Bill 24 – 2018: Miscellaneous Statutes Amendment Act (No. 2), 2018

HONOURABLE DAVID R. P. EBY
ATTORNEY GENERAL

BILL 24 – 2018

MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 2), 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: [College and Institute Act, section 50] removes the requirement for the Minister of Finance to consent to the acquisition and disposal of land or buildings.

1 Section 50 (2) of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended by striking out "and the Minister of Finance".

SECTION 2: [Infants Act, section 16] extends the time for payment or transfer of property and passing of accounts to as late as the date a former ward described in the section reaches 27 years of age, if the former ward and the Public Guardian and Trustee have entered into an agreement of trusteeship.

(a) in subsection (1) by striking out "On termination of" and substituting "Subject to subsection (3), on termination of", and

(a) who was, until reaching 19 years of age, in the continuing custody of the director under the Child, Family and Community Service Act and had the Public Guardian and Trustee acting as property guardian, or

(b) who was, until reaching 19 years of age, under the property guardianship of the Public Guardian and Trustee under section 51 of the Infants Act,

reaches 19 years of age and enters into an agreement with the Public Guardian and Trustee under section 6 (b) (v) of the Public Guardian and Trustee Act, subsection (1) does not apply until the earlier of the following:

SECTION 3: [Liquor Control and Licensing Act, section 15] authorizes the general manager to impose on a licence terms and conditions dealing with minors in an establishment or service area.

3 Section 15 (2) (b) of the Liquor Control and Licensing Act, S.B.C. 2015, c. 19, is repealed and the following substituted:

(b) minors entering and being in an establishment or a service area and the employment of minors in an establishment or a service area; .

SECTION 4: [Liquor Control and Licensing Act, section 26] authorizes the general manager to impose on an authorization terms and conditions dealing with minors at an event site or in a service area.

(b) minors entering and being at an event site or in a service area and the employment of minors at an event site or in a service area; .

SECTION 5: [Liquor Control and Licensing Act, section 31] authorizes the general manager to impose on a permit terms and conditions dealing with minors at an event site or in a service area.

(b) minors entering and being at an event site or in a service area and the employment of minors at an event site or in a service area; .

SECTION 6: [Liquor Control and Licensing Act, section 49] expands the grounds on which the general manager can suspend or cancel a licence to include failing to provide or report information or records as required under specified provisions of the Act, the regulations or the terms and conditions.

(2) If a licensee fails to provide or report information or a record to the general manager as required under section 42 or 59, the regulations or the terms and conditions of the licensee's licence or fails to pay a fee required to maintain the licensee's licence, the general manager may, on written notice to the licensee,

(a) suspend all or part of the licensee's licence until the information or record is provided or reported or the fees are paid, or

SECTION 7: [Liquor Control and Licensing Act, section 55] removes an unnecessary reference to "permittee's permit".

SECTION 8: [Liquor Control and Licensing Act, section 79]

section 79 (1) provides that licensees, permittees, their employees and persons who sell liquor in a liquor store must not allow minors in certain areas if this is prohibited by the terms and conditions or by the regulations;
section 79 (2) provides that licensees and permittees must not employ minors in certain areas except as provided by the terms and conditions or by the regulations;
section 79 (3) provides that a person does not contravene section 79 (1) and (2) if prescribed identification is examined and there is reason to believe the identification is authentic.

Minors in establishment, event site, service area or liquor store

79 (1) A licensee or permittee, an employee of a licensee or permittee, or a person who sells liquor in a liquor store must not allow a minor to enter or be in or at an establishment, service area, event site or liquor store if it is prohibited

(2) A licensee or permittee must not employ a minor in or at an establishment, service area or event site except as provided

(3) A person does not contravene subsection (1) or (2) if the person, in reaching the conclusion that another person is not a minor,

SECTION 9: [Liquor Distribution Act, section 1] amends the definition of "authorized vendor" by adding a person who is issued a special event permit under the Liquor Control and Licensing Act.

9 Section 1 of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended in the definition of "authorized vendor" by adding the following paragraph:

(c.2) a person to whom a special event permit is issued under the Liquor Control and Licensing Act, .

SECTION 10: [Property Law Act, section 34]

expands the classes of persons who may apply for an order as set out in that section;
expands the classes of persons in respect of whom compensation must be provided as set out in that section.

(a) in subsection (1) by striking out "The owner of a dwelling house on one parcel of land" and substituting "The owner of a parcel of land on which there is a building, structure, improvement or work",

(a) the building, structure, improvement or work is so close to the boundary of the adjoining land that repair or work on the part of the building, structure, improvement or work that adjoins the boundary cannot be carried out without entering the adjoining land, and , and

(b) that the owner who obtains the order must compensate the adjoining owner for damage caused, in the course of carrying out repair or work under the order, by the owner who obtains the order, or by anyone employed or engaged by or on behalf of the owner who obtains the order, in an amount to be determined by the court if the owners cannot agree; .

SECTION 11: [Public Guardian and Trustee Act, section 7.1] authorizes the Public Guardian and Trustee to authorize payment for the education, maintenance and benefit of an adult under 27 years of age and otherwise described in the section.

11 The Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by adding the following section:

Use of trust money for young adult's benefit

(i) was in the continuing custody of the director under the Child, Family and Community Service Act and had the Public Guardian and Trustee acting as property guardian, or

(ii) was under the property guardianship of the Public Guardian and Trustee under section 51 of the Infants Act,

the Public Guardian and Trustee may, during the term of the trusteeship, authorize payment of all or part of the trust money for the maintenance, education or benefit of the adult.

SECTION 12: [Procurement Services Act, section 5] removes a restriction on persons to whom the minister may delegate under the Act.

12 Section 5 (a) of the Procurement Services Act, S.B.C. 2003, c. 22, is amended by striking out "to a person employed in the government or in a government organization," and substituting "to any person,".

SECTION 13: [Business Corporations Act, section 205] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

(a) by adding "or" at the end of paragraph (a) and by repealing paragraph (b), and

SECTION 14: [Business Corporations Act, Division 4 of Part 7] removes the ability of the Auditor Certification Board to certify a person to act as an auditor of a company.

SECTION 15: [Cooperative Association Act, section 110] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

15 Section 110 (1) of the Cooperative Association Act, S.B.C. 1999, c. 28, is amended

SECTION 16: [Credit Union Incorporation Act, section 39.51] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

16 Section 39.51 of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is repealed and the following substituted:

Qualifications

39.51 The auditor of a credit union must be a person who is a member of, or a partnership whose partners are members of, a provincial or territorial institute or ordre of chartered accountants, or a provincial or territorial organization of chartered professional accountants, within Canada.

SECTION 17: [Financial Institutions Act, section 118] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

17 Section 118 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended

SECTION 18: [Societies Act, section 11] adds, as temporarily provided for in section 3 of the Societies Transitional Interim Regulation, rules respecting the voting threshold for a special resolution in a society's bylaws that exceeds the voting threshold set out in the Act.

18 Section 11 (4) of the Societies Act, S.B.C. 2015, c. 18, is repealed and the following substituted:

(4) If the bylaws of a society provide for a higher voting threshold than the threshold set out in the definition of "special resolution" in section 1 [definitions] to effect any action that, under this Act, requires authorization by special resolution, the provisions of the bylaws prevail if they

(a) set out the higher voting threshold as a fraction or percentage of the votes cast or as a specific number of votes,

(b) establish the higher voting threshold by requiring a unanimous decision of all the voting members, or

(5) For certainty, an action referred to in subsection (4) includes altering all or part of one or more provisions of a society's constitution or bylaws.

(6) Despite subsection (4), a society must not have a bylaw that provides for a higher voting threshold to remove a director from office under section 50 (1) (a) [removal of directors].

SECTION 19: [Societies Act, section 20] requires societies to keep, in the minutes of each meeting of members or directors, the text of each resolution voted on at the meeting.

19 Section 20 (1) (i) and (2) (a) (ii) is amended by striking out "passed at the meeting;" and substituting "voted on at the meeting;".

SECTION 20: [Societies Act, section 107] provides that the registrar

may furnish a written notice to a society that the registrar will issue an order requiring the society to provide the registrar with a copy of a record, or an explanation of why the record is not being provided, unless the copy or explanation is provided within 15 days of the notice, and
must set out in the notice an explanation of the applicant's claim to entitlement to obtain access to, or a copy of, the record and must furnish a copy of that notice to the applicant.

(1.1) If, on the application of a person referred to in subsection (1), it appears to the registrar that a society has, contrary to section 24, 25, 27 or 28, failed to provide the applicant with access to, or a copy of, a record, the registrar may furnish a written notice to the society that the registrar will issue an order under subsection (2) of this section unless the society provides to the registrar within 15 days after the date on which the notice is furnished whichever of the following the society chooses to provide:

(b) a signed statement of a director or senior manager of the society that sets out the reason why access to, or a copy of, the record is not being provided to the applicant.

(a) set out in a notice under subsection (1.1) an explanation of the basis on which the applicant claims to be entitled to obtain access to, or a copy of, the record, and

(2) If a society referred to in a notice under subsection (1.1) does not provide to the registrar, in accordance with the notice, a copy of the record or a signed statement of a director or senior manager, the registrar must order the society to provide to the registrar whichever of the following the society chooses to provide:

(c) in subsection (5) by striking out "under subsection (2) (a)" and substituting "under subsection (1.1) (a) or (2) (a)", and

(d) in subsection (6) by striking out "under subsection (2) (b)" and substituting "under subsection (1.1) (b) or (2) (b)".

SECTION 21: [Societies Act, section 112] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

Persons qualified to act as auditor

112 A person is qualified to act as an auditor of a society only if the person is a member of, or is a partnership whose partners are members of, a provincial or territorial institute or ordre of chartered accountants, or a provincial or territorial organization of chartered professional accountants, within Canada.

SECTION 22: [Societies Act, section 161] removes the 21-day waiting period for the restoration of societies that were dissolved for specified reasons within the year before the application for restoration.

(a) the society was dissolved under section 214 [involuntary dissolution by registrar] for one or more of the reasons set out in section 214 (1) (a) to (d), and for no other reason under that section, and

(b) the application for restoration is filed no later than one year after the date of dissolution.

SECTION 23: [Societies Act, section 232.1] ensures, as temporarily provided for in section 2 of the Societies Transitional Interim Regulation, that a reference in the Act to a special resolution includes a special resolution passed or consented to before the Act came into force.

References to special resolutions

232.1 A reference in this Act to a special resolution includes a special resolution, as defined in section 1 of the former Act, passed or consented to, as the case may be, before November 28, 2016.

SECTION 24: [Societies Act, section 241.1] prohibits, as temporarily provided for in section 4 of the Societies Transitional Interim Regulation, a pre-existing society from passing a special resolution to alter provisions of its bylaws that were previously unalterable or that are reporting society provisions until the society has filed its transition application.

Timing of special resolution authorizing alteration to
previously unalterable provision or reporting society provision in bylaws

241.1 A pre-existing society must not submit to the registrar for filing a bylaw alteration application under section 17 [alterations to bylaws] in relation to a provision that, under section 240 (2) (b) (iii), is identified in the bylaws of the society as having previously been unalterable or that is a reporting society provision referred to in section 240 (2) (b) (iv), unless the special resolution referred to in section 17 (2) authorizing the alteration is passed or consented to, as the case may be, after the society has filed the society's transition application under section 240.

Transitional Provisions

SECTION 25: [Societies Act transition – registrar may order access or copies] provides transitional rules for the application of amendments made to section 107 of the Societies Act by this Bill in relation to applications made to the registrar under that section before the amendments come into force.

Societies Act transition – registrar may order access or copies

25 (1) Subject to subsection (2), section 107 of the Societies Act, as amended by this Act, applies in relation to an application made to the registrar under section 107 (1) of the Societies Act before the date on which section 20 of this Act comes into force.

(2) Section 107 of the Societies Act, as it read immediately before the date on which section 20 of this Act comes into force, applies in relation to an application referred to in subsection (1) of this section if the registrar has, before that date, made an order under section 107 (2) of the Societies Act in relation to the application.

SECTION 26: [Societies Act transition – restoration by registrar] provides a transitional rule for the application of the amendment made to section 161 of the Societies Act by this Bill in relation to restoration applications filed with the registrar before the amendment comes into force.

Societies Act transition – restoration by registrar

26 Section 161 (2.1) of the Societies Act, as enacted by this Act, applies in relation to a restoration application filed with the registrar under section 160 of the Societies Act before the date on which section 22 of this Act comes into force.

Consequential Amendments

SECTION 27: [Business Practices and Consumer Protection Authority Act, section 28] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

27 Section 28 (1) of the Business Practices and Consumer Protection Authority Act, S.B.C. 2004, c. 3, is amended by striking out "or (b)".

SECTION 28: [Freedom of Information and Protection of Privacy Act, Schedule 2] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

28 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

SECTION 29: [Land Title and Survey Authority Act, section 36] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

29 Section 36 (1) of the Land Title and Survey Authority Act, S.B.C. 2004, c. 66, is amended by striking out "or (b)".

SECTION 30: [Safety Authority Act, section 30] is consequential to the repeal of Division 4 of Part 7 of the Business Corporations Act by this Bill.

30 Section 30 (1) of the Safety Authority Act, S.B.C. 2003, c. 38, is amended by striking out "or (b)".

Part 5 – Forests, Lands, Natural Resource Operations
and Rural Development Amendments

SECTION 31: [Riparian Areas Protection Act, section 13]

clarifies existing regulation-making powers;
authorizes regulations that establish methods and criteria for studies, assessments, reports and opinions to refer, for limited purposes, to technical manuals published by the minister.

31 Section 13 (2) of the Riparian Areas Protection Act, S.B.C. 1997, c. 21, is amended

(a) in paragraph (e) by adding "methods and" before "criteria" and by striking out "including methods of assessment",

(e.1) establishing methods and criteria under paragraph (e) by reference to a technical manual published under section 13.1 if the reference is for the purpose of providing that

(i) a study, assessment, report or opinion is to be performed, made or provided in accordance with the manual, and

(ii) the minister may refuse to accept a study, assessment, report or opinion that is not performed, made or provided in accordance with the manual or is not complete; , and

SECTION 32: [Riparian Areas Protection Act, section 13.1] authorizes the minister to publish technical manuals.

Technical manuals

13.1 (1) The minister may publish technical manuals for the purposes of section 13 (2) (e.1).

(2) Manuals under subsection (1) must be published in a manner that can reasonably be expected to bring the manuals to the attention of

(b) persons engaged to perform the studies or assessments, make the reports or provide the opinions referred to in section 13 (2) (d).

SECTIONS 33 AND 34: [Capital Region Water Supply and Sooke Hills Protection Act, sections 2 and 3] change the requirements from approval by the minister to approval by the inspector of municipalities.

33 Section 2 (3) and (6) of the Capital Region Water Supply and Sooke Hills Protection Act, S.B.C. 1997, c. 5, is amended by striking out "approved by the minister" and substituting "approved by the inspector of municipalities".

(3) The bylaw under subsection (2) has no effect unless it is approved by the inspector of municipalities and for that purpose section 257 (3) of the Municipal Act applies. , and

(b) in subsection (6) by striking out "approved by the minister" and substituting "approved by the inspector of municipalities".

SECTION 35: [Islands Trust Act, section 1] adds a definition of "Islands Trust Conservancy" and repeals the definition of "trust fund board".

"Islands Trust Conservancy" means the board of trustees referred to in section 40 (1); , and

SECTION 36: [Islands Trust Act, heading to Part 6] is self-explanatory.

SECTION 37: [Local Government Act, section 434] provides the minister with the authority to make regulations for public hearings.

37 Section 434 of the Local Government Act, S.B.C. 2015, c. 1, is amended by adding the following subsection:

(3.1) The minister may make regulations respecting the procedure to be used for hearings under subsection (3).

SECTION 38: [Local Government Act, section 563] makes housekeeping amendments.

(a) in subsection (1) by striking out "means development" and substituting "means a development", and

(b) in subsection (2) by striking out "subsection (4)" and substituting "subsection (6)".

SECTION 39: [Local Government Act, section 644] makes a housekeeping amendment.

39 Section 644 (2) (b) (ii) is amended by striking out "fueled" and substituting "fuelled".

SECTION 40: [The Cultus Lake Park Act, section 2] adds a definition of "leaseholder".

40 Section 2 of The Cultus Lake Park Act, S.B.C. 1932, c. 63, is repealed and the following substituted:

Definitions

"leaseholder" means a person who holds a lease for a building site for private or public use in the Park for a period not exceeding 21 years;

"Park" means Cultus Lake Park, comprising the following lands and premises: Fractional part of Legal Subdivisions 11, 13, and 14 of Section 25, and Legal Subdivisions 3 and 4 of Section 36, Township 22, east of the Coast meridian together with any lands that may at any time be added thereto or set apart for the purpose of being administered as part of Cultus Lake Park.

SECTION 41: [The Cultus Lake Park Act, section 6] provides that leaseholders are registered owners of real property for the purpose of non-resident property electors registering to vote in elections for Cultus Lake representatives.

(d) Despite section 41 (4) (d) of the School Act, a leaseholder is a registered owner of real property for the purpose of non-resident property electors registering to vote in an election of the Cultus Lake representatives.

SECTION 42: [The Cultus Lake Park Act, section 25] provides that leaseholders are registered owners of real property for the purpose of non-resident property electors registering to vote in specified elections and assent voting under the Local Government Act and for school trustees in elections under the School Act.

Other elections and voting

25 (1) Despite section 66 (4) (d) of the Local Government Act, a leaseholder is a registered owner of real property for the purpose of non-resident property electors registering to vote

(a) in an election for electoral area director under Part 3 of the Local Government Act, and

(b) in assent voting within the meaning of Part 4 of the Local Government Act.

(2) Despite section 41 (4) (d) of the School Act, a leaseholder is a registered owner of real property for the purpose of non-resident property electors registering to vote in an election for school trustees.

SECTIONS 43 AND 44: [Vancouver Charter, sections 2. and 165.7] remove references to the Board of Police Commissioners.

43 Section 2. of the Vancouver Charter, S.B.C. 1953, c. 55, is amended in the definition of "other administrative body" by striking out "and the Board of Police Commissioners".

SECTIONS 43 AND 44: [Vancouver Charter, sections 2. and 165.7] remove references to the Board of Police Commissioners.

44 Section 165.7 (h) is amended by striking out ", other than the Board of Police Commissioners".

SECTION 45: [Vancouver Charter, section 206C.] is self-explanatory.

206C. The Council may, subject to the approval of the Lieutenant-Governor in Council, by by-law, provide for a pension for any member of Council.

SECTION 46: [Vancouver Charter, section 206D.] is consequential to amendments made by this Bill.

SECTION 47: [Vancouver Charter, section 306.] makes a housekeeping amendment.

47 Section 306. (1) (bb) (ii) is amended by striking out "license" and substituting "licence".

SECTION 48: [Vancouver Charter, section 523D.] makes a housekeeping amendment.

48 Section 523D. (10) (a) is amended by striking out "section 396 (c) (iv)," and substituting "section 396 (1) (c) (iv),".

Transitional Provisions

SECTION 49: [Transition – Islands Trust Conservancy]

provides that the trust fund board is continued as the Islands Trust Conservancy;
provides that persons who are members of the board of trustees on the date the section is brought into force continue to be members of the board of trustees;
deems references to the trust fund boards to be references to the Islands Trust Conservancy.

Transition – Islands Trust Conservancy

"Islands Trust Conservancy" means the Islands Trust Conservancy as defined in section 1 of the Islands Trust Act;

"trust fund board" means the trust fund board as defined in section 1 of the Islands Trust Act as it read immediately before the date this section comes into force.

(2) The board of trustees previously referred to as the trust fund board is continued as a board of trustees with the name Islands Trust Conservancy.

(3) A person who is a member of the trust fund board on the date this section comes into force continues as a member of the Islands Trust Conservancy.

(4) A reference to the trust fund board in any commercial paper, lease, licence, permit or other contract, instrument or document is deemed to be a reference to the Islands Trust Conservancy.

Consequential and Related Amendments

SECTIONS 50 AND 51: [Library Act, sections 5 and 17] provide that appointments must be made at the first regular meeting after a general local election.

50 Section 5 (3) of the Library Act, R.S.B.C. 1996, c. 264, is amended by striking out "December" and substituting "November".

SECTIONS 50 AND 51: [Library Act, sections 5 and 17] provide that appointments must be made at the first regular meeting after a general local election.

51 Section 17 (2) is amended by striking out "December" and substituting "November".

SECTION 52: [Ombudsperson Act, Schedule] is consequential to the amendments made to the Islands Trust Act by this Bill.

52 Item 11 of the Schedule to the Ombudsperson Act, R.S.B.C. 1996, c. 340, is amended by striking out "Trust Fund Board" and substituting "Islands Trust Conservancy".

SECTIONS 53 AND 54: [Various statutes] make housekeeping amendments.

53 The Acts listed in Column 1 of Schedule 1 are amended in the provisions listed opposite them in Column 2 by striking out "Greater Vancouver Regional District" wherever it appears and substituting "Metro Vancouver Regional District".

SECTIONS 53 AND 54: [Various statutes] make housekeeping amendments.

54 The Acts listed in Column 1 of Schedule 2 are amended in the provisions listed opposite them in Column 2 by striking out "trust fund board" wherever it appears and substituting "Islands Trust Conservancy".

Commencement

55 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:

"Greater Vancouver Regional District" to
"Metro Vancouver Regional District"

Explanatory Notes