Bill 41 – 2015: Miscellaneous Statutes Amendment Act (No. 3), 2015

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

SECTION 1: [College and Institute Act, section 1] adds definitions of "capital fee" and "program or service fee".

1 Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended by adding the following definitions:

"program or service fee" means a fee for a prescribed program or a prescribed service that is imposed and collected by the board on annual notice from a student society under section 21; .

SECTION 2: [College and Institute Act, section 1] amends the definition of "university", consequential to the repeal of the University of Northern British Columbia Act and the continuation of the University of Northern British Columbia under the University Act.

2 Section 1 is amended in the definition of "university" by repealing paragraph (e) and substituting the following:

(e) the University of Northern British Columbia continued under the University Act, .

SECTION 3: [College and Institute Act, section 19] enables a board to impose and collect fees and remit those fees to a student society.

(3.2) Without limiting subsection (1) (b), the board may, in accordance with section 21 (1.1),

(a) impose fees on and collect fees from students who are not members of a student society, and

SECTION 4: [College and Institute Act, section 21]

clarifies from whom student society fees are collected;
provides that, if student society fees include capital fees or program or service fees, an equivalent fee can be imposed on and collected from students who are not members of a student society;
provides that student society fees that include capital fees or program or service fees may be changed only with the approval of a majority of members of the student society and students who are not members of the student society who vote in a referendum;
requires the registrar to provide information to a student society for the purpose of the student society including in a referendum students who are not members of that student society and permits the student society to collect and use the information.

(a) in subsection (1) by adding "from members of the student society" after "collect student society fees",

(1.1) If student society fees to be collected under subsection (1) include a capital fee or a program or service fee, the board must

(a) impose on students who are not members of the student society a fee in an amount equal to an amount of the capital fee or the program or service fee that those students would have had to pay if they had been members of the student society, and

(b) direct the institution to collect the fee and remit that fee to the student society. ,

(c) in subsection (2) by striking out "If a student society" and substituting "Subject to subsection (2.1), if a student society",

(2.1) If a student society changes student society fees that include a capital fee or a program or service fee, the new amount of or rate of change in the capital fee or the program or service fee must be approved, before a notice is issued under subsection (1), by a majority of those who vote in a referendum in which the following may vote:

(b) the students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society.

(a) a student society must include in the referendum students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society, and

(b) the bylaws and policies of the student society in relation to a referendum apply to students described in paragraph (a).

(a) the registrar must provide the student society with information, including personal information, about the students who are not members of the student society to enable the student society to include those students in the referendum as required under this section, and

(b) the student society may collect the information, including the personal information, from the registrar and only use that information to include those students in the referendum as required under this section. , and

(e) in subsection (4) by adding ", or fees collected under subsection (1.1)," after "remit student society fees".

SECTION 5: [College and Institute Act, section 68] adds regulation-making powers in respect of the definitions of "capital fee" and "program or service fee".

Power to make regulations

68 (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

(a) for the purposes of the definition of "capital fee" in section 1, including, without limitation,

(i) prescribing types of fees, or what constitutes a fee, in relation to buildings and facilities, including fees for the operation and maintenance of buildings and facilities,

(ii) prescribing criteria for when a fee is included or excluded from a capital fee, and

(iii) prescribing circumstances in which a fee is included or excluded from a capital fee,

(b) for the purposes of the definition of "program or service fee" in section 1, prescribing a program or a service that a student society provides or intends to provide, and

(3) In making a regulation under subsection (2) (a) or (b), the Lieutenant Governor in Council may

(a) establish different classes of institutions, circumstances, things or other matters, and

SECTION 6: [University Act, section 1] adds definitions of "capital fee" and "program or service fee".

6 Section 1 of the University Act, R.S.B.C. 1996, c. 468, is amended by adding the following definitions:

"program or service fee" means a fee for a prescribed program or a prescribed service that is imposed and collected by the board on annual notice from the student society under section 27.1; .

SECTION 7: [University Act, section 27] enables the board to impose and collect fees and remit those fees to the student society.

(i) to impose fees on and collect fees from students who are not members of a student society, and

SECTION 8: [University Act, section 27.1]

clarifies from whom student society fees are collected;
provides that, if student society fees include capital fees or program or service fees, an equivalent fee can be imposed on and collected from students who are not members of the student society;
provides that student society fees that include capital fees or program or service fees may be changed only with the approval of a majority of members of the student society and students who are not members of the student society who vote in a referendum;
requires the registrar to provide information to a student society for the purpose of the student society including in a referendum students who are not members of the student society and permits the student society to collect and use the information.

(a) in subsection (1) by adding "from members of the student society" after "collect student society fees",

(1.1) If student society fees to be collected under subsection (1) include a capital fee or a program or service fee, the board must

(a) impose on and collect from students who are not members of the student society a fee in an amount equal to an amount of the capital fee or the program or service fee that those students would have had to pay if they had been members of the student society, and

(c) in subsection (2) by striking out "If a student society" and substituting "Subject to subsection (2.1), if a student society",

(b) the students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society.

(b) the bylaws and policies of the student society in relation to a referendum apply to students described in paragraph (a).

(e) in subsection (4) by adding ", or fees collected under subsection (1.1)," after "remit student society fees".

SECTION 9: [University Act, section 71] adds regulation-making powers in respect of the definitions of "capital fee" and "program or service fee".

(a.1) for the purposes of the definition of "capital fee" in section 1, including, without limitation,

(i) prescribing types of fees, or what constitutes a fee, in relation to buildings and facilities, including fees for the operation and maintenance of buildings and facilities,

(ii) prescribing criteria for when a fee is included or excluded from a capital fee, and

(iii) prescribing circumstances in which a fee is included or excluded from a capital fee,

(a.2) for the purposes of the definition of "program or service fee" in section 1, prescribing a program or a service that a student society provides or intends to provide, , and

(2.1) In making a regulation under subsection (2) (a.1) or (a.2), the Lieutenant Governor in Council may

(a) establish different classes of universities, circumstances, things or other matters, and

Transitional Provisions

SECTION 10: [College and Institute Act transition – equivalent fees] provides that a board may impose and direct an institution to collect and remit equivalent fees in respect of capital fees or program or service fees that were approved by referendum before the coming into force of the amendments to the College and Institute Act made by this Bill.

College and Institute Act transition – equivalent fees

10 In respect of an amount of or rate of change in a fee that was approved by referendum under section 21 of the College and Institute Act before the coming into force of sections 1 and 3 to 5 of this Act, the board may, despite section 21 (2.1) and (2.2) of the College and Institute Act as enacted by this Act,

(a) impose on students who are not members of a student society a fee in an amount equal to an amount of a capital fee or a program or service fee included in the approved student society fee that those students would have had to pay if they had been members of the student society, and

(b) direct the institution to collect the fee and remit that fee to the student society.

SECTION 11: [Royal Roads University Act transition – equivalent fees] is self-explanatory.

Royal Roads University Act transition – equivalent fees

11 The board of governors under the Royal Roads University Act has the duties and may exercise the powers of the board of governors of a university set out in section 13 of this Act.

SECTION 12: [Thompson Rivers University Act transition – equivalent fees] is self-explanatory.

Thompson Rivers University Act transition – equivalent fees

12 Section 13 of this Act applies for the purposes of the Thompson Rivers University Act.

SECTION 13: [University Act transition – equivalent fees] provides that the board may impose, collect and remit equivalent fees in respect of capital fees or program or service fees that were approved by referendum before the coming into force of the amendments to the University Act made by this Bill.

University Act transition – equivalent fees

13 In respect of an amount of or rate of change in a fee that was approved by referendum under section 27.1 of the University Act before the coming into force of sections 6 to 9 of this Act, a board may, despite sections 27.1 (2.1) and (2.2) of the University Act as enacted by this Act,

(a) impose on and collect from students who are not members of a student society a fee in an amount equal to an amount of a capital fee or a program or service fee included in the approved student society fee that those students would have had to pay if they had been members of the student society, and

SECTION 14: [Child, Family and Community Service Act, heading to Part 2.1] clarifies that the Part applies to not just youth.

14 The heading to Part 2.1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is repealed and the following substituted:

SECTION 15: [Child, Family and Community Service Act, section 12.3]

removes specific requirements that will instead be set out in regulations;
adds another type of program.

(1) Subject to the regulations, a director may make a written agreement with a person 19 years or older who, before the person's 19th birthday, was

(b) the subject of an order for custody under this Act, other than as described in paragraph (a), or

(b) in subsection (2) (b) by striking out "rehabilitative program." and substituting "life skills or rehabilitative program.", and

(3) Subject to the regulations, the agreement may be renewed or, after an interval, another agreement under this section may be made.

SECTION 16: [Child, Family and Community Service Act, section 103]

adds a regulation-making power;
clarifies that the reference to agreements in subsection (2) (d) of the section includes agreements made under sections 12.2 and 12.3 of the Act.

(c.1) respecting the renewal and maximum duration of agreements under section 12.3; , and

(b) in paragraph (d) by striking out "Act;" and substituting "Act, including, without limitation, agreements referred to in paragraph (c);".

SECTION 17: [Utilities Commission Act, section 1] adds a reference to wholesale distribution and sale.

17 Section 1 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended in paragraph (e) of the definition of "petroleum industry" by striking out "the retail distribution" and substituting "the wholesale or retail distribution or sale".

SECTION 18: [Utilities Commission Act, section 2] is consequential to the amendment made by this Bill to section 7 of the Act.

18 Section 2 (5) is amended by striking out "and the staff of the commission." and substituting "of the other commissioners and the chief operating officer."

SECTION 19: [Utilities Commission Act, section 7] requires the commission to employ a chief operating officer.

Employees

(b) may employ a secretary and other officers and employees it considers necessary, and

(c) may, subject to sections 9.1 and 10, determine the duties, the conditions of employment and the remuneration of the persons employed under paragraph (a) or (b) of this subsection.

(2) The Public Service Act does not apply to the employment of persons under subsection (1).

SECTION 20: [Utilities Commission Act, section 9.1] sets out the duties of the chief operating officer.

Chief operating officer's duties

(b) supervise the work of the persons referred to in section 8 and the commission's employees.

SECTION 21: [Utilities Commission Act, section 22] expands the scope of the minister's exemption power.

(1) In this section, "minister" means the minister responsible for the administration of the Hydro and Power Authority Act. ,

(c) in subsection (2) (a) (ii) by striking out "an eligible person" and substituting "a public utility" and by striking out "the eligible person" and substituting "the public utility".

SECTION 22: [Utilities Commission Act, sections 44.2, 46 and 71] clarifies how the specified factors are to be used by the commission in making a decision under the indicated sections.

22 Sections 44.2 (5.1), 46 (3.3) and 71 (2.21) and (2.51) are amended by striking out "and be guided by".

SECTION 23: [Utilities Commission Act, section 61] authorizes a public utility to file with the commission a new schedule of rates if there is a change in the price required to be paid by the public utility.

23 Section 61 (4) is amended by striking out "rise in the price" and substituting "change in the price".

SECTION 24: [Utilities Commission Act, section 88] authorizes exemptions on the approval of the minister rather than on the approval of the Lieutenant Governor in Council.

24 Section 88 (3) is amended by striking out "the Lieutenant Governor in Council" and substituting "the minister responsible for the administration of the Hydro and Power Authority Act".

SECTION 25: [Utilities Commission Act, section 116] removes the requirement for the Lieutenant Governor in Council to approve certain appointments.

25 Section 116 is amended by striking out "With the approval of the Attorney General, the commission" and substituting "The commission".

SECTION 26: [Utilities Commission Act, section 125.1] is consequential to the amendments made by this Bill to section 125.2 of the Act.

(a) in paragraph (o) by striking out "and matters for the purposes of section 125.2 (3) (d)" and substituting "and requirements and matters for the purposes of section 125.2 (3)", and

SECTION 27: [Utilities Commission Act, section 125.2] clarifies how adopted reliability standards are applied.

(a) in subsection (1) in the definition of "reliability standard" by striking out "bulk power system" and substituting "bulk electric system",

(b) in subsection (3) by striking out "and" at the end of paragraph (c) and by adding the following paragraph:

(c.1) the application of the reliability standard to persons or persons in respect of specified equipment if the reliability standard were adopted under subsection (6), and ,

(8) Subject to subsection (8.3), a reliability standard adopted under subsection (6) applies as specified in an order made under subsection (6).

(8.1) At the request of the commission, the authority must provide to the commission, in accordance with any directions made by the commission, a report assessing the application of a reliability standard adopted under subsection (6) to a specified person, a class of persons or a person in respect of specified equipment.

(8.2) Subsection (5) applies to a report received by the commission under subsection (8.1).

(8.3) After complying with subsection (5) respecting a report received under subsection (8.1), the commission may, by order, specify that a reliability standard adopted under subsection (6) applies or does not apply to a specified person, a class of persons or a person in respect of specified equipment.

(9) A reliability standard adopted under subsection (6) applies as specified in an order made under subsection (6) or (8.3) despite an exemption issued under section 22 or 88 (3).

SECTION 28: [Interjurisdictional Support Orders Act, section 1] adds definitions of "certification-exempt record" and "eligible".

28 Section 1 (1) of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, is amended by adding the following definitions:

(a) a class of records that originate from a court or administrative body that does not certify copies of the records in the class, or

"eligible" means, when used to refer to a copy of a record referred to in the definition of "certified",

(b) a copy that is not certified, if the record is a certification-exempt record; .

SECTION 29: [Interjurisdictional Support Orders Act, sections 6, 17, 18 and 26] provides that copies of certain orders or reasons need not be certified.

29 Sections 6 (4), 17 (1) and (2), 18 (1) and 26 (4) are amended by striking out "a certified" and substituting "an eligible".

SECTION 30: [Interjurisdictional Support Orders Act, section 9] provides for service by the designated authority and makes consequential amendments.

(a) in subsection (1) by striking out "must send the application to the British Columbia court." and by adding the following paragraphs:

(ii) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations. ,

(a) is unable to determine where the respondent habitually resides or is unable to serve the respondent under subsection (1) (b), or , and

SECTION 31: [Interjurisdictional Support Orders Act, section 14] is consequential to the amendment made by this Bill to section 9 of the Act.

31 Section 14 (1) is amended by striking out "section 9 (4) (b)" and substituting "section 9 (1) (b) (ii)".

SECTION 32: [Interjurisdictional Support Orders Act, section 17] provides that copies of certain orders need not be certified.

32 Section 17 (2) is amended by striking out "the certified" and substituting "the eligible".

SECTION 33: [Interjurisdictional Support Orders Act, section 29] provides for service by the designated authority and makes consequential amendments.

(a) in subsection (1) by striking out "must send the application to the British Columbia court." and by adding the following paragraphs:

(a) must send the support variation application to the British Columbia court, and

(ii) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations. ,

(a) is unable to determine where the respondent habitually resides or is unable to serve the respondent under subsection (1) (b), or , and

SECTION 34: [Interjurisdictional Support Orders Act, section 33] is consequential to the amendment made by this Bill to section 29 of the Act.

34 Section 33 (1) is amended by striking out "section 29 (4) (b)" and substituting "section 29 (1) (b) (ii)".

SECTION 35: [Interjurisdictional Support Orders Act, section 44] is self-explanatory.

(6) Without limiting subsection (1), the Lieutenant Governor in Council may prescribe classes of records for purposes of paragraph (b) of the definition of "certification-exempt record".

Commencement

36 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:

Explanatory Notes