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

Oil and Gas Activities Act

1 Section 1 (2) of the Oil and Gas Activities Act, S.B.C. 2008, c. 36, is amended

(a) by adding the following definition:

"authorization holder" means a person who holds an authorization and is not a permit holder; , and

(b) in paragraph (b) of the definition of "related activity" by striking out "oil and gas activity" and substituting "oil and gas activity or making an application for a permit under section 24".

2 Section 1 (2) is amended in the definition of "oil and gas activity" by adding the following paragraph:

(b.1) the exploration for a storage reservoir; .

3 Section 8 (1) is amended by striking out "oil and gas activities" and substituting "oil and gas activities and related activities".

4 Section 9 is amended

(a) in subsection (1) by repealing paragraph (b) of the definition of "approval" and substituting the following:

(b) the carrying out of which is required for or facilitates

(i) making an application under the National Energy Board Act (Canada) to operate or construct a pipeline, or

(ii) operating or constructing a pipeline; ,  and

(b) by repealing subsection (4) (c) and substituting the following:

(c) for the purposes of this Act other than this section and sections 34, 39 (1) and 104 and Part 10, an approval must be considered to be an authorization and a person who holds an approval must be considered to be an authorization holder.

5 Section 24 (3) is repealed and the following substituted:

(3) Despite anything in a specified enactment, the commission may not grant an authorization to a person for a related activity unless the person meets the prescribed requirements.

6 Section 25 (1.1) is repealed and the following substituted:

(1.1) The Lieutenant Governor in Council, by regulation, may issue a direction to the commission with respect to the exercise of the commission's power under section 8 or subsection (1) of this section, and the commission must comply with the direction despite any other provision of

(a) this Act, the regulations or an order made under this Act, or

(b) a specified enactment.

7 Section 27 is amended

(a) in subsection (1) by striking out "on application by a permit holder" and substituting "on application by a permit holder or authorization holder",

(b) in subsections (1) (c) and (2) by striking out "the permit holder" wherever it appears and substituting "the permit holder or authorization holder", and

(c) in subsection (3) by striking out "the permit holder or former permit holder" and substituting "the permit holder, former permit holder, authorization holder or former authorization holder".

8 Section 29 is amended

(a) by adding the following subsections:

(1.1) On application in writing signed by both an authorization holder and a person to whom the authorization holder wants the authorization to be transferred, the commission may transfer, despite anything in a specified enactment prohibiting the transfer, the authorization to that person, subject to any conditions the commission considers necessary.

(2.1) Subsection (2) applies to a transfer under subsection (1.1). , and

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

(3) A person to whom a permit or authorization is transferred under subsection (1) or (1.1) has the same rights and obligations as if the permit or authorization had been issued to that person.

9 Section 30 is amended

(a) by renumbering the section as section 30 (1),

(b) in subsection (1) by striking out "a permit holder, an applicant for a permit or a transferee of a permit" and substituting "a holder or applicant", and

(c) by adding the following subsection:

(2) In this section, "holder or applicant" means a permit holder, an applicant for a permit, a transferee of a permit, an authorization holder, an applicant for an authorization or a transferee of an authorization.

10 Section 31 is amended

(a) by adding the following subsection:

(1.1) The commission may exempt a person or a class of persons from the requirement to provide notice under subsection (1) to a land owner or a class of land owners if the commission is satisfied that

(a) the activity respecting the proposed amendment would not be carried out on the land of the land owner or class of land owners, and

(b) the proposed amendment would not change the effect of the permit on the land of the land owner or class of land owners. , and

(b) in subsection (9) by adding ", unless notice was not required under subsection (1.1)" after "subsection (10)".

11 Section 32 is amended by adding the following subsection:

(1.1) Despite anything in a specified enactment, an authorization issued to an authorization holder expires if the authorization holder has not applied for a permit before the prescribed period has elapsed.

12 Section 33 is amended

(a) by adding the following subsection:

(1.1) An authorization holder may send a notice to the commission advising the commission of the authorization holder's intention to surrender the authorization. ,

(b) in subsection (2) (b) by striking out "prohibiting the cancellation",

(c) by adding the following subsection:

(2.1) On receipt of a notice under subsection (1.1), the commission, despite anything in a specified enactment, may cancel the authorization. , and

(d) in subsection (3) by adding "or (2.1)" after "subsection (2)".

13 Section 35 (1) is amended by adding ", an authorization holder" after "a permit holder".

14 Section 37 is amended

(a) in subsection (1) by adding ", an authorization holder" after "A permit holder", and

(b) in subsection (2) by adding ", an authorization holder" after "a permit holder".

15 Section 38 is amended

(a) in subsection (1) by adding "and an authorization holder" after "A permit holder",

(b) in subsection (1) (c) by adding "or authorization holder" after "the permit holder", and

(c) by repealing subsection (2).

16 The following section is added:

Disclosure

38.1  The commission, in accordance with and to the extent required by the regulations, must

(a) disclose to the public, or keep confidential, the records, reports and plans referred to in section 38, and

(b) disclose to the public applications received under sections 24 and 31.

17 Section 40 is amended

(a) by striking out "or former permit holder," and substituting ", former permit holder, authorization holder or former authorization holder,", and

(b) in paragraph (f) by striking out "or former holder" and substituting ", former permit holder, authorization holder or former authorization holder".

18 Section 42 is amended by striking out "or former permit holder" in both places and substituting ", former permit holder, authorization holder or former authorization holder".

19 Section 52 is amended

(a) in subsection (1) (b) (i) by striking out "any permit holder," and substituting "any permit holder or authorization holder,",

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

(2) The commission may reimburse a person for costs or expenses incurred as a result of an order issued under subsection (1) if the person is not, in the commission's opinion, responsible for the spillage or for the likely source or cause of the spillage. ,

(c) by repealing subsection (3) (b) and substituting the following:

(b) order the person who the commission believes is responsible for the spillage or for the likely source or cause of the spillage to pay the costs and expenses, or a part of them; , and

(d) in subsection (3) (c) by striking out "permit holder or".

20 Section 56 is repealed and the following substituted:

Statutory immunity

56  (1) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against the commissioner, an official or the commission's directors or employees because of anything done or omitted

(a) in the exercise or intended exercise of any power under this Act, or

(b) in the performance or intended performance of any duty or function under this Act.

(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against the government or the commission because of anything done or omitted

(a) in the exercise or intended exercise of a power under sections 50 to 53, or

(b) in the performance or intended performance of a duty under sections 50 to 53.

(3) Subsections (1) and (2) do not apply to a person referred to in subsection (1), the government or the commission in relation to anything done or omitted in bad faith.

21 Section 69 (1) is amended in the definition of "eligible person" by adding the following paragraph:

(b.1) an authorization holder or former authorization holder, .

22 Section 75 (1) is amended by adding the following paragraph:

(c.1) the operation or use of a storage reservoir; .

23 Section 99 is amended

(a) in subsection (1) by adding the following paragraphs:

(f.1) prescribing requirements for the purposes of section 24 (3);

(g.2) prescribing periods for the purposes of section 32 (1.1); ,

(b) in subsection (1) by repealing paragraph (h) and substituting the following:

(h) respecting disclosure and confidentiality as referred to in section 38.1; , and

(c) in subsections (1) (q) and (2) by adding "an authorization holder," after "permit holder,".

24 Section 111 (1) is amended

(a) in paragraph (e) by striking out "operation and abandonment" and substituting "operation, monitoring and abandonment", and

(b) in paragraph (f) by striking out "use and abandonment" and substituting "use, monitoring and abandonment".

Petroleum and Natural Gas Act

25 Section 1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended

(a) in the definition of "storage reservoir" by adding "carbon dioxide produced from a prescribed source," after "petroleum, natural gas,", and

(b) by repealing the definition of "storage well" and substituting the following:

"storage well" means a well in which casing is run and that, in the opinion of the commission, is used or is capable of being used to dispose of or recover, into or from a storage reservoir,

(a) petroleum or natural gas,

(b) carbon dioxide produced from a prescribed source,

(c) water produced in relation to the production of petroleum or natural gas,

(d) waste, or

(e) any other prescribed substance; .

26 Section 110 is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) explore for, inject substances into or recover substances from a storage reservoir.

27 Section 126 is amended by striking out "division head" wherever it appears and substituting "minister".

28 Section 130 is amended

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

(2) An applicant under subsection (1) for a lease under subsection (3) must

(a) meet the prescribed requirements, and

(b) make the application to the minister in a form and manner the minister requires.

(2.1) The minister must evaluate an application under subsection (1) in accordance with prescribed requirements. , and

(b) by adding the following subsections:

(4) A person may not transfer a lease granted under subsection (3) without the approval of the minister.

(5) The minister may, in accordance with the regulations,

(a) amend the terms of a lease granted under subsection (3), and

(b) approve the transfer of a lease granted under subsection (3).

29 Section 133 (2) is amended by adding the following paragraphs:

(t.1) prescribe requirements for the purposes of section 130 (2) (a) and (2.1);

(t.2) make regulations respecting amendments and transfers under section 130 (5);

(v.1) prescribe sources for the purposes of the definitions of "storage reservoir" and "storage well" in section 1; .

Residential Tenancy Act

30 Section 38 (8) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is repealed and the following substituted:

(8) For the purposes of subsection (1) (c), the landlord must repay a deposit

(a) in the same way as a document may be served under section 88 (c), (d) or (f) [service of documents],

(b) by giving the deposit personally to the tenant, or

(c) by using any form of electronic

(i) payment to the tenant, or

(ii) transfer of funds to the tenant.

31 Section 44 (1) (a) is amended by adding the following subparagraph:

(i.1) section 45.1 [tenant's notice: family violence or long-term care]; .

32 Section 45 (3) is amended by striking out "or, in relation to an assisted or supported living tenancy, of the service agreement,".

33 The following sections are added:

Tenant's notice: family violence or long-term care

45.1  (1) In this section:

"family member" has the same meaning as in the Family Law Act;

"family violence" has the same meaning as in the Family Law Act;

"long-term care" means personal or health care provided in a long-term care facility to a person who is unlikely to return to living independently under a tenancy agreement;

"long-term care facility" means any of the following:

(a) a community care facility under the Community Care and Assisted Living Act;

(b) a facility that, under the Continuing Care Act, provides a program of continuing care in the form of residential care;

(c) a hospital within the meaning of

(i) paragraph (c) of the definition of "hospital" in section 1 of the Hospital Act, or

(ii) section 5 of that Act.

(2) A tenant is eligible to end a fixed term tenancy under this section if a statement is made in accordance with section 45.2 [confirmation of eligibility] confirming one of the following:

(a) if the tenant remains in the rental unit, the safety or security of either the tenant or a dependent of the tenant who lives in the rental unit is or is likely at risk from family violence carried out by a family member of the tenant;

(b) the tenant has been assessed as requiring long-term care;

(c) the tenant has been admitted to a long-term care facility.

(3) A tenant under this section may end a fixed term tenancy by giving the landlord notice to end the tenancy effective on a date that

(a) is not earlier than one month after the date the landlord receives the notice, and

(b) is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

(4) A notice to end a tenancy given under this section must comply with section 52 [form and content of notice to end tenancy].

Confirmation of eligibility

45.2  (1) A person may make a statement confirming a tenant's eligibility to end a fixed term tenancy under section 45.1 [tenant's notice: family violence or long-term care] only if the person

(a) is authorized to do so under the regulations, and

(b) has assessed, in accordance with the regulations, the tenant and the tenant's circumstances.

(2) A person who makes a statement under this section must

(a) make the statement in the approved form, and

(b) keep records as required by the regulations.

(3) In a proceeding under this Act, a person who makes a statement under this section is compellable to disclose or provide evidence respecting the following types of information only:

(a) evidence respecting the person's authority, for the purposes of subsection (1) (a), to make the statement;

(b) evidence respecting the veracity of the signature appearing on the statement.

Termination by one of a group of tenants

45.3  If a fixed term tenancy is ended under section 45.1 [tenant's notice: family violence or long-term care] by one of 2 or more tenants who are subject to the same tenancy agreement, the remaining tenant or tenants must also vacate the rental unit, unless the remaining tenant or tenants enter into a new tenancy agreement with the landlord.

34 Section 52 is amended

(a) by striking out "and" at the end of paragraph (d), and

(b) by adding the following paragraph:

(d.1) for a notice under section 45.1 [tenant's notice: family violence or long-term care], be accompanied by a statement made in accordance with section 45.2 [confirmation of eligibility], and .

35 Section 58 is amended

(a) in subsection (2) by adding the following paragraph:

(a.1) the claim is with respect to whether the tenant is eligible to end a fixed term tenancy under section 45.1 [tenant's notice: family violence or long-term care], , and

(b) by adding the following subsection:

(2.1) Subsection (2) (a.1) of this section does not apply if the basis of the claim is that a statement purporting to confirm a tenant's eligibility to end a fixed term tenancy for the purposes of section 45.1 (2) was made by a person who was not authorized to do so under the regulations.

36 Section 97 (2) is amended by adding the following paragraphs:

(d.1) respecting statements for the purposes of section 45.2 (1) [confirmation of eligibility], including

(i) prescribing classes of persons whose members are authorized to make a statement,

(ii) setting limits and conditions on the authority of classes of persons to make a statement,

(iii) prescribing the manner in which the statement must or may be provided to a tenant, a landlord, or both, and

(iv) providing that a statement may be used for the purposes of that section only if the statement is made within a prescribed period of time before its intended use;

(d.2) respecting assessments for the purposes of section 45.2 (1) (b);

(d.3) respecting records to be made in relation to an assessment and the keeping of those records; .

Strata Property Act

37 Section 1 (1) of the Strata Property Act, S.B.C. 1998, c. 43, is amended by adding the following definitions:

"80% vote" means a vote in favour of a resolution by at least 80% of the votes of all the eligible voters;

"winding-up resolution" means a resolution referred to in

(a) section 272 (1) [vote to cancel strata plan and become tenants in common], or

(b) section 277 (1) [appointment of liquidator].

38 Section 43 is amended

(a) in subsection (3) by adding "subsection (3.1) and" after "Subject to",

(b) by adding the following subsection:

(3.1) If the demand requires the strata corporation to hold a special general meeting to consider a winding-up resolution, the strata corporation must hold the meeting within 8 weeks after the demand is given to the strata corporation. , and

(c) in subsection (6) by striking out "subsection (3)," and substituting "subsection (3) or (3.1), as applicable,".

39 Section 45 is amended

(a) in subsection (1) by striking out "The strata corporation" and substituting "Subject to subsection (1.1), the strata corporation",

(b) by adding the following subsection:

(1.1) The strata corporation must give at least 4 weeks' written notice under subsection (1) of an annual or special general meeting at which a winding-up resolution will be considered. ,

(c) in subsection (2) by striking out "A person" and substituting "Subject to subsection (2.1), a person",

(d) by adding the following subsection:

(2.1) A waiver under subsection (2) has no effect in relation to the right to be notified of an annual or special general meeting at which a winding-up resolution will be considered. , and

(e) in subsection (3) by striking out "a 3/4 vote or unanimous vote" and substituting "a 3/4 vote, 80% vote or unanimous vote".

40 Section 53 (2) is amended by striking out "a unanimous vote" and substituting "an 80% vote or unanimous vote".

41 Section 54 is amended by renumbering the section as section 54 (1) and by adding the following subsection:

(2) Despite subsection (1) and any assignment or other disposition of a right to vote to a mortgagee of a strata lot,

(a) the mortgagee may not vote on a winding-up resolution, and

(b) the owner of the strata lot may vote on the winding-up resolution unless a tenant has the right to vote under subsection (1) (b).

42 Section 58 (3) is amended by striking out "a unanimous vote" and substituting "an 80% vote or unanimous vote".

43 Section 59 (3) is amended

(a) by adding the following paragraph:

(h.1) any winding-up resolution that has been passed; , and

(b) in paragraph (i) by striking out "a 3/4 vote or unanimous vote" and substituting "a 3/4 vote, 80% vote or unanimous vote".

44 Section 173 is amended by adding the following subsection:

(2.1) Section 171 (2) does not apply to an application under subsection (2).

45 Section 174 (7) is amended by striking out "a majority vote, a 3/4 vote or a unanimous vote," and substituting "a majority vote, 3/4 vote, 80% vote or unanimous vote,".

46 Section 193 (3) is repealed and the following substituted:

(3) The resolution referred to in subsection (2) (a) must be passed

(a) by a 3/4 vote, and

(b) by a sectional 3/4 vote.

(3.1) In this section, "sectional 3/4 vote" means a vote in favour of a resolution in relation to a proposed or existing section by at least 3/4 of the votes cast by eligible voters in the section who are present in person or by proxy at the time the vote is taken and who have not abstained from voting.

47 Section 272 (1) is amended by striking out "a unanimous vote" and substituting "an 80% vote".

48 The following section is added:

Confirmation by court of winding-up resolution

273.1  (1) A strata corporation that passes a winding-up resolution in accordance with section 272

(a) may apply to the Supreme Court for an order confirming the resolution, and

(b) must do so, if the strata plan has 5 or more strata lots, within 60 days after the resolution is passed.

(2) For certainty, the failure of a strata corporation to comply with subsection (1) (b) does not prevent the strata corporation from applying under subsection (1) (a) or affect the validity of a winding-up resolution.

(3) A record required by the Supreme Court Civil Rules to be served on a person who may be affected by the order sought under subsection (1) must, without limiting that requirement, be served on the owners and registered charge holders identified in the conversion schedule.

(4) On application by a strata corporation under subsection (1), the court may make an order confirming the winding-up resolution.

(5) In determining whether to make an order under subsection (4), the court must consider

(a) the best interests of the owners, and

(b) the probability and extent, if the winding-up resolution is confirmed or not confirmed, of

(i) significant unfairness to one or more

(A) owners, or

(B) holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, and

(ii) significant confusion and uncertainty in the affairs of the strata corporation or of the owners.

49 Section 274 (b) and (c) is repealed and the following substituted:

(b) if the strata plan has 5 or more strata lots,

(i) a court order under section 273.1, and

(ii) a Certificate of Strata Corporation in the prescribed form stating that

(A) the winding-up resolution under section 272 (1) has been passed and the conversion schedule conforms to the resolution, and

(B) the strata corporation has no debts other than debts held by holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan,

(c) if the strata plan has fewer than 5 strata lots, either the documents required by paragraph (b) or both of the following documents:

(i) the written consent to the winding up signed by all holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan;

(ii) a Certificate of Strata Corporation in the prescribed form stating that

(A) the winding-up resolution under section 272 (1) has been passed and the conversion schedule conforms to the resolution, and

(B) the strata corporation has no debts other than debts held by persons who have consented in writing, under subparagraph (i), to the winding up of the strata corporation, .

50 Section 275 is amended by adding the following subsection:

(1.1) For the purposes of subsection (1) and section 100 of the Land Title Act, an application under section 274 of this Act that is accompanied by the records required by that section is conclusively deemed to be an application that meets the requirements of section 100 (4) (a) of the Land Title Act.

51 Section 277 (1) is amended by striking out "a unanimous vote" and substituting "an 80% vote".

52 The following section is added:

Confirmation by court of winding-up resolution

278.1  (1) A strata corporation that passes a winding-up resolution in accordance with section 277, if the strata plan has 5 or more strata lots,

(a) may apply to the Supreme Court for an order confirming the resolution, and

(b) must do so within 60 days after the resolution is passed.

(2) For certainty, the failure of a strata corporation to comply with subsection (1) (b) does not prevent the strata corporation from applying under subsection (1) (a) or affect the validity of a winding-up resolution.

(3) A record required by the Supreme Court Civil Rules to be served on a person who may be affected by the order sought under subsection (1) must, without limiting that requirement, be served on the owners and registered charge holders identified in the interest schedule.

(4) On application by a strata corporation under subsection (1), the court may make an order confirming the winding-up resolution.

(5) In determining whether to make an order under subsection (4), the court must consider

(a) the best interests of the owners, and

(b) the probability and extent, if the winding-up resolution is confirmed or not confirmed, of

(i) significant unfairness to one or more

(A) owners,

(B) holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, or

(C) other creditors, and

(ii) significant confusion and uncertainty in the affairs of the strata corporation or of the owners.

53 Section 279 (2) is repealed and the following substituted:

(2) The court may grant the order if satisfied that

(a) the requirements of section 277 have been met, and

(b) if the strata plan has 5 or more strata lots, the winding-up resolution under section 277 has been confirmed by an order of the court under section 278.1.

(3) For the purposes of subsection (1), the liquidator is appointed on the date the winding-up resolution under section 277

(a) is passed, if the strata plan has fewer than 5 strata lots, or

(b) is confirmed by an order under section 278.1, in any other case.

54 Section 284 (2) and (3) is repealed and the following substituted:

(2) On application by a person referred to in subsection (1), the court may make an order appointing a liquidator to wind up the strata corporation.

(3) In determining whether to make an order under subsection (2), the court must consider

(a) the best interests of the owners, and

(b) the probability and extent, if the liquidator is appointed or not appointed, of

(i) significant unfairness to one or more

(A) owners,

(B) holders of registered charges against land shown on the strata plan or land held in the name of or on behalf of the strata corporation, but not shown on the strata plan, or

(C) other creditors, and

(ii) significant confusion and uncertainty in the affairs of the strata corporation or of the owners.

55 Section 292 (2) (l.1) is amended by adding "or 108 (4) (b)" after "section 95 (2) (a)".

Consequential and Related Amendments

Administrative Tribunals Statutes Amendment Act, 2015

56 Section 164 of the Administrative Tribunals Statutes Amendment Act, 2015, S.B.C. 2015, c. 10, is repealed.

Civil Resolution Tribunal Amendment Act, 2015

57 Section 3 of the Civil Resolution Tribunal Amendment Act, 2015, S.B.C. 2015, c. 16, as it enacts section 3.6 (2) of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended by adding the following paragraphs:

(r.1) section 273.1 [confirmation by court];

(r.2) section 278.1 [confirmation by court]; .

Commencement

58 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: