection (1) by striking out "district manager or a forest officer authorized by him or her" and substituting "minister",
(b) in subsection (2) (f) by striking out "district manager or forest officer." and substituting "minister.",
(c) in subsection (2.1) by striking out "district manager or a forest officer authorized by the district manager," and substituting "minister,",
(d) in subsection (2.2) by striking out "district manager or forest officer," and substituting "minister,", and
(e) in subsection (3) by striking out "decision by the regional manager and the decision of the regional manager" and substituting "decision by a person authorized by the minister and the decision of the authorized person".
61 Section 50 (1) is amended
(a) by striking out "A regional manager, district manager or forest officer authorized by either of them" and substituting "The minister", and
(b) in paragraph (c) by striking out "regional manager, district manager or forest officer authorized by either of them." and substituting "minister."
62 Sections 52 (1), (2) (b) and (3) and 113 (1) are amended by striking out "regional manager, timber sales manager or district manager" wherever it appears and substituting "minister or timber sales manager".
63 Section 54.4 is amended
(a) by adding the following subsections:
(0.1) In this section, "restricted forest licence" means a non-replaceable forest licence entered into under section 13 (6) for which applications are invited on or after July 1, 2011 from one or more categories of applicants as established under section 13 (2.1).
(1.01) The holder of an agreement that is a restricted forest licence may not dispose of the agreement to another person if the holder, at the time the agreement was entered into,
(a) owned or leased a prescribed type of processing facility, or
(b) intended to own or lease a prescribed type of processing facility,
unless the disposition is made with the approval of the Lieutenant Governor in Council or as permitted by the regulations. ,
(b) in subsection (1) (b), as enacted by section 17 (a) of the Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010, S.B.C. 2010, c. 12, by striking out "in prescribed circumstances to a person who meets prescribed criteria:" and substituting "as permitted by the regulations:", and
(c) in subsection (1.1), as enacted by section 17 (b) of the Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010, S.B.C. 2010, c. 12, by striking out "subsection (1) (b)." and substituting "subsection (1) (b) or (1.01)."
64 Section 59 is amended by striking out "regional manager" in both places and substituting "minister" and by striking out ", or a person authorized by the regional manager,".
65 Section 59.1 is amended
(a) in subsection (5) (a) by striking out "regional manager's" and substituting "minister's", and
(b) in subsections (6) (g) (i), (7), (8), (9) and (10) by striking out "regional manager" wherever it appears and substituting "minister".
66 Section 63.2 (2) is amended by striking out ", regional manager" wherever it appears.
67 Section 72 is amended
(a) in subsection (2) by striking out "A district manager" and substituting "The minister",
(b) in subsections (4) to (9) by striking out "district manager" wherever it appears and substituting "minister", and
(c) in subsection (8) by striking out "district manager's" and substituting "minister's".
68 Section 73 is amended
(a) in subsections (3) to (8) by striking out "district manager" wherever it appears and substituting "minister", and
(b) in subsection (7) by striking out "district manager's" and substituting "minister's".
69 Section 75.4 is amended
(a) in subsection (2.1) (a) and (b) by striking out "district manager" wherever it appears and substituting "minister",
(b) in subsection (4) by striking out "the regional manager or another person authorized by the regional manager." and substituting "a person designated by the minister.", and
(c) in subsection (4.1) by striking out "the district manager or another person authorized by the district manager," and substituting "a person designated by the minister,".
70 Section 75.9 (1) is amended by striking out "regional manager or a person authorized by the regional manager" and substituting "minister".
71 Section 76 is amended
(a) in subsections (1) to (6) by striking out "regional manager or district manager" and substituting "minister", and
(b) in subsection (1.1) by striking out "or a person authorized by the minister".
72 Section 77 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If rights under an agreement are under suspension under section 76 (1) or (2), the minister may cancel the agreement. , and
(b) in subsections (2) and (3) by striking out ", person authorized by the minister, chief forester, regional manager or district manager, as the case may be,".
73 Section 78.1 (1), (2) and (3) is amended by striking out "district manager" and substituting "minister".
74 Section 79 (1.2) and (1.4) is amended by striking out "district manager" and substituting "minister".
75 Section 81 (3) is amended by striking out "regional manager,".
76 Sections 84 (5) and 86 (3) are amended by striking out "regional manager, district manager or a forest officer authorized by either of them" and substituting "minister".
77 Section 86 (2) is amended by striking out "district manager." and substituting "minister."
78 Section 87 is amended
(a) in subsection (1) by striking out "regional manager, district manager or a forest officer authorized by either of them" and substituting "minister",
(b) in subsection (2) by striking out "regional manager or district manager" and substituting "minister",
(c) in subsection (3) by striking out "the person who suspended the certificate and the scaled timber brand described in it" and substituting "the minister", and
(d) in subsection (4) by striking out "the person who suspended them" and substituting "the minister".
79 Section 90 (2) is amended by striking out "the regional manager or the district manager" and substituting "the minister".
80 Section 97 is amended
(a) in subsection (1) (f) by striking out "the regional or district manager or to a person specified by either of them." and substituting "a person designated by the minister.", and
(b) in subsection (2) by striking out "the regional or district manager, or a person specified by the regional or district manager," and substituting "a person designated under subsection (1),".
81 Section 99 is amended
(a) in subsection (1) (b) by striking out "regional or district manager" and substituting "minister", and
(b) in subsection (3) by striking out "the regional manager, district manager or forest officer." and substituting "a person designated by the minister."
82 Section 108 is amended
(a) by striking out "regional manager's" and substituting "minister's", and
(b) by striking out "regional manager" and substituting "minister".
83 Section 114 is amended by repealing the definition of "district manager".
84 Section 115 is amended
(a) in subsection (1) (a) and (b) by striking out "the district manager" and substituting "a person designated by the minister", and
(b) in subsections (2) to (4) and (6) by striking out "district manager" wherever it appears and substituting "minister".
85 Section 116 is amended by striking out "district manager" in both places and substituting "minister".
86 Section 117 is amended
(a) in subsection (1) by striking out "the district manager" and substituting "a person designated by the minister", and
(b) in subsection (2) by striking out "district manager" in both places and substituting "minister".
87 Sections 118 (d) and 119 (b) are amended by striking out "district manager" and substituting "minister".
88 Section 121.1 is repealed.
89 Section 131 (a) is amended by striking out "the regional manager, timber sales manager or district manager," and substituting "a person designated by the minister,".
90 Section 132 is amended
(a) in subsection (1) by striking out "regional manager, timber sales manager or district manager" in both places and substituting "minister", and
(b) in subsections (2) (c) and (3) by striking out "regional manager or timber sales manager" and substituting "minister".
91 Section 137 is amended
(a) in subsection (1) by striking out "a regional manager,", and
(b) in subsection (2) by striking out "a regional manager" and substituting "the minister".
92 Section 143 is repealed and the following substituted:
143 (1) A review of the following may be required under this Division:
(a) a determination, an order or a decision of a timber sales manager under section 78;
(b) a determination, an order or a decision of the minister under section 59, 59.1 (9) or (10), 70 (4), 75, 76 (1), (2) or (6), 77 (1), 78.1 or 112 (2) or (3).
(2) A review of the determinations, orders and decisions referred to in subsection (1) is to be conducted by a person authorized by the minister.
93 Section 146 (2) (a) is amended by striking out "70 (2), 77 (1) (b)" and substituting "70 (2)".
94 Section 151 (2) is amended
(a) in paragraph (i) by striking out "a regional manager" and substituting "the minister", and
(b) by adding the following paragraph:
(k.11) for the purposes of permitting the disposition of an agreement referred to in section 54.4 (1) (b) or (1.01),
(i) the circumstances in which a disposition may be made,
(ii) the criteria that must be met by the person disposing of the agreement, including, for the purposes of section 54.4 (1.01), the type of processing facility that must be owned or leased by that person,
(iii) the criteria that must be met by the person to whom the agreement is being disposed of, including, for the purposes of section 54.4 (1.01), the type of processing facility that must be owned or leased by that person, and
(iv) the provisions that must be included in the agreement being disposed of; .
95 Section 152 is amended in the definition of "replaceable forest licence" by striking out "regional manager" and substituting "minister".
Forests and Range (First Nations Woodland Licence)
Statutes Amendment Act, 2010
96 Section 1 (c) of the Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010, S.B.C. 2010, c. 12, is repealed.
97 Section 32 (d), (e) and (f), as it amends section 76 of the Forest Act, R.S.B.C. 1996, c. 157, is repealed.
98 Section 33 (c), as it amends section 77 of the Forest Act, R.S.B.C. 1996, c. 157, is repealed.
99 Section 50, as it amends section 150 of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is repealed.
Forest and Range Practices Act
100 Section 67 (6) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by striking out "the regional manager," and substituting "a person designated by the minister,".
Greenhouse Gas Reduction (Emissions Standards)
Statutes Amendment Act, 2008
101 Section 16 of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, S.B.C. 2008, c. 20, as it amends section 47.3 of the Forest Act, R.S.B.C. 1996, c. 157, is repealed.
102 Section 18 (c), as it amends section 47.6 of the Forest Act, R.S.B.C. 1996, c. 157, is amended
(a) in subsection (2.11) by striking out "district manager" in both places and substituting "minister", and
(b) in subsection (4.1) by striking out "regional manager or district manager" in both places and substituting "minister".
103 Section 20, as it enacts section 47.71 of the Forest Act, R.S.B.C. 1996, c. 157, is amended
(a) in subsections (1), (3), (5) and (6) by striking out "regional manager or district manager" and substituting "minister",
(b) in subsection (2) (a) by striking out "the district manager or regional manager," and substituting "a person designated by the minister,",
(c) in subsection (4) by striking out "person who evaluated the applications" and substituting "minister", and
(d) in subsection (5) (b) by striking out "at the discretion of the minister,".
104 Section 20, as it enacts section 47.72 (1) (e) and (f) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by striking out "regional manager or district manager" and substituting "minister".
105 Sections 29 and 30, as they amend sections 94 and 96 of the Forest Act, R.S.B.C. 1996, c. 157, are repealed.
Ministry of Forests and Range Act
106 Section 2 of the Ministry of Forests and Range Act, R.S.B.C. 1996, c. 300, is amended
(a) in subsection (4) by striking out "a timber sales manager or a regional manager" and substituting "a timber sales manager, a regional manager or a district manager", and
(b) by repealing subsection (5).
107 (1) In this section, "effective date" means the date on which this section receives First Reading in the Legislative Assembly.
(2) Appointments made to the Environment and Land Use Committee on or before the effective date are conclusively deemed to have been validly made.
(3) All things done by the Environment and Land Use Committee on or before the effective date that would have been validly done had appointments to the committee been validly made are conclusively deemed to have been validly done.
Part 7 — Health Amendments
Medicare Protection Act
108 Section 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended
(a) by adding the following definition:
"adult" means a person 19 years of age or older; ,
(b) by repealing the definition of "beneficiary" and substituting the following:
"beneficiary" means a resident who is enrolled in accordance with section 7.2, and includes the resident's child if the child is enrolled under section 7.2; ,
(c) in the definition of "child" by striking out "or" in subparagraph (i) and by repealing subparagraph (ii),
(d) in paragraph (a) of the definition of "enroll" by striking out "section 7" and substituting "section 7.2", and
(e) by repealing the definition of "medical practitioner".
109 Section 5 is amended
(a) in subsection (1) by adding the following paragraph:
(g.1) determine whether a person is a member of a prescribed class; , and
(b) by adding the following subsection:
(6.1) If the commission enters into an information-sharing agreement under subsection (5), the commission may, in accordance with the agreement, collect and use personal information from, and disclose personal information to, the party with whom the agreement was made.
110 The following section is added:
5.01 The commission may investigate for the purposes of this Act, including for the purpose of determining whether there is cause within the meaning of section 11 (1) (a), (b), (c) or (c.1).
111 Sections 7 to 7.2 are repealed and the following substituted:
7 (1) A resident must apply to the commission
(a) for enrollment as a beneficiary, if not already enrolled, and
(b) for enrollment of each of the resident's children as a beneficiary if the child
(i) is a resident, and
(ii) is not already enrolled, or does not already have someone applying for enrollment on the child's behalf.
(2) Unless exempted under this Act, an adult resident must apply to the commission, within the prescribed period or at the prescribed time, to renew the resident's enrollment as a beneficiary.
(3) Subsections (1) (a) and (2) do not apply to an adult resident who submits, or has submitted, a statement to the commission in the manner required by the commission stating that the resident does not want to be enrolled as a beneficiary.
(4) A statement under subsection (3) may not be submitted for the purpose of requesting that a child described by subsection (1) (b) not be enrolled.
(5) Applications under this section must
(a) be made in the prescribed manner, and
(b) be accompanied by proof of identity and residency in accordance with the regulations.
7.1 (1) Subject to subsection (2), the commission may exempt a person from one or more of the following requirements:
(a) to renew enrollment under section 7 (2);
(b) to renew enrollment within the prescribed period or at the prescribed time;
(c) to provide proof of identity or residency for the purposes of enrollment or renewal of enrollment.
(2) Before making an exemption, the commission must be satisfied that
(a) the person is, or is likely, a resident, and
(b) the exemption is necessary because compliance with a requirement referred to in subsection (1) is impractical or would cause undue hardship in the circumstances.
(3) The commission may, in making an exemption,
(a) make an alternative requirement, or
(b) attach limits or conditions to the exemption.
7.2 (1) After confirming the identity and determining the residency of
(a) an applicant under section 7 (1) or (2), and
(b) each of the applicant's children named in the application,
the commission must enroll as beneficiaries those covered by the application who are residents.
(2) After confirming the identity and determining the residency of a child, the commission may, at any time, enroll as a beneficiary a child who is a resident.
(3) Enrollment is effective on the date stated by the commission, that date being
(a) on or before the date on which the application under section 7 (1) or (2) was made, or
(b) not more than 3 months after receipt of the application.
(4) The commission must not enroll a person as a beneficiary for a prescribed period from the date that the commission
(a) receives a statement under section 7 (3) from the person, or
(b) cancels the enrollment of the person under section 7.4 (1) (a).
(5) The following persons must pay to the commission the applicable premiums:
(a) a beneficiary;
(b) a person who is required to renew the person's enrollment as a beneficiary under section 7 (2).
7.3 A beneficiary must, within 10 days of the change, provide the commission with the beneficiary's former and new
(a) addresses, if the beneficiary's address changes, or
(b) names, if the beneficiary's name changes.
7.4 (1) The commission may cancel the enrollment of a beneficiary as follows:
(a) on application by an adult beneficiary, effective on a date subsequent to the date of the application as determined by the commission;
(b) if the commission believes the beneficiary has ceased to be a resident, effective on the date the commission determines to have been the date that the beneficiary ceased to be a resident;
(c) if the commission determines that the beneficiary was not eligible for enrollment, effective on the date of enrollment as a beneficiary.
(2) Subsection (1) (a) does not apply for the purpose of requesting that the enrollment of a child described by section 7 (1) (b) be cancelled.
(3) If a beneficiary does not apply to renew enrollment in accordance with section 7 (2), the beneficiary's enrollment is cancelled effective on the date by which the beneficiary was required by the regulations to renew.
112 Section 8 is amended
(a) in subsection (1) by striking out "for beneficiaries",
(b) in subsections (2) and (3) by striking out "beneficiaries" and substituting "persons", and
(c) by repealing subsection (4) and substituting the following:
(4) A premium that has not been paid during any period in which
(a) a beneficiary has been enrolled, or
(b) a person who was required to renew the person's enrollment as a beneficiary under section 7 (2) was not enrolled
may be recovered by the commission as a debt owing to the commission.
(5) If a person paid premiums for a period after which cancellation under section 7.4 (1) or (3) of that person's enrollment as a beneficiary took effect, the commission may, if the commission believes it to be in the public interest, refund all or part of the amount of those premiums to the person who paid them.
113 Section 8.1 is amended by striking out "section 7 (5)" and substituting "section 7.2 (5)".
114 Section 11 is amended
(a) in subsection (1) by adding the following paragraph:
(c.1) providing to another person the beneficiary's identity number, issued by the commission to the beneficiary, knowing that the other person would, or would likely, use the identity number to contravene section 12; , and
(b) in subsection (4) by striking out "section 7 (7) (b) or (c)," and substituting "section 7.4 (1) (b) or (c),".
115 The following section is added:
47.1 A person prescribed for the purposes of this section must promptly report to the commission, in the manner required by the commission, if the prescribed person has reason to believe that another person
(a) has provided to the commission false or misleading information about the other person's identity, residency or children,
(b) has obtained, or has attempted to obtain, benefits or a payment under section 9, 10 or 29 to which the other person is not entitled, or
(c) has contravened section 12.
116 Section 48 is amended by adding the following subsection:
(4) If a person makes a report in good faith, in the manner and as required under this Act, no action for damages may be brought against the person based solely on the fact that the report was made.
117 Section 51 is amended
(a) in subsection (2) by adding the following paragraphs:
(c.01) for the purposes of section 7,
(i) respecting applications for, or renewal of, enrollment as a beneficiary,
(ii) respecting records and other information that must be provided to prove identity and residency,
(iii) making different requirements in relation to applications for, or renewal of, enrollment as a beneficiary,
(iv) making different requirements for the purposes of investigations,
(v) respecting alternative means of establishing identity and residency,
(vi) establishing classes of beneficiaries and making different provisions for different classes,
(vii) exempting classes of beneficiaries from one or more requirements under section 7 (2) or (5) (b), and
(viii) prescribing periods and times for the purposes of section 7 (2);
(c. 02) respecting the issuing of cards or other records for the purposes of identifying beneficiaries, and the use, return, replacement or destruction of such cards or records;
(e.1) respecting verification of the identity and enrollment of a person requesting benefits;
(r) prescribing persons who must make a report under section 47.1. ,
(b) in subsection (2) (c.1) by striking out "section 7.1;" and substituting "section 7.2 (4);",
(c) by repealing subsection (2) (c.2) and substituting the following:
(c.2) for the purposes of section 8,
(i) establishing different categories of persons who, under section 7.2 (5), must pay premiums,
(ii) respecting premiums for family units and dependents, and defining family units and dependents, and
(iii) establishing the manner and time for the making of payments of premiums; , and
(d) by adding the following subsection:
(3) A regulation made under subsection (2) (c.01) in respect of proof of identity may do one or more of the following:
(a) establish requirements;
(b) incorporate by reference, and as amended from time to time, requirements established under another enactment;
(c) modify requirements incorporated by reference under paragraph (b);
(d) provide that proof of identity under another enactment or for the purposes of a specified program or activity of a public body, within the meaning of the Freedom of Information and Protection of Privacy Act, is sufficient proof of identity for the purposes of this Act.
Health Care Costs Recovery Act
118 Section 1 of the Health Care Costs Recovery Act, S.B.C. 2008, c. 27, is amended in the definition of "beneficiary" by adding ", and includes a former beneficiary under that Act" after "Medicare Protection Act".
Insurance Corporation Act
119 Section 7 (h) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out "and" at the end of subparagraph (i), by adding ", and" at the end of subparagraph (ii) and by adding the following subparagraph:
(iii) revenue from fees collected under the Medicare Protection Act; .
Motor Vehicle Act
120 Section 25 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended
(a) by adding the following subsection:
(1.3) An applicant for a driver's licence referred to in subsection (1), other than an applicant within a prescribed category, who wishes the driver's licence to indicate that the applicant is a beneficiary under the Medicare Protection Act must, for the purposes of subsection (1) and in addition to the other requirements in this section,
(a) provide proof of enrollment as a beneficiary under the Medicare Protection Act,
(b) sign an application in the form required by the Insurance Corporation of British Columbia,
(c) pay
(i) the fee prescribed under this Act, and
(ii) any fee prescribed under section 51 (2) (n) of the Medicare Protection Act that applies to an application to renew enrollment as a beneficiary under that Act, and
(d) meet the requirements set out in the regulations. ,
(b) in subsection (7) by striking out "subsection (1) or (1.2)," and substituting "subsection (1), (1.2) or (1.3)," and by striking out "subsection (9)," and substituting "subsections (9) and (9.1),",
(c) by adding the following subsection:
(9.1) The corporation may refuse to issue a driver's licence that indicates that the holder is a beneficiary under the Medicare Protection Act if it would not be practicable to do so in the circumstances. ,
(d) in subsection (14.1) (a) and (b) by adding "or a beneficiary under the Medicare Protection Act" after "Canadian citizen",
(e) in subsection (14.1) (d) by striking out "section 25 (1.2)" and substituting "subsection (1.2)", and
(f) in subsection (14.1) by adding the following paragraphs:
(e) specifying that subsection (1.3) does not apply to a category of drivers, and establishing categories for this purpose;
(f) respecting the manner in which a driver's licence indicates that the driver is a beneficiary under the Medicare Protection Act.
121 The following section is added:
25.02 (1) The Insurance Corporation of British Columbia may enter into an information-sharing agreement with the Medical Services Commission under the Medicare Protection Act for the purposes of collecting, using and disclosing personal information necessary for the administration of
(a) section 25 (1.3) of this Act, and
(b) the Medicare Protection Act, as it relates to the enrollment and renewal of enrollment of beneficiaries under that Act.
(2) If the Insurance Corporation of British Columbia enters into an information-sharing agreement under subsection (1), the Insurance Corporation of British Columbia may, in accordance with the agreement, collect and use personal information from, and disclose personal information to, the Medical Services Commission.
122 Section 31 is amended
(a) by adding the following subsections:
(1.11) A person who holds a driver's licence that indicates the driver is a beneficiary under the Medicare Protection Act and who reports a change of address under subsection (1) must
(a) surrender his or her existing licence to the Insurance Corporation of British Columbia and apply for and pay the prescribed fee for a duplicate licence,
(b) comply with the requirements of section 25 (1.3) (a) and (3) (d), and
(c) continue to meet requirements set under section 25 (1.3) (d).
(3.2) A person who holds a driver's licence that indicates the driver is a beneficiary under the Medicare Protection Act and who reports a change of name under subsection (2) must, in addition to the requirements of subsection (3),
(a) comply with the requirements of section 25 (1.3) (a), and
(b) continue to meet requirements set under section 25 (1.3) (d). ,
(b) in subsection (1.2) by striking out "subsection (1.1)," and substituting "subsection (1.1) or (1.11),", and
(c) in subsection (4) by striking out "subsection (3) or (3.1)," and substituting "subsection (3), (3.1) or (3.2),".
123 Section 33 is amended by adding the following subsection:
(2.2) If a driver's licence that indicates the driver is a beneficiary under the Medicare Protection Act and that is issued to a person under this Act is lost, mutilated or destroyed, he or she may obtain a duplicate licence if, in addition to the requirements of subsection (2), he or she
(a) complies with the requirements of section 25 (1.3) (a), and
(b) continues to meet requirements set under section 25 (1.3) (d).
124 A person who was a beneficiary under section 7 (2), (3) or (6) of the Medicare Protection Act immediately before its amendment by this Act continues to be a beneficiary until the person's enrollment is cancelled under section 7.4 of the Medicare Protection Act as enacted by this Act.
Part 8 — Labour, Citizens' Services and Open
Government Amendments
Legislative Assembly Management Committee Act
125 Section 6 (2) and (4) of the Legislative Assembly Management Committee Act, R.S.B.C. 1996, c. 258, is repealed.
Members' Remuneration and Pensions Act
126 Section 9 (1) (b) of the Members' Remuneration and Pensions Act, R.S.B.C. 1996, c. 257, is repealed and the following substituted:
(b) subject to paragraph (d), the Speaker must be considered to have occupied that position from the date of his or her election as Speaker until a new Speaker is elected in his or her place.
Part 9 — Public Safety and Solicitor General Amendments
Motor Vehicle Act
127 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended
(a) by adding the following definitions:
"golf cart" means a motor vehicle originally designed and manufactured to carry golfers and their equipment;
"industrial utility vehicle" means a motor vehicle that
(a) is used for work purposes, including industrial, maintenance or landscaping purposes, and, at the time it was manufactured, was not designed to conform to the standards prescribed in the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway, or
(b) is in a prescribed class of motor vehicles,
but does not include a vehicle in a class of motor vehicles excluded by regulation;
"mobile equipment" means a self-propelled device that is incapable of exceeding 10 km/h and that
(a) can be steered only by an operator walking or standing behind, walking in front of or walking alongside the device,
(b) is a work platform used to raise and lower the following:
(i) the operator of the platform;
(ii) tools and supplies, or
(c) is in a prescribed class of devices,
but does not include a device in a class of devices excluded by regulation; ,
(b) in the definition of "motor vehicle" by adding "mobile equipment or" before "a motor assisted cycle;", and
(c) in the definition of "vehicle" by adding ", mobile equipment" before "or a motor assisted cycle;".
128 Section 3 (1) is amended by striking out "in this Act" and substituting "under this Act".
129 The following section is added:
3.1 (1) Section 3 (1) does not apply in respect of the following vehicles if they are used or operated on a highway only in accordance with the conditions in this section and in the regulations, if any:
(a) golf carts;
(b) industrial utility vehicles;
(c) a vehicle in a prescribed class of vehicles.
(2) This section also applies in respect of a trailer towed by an industrial utility vehicle to which this section applies.
(3) Section 3 (1) does not apply in respect of a golf cart or an industrial utility vehicle owned or leased by the owner or operator of a golf course if the golf cart or the industrial utility vehicle is used or operated only as follows:
(a) on a parking lot or driveway of the golf course;
(b) to cross a highway that intersects the golf course, for the purpose of travelling from one part of a golf course to another part of the same golf course;
(c) in the case of an industrial utility vehicle,
(i) on the untravelled portion of a highway immediately adjacent to the golf course, and
(ii) on the highway immediately adjacent to a worksite where the industrial utility vehicle is being or will be used or operated to perform work, for the purpose of unloading or loading the industrial utility vehicle from or to another motor vehicle or trailer.
130 Section 3.1 is amended by adding the following subsection:
(4) Section 3 (1) does not apply in respect of an industrial utility vehicle owned or leased by a person other than an owner or operator of a golf course if the industrial utility vehicle is used or operated only as follows:
(a) on a parking lot or driveway, by or on behalf of the owner or operator of the parking lot or driveway;
(b) to cross a highway that intersects a worksite where the industrial utility vehicle is being used or operated to perform work;
(c) at a worksite on the untravelled portion of a highway;
(d) on the highway immediately adjacent to a worksite where the industrial utility vehicle is being or will be used or operated to perform work, for the purpose of unloading or loading the industrial utility vehicle from or to another vehicle or trailer;
(e) at a worksite located on a highway, provided the worksite is not accessible to the public.
131 Section 10 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The Insurance Corporation of British Columbia may, in respect of any motor vehicle known or described as a tractor, grader, loader, shovel, roller, mixer, crane or other self-propelled construction machinery used in performing work at a worksite located in or on a mine or industrial undertaking, cause a licence to be issued permitting the operation of the motor vehicle on a highway for the purposes of
(a) proceeding to or returning from the worksite without carrying a load, or
(b) if the worksite is on the highway, carrying a load at the worksite, provided the worksite is not accessible to the public.
(1.1) The form of the licence under subsection (1) must be varied accordingly. , and
(b) in subsection (2) by striking out "this section" and substituting "subsection (1)" and by striking out "purpose" and substituting "purposes".
132 Section 25 is amended
(a) in subsection (4) by striking out "with the application" and substituting ", at the time that he or she is issued a driver's licence under this Act,",
(b) by repealing subsection (10.2),
(c) by adding the following subsection:
(10.4) The Lieutenant Governor in Council may, for the purposes of complying with a prescribed international agreement, make regulations respecting requirements, restrictions or conditions for a driver's licence or respecting statements in, endorsements on or attachments to a driver's licence. ,
(d) by repealing subsection (11) and substituting the following:
(11) A regulation made under subsection (8), (10), (10.1) or (10.11) may specify that a requirement, restriction or condition is applicable to and conclusively deemed to be part of
(a) any driver's licence, whether it is issued before or after the coming into force of the regulation,
(b) only those drivers' licences issued after the coming into force of the regulation, or
(c) any driver's licence issued on or after a date specified in the regulation. , and
(e) in subsection (13) by striking out "must ensure that a person's driver's licence reflects any restrictions and conditions imposed in respect of that licence" and substituting "must, as soon as practicable after a restriction or condition is imposed on a person's driver's licence, ensure that the restriction or condition is reflected on that licence".
133 Section 210 (2) is amended by adding the following paragraphs:
(a.1) prescribing classes of devices or vehicles for the purposes of the definitions of "industrial utility vehicle" and "mobile equipment", respectively;
(a.2) prescribing classes of vehicles for the purposes of section 3.1 (1) (c);
(a.3) respecting the use and operation of
(i) mobile equipment, and
(ii) vehicles to which section 3.1 applies;
(a.4) respecting insurance for vehicles to which section 3.1 applies, including regulations specifying the minimum amount of insurance required;
(x) exempting the following persons, in the circumstances set out in the regulation, from holding a subsisting licence of a class of drivers' licences appropriate to the category of motor vehicle driven by the person, or from any requirement, restriction or condition prescribed under section 23 or 25 in respect of the person's driver's licence:
(i) any peace officer;
(ii) any person employed by the Insurance Corporation of British Columbia as an examiner of drivers;
(y) defining any word or expression used but not defined in this Act.
Environmental Management Act
134 Section 71 of the Environmental Management Act, S.B.C. 2003, c. 53, is amended in the definition of "motor vehicle" by striking out "and includes a motor assisted cycle as that term is defined in that Act" and substituting "and includes mobile equipment and a motor assisted cycle as those terms are defined in that Act".
Motor Vehicle Amendment Act, 2010
135 Section 1 of the Motor Vehicle Amendment Act, 2010, S.B.C. 2010, c. 14, is repealed and the following substituted:
1 Section 25 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following subsection:
(10.3) For the purposes of a regulation under subsection (10) (c) that restricts the motorcycles or classes of motorcycles that a class of persons may drive, the minister may make regulations specifying the motorcycles or classes of motorcycles to which a member of the class of persons is restricted, by way of one or more of the following:
(a) model;
(b) make;
(c) year.
136 Section 5, as it enacts section 194 (4) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out everything after "contravention of" and substituting the following:
(a) subsection (2), or
(b) subsection (3).
137 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:
| Item | Column1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Sections 12 to 30 | By regulation of the Lieutenant Governor in Council |
| 3 | Section 33 | By regulation of the Lieutenant Governor in Council |
| 4 | Sections 35 to 40 | By regulation of the Lieutenant Governor in Council |
| 5 | Sections 42 to 51 | By regulation of the Lieutenant Governor in Council |
| 6 | Sections 53 to 95 | By regulation of the Lieutenant Governor in Council |
| 7 | Sections 97 to 100 | By regulation of the Lieutenant Governor in Council |
| 8 | Section 106 | By regulation of the Lieutenant Governor in Council |
| 9 | Section 107 | Retroactive to the extent necessary to give full force and effect to its provisions |
| 10 | Sections 108 to 124 | By regulation of the Lieutenant Governor in Council |
| 11 | Section 130 | By regulation of the Lieutenant Governor in Council |