Bill 7 – 2018: Miscellaneous Statutes Amendment Act, 2018

HONOURABLE DAVID R. P. EBY
ATTORNEY GENERAL

BILL 7 – 2018

MISCELLANEOUS STATUTES AMENDMENT ACT, 2018

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

SECTION 1: [Crown Proceeding Act, section 15] transfers to the Attorney General the responsibility for preparing the report to the Legislative Assembly.

1 Section 15 of the Crown Proceeding Act, R.S.B.C. 1996, c. 89, is repealed and the following substituted:

Report to Legislative Assembly

15 The Attorney General must prepare in each fiscal year a report respecting the money paid out in the preceding fiscal year under sections 13 (4) and 14 (4) and lay the report before the Legislative Assembly as soon as practicable.

SECTION 2: [Interpretation Act, section 20] clarifies the time at which an appointment begins and ends by setting out in one section the rules that apply to the determination of those times.

2 Section 20 of the Interpretation Act, R.S.B.C. 1996, c. 238, is repealed and the following substituted:

Appointments of officers

20 (1) In this section, "appointing instrument" means an enactment that appoints a person to an office.

(2) An authority under an enactment to appoint a public officer is authority to appoint during pleasure.

(3) An appointment made by an appointing instrument begins at the beginning of the day the appointment is effective.

(4) Unless earlier terminated by the appointee, an appointment made by an appointing instrument ends,

(a) if the day the appointment terminates is specified in the appointing instrument, at the beginning of the day specified,

(b) if the day the appointment terminates is not specified in the appointing instrument, at the end of the last day of the term of the appointment, unless paragraph (c), (d) or (e) applies,

(c) if the appointment is terminated by an enactment that specifies the day the termination is effective, at the beginning of the day specified,

(d) if the appointment is terminated by an enactment that does not specify the day the termination is effective, at the beginning of the day on which the enactment is made, and

(e) if the appointment is terminated and another person is appointed to the same office by the same enactment, when the new appointment begins.

(5) Section 4 [time of commencement or repeal] does not apply to an appointing instrument or an enactment referred to in subsection (4) (c), (d) or (e).

SECTION 3: [Interpretation Act, sections 25 to 25.5]

clarifies the rules for determining the beginning or end of periods of time by defining the day to be excluded in the case of periods of days and weeks and, in the case of periods of months or years, by providing directions that automatically exclude the proper day;
makes separate rules for determining the beginning or end of periods of days and weeks, months and years.

General rules for determining beginning or end of periods of time

25 (1) In sections 25.2 to 25.4, "reference day" means any of the following by reference to which the beginning or end of a period of time must be determined:

(2) This section and sections 25.1 to 25.5 also apply to a deed, conveyance or other legal instrument unless specifically provided otherwise in the deed, conveyance or other legal instrument.

(3) A period for doing an act that is determined under section 25.2, 25.3 or 25.4 to begin or end on a holiday begins or ends, as the case may be,

(a) if the reference day is before the period, on the next day that is not a holiday, and

(b) if the reference day is after the period, on the previous day that is not a holiday.

(4) A period for doing an act in a business office that is determined under section 25.2, 25.3 or 25.4 to begin or end on a day on which the office is not open during regular business hours begins or ends, as the case may be, as follows:

(a) on the next day the office is open during its regular business hours, unless paragraph (b) applies;

(i) the office is regularly closed on the day the period is determined under the applicable section to begin or end, and

Calculation of age

25.1 A person reaches a particular age expressed in years at the beginning of the relevant anniversary of the person's birth date.

Determining the beginning or end of periods of days or weeks

(2) Subject to subsection (3), the beginning or end of a period of one day or consecutive days or of one week or consecutive weeks, expressed in relation to a reference day, is to be determined as follows:

(a) if the reference day is before the period, by counting forward from and including the day after the reference day;

(b) if the reference day is after the period, by counting backward from and including the day before the reference day.

(3) If a period described in subsection (2) is expressed as "clear" days or weeks or "at least" or "not less than" a number of days or weeks,

(a) the beginning or end of the period, as determined under subsection (2) (a), is one day later, and

(b) the beginning or end of the period, as determined under subsection (2) (b), is one day earlier.

Determining the beginning or end of periods of months

25.3 (1) Subject to subsection (2), the beginning or end of a period of one month or consecutive months, expressed in relation to a reference day, is to be determined as follows:

(a) if the reference day is before the period, by going forward to and including the date numerically corresponding to the reference day in the calendar month in which the period begins or ends, as the case may be;

(b) if the reference day is after the period, by going backward to and including the date numerically corresponding to the reference day in the calendar month in which the period begins or ends, as the case may be.

(2) If a period described in subsection (1) is expressed as "clear" months or "at least" or "not less than" a number of months,

(a) the beginning or end of the period, as determined under subsection (1) (a), is one day later, and

(b) the beginning or end of the period, as determined under subsection (1) (b), is one day earlier.

(3) If the beginning or end of a period determined under subsection (1) or subsections (1) and (2), as applicable, would fall on a date that does not occur in the calendar month in which the period begins or ends, the period begins or ends, as the case may be, on the last day of that month.

Determining the beginning or end of periods of years

25.4 (1) Subject to subsection (2), the beginning or end of a period of one year or consecutive years, expressed in relation to a reference day, is to be determined as follows:

(a) if the reference day is before the period, by going forward to and including the date numerically corresponding to the reference day in the same calendar month as the reference day in the year in which the period begins or ends, as the case may be;

(b) if the reference day is after the period, by going backward to and including the date numerically corresponding to the reference day in the same calendar month as the reference day in the year in which the period begins or ends, as the case may be.

(2) If a period described in subsection (1) is expressed as "clear" years or "at least" or "not less than" a number of years,

(a) the beginning or end of the period, as determined under subsection (1) (a), is one day later, and

(b) the beginning or end of the period, as determined under subsection (1) (b), is one day earlier.

(3) If the beginning or end of a period determined under subsection (1) or subsections (1) and (2), as applicable, would be February 29 and February 29 does not occur in the year in which the period begins or ends, the period begins or ends, as the case may be, on February 28.

If day specified is holiday or office closed

25.5 (1) If a day that is specified for doing an act falls on a holiday, the day falls on the next day that is not a holiday.

(2) If a day that is specified for doing an act in a business office falls on a day on which the office is not open during regular business hours, the day falls on the next day the office is open during its regular business hours.

SECTION 4: [Interpretation Act, section 26]

defines "Pacific Standard Time" and "Pacific Daylight Saving Time";
provides that references to time are to Pacific Standard Time unless a regulation prescribing the period for Daylight Saving Time is applicable at the time.

Pacific Standard Time and Pacific Daylight Saving Time

(2) Except during periods prescribed under subsection (3) (a), a reference to time in British Columbia is a reference to Pacific Standard Time.

(a) prescribing a period in each year in which a reference to time is, for general purposes in British Columbia, a reference to Pacific Daylight Saving Time, and

SECTION 5: [Interpretation Act, section 32] clarifies that references in enactments of British Columbia to enactments of Canada or another province or territory of Canada are references to those enactments as amended, if they have been amended, or as replaced, if they have been repealed and replaced, revised or consolidated and such references to foreign enactments are to the foreign enactment as it read on the day the enactment in which the reference is made was enacted.

References to enactments

(a) the repeal and replacement of the domestic enactment with a domestic enactment in relation to the same subject matter, and

"domestic enactment" means an Act or a regulation, or a portion of an Act or regulation, of British Columbia, Canada or another province of Canada;

"foreign enactment" means an Act or a regulation, or a portion of an Act or regulation, of a jurisdiction outside Canada.

(2) If a domestic enactment is amended, a reference in an unrepealed enactment of British Columbia to the domestic enactment is to be construed, for a subsequent transaction, matter or thing, as a reference to the amended domestic enactment.

(3) Subsection (2) applies whether the domestic enactment is amended before, at the same time as or after the coming into force of the enactment of British Columbia in which the reference to the domestic enactment appears.

(4) If a domestic enactment is repealed and not replaced with a domestic enactment in relation to the same subject matter, a reference in an unrepealed enactment of British Columbia to the domestic enactment is to be construed, for a subsequent transaction, matter or thing, as a reference to the repealed domestic enactment as it read immediately before its repeal.

(5) A reference in an enactment of British Columbia to a foreign enactment is to be construed as a reference to the foreign enactment as it read on the date the enactment of British Columbia containing the reference to that foreign enactment was enacted.

SECTION 6: [Interpretation Act, section 36] is consequential to the amendments made by this Bill to section 32 of the Interpretation Act.

(a) in subsection (1) by adding "and" at the end of paragraph (d), by striking out "and" at the end of paragraph (e) and by repealing paragraph (f), and

SECTION 7: [Ministry of Provincial Secretary and Government Services Act, section 7] removes an unnecessary reference.

7 Section 7 of the Ministry of Provincial Secretary and Government Services Act, R.S.B.C. 1996, c. 309, is amended by striking out "and archives" after "certified extracts from the registers".

Transitional Provision

SECTION 8: [Transition – section 25 of Interpretation Act]

authorizes the parties to legal instruments to which the new sections 25 to 25.5 of the Interpretation Act would apply to choose to rely on section 25 (3) of the Interpretation Act as it read before its replacement as section 25 (4) of the Interpretation Act by this Bill;
provides that section 25 (3) of the Interpretation Act, as it read before its replacement as section 25 (4) of the Interpretation Act by this Bill, applies in relation to the determination of the beginning or end of periods under an enactment if the reference day for the period occurs, or the period begins or ends, on or before the date section 8 comes into force.

Transition – section 25 of the Interpretation Act

8 (1) Unless the parties otherwise agree, section 25 (3) of the Interpretation Act, as it read immediately before the date this section comes into force, applies in relation to the determination of the beginning or end of a period contained in a legal instrument, other than an enactment, that has unfulfilled obligations on the date this section comes into force.

(2) Section 25 (3) of the Interpretation Act, as it read immediately before the date this section comes into force, applies in relation to the determination of the beginning or end of a period under an enactment if

(a) the reference day in relation to the period occurs on or before the date this section comes into force, or

(b) the period begins or ends on or before the date this section comes into force.

Consequential Amendments

SECTION 9: [Community Charter, section 3 of Schedule] is consequential to the repeal and replacement by this Bill of section 25 of the Interpretation Act.

9 Section 3 of the Schedule to the Community Charter, S.B.C. 2003, c. 26, is amended by striking out "section 25 (7) [calculation of time] of the Interpretation Act" and substituting "section 26 [Pacific Standard Time and Pacific Daylight Saving Time] of the Interpretation Act".

SECTION 10: [Election Act, sections 56 and 75] is consequential to amendments made by this Bill to section 26 of the Interpretation Act dealing with Pacific Standard Time and Pacific Daylight Saving Time.

10 Sections 56 (3) and 75 (3) of the Election Act, R.S.B.C. 1996, c. 106, are amended by striking out "Pacific Standard time or Pacific Daylight time" and substituting "Pacific Standard Time or Pacific Daylight Saving Time".

SECTION 11: [Local Government Act, section 48] is consequential to the repeal and replacement by this Bill of section 25 of the Interpretation Act.

11 Section 48 of the Local Government Act, R.S.B.C. 2015, c. 1, is repealed and the following substituted:

Time not extended for voting days

48 Sections 25 (3) and (4) and 25.5 (1) and (2) of the Interpretation Act, extending a time period if the time for doing an act expires or falls on a holiday or on a day when a business office is not open during regular business hours, do not apply to a voting day.

SECTION 12: [Local Government Act, section 3 of Schedule] is consequential to the repeal and replacement by this Bill of section 25 of the Interpretation Act.

12 Section 3 of the Schedule is amended by striking out "section 25 (7) [calculation of time] of the Interpretation Act" and substituting "section 26 [Pacific Standard Time and Pacific Daylight Saving Time] of the Interpretation Act".

SECTION 13: [Mineral Tenure Act, section 6.5] is consequential to the repeal and replacement by this Bill of section 25 of the Interpretation Act.

13 Section 6.5 of the Mineral Tenure Act, R.S.B.C. 1996, c. 292, is amended by striking out "Section 25 (2) and (3) of the Interpretation Act does not apply to a time specified" and substituting "Sections 25 (3) and (4) and 25.5 (1) and (2) of the Interpretation Act do not apply to a time specified, or the expiration of a period".

SECTION 14: [Public Guardian and Trustee Act, section 21] is consequential to the amendment made by this Bill to section 15 of the Crown Proceeding Act.

14 Section 21 (6) of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by striking out "statement referred to in section 15 (1) of the Crown Proceeding Act" and substituting "report referred to in section 15 of the Crown Proceeding Act".

SECTION 15: [Vancouver Charter, section 8.] is consequential to the repeal and replacement by this Bill of section 25 of the Interpretation Act.

15 Section 8. of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:

Time not extended for voting days

8. Sections 25 (3) and (4) and 25.5 (1) and (2) of the Interpretation Act, extending a time period if the time for doing an act expires or falls on a holiday or on a day when a business office is not open during regular business hours, do not apply to a voting day.

SECTION 16: [Vancouver Charter, section 194.] is consequential to moving the definition of "Pacific Standard Time" from section 25 to section 26 of the Interpretation Act and makes a housekeeping amendment for consistent terminology and capitalization of "Greenwich Mean Time".

16 Section 194. is amended by striking out "Greenwich time" and substituting "Greenwich Mean Time" and by striking out "Pacific Standard time as defined in section 25 (7) of the Interpretation Act" and substituting "Pacific Standard Time as defined in section 26 (1) of the Interpretation Act".

SECTION 17: [Cooperative Association Act, section 36] imposes requirements on the directors of a housing cooperative

to serve a person, whose membership in the housing cooperative is terminated for financial default, with notice in the prescribed form of the person's right to appeal the termination to the Supreme Court, and
to cause the housing cooperative to comply with conditions that are prescribed by regulation.

17 Section 36 of the Cooperative Association Act, S.B.C. 1999, c. 28, is amended

(a) in subsection (1) by striking out "A member of an association whose membership" and substituting "A person whose membership in an association",

(b) in subsection (1) (a) by striking out "member's" and substituting "person's",

(d) in subsection (2) (e) by striking out "on the member" and substituting "on the person and cause the housing cooperative to comply with other prescribed conditions", and

(3) The notice referred to in subsection (2) (e) must be accompanied by a notice in the prescribed form of the person's right to appeal the termination under section 37 (3).

SECTION 18: [Cooperative Association Act, section 39] makes the wording of section 39 consistent with the wording of sections 36 and 37 of the Act.

SECTION 19: [Cooperative Association Act, section 211] clarifies the authority to make regulations in relation to conditions that are imposed on a housing cooperative when a person's membership in the housing cooperative is terminated.

(a.1) prescribing conditions for the purposes of sections 36 (2) (e) and 37 (2.1) (b) and establishing rules respecting those conditions; .

SECTION 20: [Building Act, section 3] provides that the Regulations Act does not apply to a building regulation and requires publication of notice in the Gazette if a building regulation is enacted, amended, repealed or replaced.

20 Section 3 of the Building Act, S.B.C. 2015, c. 2, is amended by adding the following subsections:

(4) Notice of the enactment, amendment, repeal or replacement of a building regulation must be published in the Gazette.

SECTION 21: [Fire Services Act, section 47] provides that the Regulations Act does not apply to a regulation under section 47 (2) (g) of the Act and requires publication of notice in the Gazette if a regulation under that section is enacted, amended, repealed or replaced.

21 Section 47 of the Fire Services Act, R.S.B.C. 1996, c. 144, is amended by adding the following subsections:

(4) The Regulations Act does not apply to a regulation under subsection (2) (g).

(5) Notice of the enactment, amendment, repeal or replacement of a regulation under subsection (2) (g) must be published in the Gazette.

Consequential Amendment

SECTION 22: [Fire Safety Act, section 48.1] provides that the Regulations Act does not apply to a BC fire code and requires publication of notice in the Gazette if a BC fire code is enacted, amended, repealed or replaced.

22 The Fire Safety Act, S.B.C. 2016, c. 19, is amended by adding the following section:

Regulations Act does not apply to BC fire code

(2) Notice of the enactment, amendment, repeal or replacement of a BC fire code must be published in the Gazette.

Commencement

23 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