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

Part 1 – Agriculture Amendments

Agricultural Land Commission Act

1 Section 29 of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended

(a) in subsection (1) by striking out "commission may" and substituting "commission may,",

(b) in subsection (1) (a) by striking out "exclude" and substituting "subject to subsection (1.1), exclude", and

(c) by adding the following subsections:

(1.1) Subject to the regulations, the commission may not exclude, under subsection (1) (a), land from an agricultural land reserve unless each owner of the land consents to the exclusion.

(1.2) The consent referred to in subsection (1.1) must be in writing and in accordance with the regulations, if any.

(1.3) The requirement under subsection (1.1) for each owner's consent to an exclusion under subsection (1) (a) does not apply to any terms the commission may impose under that subsection in respect of the exclusion.

2 Section 58 is amended

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

(l.1) for the purposes of section 29, respecting the requirement for each owner's consent to an exclusion under that section, including, without limitation,

(i) establishing procedures and requirements in respect of the consent,

(ii) respecting circumstances in which an owner is deemed to have consented to an exclusion, and

(iii) respecting exceptions to the requirement for consent; , and

(b) by adding the following subsections:

(8) Regulations under subsection (2) (a), (a.1), (b) and (j) may

(a) impose limits or conditions on land use, including, without limitation, limits or conditions that take into account

(i) agricultural values, including preserving agricultural land, maintaining agricultural capability and productivity, and promoting agricultural purposes,

(ii) environmental and heritage values, and

(iii) economic, cultural and social values, and

(b) be different for different types of land use, types of limits or conditions imposed in respect of land use, or circumstances.

(9) Regulations under subsection (2) (l.1) may be different for different types of applications, types of applicants, owners, classes of owners, or circumstances.

Transitional Provision

Agricultural Land Commission Act transition

3  (1) In this section:

"commission" has the same meaning as in section 1 (1) of the Agricultural Land Commission Act;

"transition period" means the period that starts on January 1, 2016 and ends on the date this section comes into force.

(2) Subject to subsection (3), if, during the transition period, the commission made a decision under section 29 (1) (a) of the Agricultural Land Commission Act to exclude land from an agricultural land reserve, the decision has no force or effect.

(3) Subsection (2) does not apply to a decision to exclude land from an agricultural land reserve if, within 180 days after the date this section comes into force, each owner of the land meets one of the following conditions:

(a) the owner consents, in accordance with section 29 (1.2) of the Agricultural Land Commission Act, to the exclusion;

(b) the owner is deemed to have consented, under a regulation made under section 58 (2) (l.1) (ii) of that Act, to the exclusion;

(c) the owner is not required, under a regulation made under section 58 (2) (l.1) (iii) of that Act, to consent to the exclusion.

(4) For certainty, it is not necessary for each owner referred to in subsection (3) to meet the same condition under that subsection.

(5) Section 29 (1.1) to (1.3) of the Agricultural Land Commission Act, as enacted by this Act, applies in relation to an application or matter commenced under section 29 (1) (a) of that Act that was, immediately before the date this section comes into force, before the commission.

Part 2 – Community, Sport and Cultural
Development Amendments

Assessment Act

4 The Assessment Act, R.S.B.C. 1996, c. 20, is amended by adding the following section:

Special valuation rules for restricted-use property

20.5  (1) In this section:

"designated restricted-use property" means eligible property that is designated under subsection (4) (a);

"eligible person" means a prescribed person or a person in a prescribed category of persons who uses property under a restricted-use agreement on a not-for-profit basis or whose use of property under a restricted-use agreement is publicly funded;

"eligible property", in relation to a taxation year, means property

(a) that is used by an eligible person, and

(b) that is either

(i) to be assessed under section 26, 27 or 28, or

(ii) owned by a not-for-profit corporation and held or occupied under a lease, licence or other agreement, whether or not the property is to be assessed under section 26, 27 or 28;

"restricted-use agreement", with respect to a property, means a lease, licence or other agreement under which the use of the property is restricted to the provision of a service of benefit to the public.

(2) The actual value of designated restricted-use property is the actual value as determined in accordance with the regulations.

(3) For the purposes of entry on the assessment roll, the actual value by classification of land and improvements that are designated restricted-use property is the actual value of the designated restricted-use property apportioned to the land and improvements in each property class in accordance with the regulations.

(4) For the purposes of this section, the Lieutenant Governor in Council may make regulations as follows:

(a) designating eligible property as restricted-use property;

(b) prescribing persons or categories of persons for the purposes of the definition of "eligible person" in subsection (1);

(c) prescribing the actual value of designated restricted-use property;

(d) establishing rates, formulas, rules or principles for determining the actual value of designated restricted-use property;

(e) respecting the apportionment of the actual value of designated restricted-use property between property classes and between land and improvements for the purposes of entry on the assessment roll.

(5) A designation under subsection (4) (a)

(a) is to be by assessment roll number, and

(b) applies to the property identified by the assessment roll number.

(6) Despite section 74 (5), if property

(a) is included on a supplementary roll under section 26 (5) (a), and

(b) is designated under subsection (4) (a) of this section,

the designation, regardless of when the regulation under subsection (4) (a) comes into force, is effective for that portion of the taxation year on and after the date that the assessor made the entry on the supplementary roll.

(7) Despite section 74 (5), if

(a) an entry is made on a supplementary roll under section 26 (5) (b) with respect to property that is designated under subsection (4) (a) of this section, and

(b) the Lieutenant Governor in Council rescinds the designation,

the rescission, regardless of when the regulation rescinding the designation comes into force, is effective for that portion of the taxation year on and after the date that the assessor made the entry on the supplementary roll.

(8) Without limiting subsection (4) (c) or (d), regulations made under that subsection may do one or both of the following:

(a) in determining actual value, provide for adjustments over a specified period;

(b) provide for the use of a consumer price index published by Statistics Canada under the Statistics Act (Canada) and for any matters respecting that use.

(9) In making regulations under this section, the Lieutenant Governor in Council may do one or both of the following:

(a) define categories of designated restricted-use property;

(b) make different regulations for different designated restricted-use properties or categories defined under paragraph (a).

Local Government Act

5 Section 498 of the Local Government Act, R.S.B.C. 2015, c. 1, is amended

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

(a) the following Divisions of this Part:

(i) Division 5 [Zoning Bylaws];

(ii) Division 11 [Subdivision and Development: Requirements and Related Matters];

(iii) Division 13 [Other Land Use Regulation Powers];

(iv) Division 17 [Regulation of Farm Businesses in Farming Areas]; , and

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

(2) As restrictions on subsection (1), a development variance permit must not vary the following:

(a) the use or density of land from that specified in the bylaw;

(b) a flood plain specification under section 524 (3) [requirements in relation to flood plain areas].

Part 3 – Environment Amendments

Environmental Management Act

6 Section 16 (2) of the Environmental Management Act, S.B.C. 2003, c. 53, is repealed and the following substituted:

(2) A director may, after consultation with the minister, amend

(a) a permit ordered by the minister under section 90.1 (1) [permits under area based management plan], or

(b) a permit or approval issued by the Lieutenant Governor in Council.

7 The following sections are added:

Permits under area based management plan

90.1  (1) Despite section 14 [permits], if the introduction of waste into the environment is provided for under an area based management plan, the minister may, in writing, order a director to issue a permit under that section authorizing the introduction of waste

(a) within a specified time,

(b) in accordance with any requirements or conditions, under section 14 (1) (a) to (f), specified in the order, and

(c) subject to other requirements or conditions, under section 14 (1) (a) to (f), the director considers advisable for the protection of the environment.

(2) Subject to subsection (3) and section 16 (2) [amendment of permits and approvals], the issuance of a permit under this section is final and binding and may not be appealed under Division 2 [Appeals from Decisions under this Act] of Part 8.

(3) Requirements or conditions the director considers advisable under subsection (1) (c) and amendments the director makes under section 16 (2) may be appealed under Division 2 of Part 8.

Amendments to area based management plan

90.2  (1) If the minister considers it advisable for the purposes of environmental management, the minister may, by order, establish a process for the development of an amendment to an approved area based management plan.

(2) Section 89 (2) and (3) [area based management plans – plan development] applies to an order to amend an area based management plan.

(3) The minister may approve, with or without further amendment, an amendment to an area based management plan.

(4) Upon approval of an amendment, the area based management plan is conclusively deemed, for all purposes, to be as modified by the amendment.

8 Section 91 is amended by striking out "and" at the end of paragraph (a) and by adding the following paragraphs:

(c) an order under section 90.1 (1) [permits under area based management plan],

(d) an order under section 90.2 (1) [amendments to area based management plan], and

(e) if an amendment is approved under section 90.2 (3), the amendment.

9 Section 120 (10) is amended by striking out "an order under section 9 (3) [hazardous waste storage and disposal]," and substituting "an order under section 9 (3) [hazardous waste storage and disposal] or 90.1 (1) [permits under area based management plan],".

Protected Areas of British Columbia Act

10 Schedule C of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended in the description of Finn Creek Park

(a) by striking out "Plan 13 Tube 1783." and substituting "Plan 2 Tube 2012.", and

(b) by striking out "384 hectares." and substituting "380 hectares."

Part 4 – Finance Amendments

Income Tax Act

11 Section 79 of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended

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

"eligible activities" means

(a) prescribed digital animation or visual effects activities, and

(b) prescribed digital post-production activities; ,

(b) in subsection (2) (b) by striking out everything after "section 82.1 to 82.3," and by adding the following subparagraphs:

(i) each episode is to be considered a separate production, and

(ii) in the case of two or more episodes constituting one cycle of the series, sections 82.1 to 82.3 and the regulations, as they read on the date on which principal photography of the first eligible episode began, apply for the purpose of determining the amount of the tax credit in respect of the other eligible episodes of the cycle. , and

(c) by adding the following subsection:

(3) In subsection (2) (b) (ii):

"eligible episode" means an episode of a cycle of a series for which episode a corporation is eligible for, and has made or is making an application in accordance with section 85 for, a tax credit under section 82.1;

"first eligible episode" means the eligible episode of the cycle for which episode principal photography began before the beginning of principal photography of the other eligible episodes of that cycle.

12 Section 81.2 is amended

(a) in subsection (2) by striking out "The amount" and substituting "Subject to subsection (3), the amount",

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

(3) For a qualifying corporation to claim a tax credit in the amount determined under subsection (2) in respect of an eligible production, the following rules apply:

(a) in addition to the other requirements in subsection (1), principal photography of the production must begin before the date prescribed for the purposes of this paragraph;

(b) the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2002". ,

(c) in subsection (5) (a) by striking out "after February 28, 2010;" and by adding the following subparagraphs:

(i) after February 28, 2010, and

(ii) before the date prescribed for the purposes of subsection (3) (a); ,

(d) in subsection (7) (a) by striking out "after February 28, 2015;" and by adding the following subparagraphs:

(i) after February 28, 2015, and

(ii) before the date prescribed for the purposes of subsection (3) (a); , and

(e) by adding the following subsections:

(8) Subject to subsection (9), the amount of the tax credit that may be claimed by a qualifying corporation under this section in respect of an eligible production is 11% of the amount determined by the formula

(9) For a qualifying corporation to claim a tax credit in the amount determined under subsection (8) in respect of an eligible production, the following rules apply:

(a) in addition to the other requirements in subsection (1), principal photography of the production must begin on or after the date prescribed for the purposes of subsection (3) (a);

(b) in the case of eligible activities that are prescribed digital post-production activities, the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "February 28, 2015".

(10) In addition to the tax credit that may be claimed under subsection (8) but subject to subsection (11), the amount of the tax credit that may be claimed by a qualifying corporation under this section in respect of an eligible production is the prescribed percentage, if any, of the amount determined by the formula in subsection (8).

(11) For a qualifying corporation to claim a tax credit in the amount determined under subsection (10) in respect of an eligible production, the following rules apply:

(a) in addition to the other requirements in subsection (1),

(i) the corporation must be eligible for a tax credit in respect of the production under subsection (8), and

(ii) principal photography of the production must begin

(A) on or after the date prescribed for the purposes of this clause, and

(B) before the date prescribed for the purposes of this clause,

in respect of the prescribed percentage referred to in subsection (10);

(b) in the case of eligible activities that are prescribed digital post-production activities, the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "February 28, 2015".

13 Section 82.1 is amended

(a) in subsection (6) by striking out "calculated" and substituting "determined",

(b) in subsection (6) (a) by striking out "after December 31, 2004;" and by adding the following subparagraphs:

(i) after December 31, 2004, and

(ii) before the date prescribed for the purposes of this subparagraph; ,

(c) by repealing subsection (8) and substituting the following:

(8) For an accredited production corporation to claim a tax credit in the amount determined under subsection (7) in respect of an accredited production, the following rules apply:

(a) in addition to the other requirements in subsection (1), principal photography of the production must begin before the date prescribed for the purposes of subsection (6) (a) (ii);

(b) despite paragraph (a) in the definition of "accredited BC labour expenditure" in section 79 (1), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007". ,

(d) in subsection (10) (a) by striking out "after February 28, 2010;" and by adding the following subparagraphs:

(i) after February 28, 2010, and

(ii) before the date prescribed for the purposes of subsection (6) (a) (ii); , and

(e) by adding the following subsections:

(11) In addition to the tax credit that may be claimed under subsection (2) but subject to subsection (12), the amount of the tax credit that may be claimed by an accredited production corporation under this section is the prescribed percentage, if any, of the accredited qualified BC labour expenditure of the corporation for the taxation year in respect of the accredited production.

(12) For an accredited production corporation to claim a tax credit in the amount determined under subsection (11) in respect of an accredited production, in addition to the other requirements in subsection (1),

(a) the corporation must not be eligible to claim a tax credit under any of subsections (5), (7) and (9) in respect of the production, and

(b) principal photography of the production must begin

(i) on or after the date prescribed for the purposes of this subparagraph, and

(ii) before the date prescribed for the purposes of this subparagraph,

in respect of the prescribed percentage referred to in subsection (11).

14 Section 82.3 is amended

(a) in subsection (2) by striking out "The amount" and substituting "Subject to subsection (3), the amount",

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

(3) For an accredited production corporation to claim a tax credit in the amount determined under subsection (2) in respect of an accredited production, the following rules apply:

(a) in addition to the other requirements in subsection (1), principal photography of the production must begin before the date prescribed for the purposes of this paragraph;

(b) despite paragraph (a) in the definition of "accredited BC labour expenditure" in section 79 (1), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2002". ,

(c) in subsection (5) (a) by striking out "after February 28, 2010;" and by adding the following subparagraphs:

(i) after February 28, 2010, and

(ii) before the date prescribed for the purposes of subsection (3) (a); ,

(d) in subsection (7) (a) by striking out "after February 28, 2015;" and by adding the following subparagraphs:

(i) after February 28, 2015, and

(ii) before the date prescribed for the purposes of subsection (3) (a); , and

(e) by adding the following subsections:

(8) Subject to subsection (9), the amount of the tax credit that may be claimed by an accredited production corporation under this section is 11% of the amount of the corporation's accredited qualified BC labour expenditure for the taxation year directly attributable to eligible activities for the accredited production.

(9) For an accredited production corporation to claim a tax credit in the amount determined under subsection (8) in respect of an accredited production, the following rules apply:

(a) in addition to the other requirements in subsection (1), principal photography of the production must begin on or after the date prescribed for the purposes of subsection (3) (a);

(b) in the case of eligible activities that are prescribed digital post-production activities, despite paragraph (a) in the definition of "accredited BC labour expenditure" in section 79 (1), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "February 28, 2015".

(10) In addition to the tax credit that may be claimed under subsection (8) but subject to subsection (11), the amount of the tax credit that may be claimed by an accredited production corporation under this section is the prescribed percentage, if any, of the amount of the corporation's accredited qualified BC labour expenditure for the taxation year directly attributable to eligible activities for the accredited production.

(11) For an accredited production corporation to claim a tax credit in the amount determined under subsection (10) in respect of an accredited production, the following rules apply:

(a) in addition to the other requirements in subsection (1),

(i) the corporation must be eligible for a tax credit in respect of the production under subsection (8), and

(ii) principal photography of the production must begin

(A) on or after the date prescribed for the purposes of this clause, and

(B) before the date prescribed for the purposes of this clause,

in respect of the prescribed percentage referred to in subsection (10);

(b) in the case of eligible activities that are prescribed digital post-production activities, despite paragraph (a) in the definition of "accredited BC labour expenditure" in section 79 (1), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "February 28, 2015".

15 Section 96 is amended

(a) by adding the following subsections:

(2.1) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing a date for the purposes of section 81.2 (3) (a);

(b) prescribing a percentage, not exceeding 9%, for the purposes of section 81.2 (10), including prescribing different percentages for eligible productions for which principal photography begins before, on or after different dates;

(c) prescribing a date for the purposes of section 81.2 (11) (a) (ii) (A) in respect of a percentage prescribed under paragraph (b) of this subsection;

(d) prescribing a date for the purposes of section 81.2 (11) (a) (ii) (B) in respect of a percentage prescribed under paragraph (b) of this subsection.

(2.2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing a date for the purposes of section 82.1 (6) (a) (ii);

(b) prescribing a percentage, not exceeding 22%, for the purposes of section 82.1 (11), including prescribing different percentages for accredited productions for which principal photography begins before, on or after different dates;

(c) prescribing a date for the purposes of section 82.1 (12) (b) (i) in respect of a percentage prescribed under paragraph (b) of this subsection;

(d) prescribing a date for the purposes of section 82.1 (12) (b) (ii) in respect of a percentage prescribed under paragraph (b) of this subsection.

(2.3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing a date for the purposes of section 82.3 (3) (a);

(b) prescribing a percentage, not exceeding 9%, for the purposes of section 82.3 (10), including prescribing different percentages for accredited productions for which principal photography begins before, on or after different dates;

(c) prescribing a date for the purposes of section 82.3 (11) (a) (ii) (A) in respect of a percentage prescribed under paragraph (b) of this subsection;

(d) prescribing a date for the purposes of section 82.3 (11) (a) (ii) (B) in respect of a percentage prescribed under paragraph (b) of this subsection. , and

(b) in subsection (3) by adding ", other than under subsections (2.1), (2.2) and (2.3)," after "Part".

Insurance Act

16 Section 1 of the Insurance Act, R.S.B.C. 2012, c. 1, is amended in the definition of "mutual company" by striking out "as in" and substituting "as "mutual fire insurance company" in".

Mutual Fire Insurance Companies Act

17 Section 2 of the Mutual Fire Insurance Companies Act, R.S.B.C. 1960, c. 262, is amended

(a) by renumbering the section as section 2 (1),

(b) in subsection (1) by repealing the definition of ""mutual fire insurance company" or "mutual company" or "company"" and substituting the following:

"mutual fire insurance company" means a company organized in terms of this Act and, except to the extent authorized under section 8 (e), empowered only to transact mutual-insurance business; , and

(c) by adding the following subsection:

(2) A reference in this Act to a "company" or to a "mutual company" is to be read as a reference to a "mutual fire insurance company".

18 Section 4 is amended by striking out "19" in both places and substituting "20".

19 Section 8 (e) is amended by striking out everything after "of the company," and substituting "it may incorporate, or purchase and hold or dispose of shares in, a corporation as defined in the Business Corporations Act."

Part 5 – Natural Gas Development Amendments

Ministry of Lands, Parks and Housing Act

20 Section 5 of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is amended by adding the following paragraph:

(b.1) to develop land or improvements for the purpose of providing housing, or for multiple purposes, one of which is the provision of housing, and to manage housing and developments that include housing; .

21 Section 10 (3) (b) is repealed and the following substituted:

(b) conferring on the British Columbia Housing Management Commission powers and duties respecting housing, including, without limitation, the following powers or duties:

(i) to provide social and other services to a person for the purposes of assisting the person to

(A) access housing,

(B) achieve stability in housing, or

(C) maintain or increase independence in respect of housing;

(ii) to develop land or improvements for the purpose of providing housing, or for multiple purposes, one of which is the provision of housing, and to manage housing and developments that include housing; .

Validation Provision

Ministry of Lands, Parks and Housing Act – validation

22  (1) All things done that would have been validly done had, on September 7, 1978,

(a) sections 5 (b.1) and 10 (3) (b) of the Ministry of Lands, Parks and Housing Act, as enacted by this Act, been in force, and

(b) the Lieutenant Governor in Council conferred on the British Columbia Housing Management Commission the powers and duties referred to in section 10 (3) (b) of the Ministry of Lands, Parks and Housing Act, as enacted by this Act,

are conclusively deemed to have been validly done.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Part 6 – Small Business and Red Tape
Reduction Amendments

Liquor Control and Licensing Act

23 Section 1 of the Liquor Control and Licensing Act, S.B.C. 2015, c. 19, is amended in the definition of "monetary penalty" by adding "or 53.1" after "section 51 (2) (b)".

24 Section 12 is amended by striking out everything before paragraph (a) and substituting "An application made under this Part to the general manager must".

25 Section 51 is amended

(a) by repealing subsection (8) (d) and substituting the following:

(d) agrees that the action of the general manager and the reasons for taking that action, set out in an order under subsection (9), will form part of the compliance history of the licensee. ,

(b) in subsection (9) by striking out everything before paragraph (a) and substituting "If the general manager makes a determination against a licensee, the general manager must, in an order given to the licensee,", and

(c) by repealing subsection (10) and substituting the following:

(10) A monetary penalty imposed by an order under subsection (9) must be paid within 30 days after the date on which the licensee receives the order or within a longer period that the general manager specifies in the order.

26 The following section is added:

Reconsiderations

53.1  (1) In this section:

"applicant" means a person who applies under subsection (2) for a reconsideration of a section 51 order;

"reconsideration order" means an order of the general manager under subsection (9);

"section 51 order" means an order of the general manager under section 51 (9) other than an order based on a signed waiver referred to in section 51 (8).

(2) The following persons who receive a section 51 order may apply to the general manager for a reconsideration of the order:

(a) a licensee referred to in section 51;

(b) a former licensee or deemed licensee referred to in section 52;

(c) a permittee or former permittee referred to in section 53.

(3) A reconsideration is, subject to subsection (4), a review on the record and may be based on only one or more of the prescribed grounds.

(4) The general manager may, in a reconsideration of a section 51 order, consider new evidence only if the general manager is satisfied that the new evidence

(a) is substantial and material to the reconsideration, and

(b) did not exist when the section 51 order was given or did exist at that time but was not discovered and could not, through the exercise of reasonable diligence, have been discovered.

(5) The general manager must not accept an application for a reconsideration of a section 51 order unless the following requirements are met:

(a) the application is in the form the general manager establishes;

(b) the application identifies one or more of the prescribed grounds on which the application is based;

(c) the application includes a submission setting out the applicant's argument with respect to the prescribed grounds identified under paragraph (b);

(d) subject to subsection (6), the general manager receives the application within 30 days after the date on which the applicant receives the section 51 order.

(6) The general manager may extend the deadline in subsection (5) (d) if the general manager is satisfied that

(a) special circumstances existed that prevented the applicant from meeting the deadline, and

(b) an injustice would result if no extension were granted.

(7) Despite section 51, if the general manager accepts an application for a reconsideration of a section 51 order, the actions specified in the order are stayed until the general manager makes a reconsideration order with respect to the section 51 order.

(8) The general manager must give written notice to the applicant that the application has been accepted or rejected.

(9) The general manager may, in a reconsideration order, confirm, vary or rescind the section 51 order that is the subject of the reconsideration, and a reconsideration order that confirms or varies a section 51 order replaces the section 51 order.

(10) Section 51 (1) to (6) applies to a reconsideration of a section 51 order.

(11) The general manager must, in a reconsideration order given to the applicant,

(a) set out the reasons for making the order, and

(b) when the order confirms or varies the actions of the section 51 order that is the subject of the reconsideration, set out the details of the action under the reconsideration order, including,

(i) if a monetary penalty is imposed, the amount of the penalty and the date by which the penalty must be paid, and

(ii) if a licence suspension is imposed, the period of the suspension and the dates on which the suspension must be served.

(12) A monetary penalty confirmed, varied or imposed by a reconsideration order must be paid within 30 days after the date on which the applicant receives the order or within a longer period that the general manager specifies in the order.

(13) A monetary penalty paid in accordance with a section 51 order must be refunded if the requirement to pay the penalty has been rescinded by a reconsideration order.

27 Section 54 is amended by adding "or 53.1 (12)" after "section 51 (10)".

28 Section 55 (1) is amended by adding "or 53.1" after "section 51 (2) (b)" and after "section 51 (2) (c)".

29 The following section is added to Division 3 of Part 6:

Refunds

55.1  The following refunds must be paid out of the consolidated revenue fund:

(a) a refund of a monetary penalty under section 53.1 (13);

(b) a refund required by a regulation under section 83 (d).

30 Section 71 is amended by adding "or 53.1" after "section 51".

31 Section 72 is amended by striking out "general manager gives" and substituting "applicant receives".

32 Section 83 is amended

(a) in paragraph (a) by adding the following subparagraph:

(ii.1) by applicants who apply under section 53.1 (2) for a reconsideration of an order under section 51, , and

(b) by adding the following paragraph:

(d) respecting the circumstances in which fees paid by an applicant who applies under section 53.1 (2) for a reconsideration of an order under section 51 must be refunded.

33 Section 85 (1) is amended

(a) in paragraph (a) by adding "or 53.1" after "section 51",

(b) in paragraph (b) by adding "or 53.1" after "section 51 (2) (b)",

(c) in paragraph (c) by adding "or 53.1" after "section 51 (2) (c)",

(d) by adding the following paragraph:

(c.1) respecting the grounds on which an application under section 53.1 (2) may be based; , and

(e) in paragraph (d) (i) by adding "or 53.1" after "section 51".

Commencement

34  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: