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

Clean Energy Act

1 The definition of "heritage assets" in section 1 (1) of the Clean Energy Act, S.B.C. 2010, c. 22, is amended

(a) in paragraph (b) by adding "the authority's interests in the" before "generation and storage assets", and

(b) in paragraph (c) by adding "the authority's interests in the" before "equipment and facilities".

2 Section 6 is amended

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

(2) The authority must achieve electricity self-sufficiency by holding, by the year 2016 and each year after that, the rights to an amount of electricity that meets the electricity supply obligations solely from electricity generating facilities within the Province,

(a) assuming no more in each year than the heritage energy capability, and

(b) relying on Burrard Thermal for no energy and no capacity, except as authorized by regulation. , and

(b) in subsection (3) by striking out "subsection (2) (a) and (b)" and substituting "subsection (2)".

3 Section 35 (i) is amended by striking out "section 6 (2) (a) and (b)" and substituting "section 6 (2)".

Oil and Gas Activities Act

4 The definition of "oil and gas activity" in section 1 (2) of the Oil and Gas Activities Act, S.B.C. 2008, c. 36, is amended in paragraph (f) by striking out "construction, use or operation" and substituting "construction or maintenance".

5 Section 9 is amended

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

(1) In this section:

"approval" means an approval, with any conditions imposed, under a specified enactment to carry out an activity

(a) that, under the specified enactment, must not be carried out except as approved under the specified enactment, and

(b) that is required to be carried out in order to operate or construct a pipeline;

"pipeline" has the same meaning as in the National Energy Board Act (Canada). ,

(b) in subsection (2) by striking out "authorization" and substituting "approval",

(c) in subsection (3) by striking out "authorization" and substituting "approval under one or more specified enactments", and

(d) by repealing subsection (4) and substituting the following:

(4) If the commission's powers are extended as described in subsection (3) in relation to an approval under one or more specified enactments,

(a) section 8 applies respecting the applicable specified enactments in relation to the pipeline, whether or not the commission issued the approval,

(b) section 24 (3) does not apply to the granting of the approval, and

(c) the carrying out of the activity under the approval must be considered the carrying out of a related activity for the purposes of this Act.

6 Section 22 (4) is amended by adding "one or more of" after "exempt a person from".

7 Section 31 (5) is amended by striking out "the prescribed consultations or provide the prescribed notices," and substituting "one or more of the prescribed consultations or provide one or more of the prescribed notices,".

8 Section 32 (3) is amended by striking out "the prescribed consultations or provide the prescribed notification" and substituting "one or more of the prescribed consultations or provide one or more of the prescribed notices".

9 Section 48 (1) (c) (ii) is repealed and the following substituted:

(ii) an approval, as defined in section 9 of this Act and as issued by the commission under that section, under the Environmental Management Act or the Water Act; .

10 Section 62 is amended

(a) in subsection (5) by adding "or" at the end of paragraph (a) and by repealing paragraph (b), and

(b) in subsection (6) by striking out "subsection (5) (a) to (c)" in both places and substituting "subsection (5) (a) and (c)".

11 Section 76 is amended

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

(c) the pipeline permit holder agrees in writing to the construction or the carrying out of the prescribed activity, either specifically or by reference to a class of construction projects or activities,

(d) the commission, by order issued under subsection (2), approves the construction or the carrying out of the prescribed activity, either specifically or by reference to a class of construction projects or activities, or

(e) the construction or prescribed activity is carried out in accordance with the regulations. ,

(b) by repealing subsections (2) and (3) and substituting the following:

(2) The commission, on application by a person referred to in subsection (1), may issue an order for the purposes of subsection (1) (d) and in doing so may impose any conditions that the commission considers necessary to protect the pipeline.

(3) The commission must approve

(a) the construction referred to in subsection (1) (a), and

(b) the carrying out of a prescribed activity under subsection (1) (b)

by the government or a municipality, but may impose conditions referred to in subsection (2) in the order issued under that subsection. ,

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

(5) The commission may order a pipeline permit holder whose pipeline is the subject of an order issued under subsection (2) to do one or both of the following:

(a) with the approval of the Lieutenant Governor in Council, relocate the pipeline to facilitate the construction or prescribed activity approved by the order issued under subsection (2);

(b) take the actions specified in the order that the commission considers necessary to protect the pipeline. , and

(d) in subsection (7) by striking out "section 99 (m)" and substituting "section 99 (1) (m.1)".

12 Section 79 is amended

(a) in subsection (1) by striking out "All documents" and substituting "Subject to subsections (3) and (4), all documents",

(b) in subsection (2) by adding ", (3) or (4)" after "in accordance with subsection (1)", and

(c) by adding the following subsections:

(3) The commission, on application by an applicant, may authorize the applicant to serve a document on a person by sending a copy of the document by registered mail to the last known address of the person if the commission is satisfied that the applicant has made a reasonable attempt to serve that person in accordance with subsection (1) but has been unable to effect the service.

(4) The commission may serve a notice, required under section 25 (4), 26 (7) or 31 (9) or (11) to be provided to a land owner, by sending a copy of the notice by registered mail to the last known address of the land owner if the commission is satisfied that service under subsection (1) of this section is impracticable in the circumstances.

13 Section 99 is amended

(a) by renumbering the section as section 99 (1),

(b) by repealing subsection (1) (m) and substituting the following:

(m) prescribing works, activities and distances for the purposes of section 76 (1) and requirements for the purposes of section 76 (1) (e);

(m.1) respecting how costs incurred in relation to

(i) the construction of anything referred to in section 76 (1) (a),

(ii) the carrying out of an activity under section 76 (1) (b), or

(iii) the relocation referred to in section 76 (5) (a) and any actions referred to in section 76 (5) (b)

are to be allocated between the pipeline permit holder and the person doing anything referred to in subparagraphs (i) to (iii) of this paragraph; ,

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

(q) respecting the carrying out of activities under a master licence to cut, as defined in section 47.4 (1) of the Forest Act, by a permit holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in section 9 (1) of this Act; , and

(d) by adding the following subsection:

(2) The following do not apply to a master licence to cut, as defined in section 47.4 (1) of the Forest Act, held by a permit holder, an applicant for a permit or a person carrying out an activity under an approval, as defined in section 9 (1) of this Act:

(a) the Forest and Range Practices Act and the regulations and standards made under that Act;

(b) the Forest Practices Code of British Columbia, as it read immediately before section 177 of the Forest and Range Practices Act came into force, and the regulations made under that Code.

14 Section 111 (2) is amended

(a) in paragraph (a) by striking out "paragraph (g)" and substituting "paragraph (f)",

(b) in paragraph (b) by adding ", maintenance" after "operation", and

(c) by adding the following paragraph:

(d) respecting the use of a prescribed road by a permit holder.

15 The following section is added:

Transition — roads

118.1  Despite section 21, a person does not require a permit to maintain a road that existed immediately before January 27, 2011, and that is prescribed for the purposes of paragraph (f) of the definition of "oil and gas activity" in section 1 (2).

Strata Property Act

16 Section 94 (2) (a) of the Strata Property Act, S.B.C. 1998, c. 43, is repealed and the following substituted:

(a) for the first time,

(i) December 14, 2013, in the case of a strata corporation that existed on December 14, 2011, or

(ii) the prescribed date, in all other cases; .

17 Section 103 (5), as enacted by section 16 (b) of the Strata Property Amendment Act, 2009, S.B.C. 2009, c. 17, is amended by striking out "to be distributed with the proposed budget" and substituting "referred to in subsection (2), and updated to the end of the fiscal year," and by adding "and must be distributed to all strata owners within 4 months of the end of the fiscal year" after "for the purposes of this subsection".

18 Section 292 is amended by adding the following subsection:

(3.1) Without limiting subsection (1), in making regulations under this Act, the Lieutenant Governor in Council may do one or both of the following:

(a) make different regulations for different classes of lots or strata corporations;

(b) in the case of regulations that may be made respecting definitions, periods, information, standards or other matters referenced in 2 or more provisions of this Act, make different regulations for the definitions, periods, information, standards or other matters as they pertain to different provisions.

19 Section 292.2, as enacted by section 34 of the Strata Property Amendment Act, 2009, S.B.C. 2009, c. 17, is repealed.

 
Related Amendments

Expropriation Act

20 Section 2 of the Expropriation Act, R.S.B.C. 1996, c. 125, is amended by adding the following subsection:

(1.3) Despite subsection (1), if there is an inconsistency between a provision of this Act and a provision of either a regulation under section 99 (1) (m.1) of the Oil and Gas Activities Act or an order under section 76 (6) of that Act, the provision of the regulation or order prevails.

Forest Act

21 Section 47.5 (2) of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) in paragraph (c) by adding "or the Oil and Gas Activities Act, as applicable" after "Forest and Range Practices Act", and

(b) by repealing paragraph (d) (ii) and substituting the following:

(ii) are consistent with this Act and the Wildfire Act and with the applicable of the Forest and Range Practices Act and the Oil and Gas Activities Act.

Forest and Range Practices Act

22 Section 203 (1) and (2) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by adding "of this Act and to section 99 (2) of the Oil and Gas Activities Act" after "Subject to section 204".

23 Section 204 is amended

(a) in subsections (1) and (2) by striking out "A holder" and substituting "Subject to section 99 (2) of the Oil and Gas Activities Act, a holder", and

(b) by repealing subsection (3).

Greenhouse Gas Reduction (Emissions Standards) Statutes
Amendment Act, 2008

24 Section 36 of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008, S.B.C. 2008, c. 20, is repealed.

Utilities Commission Act

25 The definition of "petroleum products" in section 1 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended by striking out "butane, propane" and substituting "liquid butane, liquid propane".

26 Section 2 is amended by adding the following subsection:

(4.1) Section 47 (2) of the Administrative Tribunals Act applies to the commission respecting an order for costs under sections 117 and 118 of this Act.

27 Section 46 is amended

(a) in subsection (3) by adding ", by order," after "the commission may", and

(b) in subsection (7) by adding ", by order," after "The commission may".

28 Section 56 (4) is amended by striking out "fixed" and substituting "set".

29 Section 57 (1) is amended by striking out "fix" and substituting "set".

30 Section 60 (1) (c) (iii) is amended by striking out "fixed" and substituting "set".

31 Section 61 (5) is amended by striking out "fixing" and substituting "setting".

32 Section 71.1 is amended

(a) by adding the following subsection:

(5.1) If the commission, under subsection (5) (a), declares an energy supply contract to be unenforceable, either wholly or in part, the commission may also order the person to pay to the low-volume consumer some or all of the money paid under the contract by the low-volume consumer. , and

(b) in subsection (9) by striking out "Section 43 applies" and substituting "Sections 42 and 43 apply".

33 Section 74 is amended

(a) by striking out "the commission may" and substituting "a person authorized in writing by the commission may",

(b) by adding the following paragraph:

(a.1) inspect and make copies of records. , and

(c) by repealing paragraph (b).

34 Section 78 (3) is amended by striking out "conferred on the commission by" and substituting "referred to in".

35 Section 99 is repealed and the following substituted:

Reconsideration

99  The commission, on application or on its own motion, may reconsider a decision, an order, a rule or a regulation of the commission and may confirm, vary or rescind the decision, order, rule or regulation.

36 Section 101 is amended

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

(1) An appeal lies from

(a) a decision of the commission under section 109.1 or 109.2 to the Supreme Court, and

(b) any other decision or order of the commission to the Court of Appeal, with leave of a justice of that court. ,

(b) in subsection (2) by adding "under subsection (1) (b)" after "The party appealing",

(c) in subsection (3) by adding "under subsection (1) (b)" after "If leave is granted",

(d) in subsection (4) by striking out "by counsel on the appeal" and substituting "on an appeal under subsection (1) (b)",

(e) by adding the following subsection:

(4.1) The commission has full party status on an appeal under subsection (1) (a). , and

(f) by repealing subsection (5).

37 Section 102 is amended

(a) in subsection (2) by adding "under section 101 (1) (b)" after "appeal is taken", and

(b) by adding the following subsection:

(3) An appeal to the Supreme Court under section 101 (1) (a) operates as a stay of the decision under section 109.2 to impose an administrative penalty, unless the court orders otherwise.

38 Section 103 is amended

(a) by repealing subsection (1), and

(b) in subsection (2) by striking out "referred to in subsection (1)" and substituting "referred to in section 101".

39 Section 104 (3) is repealed.

40 Section 106 is amended

(a) in subsection (4) by striking out "$10 000." and substituting "$1 000 000.",

(b) in subsection (6) by striking out "Nothing in or done" and substituting "Subject to section 109.2 (4), nothing in or done", and

(c) by adding the following subsection:

(7) If the commission imposes on a person an administrative penalty under section 109.2, a prosecution for an offence under this Act for the same contravention may not be brought against the person.

41 Section 107 is repealed and the following substituted:

Restraining orders

107  If a person contravenes a term, condition or requirement of

(a) a regulation under section 22,

(b) a certificate of public convenience and necessity issued under section 46,

(c) an approval under section 50 or 54 (5), (7) or (8),

(d) an order under section 53 or 54 (10), or

(e) a reliability standard adopted under section 125.2,

the contravention may be restrained in a proceeding brought by the minister in the Supreme Court.

42 Section 108 is repealed.

43 Section 109 is repealed and the following substituted:

Remedies not mutually exclusive

109  Subject to sections 106 (7) and 109.2 (4), if a person contravenes anything referred to in section 107, the remedies and penalties for the contravention are not mutually exclusive, and any or all of them may be applied in any one case.

44 The following Part is added:

Part 8.1 — Administrative Penalties

Contraventions

109.1  (1) After giving a person an opportunity to be heard, the commission, for the purposes of section 109.2, may find that the person has contravened a provision of

(a) this Act or the regulations, or

(b) an order, standard or rule of the commission or a reliability standard adopted by the commission.

(2) If a corporation contravenes a provision referred to in subsection (1), a director, officer or agent of the corporation who authorized, permitted or acquiesced in the contravention also contravenes the provision.

(3) Without limiting section 112, if an employee, contractor or agent of a corporation contravenes a provision referred to in subsection (1) of this section in the course of carrying out the employment, contract or agency, the corporation also contravenes the provision.

(4) The commission may not find that a person has contravened a provision referred to in subsection (1) if the person demonstrates to the satisfaction of the commission that

(a) the person exercised due diligence to prevent the contravention, or

(b) the person's actions or omissions relevant to the provision were the result of an officially induced error.

(5) Nothing in subsection (4) prevents the commission from doing anything else that the commission is authorized to do under this Act with respect to an act or omission by the person.

(6) If a person referred to in subsection (2) or (3) has not contravened a provision referred to in subsection (1) as a result of demonstrating to the satisfaction of the commission anything referred to in subsection (4), the commission may find, subject to subsection (4), that any of the other persons referred to in subsection (2) or (3) have contravened the provision.

(7) A person does not contravene a provision referred to in subsection (1) by doing or omitting to do something if that act or omission is reasonably necessary to conform to the requirements of the Workers Compensation Act or any regulations under that Act.

Administrative penalties

109.2  (1) If the commission finds that a person has contravened a provision referred to in section 109.1 (1), the commission may impose an administrative penalty on the person in an amount that does not exceed the prescribed limit.

(2) If a contravention of a prescribed provision occurs over more than one day or continues for more than one day, separate administrative penalties, each not exceeding the prescribed limit for the purposes of subsection (1), may be imposed for each day the contravention continues.

(3) Before the commission imposes an administrative penalty on a person, the commission, in addition to considering anything else the commission considers relevant, must consider the following:

(a) previous contraventions by, administrative penalties imposed on and orders issued to the following:

(i) the person;

(ii) if the person is an individual, a corporation for which the individual is or was a director, officer or agent;

(iii) if the person is a corporation, an individual who is or was a director, officer or agent of the corporation;

(b) the gravity and magnitude of the contravention;

(c) the extent of the harm to others resulting from the contravention;

(d) whether the contravention was repeated or continuous;

(e) whether the contravention was deliberate;

(f) any economic benefit derived by the person from the contravention;

(g) the person's efforts to prevent and correct the contravention;

(h) the cost of compliance with the provision contravened;

(i) whether the person self-reported the contravention;

(j) the degree and quality of cooperation during the commission's investigation;

(k) any undue hardship that might arise from the amount of the penalty;

(l) any other matters prescribed by the Lieutenant Governor in Council.

(4) If a person is charged with an offence under this Act, an administrative penalty may not be imposed on the person in respect of the same circumstances that gave rise to the charge.

Notice of contravention or penalty

109.3  (1) If the commission finds under section 109.1 that a person has contravened a provision referred to in that section or imposes under section 109.2 an administrative penalty on a person, the commission must give to the person a notice of the decision, and the notice must include reasons for the decision and specify the following:

(a) the contravention;

(b) the amount of the penalty, if any;

(c) the date by which the penalty, if any, must be paid;

(d) the person's right, with respect to the decision, to apply for a reconsideration under section 99 or to appeal it under section 101;

(e) an address to which a request for a reconsideration under section 99 may be sent.

(2) If the commission imposes an administrative penalty on a person, the commission may make public the reasons for and the amount of the penalty.

Due date of penalty

109.4  A person on whom an administrative penalty is imposed under section 109.2 must pay the penalty

(a) within 30 days after the date on which the notice referred to in section 109.3 (1) is given to the person, or

(b) by a later date ordered by the commission.

Recovery of penalty from ratepayers prohibited

109.5  In setting rates for a public utility, the commission must not allow the public utility to recover from persons who receive or may receive service from the public utility the costs of paying an administrative penalty imposed under this Part.

Enforcement of administrative penalty

109.6  (1) An administrative penalty constitutes a debt payable to the government by the person on whom the penalty is imposed.

(2) If a person fails to pay an administrative penalty as required under section 109.4, the government may file with the Supreme Court or Provincial Court a certified copy of the notice imposing the penalty and, on being filed, the notice has the same force and effect, and all proceedings may be taken on the notice, as if the notice were a judgment of that court.

Revenue from administrative penalties

109.7  The commission must pay into the consolidated revenue fund all amounts derived from administrative penalties.

Limitation period

109.8  (1) The time limit for giving a notice under section 109.3 imposing an administrative penalty is 2 years after the date on which the act or omission alleged to constitute the contravention first came to the attention of the chair of the commission.

(2) A certificate purporting to have been issued by the chair of the commission and certifying the date referred to in subsection (1) is proof of that date.

45 Section 110 (b) is amended by striking out "fixed" and substituting "set".

46 Section 125 is amended by adding the following subsection:

(2.1) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the imposition of administrative penalties, including, without limitation, prescribing

(a) provisions for the purposes of section 109.2 (2),

(b) matters to be considered under section 109.2 (3) before imposing an administrative penalty,

(c) the criteria for determining appropriate administrative penalties, and

(d) different limits on different administrative penalties, including different limits for contraventions by different classes of persons.

47 Section 125.2 is amended by adding the following subsection:

(10.1) Without limiting subsection (10), section 43 (1) (a) and (b) (i) applies to a person to whom a reliability standard adopted under subsection (6) of this section applies, as though the person were a public utility.

Commencement

48  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: