The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 1st day of May, 2014
Craig James, Clerk of the House
HONOURABLE TODD STONE
MINISTER OF TRANSPORTATION AND INFRASTRUCTURE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended
(a) in paragraph (a) of the definition of "articles" by striking out "section 176 (3) (a) or the orders made under section 181 (1) (a)," and substituting "section 176 (3) (a) or the amendments made under section 185 (2.3),",
(b) by repealing the definitions of "base plan" and "base plan preparation year" and substituting the following:
"investment plan" means the plan referred to in section 194 (1.1);
"investment plan preparation year" means the fiscal year in which the investment plan is prepared; ,
(c) by repealing the definitions of "commissioner", "commissioner's website" and "deputy commissioner" and substituting the following:
"commissioner" means the Regional Transportation Commissioner appointed under section 215 (1) or 216 (4) or (5) of the Act before the repeal of those sections;
"deputy commissioner" means the deputy commissioner appointed under section 215 (1) of the Act before the repeal of that section; ,
(d) by repealing the definition of "inspector",
(e) in the definition of "strategic plan" by striking out "section 206;" and substituting "section 206.1;", and
(f) by repealing the definition of "supplement" and substituting the following:
"supplement" means a supplemental plan within the meaning of section 200 of the Act before the repeal of that section; .
2 Section 7 (3) (c) is amended by striking out "the commissioner and".
3 Section 10 (c) is repealed and the following substituted:
(c) subject to section 190.1, determine the compensation of those persons in accordance with any guidelines established by the board.
4 Section 13.2 is amended by adding the following subsection:
(1.1) The authority must publish on the authority's website, as directed by the mayors' council on regional transportation, any information required to be published under the Act by the mayors' council on regional transportation.
5 Section 13.5 is repealed.
6 Section 15 (3.1) is amended
(a) by striking out "a base plan or any supplement" and substituting "an investment plan", and
(b) by striking out "section 202," and substituting "202.1,".
7 Sections 27.1 (2) and 27.11 (2) are amended by striking out "The authority may," and substituting "Before the repeal of sections 203 and 204, the authority may," and by adding "of this section" before ", set".
8 Section 31 is amended
(a) in subsection (1) (b) by striking out "directors, and" and substituting "directors,",
(b) in subsection (1) (c) (i) by striking out "section 202 (2)," and substituting "section 202 (2) before its repeal,",
(c) in subsection (1) (c) (ii) by striking out "section 204 (b)." and substituting "section 204 (b) before its repeal, and",
(d) in subsection (1) by adding the following paragraph:
(d) an amount proposed in an investment plan, if the investment plan was
(i) provided to the mayors' council on regional transportation under section 202.1, and
(ii) approved by the mayors' council on regional transportation under section 204.1. , and
(e) in subsection (1.1) by striking out "a supplement" and substituting "an investment plan".
9 Section 45.1 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A person who obstructs or interferes with a performance auditor within the meaning of section 227.1, in the exercise of rights conferred or duties imposed under this Act, commits an offence. ,
(b) by repealing subsections (2) and (3), and
(c) in subsection (5) by striking out "or prejudices enforcement of an order of the commissioner".
10 Section 170 is amended
(a) in the definition of "appointed director" by adding "or a minister-appointed director" after "statutory director", and
(b) by adding the following definition:
"minister-appointed director" means an individual appointed or reappointed as a director of the authority under section 171 (1.1); .
11 Section 171 is amended
(a) in subsection (1) (c) 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) no more than 2 minister-appointed directors appointed under subsection (1.1). , and
(b) by adding the following subsection:
(1.1) The minister may appoint directors for the purposes of subsection (1) (c) (iii) and may reappoint a minister-appointed director provided that the minister-appointed director does not hold office for more than 6 consecutive years.
12 Section 171 (1) (c) (i) is amended by striking out "9 qualified individuals" and substituting "7 qualified individuals".
13 Section 179 is amended
(a) in subsection (2) by striking out "The mayors' council on regional transportation" and substituting "Subject to subsection (2.1), the mayors' council on regional transportation", and
(b) by adding the following subsection:
(2.1) The mayors' council on regional transportation must not make an appointment under subsection (2) if the appointment would result in there being more appointed directors than is permitted under section 171 (1) (c) (i).
14 Section 180 (2) is repealed and the following substituted:
(2) When varying a recommendation under section 181 (1) (a), a screening panel must take into consideration the remuneration that is appropriate given all of the following:
(a) the services provided by the directors to the authority and the time and attention the directors are required to devote for that purpose;
(b) the remuneration provided to individuals who, in organizations in Canada that are of a similar size and scope to the authority, provide services or hold positions similar to the directors of the authority.
15 Section 181 is amended
(a) in subsection (1) by striking out "Promptly after" and substituting "Subject to subsection (1.1), promptly after",
(b) in subsection (1) (a) by striking out "may, by order, vary a recommendation or order" and substituting "may vary a recommendation",
(c) in subsection (1) (b) by adding "and to the mayors' council on regional transportation the screening panel's records on recommended director remuneration" after "records",
(d) by adding the following subsection:
(1.1) A screening panel may not make a variation under subsection (1) (a) to provide for remuneration that is greater than the remuneration that public sector employers in British Columbia provide to individuals who provide services or hold positions similar to directors of the authority. , and
(e) in subsection (2) by striking out "minister" and substituting "mayors' council on regional transportation".
16 Section 182 is amended by striking out "orders under section 181 (1) (a)" and substituting "variations under section 181 (1) (a)".
17 Section 185 (2) is repealed and the following substituted:
(2) The board must not amend the articles to revise the details included in the articles under subsection (1) (b) of this section respecting remuneration, unless
(a) a screening panel makes a variation under section 181 (1) (a), and
(b) the mayors' council on regional transportation, within 30 days of the date the variation referred to in paragraph (a) is made, approves the variation.
(2.1) The mayors' council on regional transportation may, by resolution, approve or reject a variation for the purposes of subsection (2).
(2.2) For the purposes of a resolution under subsection (2.1), each member of the mayors' council on regional transportation has one vote, except that the chair and vice chair may not vote.
(2.3) The board must amend the articles to reflect the details set out in a variation made under section 181 (1) (a) if the mayors' council on regional transportation has approved the variation.
18 Section 190 (2) is amended by striking out "section 11" and substituting "sections 11 and 190.1".
19 The following section is added:
190.1 (1) In this section:
"compensation" includes any salary, bonus, allowance and benefit provided by the authority for the services of the executive;
"executive" means
(a) an individual who is the chief executive officer or a vice president of the authority or a subsidiary of the authority or who is acting in a similar capacity or performing similar functions in respect of the authority or a subsidiary of the authority, and
(b) any other person who is performing a role identified by the authority as an executive role.
(2) Subject to subsection (3), the directors
(a) must, within 4 months after the date this section comes into force, prepare and submit to the mayors' council on regional transportation an executive compensation plan, and
(b) may, after that, prepare and submit to the mayors' council on regional transportation a proposed amendment to an executive compensation plan.
(3) An executive compensation plan for the authority must
(a) establish the methodology by which compensation for an executive is to be determined, which methodology must result in compensation for the executive that
(i) is, subject to subparagraph (ii), not more than the compensation provided to individuals who, in organizations in Canada that are of a similar size and scope to the authority, provide services or hold positions similar to that executive, and
(ii) is not greater than the compensation that public sector employers in British Columbia provide to individuals who, in those organizations, provide services or hold positions similar to that executive,
(b) identify the organizations that are being used as the comparisons for the purposes of paragraph (a), and
(c) set out the compensation or range of compensation for the executive and the terms on which the compensation is to be provided.
(4) The mayors' council on regional transportation may, by resolution, approve or reject an executive compensation plan or an amendment to an executive compensation plan.
(5) For the purposes of a resolution under subsection (4), each member of the mayors' council on regional transportation has one vote.
(6) The authority must not increase compensation for an executive or an executive position other than in accordance with
(a) an agreement or compensation plan in effect for the executive or the executive position on the date the South Coast British Columbia Transportation Authority Amendment Act, 2014, receives First Reading in the Legislative Assembly, or
(b) the most recent executive compensation plan approved by the mayors' council on regional transportation.
20 Section 191 is amended by adding the following subsection:
(1.2) Nothing in subsection (1) prevents a minister-appointed director of the authority from providing to other directors the views of government.
21 Section 192 is amended
(a) by repealing the definition of "applicable year" and substituting the following:
"applicable year", in relation to an investment plan, means one of the 10 fiscal years to which the investment plan applies; ,
(b) by repealing the definition of "established borrowing limits" and substituting the following:
"established borrowing limits", in relation to an investment plan, means, for each applicable year, the borrowing limits authorized for that year by the strategic plan; ,
(c) in the definition of "established funding resources" by striking out "a base plan" and substituting "an investment plan" and by striking out "the base plan" wherever it appears and substituting "the investment plan", and
(d) by repealing the definition of "outlook".
22 Section 193 is amended
(a) by repealing subsection (2),
(b) in subsection (3) by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:
(d) provincial transportation and economic objectives. ,
(c) in subsection (5) by adding the following paragraph:
(d.1) the mayors' council on regional transportation, , and
(d) in subsection (6) by adding "and, if approval under section 202.1 is required, after securing that approval," after "under this section,".
23 Section 194 is amended
(a) by repealing subsection (1) and substituting the following:
(1.1) The authority, after undertaking the consultations referred to in section 15 (3.1), must prepare investment plans that meet the requirements of this section. ,
(b) in subsection (2) by striking out "base plan" and substituting "investment plan",
(c) in subsection (2) (e) by adding "or within such other limits proposed in the investment plan" after "borrowing limits",
(d) in subsection (3) by striking out "a base plan" and substituting "an investment plan",
(e) in subsection (3) (b) by adding "key initiatives and" after "identify the",
(f) in subsection (3) (c) (ii) by striking out "the major capital projects" and substituting "the key initiatives and major capital projects",
(g) in subsection (3) (e) by adding "or within such other limits proposed in the investment plan" after "borrowing limits", and
(h) in subsection (4) by striking out "The base plan" and substituting "The investment plan".
24 Sections 195 to 197 are repealed and the following substituted:
195 (1) Each investment plan must, for each applicable year,
(a) set out the tax rate for each transaction tax that the authority proposes to assess in the applicable year, and
(b) reflect, as the total revenue that may be raised by the authority in that applicable year from each of those transaction taxes, the total revenue that the authority anticipates will be raised in that applicable year by applying the tax rate set out for that transaction tax for that applicable year under paragraph (a).
(2) Subject to section 16 (3), the authority must not, for any applicable year, assess a transaction tax at a tax rate greater than the tax rate for that transaction tax for that applicable year set out in the strategic plan.
196 (1) Subject to subsection (2), each investment plan must,
(a) for the first applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, the total property tax revenue contemplated for that applicable year by the strategic plan that is in effect in the investment plan preparation year, and
(b) for each subsequent applicable year, reflect, as the total revenue that may be raised by the authority from property taxes in that applicable year, an amount that is not greater than the sum of
(i) 103% of the total revenue contemplated to be raised from standard property taxes in the preceding applicable year, and
(ii) $18 million.
(2) If it is proposed to increase the amount of standard property tax revenue that the authority may realize in any applicable year to an amount that is greater than the amount determined in accordance with subsection (1), the investment plan must set out the additional amount of standard property tax revenue that is proposed for that applicable year.
(3) Subject to section 16 (3), the authority must not, for any applicable year, assess property taxes in such a way that the total amount of revenue raised by the authority from property taxes in that year is greater than the total revenue amount reflected for that year in the strategic plan.
197 (1) Each investment plan must, for each applicable year,
(a) set out, as the short term fare to be assessed for each revenue transit service in that applicable year, a short term fare that is not greater than
(i) the targeted fare applicable to that revenue transit service in that applicable year, or
(ii) any greater short term fare authorized under section 29.01 or approved under section 223 for that revenue transit service, and
(b) reflect, as the total revenue that may be raised by the authority in that applicable year from each revenue transit service, the total revenue that the authority anticipates it will raise in that applicable year by applying the short term fare set out for the revenue transit service for that applicable year under paragraph (a) of this subsection.
(2) Subject to section 223 (11), the authority must not, for any applicable year, assess a short term fare for a revenue transit service in an amount that is greater than the short term fare set out for that revenue transit service for that year in the strategic plan, or assess a first-time short term fare for a revenue transit service, unless that short term fare is approved by the mayors' council on regional transportation under section 223.
25 Section 198 is amended
(a) by striking out "The base plan" and substituting "The investment plan", and
(b) by striking out "the base plan preparation year," and substituting "the investment plan preparation year,".
26 Section 199 is amended
(a) by striking out "The base plan" and substituting "The investment plan", and
(b) by striking out "base plan preparation year," wherever it appears and substituting "investment plan preparation year,".
27 Sections 200 and 200.1 are repealed.
28 Section 201 is amended
(a) in subsection (1) by striking out "base plan and any supplement" and substituting "investment plan",
(b) in subsection (1) (b) by striking out "and" at the end of subparagraph (iii), by adding ", and" at the end of subparagraph (iv) and by adding the following subparagraph:
(v) provincial transportation and economic objectives. , and
(c) by repealing subsection (2) and substituting the following:
(2) In preparing an investment plan, the authority must be guided by its most recently approved long term strategy.
29 Section 202 is repealed and the following substituted:
202.1 (1) The authority must provide to the mayors' council on regional transportation, for approval,
(a) on or before August 1 of every 5th year after 2013, a long term strategy prepared in accordance with section 193,
(b) within the prescribed period, a first investment plan prepared in accordance with section 194, and
(c) within 3 years after the date the previous investment plan was submitted, a subsequent investment plan.
(2) An investment plan provided under subsection (1) (b) or (c) must be accompanied by all bylaws and resolutions proposed or passed by the directors of the authority in relation to revenue measures and borrowing limits respecting the first 3 years of the investment plan.
30 Sections 203 to 206 are repealed and the following substituted:
204.1 (1) The mayors' council on regional transportation
(a) must review and consider the material provided to it under section 202.1,
(b) may, by resolution, approve or reject any
(i) long term strategy, or
(ii) investment plan, and
(c) must provide to the authority, within 90 days after the date on which the mayors' council on regional transportation receives that material, a copy of any resolution passed under paragraph (b) of this subsection.
(2) Until the authority secures the approval of the mayors' council on regional transportation to a long term strategy provided to it under section 202.1 (1) (a), the long term strategy most recently deposited and published in accordance with section 193 (6) continues to apply to the authority.
(3) If the mayors' council on regional transportation does not make a resolution under subsection (1) within 90 days after the date on which the mayors' council on regional transportation received a long term strategy or investment plan under section 202.1, the mayors' council on regional transportation is deemed to have rejected the long term strategy or investment plan.
206.1 (1) Subject to subsection (2), the strategic plan of the authority is the investment plan most recently approved under section 204.1.
(2) Until a first investment plan is approved under section 204.1, the strategic plan of the authority is
(a) the strategic plan in effect immediately before the repeal of section 206, and,
(b) subject to subsection (3), if a first investment plan is not approved before December 31, 2015, the portion of the strategic plan referred to in paragraph (a) respecting 2016.
(3) If a first investment plan is not approved before December 31, 2015, for each fiscal year after 2016 until a first investment plan is approved,
(a) the total revenue amount for property taxes in the strategic plan is the sum of 103% of the total revenue contemplated to be raised from standard property taxes in the preceding year and $18 million, and
(b) the short term fare assessed for each revenue transit service in the strategic plan is the targeted fare applicable to that revenue transit service in that year or any greater short term fare authorized under section 29.01 or approved under section 223 for that revenue transit service in that year.
31 Section 211 (2) is amended by striking out "217 (2)" and substituting "185 (2.2), 190.1 (5)".
32 Section 213 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to this Part, the authority is responsible for paying all reasonable expenses associated with the operation of the mayors' council on regional transportation. ,
(b) in subsection (2) (a) by striking out "for its meetings",
(c) by repealing subsection (2) (a) (ii) and substituting the following:
(ii) staff, consultants and contractors as may be necessary, ,
(d) in subsection (2) (a) (iii) by striking out "conduct of the meetings," and substituting "operation of the mayors' council on regional transportation,",
(e) in subsection (3) by striking out "for reimbursements under subsection (2) (b) in any fiscal year of the authority is 0.02%" and substituting "under this section in any fiscal year of the authority is 0.07%",
(f) in subsection (4) (b) by striking out ", to a maximum of 10 days in each fiscal year,", and
(g) by adding the following subsection:
(6) The authority must allow the mayors' council on regional transportation to retain at the offices of the authority the records that the mayors' council on regional transportation is required to retain under section 232 (2).
33 Part 11 is amended
(a) by repealing the heading to the Part,
(b) by repealing Divisions 1 and 3, and
(c) by repealing the headings to Divisions 2, 4 and 5.
34 Section 222 is repealed.
35 Section 223 is amended
(a) by striking out "commissioner" wherever it appears and substituting "mayors' council on regional transportation",
(b) by repealing subsection (2),
(c) in subsection (3) (a) by striking out "and pending strategic plan,",
(d) in subsection (3) (f) by adding "or information" after "record",
(e) in subsection (4) (a) (i) by striking out "the commissioner's" and substituting "the authority's",
(f) in subsection (5) by striking out "his or her" in both places and substituting "its",
(g) in subsection (6) (b) by striking out "order" and substituting "direct",
(h) in subsection (7) (b) (i) by striking out "current",
(i) in subsection (7) (b) (ii) by striking out "pending strategic plan," and substituting "long term strategy,",
(j) in subsection (10) (a) by striking out "the commissioner's decision and the reason for it," and substituting "its decision and the reason for that decision,",
(k) in subsection (10) (b) by striking out "and the mayors' council on regional transportation", and
(l) in subsection (10) (c) by striking out "the commissioner's" and substituting "the authority's".
36 Section 224 is amended
(a) in subsection (3) by striking out "commissioner." and substituting "mayors' council on regional transportation.", and
(b) in subsection (4) by adding "or the mayors' council on regional transportation, as the case may be," after "the commissioner".
37 Section 225 is amended
(a) in subsection (3) by striking out "commissioner." and substituting "mayors' council on regional transportation.", and
(b) in subsection (4) by adding "or the mayors' council on regional transportation, as the case may be," after "the commissioner".
38 Section 226 is amended
(a) in subsections (1), (2), (4) and (5) by striking out "commissioner" wherever it appears and substituting "mayors' council on regional transportation",
(b) in subsections (1) (a), (3) and (4) (b) (ii) by striking out "he or she" wherever it appears and substituting "the mayors' council on regional transportation",
(c) in subsection (1) (b) by striking out "commissioner's" and substituting "mayors' council on regional transportation's",
(d) in subsection (2) (c) (i) by striking out "current",
(e) in subsection (2) (c) (ii) by striking out "pending strategic plan," and substituting "long term strategy,",
(f) in subsection (3) by striking out "The commissioner may," and substituting "The chair of the mayors' council on regional transportation may," and by striking out "the commissioner" and substituting "the mayors' council on regional transportation",
(g) in subsection (4) (a) and (b) (i) and (ii) by striking out "his or her sole discretion," and substituting "the sole discretion of the mayors' council on regional transportation,", and
(h) in subsection (4) (b) (i) by striking out "order" and substituting "direct".
39 Section 227 is repealed.
40 Section 227.1 (3) is repealed and the following substituted:
(3) The minister may, and if requested to do so under subsection (2), must, appoint a person to conduct a performance audit.
(3.1) A performance auditor
(a) may require any person who has possession or control of any of the records or things of the authority or of a subsidiary to produce any of those records and things that may be relevant to the performance audit,
(b) may inspect and remove for the purpose of making copies or extracts any of the records or things produced under paragraph (a) that are relevant to the performance audit,
(c) may attend at the business premises of the authority or of a subsidiary during business hours for the purpose of requesting the production of, or inspecting, any records or things relevant to the performance audit,
(d) must carry identification in the form approved by the minister, and
(e) must present the identification to the owner or occupant of the premises.
(3.2) On the request of a performance auditor, the authority or a subsidiary must make available for inspection all records, including, without limitation, all financial records, related to the provision of transportation services in the transportation service region.
(3.3) If a performance auditor removes any records or things under subsection (3.1) (b), the performance auditor must give a receipt for the records or things to the person from whom they are taken.
(3.4) A person must not obstruct a performance auditor or withhold, destroy, conceal or refuse to produce any information, record or thing that is requested by the performance auditor or is otherwise relevant to any of the matters in respect of which the performance audit may be conducted.
(3.5) A performance auditor who removes any records or things may make copies of, take extracts from or otherwise record the records or things, and must return the records or things within a reasonable time to the person from whom they were taken.
(3.6) Copies of or extracts from records or things removed under this section that are certified by the performance auditor as being true copies of or extracts from the originals are admissible in evidence to the same extent, and have the same evidentiary value, as the original records or things.
(3.7) A performance auditor must not disclose or be compelled to disclose any information or record obtained in the course of the exercise of a power or the performance of a duty under this section, unless the disclosure is consistent with the Freedom of Information and Protection of Privacy Act.
41 Section 232 is amended
(a) in subsections (1) and (2) by striking out "commissioner" wherever it appears and substituting "mayors' council on regional transportation",
(b) in subsection (1) (a) by striking out "the commissioner's" and substituting "the authority's",
(c) in subsection (2) by striking out "the commissioner's office" and substituting "the authority's office" and by striking out "his or her" and substituting "its",
(d) in subsection (2) (b) by striking out ", order",
(e) in subsection (2) (d) by striking out "or in making any order", and
(f) in subsection (3) by striking out "retained by the commissioner" and substituting "retained by the mayors' council on regional transportation" and by striking out "the commissioner believes" and substituting "the chief executive officer of the authority believes".
42 Section 233 is repealed.
43 Section 234 is repealed and the following substituted:
234 Despite any obligation imposed on the mayors' council on regional transportation under this Act to obtain, retain or make available information or records, a member of the mayors' council on regional transportation must not disclose or be compelled to disclose any information or record that is obtained in, or that comes to the member's knowledge during, the course of the administration of this Act, unless and only to the extent that such disclosure is consistent with the Freedom of Information and Protection of Privacy Act.
44 Sections 235 to 241 are repealed.
45 Section 242 is repealed.
46 The following section is added:
264 (1) This Act, except sections 29 (3), 38, 43, 47 to 50, 92, 120 and 121, comes into force by regulation of the Lieutenant Governor in Council.
(2) Section 29 (3) comes into force on October 1, 2001.
(3) Sections 38, 43, 47 to 50, 92, 120 and 121 come into force on March 31, 1999 or on an earlier date set by regulation of the Lieutenant Governor in Council.
47 (1) In this section:
"Act" means the South Coast British Columbia Transportation Authority Act as it reads on the date this section comes into force;
"asset" includes money, rights and property;
"former Act" means the South Coast British Columbia Transportation Authority Act as it read on the day immediately before the date this section comes into force;
"liability" includes obligations.
(2) Definitions in the Act apply in this section.
(3) The appointments of the commissioner and the deputy commissioners are terminated.
(4) On the date this section comes into force, all assets of the commissioner that relate to his or her powers, duties or functions under the former Act are transferred to and become the assets of the authority, and all liabilities of the commissioner that relate to his or her powers, duties or functions under the former Act are transferred to and assumed by the authority.
(5) The commissioner must, promptly after the coming into force of this section, do any and all such acts, including, without limitation, execute any and all such documents, as may be necessary to immediately provide to the authority full access to and control of the assets transferred to the authority under subsection (4).
(6) A reference to the commissioner in a record, including, without limitation, a security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate, is deemed to be a reference to the authority.
(7) Despite any provision to the contrary in a record, including, without limitation, a security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate, the transfer to the authority of an asset or liability under subsection (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 asset or liability to claim any damages, compensation or other remedy.
(8) Despite the rescission of the appointment of the commissioner and the deputy commissioners, the indemnity and insurance, if any of either, provided to or for the commissioner or any deputy commissioner, and the person's heirs and personal representatives, under section 221 of the former Act remain in full force and effect in relation to any acts and omissions of the commissioner or deputy commissioner, as the case may be, before the rescission of appointment occurred.
(9) All orders, decisions and determinations of the commissioner, including any orders, decisions and determinations made by a deputy commissioner in accordance with section 215 (2) of the former Act, remain in full force and effect despite the termination of the appointments under subsection (3) of this section until those orders, decisions and determinations are amended or revoked under the Act.
(10) Despite section 179 (2.1) of the Act, the mayors' council on regional transportation must not in 2014 make an appointment under section 179 (2) of the Act if the appointment would result in there being more than 7 appointed directors on the date the appointment would commence.
(11) The authority must publish on the authority's website the records the commissioner was required to publish under the former Act for the period referred to in section 219 (2) of the former Act.
(12) The authority must retain the records that the commissioner was required to retain under section 232 of the former Act for the period referred to in that section.
(13) If section 233 of the former Act is repealed before the commissioner provides to the mayors' council on regional transportation the report referred to in that section for the fiscal year 2013, the authority must, as soon as practicable after the repeal of that section, forward to the mayors' council on regional transportation all of the materials of the commissioner relating to the report.
Freedom of Information and Protection of Privacy Act
48 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: | Office of the Regional Transportation Commissioner appointed under the South Coast British Columbia Transportation Authority Act |
| Head: | Commissioner . |
49 This Act comes into force by regulation of the Lieutenant Governor in Council.