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

New Relationship Trust Act

1 Section 3 (3) of the New Relationship Trust Act, S.B.C. 2006, c. 6, is repealed and the following substituted:

(3) Subject to subsections (3.1) and (3.2) of this section and to section 4 (4), the term of office of a director of the New Relationship Trust is 3 years from the expiry of the term of the retiring director whom he or she replaces.

(3.1) The term of office of

(a) a director of the New Relationship Trust who holds office on the date this subsection receives First Reading in the Legislative Assembly, and

(b) a director of the New Relationship Trust who ceased to hold office under section 6 (1) (b) and whose office is vacant on the date this subsection receives First Reading in the Legislative Assembly

is deemed to expire immediately on the commencement of December 1, 2012.

(3.2) On the expiry of the terms of office of the directors of the New Relationship Trust whose terms are deemed under subsection (3.1) to expire immediately on the commencement of December 1, 2012, the directors of the New Relationship Trust who replace those directors are to be appointed as follows:

(a) 3 by the Organizations, with each of the 3 Organizations appointing one individual as a director, for a term effective December 1, 2012 and ending December 1, 2015;

(b) 2 by the First Nations Leadership Council for a term effective December 1, 2012 and ending December 1, 2013;

(c) 2 by the Lieutenant Governor in Council for a term effective December 1, 2012 and ending December 1, 2014.

Part 2 — Agriculture Amendments

Farm Income Insurance Act

2 Section 1 of the Farm Income Insurance Act, R.S.B.C. 1996, c. 130, is amended by striking out "designated by the Lieutenant Governor in Council".

3 Section 5 is repealed and the following substituted:

Agreements

5  The minister, on behalf of the government, may enter into any agreement that the minister considers would provide for the joint participation by British Columbia, Canada or another province in a farm income plan.

Insurance for Crops Act

4 Section 1 of the Insurance for Crops Act, R.S.B.C. 1996, c. 229, is amended by striking out "under terms required by the Lieutenant Governor in Council".

Ministry of Agriculture and Food Act

5 Section 7 of the Ministry of Agriculture and Food Act, R.S.B.C. 1996, c. 296, is amended by striking out "With the approval of the Lieutenant Governor in Council, the" and substituting "The".

Validation Provision

Validation of pre-existing agreements

6  An agreement that

(a) was made under the Farm Income Insurance Act, Insurance for Crops Act or Ministry of Agriculture and Food Act before sections 2 to 5 of this Act come into force, and

(b) would have been valid if, at the time the agreement was made, sections 2 to 5 of this Act had been in force,

is valid and is deemed for all purposes to have been made under those Acts.

Part 3 — Community, Sport and
Cultural Development Amendments

Assessment Act

7 Section 19 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended

(a) in subsection (14.1) by adding the following paragraph:

(d.2) prescribing information for the purposes of subsection (14.2) or (14.4); , and

(b) by adding the following subsections:

(14.2) If a regulation made under subsection (14.1) (d) requires an owner to supply information respecting a strata lot, the owner may supply prescribed information in the form of an average number for all of the strata lots of that type in the strata plan.

(14.3) For the purposes of a regulation made under subsection (14.1) (d), an average number supplied under subsection (14.2) is deemed to be information supplied by the owner in respect of the strata lot, subject to the owner supplying information that is specifically in respect of the strata lot.

(14.4) If a regulation made under subsection (14.1) (d.1) requires an owner to supply information respecting accommodation units in a leasehold accommodation property, the owner may supply prescribed information in the form of an average number for all of the accommodation units in the leasehold accommodation property.

(14.5) For the purposes of a regulation made under subsection (14.1) (d.1), an average number supplied under subsection (14.4) is deemed to be information supplied by the owner in respect of each accommodation unit in the leasehold accommodation property, subject to the owner supplying information that is specifically in respect of an accommodation unit.

Local Government Act

8 The Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following sections:

Notice by regional district: obligation satisfied
if reasonable effort made

6.51  If this or another Act requires a regional district, a board or a regional district officer or employee to give notice or to mail, send or deliver a notice, the obligation is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Prohibition against interfering with regional
district officers and employees

200.1  A person must not interfere with, hinder or obstruct a regional district officer or employee in the exercise or performance of his or her powers, duties or functions.

Public access to regional district records

794.1  (1) In addition to the public access provided by the Freedom of Information and Protection of Privacy Act, a board may, by bylaw, provide for public access to its records and establish procedures respecting that access.

(2) If an enactment requires that a regional district record be available for public inspection, that obligation is met by having the record available for public inspection at the regional district offices during regular office hours.

(3) If a regional district record is available for public inspection, a person may have a copy made of all or part of the record on payment of any applicable fee the board establishes under section 363 [imposition of fees and charges].

(4) A person inspecting a record of a regional district must not, without authorization, remove the record from the place where it has been provided for inspection.

(5) An obligation under section 97 of the Community Charter, as that section applies to regional districts under section 794 of this Act, to provide public access to a regional district record does not apply to records that must not be disclosed under the Freedom of Information and Protection of Privacy Act.

Board may seek regional district opinion

797.31  (1) Without limiting section 797.3, a board may seek the opinion of the electors of the regional district on a question that the board believes affects the regional district, by voting or another process the board considers appropriate.

(2) If a board seeks an opinion under this section, the board must seek the opinion of the electors of the entire regional district.

(3) The results of a process under this section are not binding on the board.

(4) The board is responsible for conducting the voting or other process under this section.

(5) The seeking of an opinion under this section is deemed to be general administration within the meaning of section 800 (2) (a).

9 Section 787 is amended

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

(1) Within 60 days of an electoral area director being elected, or of the office of an alternative director appointed under this section for the electoral area director becoming vacant through resignation, disqualification or death, an electoral area director must appoint, as an alternate director, a person who has the qualifications necessary to be nominated as a director for that electoral area.

(1.1) If an electoral area director does not appoint an alternate director in accordance with subsection (1), the board must, by resolution, appoint a person who has the qualifications necessary to be nominated as a director for that electoral area as alternate director for the electoral area director. ,

(b) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1), (1.1) or (4) (b)",

(c) by adding the following subsection:

(3.1) An appointment under subsection (1.1) takes effect when the resolution making the appointment is passed and the alternate director so appointed holds office until the next general local election. ,

(d) in subsection (4) (b) by adding ", by resolution," after "the board must", and

(e) in subsection (6) by striking out "An alternate director" and substituting "An alternate director appointed by an electoral area director".

Part 4 — Environment Amendments

Environmental Management Act

10 Section 22 (2) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by adding the following paragraph:

(z) providing

(i) that permits or approvals issued to persons conducting the industry, trade or business, or carrying on the activity or operation, to which the regulation relates are cancelled,

(ii) when those permits or approvals are cancelled, and

(iii) for a prorated refund of, or credit for, fees paid in respect of those permits or approvals.

11 The following section is added:

Immunity — cancellation of permits and approvals

129.1  No compensation is payable and no legal proceeding for damages lies or may be commenced or maintained against the government or the minister in respect of the cancellation of a permit or approval by regulation.

12 Section 138 (2) is amended by adding the following paragraph:

(s.1) if the Lieutenant Governor in Council makes a regulation exempting on condition from section 6 (2) or (3) persons conducting an industry, trade or business prescribed for the purposes of section 6 (2) or carrying on an activity or operation prescribed for the purposes of section 6 (3), providing

(i) that permits or approvals issued to persons conducting the industry, trade or business, or carrying on the activity or operation, are cancelled,

(ii) when those permits or approvals are cancelled, and

(iii) for a prorated refund of, or credit for, fees paid in respect of those permits or approvals.

Park Act

13 The definition of "conservancy" in section 1 of the Park Act, R.S.B.C. 1996, c. 344, is repealed and the following substituted:

"conservancy" means Crown land established or continued as a conservancy under this Act or the Protected Areas of British Columbia Act; .

14 Section 5 is amended

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

(3) The Class A parks named and described in Schedules C and D of the Protected Areas of British Columbia Act are dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public. ,

(b) in subsections (5) and (6) by striking out "continued or established under subsection (3)" and substituting "referred to in subsection (3)", and

(c) by adding the following subsections:

(7) The Lieutenant Governor in Council, by order, may extend the boundaries of any conservancy, or consolidate 2 or more of the conservancies, established or continued under the Protected Areas of British Columbia Act.

(8) Except as permitted under subsection (7), the boundaries of a conservancy established or continued under the Protected Areas of British Columbia Act must not be affected except by an Act of the Legislature.

15 Section 7 is amended

(a) in subsection (1) by repealing everything before paragraph (a) and substituting "The Lieutenant Governor in Council may cancel, reestablish or revise the boundaries of any park, conservancy or recreation area established under this Act to", and

(b) by repealing subsection (2) and substituting the following:

(2) Subsection (1) does not apply to a park or conservancy continued under the Protected Areas of British Columbia Act.

16 Section 20 (1) to (4) is repealed and the following substituted:

(1) Subject to this Act and only on receiving the prescribed application and administration fees, the minister may issue a permit, on the terms and conditions the minister may specify, authorizing a person to do anything for which a permit is required under this Act.

(2) The minister may issue a permit under subsection (1) on receiving an application and with or without a public competition.

(3) The minister may require that, before a public competition is held in respect of the issuance of a permit or a decision is made whether to issue a permit, the public be provided with an opportunity to review details and provide comments to the minister in respect of the proposed permit.

(3.1) If the minister requires public consultation under subsection (3), the minister must publish in the prescribed manner details respecting the proposed permit, the period during which the minister will accept comments from the public and the address to which comments should be sent.

(3.2) The terms and conditions specified in a permit issued under subsection (1) must include

(a) the amounts, or a method for calculating the amounts, other than prescribed fees, payable in respect of the permit, and

(b) when the amounts referred to in paragraph (a) must be paid.

(3.3) The minister, in a permit, may waive payment of amounts referred to in subsection (3.2).

17 Section 29 is amended

(a) by repealing subsection (3) (f) and substituting the following:

(f) respecting application and administration fees that are payable to the government in respect of park use permits or resource use permits, including, without limitation, prescribing the amount of a fee or the method of calculating the fee; , and

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

(5) A regulation under subsection (3) (f) may

(a) prescribe different fees for different classes of persons, park use permits or resource use permits,

(b) prescribe different fees for different services and for services provided in different circumstances,

(c) exempt a class of persons, park use permits or resource use permits from a fee,

(d) authorize the minister to exempt a person from a fee, subject to the conditions or in circumstances the Lieutenant Governor in Council specifies, if any, and

(e) for the purposes of a regulation under paragraph (d), confer a discretion on the minister.

18 Section 29.2 (4) (b) is amended by striking out "grant a discretion to" and substituting "confer a discretion on".

19 The following section is added:

Park use permit holders' reporting requirements

29.3  The minister may make regulations respecting reporting requirements for park use permit holders, including, without limitation, regulations requiring prescribed classes of park use permit holders to provide to a director in the prescribed time and manner prescribed information respecting proposed or previous operations under a permit.

Protected Areas of British Columbia Act

20 Section 2.1 of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended by striking out "established as conservancies" and substituting "established or continued as conservancies".

21 Section 3 (2) (a.1) is amended by striking out "established by" and substituting "established or continued by".

Commencement

22  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: