The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 6th day of March, 2014
Craig James, Clerk of the House
HONOURABLE CORALEE OAKES
MINISTER OF COMMUNITY, SPORT
AND CULTURAL DEVELOPMENT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act:
"authority", except in section 7 (1) (b) (i) and (2) (b) (i), means the BC Transportation Financing Authority continued under section 25 of the Transportation Act;
"Belleville wharves" means the land identified by regulation under section 3 (1) as comprising the Belleville wharves;
"commission" means the Provincial Capital Commission continued under section 2 (1) of the Capital Commission Act as it read immediately before its repeal by this Act.
2 (1) The commission is dissolved.
(2) The appointment of each member of the commission is rescinded.
(3) All rights, property and assets of the commission are transferred to and vested in the government.
(4) All obligations and liabilities of the commission are transferred to and assumed by the government.
(5) Any person employed by the commission immediately before the coming into force of this section and who was hired under the Public Service Act is employed by the government and any service of that person with the commission is deemed to be service with the government.
(6) If, as part of an agreement between the commission and the council of a municipality under section 10 (4) and (5) of the Capital Commission Act as it read immediately before its repeal by this Act, the council has limited its power or the power of succeeding councils to legislate in respect of matters contained in the agreement, the municipality is bound by the undertaking until the earlier of the following:
(a) the date on which, under the terms of the agreement between the commission and the council, the undertaking expires;
(b) the date on which the minister waives the undertaking on behalf of the government.
3 (1) The Lieutenant Governor in Council may, by regulation, identify land owned or held by the commission immediately before the coming into force of section 2 as comprising the Belleville wharves.
(2) Despite section 2 (3), the Belleville wharves are transferred to and vested in the authority.
(3) Despite section 2 (3), all rights, property and assets of the commission that the minister considers relate primarily to the Belleville wharves or to operations on the Belleville wharves are transferred to and vested in the authority, with the exception of the following:
(a) land;
(b) rights, property and assets of the commission that the minister considers relate primarily to the employment of a person whose employment is transferred to the government under section 2 (5).
(4) Despite section 2 (4), all obligations and liabilities of the commission that the minister considers relate primarily to the Belleville wharves or to operations on the Belleville wharves are transferred to and assumed by the authority, with the exception of obligations and liabilities that the minister considers relate primarily to the employment of a person whose employment is transferred to the government under section 2 (5).
4 (1) The Lieutenant Governor in Council may, by regulation, transfer any rights, property, assets, obligations or liabilities that were transferred to
(a) the government under section 2 (3) or (4) to the authority, or
(b) the authority under section 3 (2), (3) or (4) to the government.
(2) Any rights, property or assets transferred under subsection (1)
(a) to the government are vested in the government, and
(b) to the authority are vested in the authority.
(3) Any obligations or liabilities transferred under subsection (1)
(a) to the government are assumed by the government, and
(b) to the authority are assumed by the authority.
5 (1) For certainty, assets, rights and property transferred to the government or to the authority under this Act include records and parts of records.
(2) Subject to subsection (3), a reference to the commission in any record that creates, evidences or otherwise relates to a right, property, asset, obligation or liability that is
(a) transferred from the commission to the government under this Act is deemed to be a reference to the government,
(b) transferred from the commission to the authority under this Act is deemed to be a reference to the authority,
(c) transferred from the government to the authority under this Act is deemed to be a reference to the authority, and
(d) transferred from the authority to the government under this Act is deemed to be a reference to the government.
(3) If, under this Act, a part of a right, property, asset, obligation or liability is transferred to the government or to the authority, any record that creates, evidences or otherwise relates to that right, property, asset, obligation or liability is deemed to be amended to reflect the interest of the government or authority, as applicable, in that right, property, asset, obligation or liability.
6 (1) Despite any other enactment, a transfer and vesting effected under section 2 (3), 3 (2) or (3) or 4 (1) and (2) takes effect
(a) without the execution or issue of any record,
(b) without any registration or filing of this Act or any other record in or with any registry or other office,
(c) despite any prohibition on all or any part of the transfer,
(d) whether or not a duplicate certificate of indefeasible title has been issued by the registrar under the Land Title Act, and
(e) despite the absence of any consent or approval that is or may be required for all or any part of the transfer.
(2) In any record in or by which the government or the authority deals with a right, property or asset transferred by this Act, it is sufficient to cite this Act as effecting and confirming the transfer from the commission to the government or to the authority, as applicable, of the title to the right, property or asset and the vesting of that title in the government or the authority.
7 (1) If a right, property or asset transferred to the government under section 2 (3) or 4 (1) (b) is registered or recorded in the name of the commission or the authority,
(a) the government may, in its own name,
(i) effect a transfer, charge, encumbrance or other dealing with the right, property or asset, and
(ii) execute any record required to give effect to that transfer, charge, encumbrance or other dealing, and
(b) an official
(i) who has authority over a registry or other office, including, without limitation, the personal property registry and a land title office, in which title to or interests in the right, property or asset is registered or recorded, and
(ii) to whom a record referred to in paragraph (a) (ii) executed by or on behalf of the government is submitted in support of the transfer, charge, encumbrance or other dealing
must give the record the same effect as if it had been duly executed by the commission.
(2) If a right, property or asset transferred to the authority under section 3 (2) or (3) or 4 (1) (a) is registered or recorded in the name of the commission or the government,
(a) the authority may, in its own name,
(i) effect a transfer, charge, encumbrance or other dealing with the right, property or asset, and
(ii) execute any record required to give effect to that transfer, charge, encumbrance or other dealing, and
(b) an official
(i) who has authority over a registry or other office, including, without limitation, the personal property registry and a land title office, in which title to or interests in the right, property or asset is registered or recorded, and
(ii) to whom a record referred to in paragraph (a) (ii) executed by or on behalf of the authority is submitted in support of the transfer, charge, encumbrance or other dealing
must give the record the same effect as if it had been duly executed by the commission.
8 (1) Despite any provision to the contrary in a record, the transfer to the government or to the authority of a right, property, asset, obligation or liability under section 2, 3 or 4 does not constitute a breach or contravention of, or an event of default under, the record and, without limiting this, does not entitle any person who has an interest in the right, property, asset, obligation or liability to claim any damages, compensation or other remedy.
(2) Section 2 (2) and (5) must not be construed as a breach of any contract, agreement or order relating to the appointment or employment of a person and no legal proceeding for damages lies or may be commenced or maintained as a result of a rescission of appointment or transfer of employment under this Act.
9 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) defining any word or expression used but not defined in this Act;
(b) prescribing additional functions or activities to be carried out or engaged in by the minister or the government;
(c) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.
(3) A regulation may not be made under this Act after December 31, 2015.
Financial Information Act
10 Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out "Provincial Capital Commission".
Freedom of Information and Protection of Privacy Act
11 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:
| Public Body: | Provincial Capital Commission |
| Head: | Chair . |
Ombudsperson Act
12 Section 8 of the Schedule to the Ombudsperson Act, R.S.B.C. 1996, c. 340, is repealed.
Property Transfer Tax Act
13 Section 14 (3) (u) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is repealed.
Public Agency Accommodation Act
14 Section 1 of the Public Agency Accommodation Act, S.B.C. 2006, c. 7, is amended in the definition of "administered land" by striking out "(b) or (c)" and substituting "(b), (c) or (d)".
15 Section 6 (1) is amended by adding the following paragraph:
(d) land transferred to and vested in the government under the Provincial Capital Commission Dissolution Act.
Transportation Act
16 Section 1 of the Transportation Act, S.B.C. 2004, c. 44, is amended in the definition of "provincial public undertaking" by adding the following paragraph:
(a.1) terminals, .
17 Section 26 is repealed and the following substituted:
26 The purpose of the authority is
(a) to, throughout British Columbia, acquire, construct, hold, improve or operate, or cause to be constructed, improved or operated,
(i) transportation infrastructure, other than infrastructure related to municipal highways, and
(ii) provincial public undertakings, and
(b) to do such other things as the Lieutenant Governor in Council may authorize.
18 Section 27 (3) (a) is repealed and the following substituted:
(a) acquire, construct, hold, improve or operate, or cause to be constructed, improved or operated,
(i) transportation infrastructure, or
(ii) provincial public undertakings; .
19 Section 64 (1) (b) is amended by striking out "a provincial public undertaking." and substituting "a provincial public undertaking, other than a terminal."
Repeal
20 The Capital Commission Act, R.S.B.C. 1996, c. 43, is repealed.
21 This Act comes into force by regulation of the Lieutenant Governor in Council.