AIS Nonottr 11 c (n eutenant-c.iovernor a NI intittded

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1 1577 le committee o/ council ittimit /or the consideration AIS Nonottr 11 c (n eutenant-c.iovernor a NI intittded "Miscellaneous Statutes Amendment Act, 1983" and advise that the Jame le transmitted 4 Menage to the c,tegiitalive Asieta4. Victoria, 19th dm) o/ September Mender oi IL evocative Council Alpproveddli 19th dart, o/ September ej,;)/4q..."7 tell all/. clovernor

2 lk:=754=0- Government Bill First Session, Thirty-third Parliament 32 Elizabet4 II, 1983 Legislative Assembly of British Columbia BILL MISCELLANEOUS STATUTES it4 F}ffII wr ACT Honourable Brian P.D. Smith Attorney General

3 MISCELLANEOUS STATUTES B4ENDREKT ACT, 1963 Explanatory Notes Assessment Authority Act SECTION 1: Provides that the remuneration of members of the board of directors is fixed by the Lieutenant Governor in Council. SECTION 2: Consequential amendment to the amendments to sections 2 and 10. SECTION 3: Provides for the appointment of the board of directors of the authority and of the assessment commissioner and for the determination of the commissioner's terms of employment. SECTION 4: Makes the provision respecting payment of grants under the Municipal Grants Act, 1980 (Canada) parallel to those in the Municipal Act to ensure that all grants in lieu of taxes in the preceding year are promptly payable to the authority by February 1 of the year following the year in which they were received. Chiropractors Act SECTION 5: Broadens the definition of "chiropractic" to accord with other jurisdictions. 1r,

4 ATTORNLM GENERAL. BILL No. ] [1983 MISCELLANEOUS STATINES IMENINERT ACT, 1983 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: Assessment Authority Act Amendments 1. Section 2 (2) of the Assessment Authority Act, R.S.B.C. 1979, c. 22, is amended by striking out "by a bylaw approved". 2. Section 9 (a) is repealed. 3. Section 10 is repealed and the following substituted: Appointment of assessment commissioner and members of the authority 10. (1) The Lieutenant Governor in Council may appoint (a) the assessment commissioner, and (h) members of the board of directors of the authority. (2) The Lieutenant Governor in Council shall appoint a member of the authority as chairman of the board of directors. (3) The assessment commissioner shall be paid remuneration, shall receive the superannuation and other benefits and be subject to the terms and conditions of employment determined by the Lieutenant Governor in Council. 4. Section 16 (3.1) is repealed and the following substituted: (3.1) On or before February 1 in each year, the amount received by the Surveyor of Taxes or the tax collector in a municipality by way of grant in lieu of taxes under the Municipal Grants Act, 1980 (Canada) from the government of Canada or from a corporation included in Schedule III. or IV of that Act in the immediately preceding calendar year shall be paid to the authority in an amount attributable to the portion of the grant that is received for authority purposes. Chiropractors Act Amendments 5. The definition of "chiropractic" in section 1 of the Chiropractors Act, R.S.B.C. 1979, c. 50, is repealed and the following substituted:

5 2 SECTION 6: Consequential amendment. SECTION 7: Consequential amendment. Document Disposal Act SECTIONS 8 to 11: Permit orderly control on an ongoing basis with the approval of the Select Standing Committee on Public Accounts and Economic Affairs concerning the transfer, destruction or other disposition of routine government documents such as receipts, vouchers and general correspondence.

6 2 "chiropractic" means the branch of the healing arts that is concerned with the restoration and maintenance of health by the adjustment by hand only of the articulations of the human body and that is involved primarily with the relationship of the spinal column to the nervous system. 6. Section 9 (2) is amended by striking out "human spinal column" in both places and substituting "articulations of the human body". 7. Section 13 is amended by striking out "spinal column or manipulating or adjusting by hand of the ribs or their articulations for the purpose of adjusting the articulations of the human spinal column" and substituting "body". Document Disposal Act Amendments a. Section 1 of the Document Disposal Act, R.S.B.C. 1979, c. 95, is amended (a) by repealing the definition of "documents" and substituting the following: "document" includes a record as defined in the Interpretation Act:, and (b) by adding the following definition: "records schedule" means a prescribed timetable that (a) describes a document's lifespan from the date on which it was created to the date of its final disposition, including the periods of its active and dormant stages either as waste or as a document of legal or historical value to be permanently preserved, and (b) provides instructions as to the manner and time of the disposition of a document under this Act. 9. Section 3 (2) 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: (c) it is (i) listed in a records schedule approved by the Select Standing Committee of the Legislative Assembly on Public Accounts and Economic Affairs, and (ii) destroyed in accordance with the instructions in the records schedule. 10. Section 3 (5) is amended by striking out "ministerial office" and substituting "ministerial office,". 11. Section 6 is repealed and the following substituted: Regulations 6. The Lieutenant Governor in Council may make regulations, including regulations

7 3 Education (Interim) Finance Act SECTION 12: Provides that adjustments in net taxable values may also be r.4de during the current taxation year. SECTION 13: Provides municipalities with an option respecting the payment of regional taxes. SECTION 14: Consequential to Bills 7 and 12. Financial Administration Act SECTION 15: The repeal of the definitions of "guarantee" and "indemnity" gives those words their normal legal meaning and enables the government to give a guarantee with conditions controlled by regulation and policy where no specific statutory authority exists. SECTIONS 16 and 17: The amendments remove anomalies in the Act that restricted the giving of guarantees to a greater degree than it did the giving of indemnities that exposed the government to a potentially greater risk.

8 3 (a) designating and establishing classes and series for the purposes of section 3 (3), (b) respecting the transfer, destruction or other disposition of documents or classes or series of documents under section 3 (3), and (c) prescribing the form and content of records schedules. Education (Interim) Finance Act Amendments 12. Section 19 of the Education (Interim) Finance Act, S.B.C. 1982, c. 2, is amended by striking out "may be adjusted in the next year" and substituting "may be adjusted in the current taxation year or the next year". 13. Section 20 is amended (a) in subsection (3) (b) by adding "subject to subsection (3.1)," before "on December 31 of each year", and (b) by adding the following subsections: (3.1) A municipality may, on December 31 of each taxation year and on the last day of each succeeding month until all taxes imposed under this Part for that taxation year have been collected, pay to the Minister of Finance the amount of taxes that it collects by each of those dates. (3.2) Where a municipality elects to comply with subsection (3.1) instead of subsection (3) (b), it shall, in addition to the taxes it pays to the Minister of Finance, pay to him all penalties and interest that it collects in respect of those taxes. 14. Section 25 is amended (a) in subsection (3.1) by striking out everything after paragraph (a) and substituting the following: (b) farm improvements exclusively used to operate a farm other than (i) a dwelling house, and (ii) the fixtures, machinery or things referred to in subsection (4) to the extent that their assessed value exceeds $ , and (b) by adding the following subsection: (4) Fixtures, machinery and similar things located on farm land and used exclusively to operate a farm which, if erected or placed in, on, under or affixed to land, or to a building, fixture or structure in, on or under the land would, between landlord and tenant, be removable by the tenant are exempt from taxation for school purposes under this Act. Financial Administration Act Amendments 15. The definitions of "guarantee" and "indemnity" in section 1 (1) of the Financial Administration Act, S.B.C. 1981, c. 15, are repealed. 16. Section 56 (1) is repealed.

9 4 Hospital Act SECTIONS 18 to 21: Confer recognized statue on dentists in hospitals and in connection with appeals under, fhe Act. Housing and Employment Development Financing Act SECTIONS 22 to 24: Consequential to the repeal of the Employment Development Act in Bill 16. Hydro and Power Authority Act SECTION 25: Consequential to the Human Rights Act. Indian Cut-off Lands Disputes Act SECTION 26: Corrects a citation error.

10 4 17. Section 56 (2) is amended by striking out "No indemnity," and substituting "No guarantee or indemnity,". Hospital Act Amendments 18. Section 1 of the Hospital Act, R.S.B.C. 1979, c. 176, is amended by adding the following definition: r ' "dentist" means a person entitled to practise dentistry or dental surgery under the Dentists Act;. 19. Sections 18 (1) (b), 24 (1) and 36 (3) (h) are amended by adding "or dentist" after "medical practitioner" wherever it appears. 20. Section 37 is amended (a) in subsection (1) by adding "and dentists" after "medical practitioners", (b) in subsection (1) (c) by adding "or dentistry" after "medicine", and (c) in subsection (5) (a) by adding "or dentistry" after "medicine". 21. Section 43 (1) is amended by adding "or dentist" after "medical practitioner". Housing and Employment Development Financing Act Amendments 22. The definition of "committee" in section 1 of the Housing and Employment Development Financing Act, S.R.C. 1982, c. 34, is repealed. 23. Section 3 is amended by striking out "committee" and substituting "authority". 24. Section 4 is amended by striking out ", to finance projects and programs recommended by the committee". Hydro and Power Authority Act Amendment 25. Section 52 (6) of the Hydro and Power Authority Act, R.S.B.C. 1979, c. 188, is amended by striking out "Human Rights Code," and substituting "Human Rights Act,". Indian Cut-off Lands Disputes Act Amendment 26. Section 1 of the Indian Cut-off Lands Disputes Act, S.B.C. 1982, c. 50, is amended in the definition of "cut-off lands" by striking out "British Columbia Indian Affairs Settlement Act," and substituting "British Coliabi7a Indian Lands Settlement Act,".

11 5 Insurance Premium Tax Act SECTION 27: Provides that a 6 year limitation runs from the time that a return was made. Island; Trust Act SECTION 28 (a): Clarifies that the powers of section 719 respecting development cost charges remain with the regional district which provides the service. SECTIONS 28 (b) and (c) and 29: Consequential to the amendments to the Municipal Act in Bill 9. SECTION 30: Has the effect of removing Protection Island, which is now in the City of Nanaimo, from the Islands Trust area. This eliminates a conflict in jurisdiction between the City and the Islands Trust. Land Act SECTION 31: Provides for simplification of the process for granting rights of way and easements. Land Title Act SECTION 32: Necessary amendment in relation to computerization under the Land Title Act.

12 5 Insurance Premium Tax Act Amendment 27. Section 13 (b) of the Insurance Premium Tax Act, R.S.B.C. 1979, c. 205, is repealed and the following substituted: (b) within 6 years from the date of delivery of a return for a calendar year, in any other case,. Islands Trust 4ct Amendments 28. Section 4 (2) (h) of the Islands Trust Act, R.S.B.C. 1979, c. 208, is amended (a) in subparagraph (i) by striking out "section 708 and divisions (1), (2), (3) and (4)" and substituting "sections 708, 716 to 718, 720 to 728 and divisions (1), (2) and (4)", (b) in subparagraph (ii) by striking out "807 to 813" and substituting "809 to 811", and (c) by striking out "815,". 29. Section 8 is amended (a) in subsection (1) by striking out "regional plan,", (b) by repealing subsection (6), and (c) in subsection (7) by striking out "regional plan,". 30. Schedule A is amended by adding ", the City of Nanaimo" after "the City of Vancouver". Land Act Amendment 31. Section 37 of the Land Act, R.S.B.C. 1979, c. 214, is amended (a) by repealing subsection (3), and (h) in subsection (4) by adding "or right of way" after "easement" and by striking out "Lieutenant Governor in Council" and substituting "minister". Land Title Act Amendment 32 Section 274 (1) (a) of the Land Title Act, R.S.B.C. 1979, c. 219, is amended by striking out "certificates of title," and substituting "indefeasible titles,".

13 6 Liquor Control and Licensing Act SECTION 33: Consequential to the Human Rights Act. Liquor Distribution Act SECTION 34: Provides for duty free liquor stores to be allowed to be open on Sundays and other holidays. Livestock Protection Act SECTION : The amendment to section 9 (4) was overlooked when preparing amendments to this Act in the 1982 Special Appropriations Act. Municipal Act SECTION 36: Transitional provision that allows bylaws to remain in force Where a municipality is incorporated into another munienality. SECTION 37: Transitional provision that allows bylaws of a regional district to rp.main in force in an area that is incorporated into a municipality. SECTION 38: Transitional provision that allows bylaws of an improvement district to remain in force in an area that is incorporated into a municipality. SECTION 39: This amendment (a) clarifies that the procedure set out in section 767 (5) is an alternative procedure to the one set out in section 767 (4), not a mandatory procedure, where the function requested is of a regulatory nature or a service of general application or benefit, (b) is a consequential amendment to (a), and (c) clarifies that the Lieutenant Governor in Council may establish or cancel an electoral area as well as redefine the boundaries of one. 15

14 6 Liquor Control and Licensing Act Amendment Section 47 (1) of the Liquor Control and Licensing Act, P.S.B.C. 079, c. 237, is amended by striking out. "Human Rights Code." and substituting "Human Rights Act." Liquor Distribution Act Amendment 34. Section 16 of the Liquor Distribution ' Act, R.S.B.C. is amended by adding the following: (3) Notwithstanding subsection (2), the general manager specify that a duty free liquor store may remain open on Easter Sunday. 1979, c. 238, may, by order, Sundays except Livestock Protection Act Amendment. Section 9 (4) of the Livestock Protection Act, R.S.B.C. 1979, c. 245, is amended by adding "consolidated revenue" before "fund,". Municipal Act Amendments 36. Section 13 (2) of the Municipal Act, R.S.B.C. 1979, c. 290, is amended by adding the following paragraph: (g) that the bylaws of a municipality dissolved on incorporation continue in force in the area that is within the boundaries of the dissolved municipality until amended or repealed by the council of the municipality being incorporated. 37. Section 31 is amended by renumbering the section as section 31 (1) And by adding the following subsection: (2) Notwithstanding subsection (1), where a municipality is incorporated or the area of a municipality is extended, a provision of a bylaw adopt.x1 by a regional district that applies to the area continues in force as if it were a bylaw of the municipality until it is amended or repealed by the council. 38. Section 33 is amended by adding "and, in addition, may specify that the bylaws of the improvement district continue in force in the part of the improvement district that is within the municipality until amended or repealed by the council" at the end. 39. Section 767 is amended (a) by repealing subsection (5) and substituting the following: (5) Where a function requested is of a regulatory nature or a service of general application or benefit to the inhabitants of the member municipal ities that are uo participate, the regional board may, instead of com-

15 7 SECTION 40: Clarifies that the powers in the section apply Where a regional district has established a specified area under section 770 as well as under letters patent and clarifies that the regional district can impose taxes and regulation services in the specified area. SECTION 41: Transitional provision that allows bylaws of an improvement district to remain in force in an area that is incorporated into a regional district. SECTION 42: Transitional provision that allows bylaws of a development district, improvement district or water user community to remain in force when it is incorporated into an improvement district. Municipalities Enabling and Validating Act SECTION 43: (a) Section 247 enables Vancouver, Delta and the Greater Vancouver Sewerage and Drainage District to enter into an agreement to dispose of waste in Burns Bag Landfill Site, and (h) section 248 enables Abbotsford to levy charges in respect of connection to works constructed by Mountain Village Developments Ltd. 1S

16 7 plying with subsection (4), make a request under subsection (3) as long as the request has received the affirmative vote of at least 2/3 of the directors having among them 2/3 of the votes and has received the consent of at least 2/3 of the member municipalities which are to participate. (5.1) For the purposes of subsection (5), where a member municipality is an electoral area, the consent in writing of the director representing the electoral area shall be deemed to be the consent of that member municipality., (b) in subsection (6) by striking out "under subsection (5)" wherever it appears and substituting "as a result of a request made using the procedure provided in subsection (5)", and (c) in subsection (11) by adding "establish a further electoral area or eliminate an existing electoral area," after "redefine the boundaries of an electoral area,". 40. Section 794 is amended (a) in subsection (7) by striking out all the words before "provide that the amount" and substituting "Where a board has established a specified area pursuant to section 770 (1) or letters patent, the bylaw establishing the specified area may, if approved by the inspector,", and (b) by adding the following subsection: (7.1) Where a hoard has established a specified area, it has all the powers of a municipality under this Act to (a) impose rates, charges and frontage and parcel taxes, and (h) regulate the work or service provided. 41. Section 804 (1) is amended by adding "and, in addition, may specify that the bylaws of the improvement district continue in force in the part of the improvement district that is within the regional district until amended or repealed by the regional board" at the end. 47. Section 824 (2) is amended by adding ", and, in addition, he may specify that the bylaws of the dissolved development district, improvement district or water user's community continue in force in the area that was formerly within its boundaries until amended or repealed by the trustees of the improvement district that has undertaken its functions" at the end. Municipalities Enabling and Validating Act Amendment 43. The Municipalities Enabling and Validating Act, R.S.B.C. 1960, c. 261, is amended by adding the following:

17 8 Pension (Municipal) Act SECTION 44: Excludes money paid in lieu of vacation from the definition of "salary". 3s

18 8 Validation of agreement for waste disposal 247. (1) Notwithstanding any other enactment or law to the contrary, the City of Vancouver, the Municipality of Delta and the Greater Vancouver Sewerage and Drainage District may enter into an agreement respecting the disposal of waste in the Corporation of Delta substantially in the form filed with the Deputy Minister of Environment and certified by him as the agreement referred to in tbis section. (2) Notwithstanding any other kactment or law to the contrary, but in accordance with the terms of the agreement entered into under subsection (1), (a) the Greater Vancouver Sewerage and Drainage District may dispose of waste, and (b) the City of Vancouver may receive, deposit, dispose of and store waste, on the land described in the agreement as the Burns Bog Landfill Site and the Supplementary Landfill Site. Authorization to levy charge 248. Notwithstanding the Municipal Act or any other law to the contrary, the District of Abbotsford may levy the charges authorized by the District of Abbotsford Bylaws Nos , and on any person who makes a connection within the extensions of water works, sanitary sewer works and storm drainage works installed by Mountain Village Developments Ltd. in the District of Abbotsford. Pension (Municipal) Act Amtmdments 44. Section 1 of the Pension (Municipal) Act, R.S.B.C. 1979, c. 317, is amended in the definition of "salary" (a) by striking out ", money paid in lieu of vacation", and (b) by striking out everything after "does not include" and substituting the following: (a) money paid in lieu of vacation, (b) overtime pay, unless the employer, by resolution, determines otherwise, and (c) a lump sum payment or special payments made, within 5 years of the termination of employment or retirement of an employee, in recognition of service or as retroactive salary adjustments, unless the Provincial Secretary approves the inclusion of those payments;.

19 9 SECTION 45: Corrects an error. Pension (Public Service) Act SECTION 46: Excludes money paid in lieu of vacation from the definition of "salary". Purchasing Commission Act SECTION 47: Gives the commission discretion to grant credit in respect of supplies returned under section 14 (1). SECTION 48: Self explanatory. Resort Municipality of Whistler Act

20 9 45. Section 36 is amended by striking out "In this section" and substituting "In section 37". Pension (Public Service) Act Amendment 46. The definition of "salary" in section 1 of the Pension (Public Service) Act, R.S.B.C. 1979, c. 318, is repealed and the following substituted: r r "salary" means the sum of the wages, pay for night duty, service bonuses and vacation pay, but (a) does not include overtime pay, money paid in lieu of vacation or any other allowances except those approved for inclusion in salary by regulation, and (b) in respect of that part of an employee's first years of pensionable service occurring after March 31, 1966 and before April 1, 1971, shall be deemed not to exceed $ a year:. Purchasing Commission Act Amendment 4'. Section 14 of the Purchasing Commission Act, R.S.B.C. 1979, c. 0, is amended (a) by renumbering it as section 14 (1), (b) by striking out everything after "that ministry or public institution.", and (0 by adding the following subsection: (2) The commission may, in respect of supplies returned under subsection (1), grant credit on an equitable basis in respect of the supplies that were returned. Resort Municipality of Whistler Act Amendment 4P. The Resort Municipality of Whistler Act, S.B.C. 1975, c. 67, is amended by adding the following sections: Property tax exemption 11.1 All land, improvements or both, within the municipality, of which Whistler Village Land Company Ltd. or W.L.C. Developments Ltd. is the owner, is exempt from real property taxes imposed under any enactment, until December 31 of the year in which Whistler Village Land Company Ltd. or W.L.C. Developments Ltd., as the case may be, ceases to be the owner. Approval of bylaws by minister 11.2 (1) No bylaw of the municipality adopted under Part 21, Division 1, 2 or 3 of the Municipal Act takes effect until it is approved in writing by the minister. (2) This section is repealed on December 31, 1992.

21 10 Social Service Tax Act SECTION 49: Clarifies the definition of "use" for purposes of taxation under the Act. This amendment reflects policy currently found in the existing regulations. SECTION 50: (a) Provides that subsection (4) applies to a person Who intends to reside or carry on business in the Province, and (b) ensures that subsection (4) applies to employees or other representatives who may conduct activities that constitute carrying on a business in the Province for the purposes of that subsection. This amendment reflects policy currently found in the regulations. SECTION 51: Permits the Lieutenant Governor in Council to exempt certain tangible personal property from the application of the Act. Taxation (Rural Area) Act SECTION 52: Clarifies that the charge holder referred to in section 30 (3) must have a charge registered in the land title office.

22 10 Social Service Tax Act Amendments 49. Section 1 of the Social Service Tax Act, R.S.B.C. 1979, c. 38d, is amended by adding the following definition: "use" includes (a) the exercise of any right or power over tangible personal property incidental to the ownership of it other than the sale of the property at a retail sale, and (b) the storing, keeping or retaining of tangible personal property for any purpose other than for resale or use outside the Province, but does not include the exercising of a right or power over or the storin7, keeping or retaining of tangible personal property that was brought into the Province for the purpose of (c) subsequently transporting it out of the Province for use outside the Province, or (d) being processed, fabricated, manufactured into, or attached to or incorporated into other tangible personal property that is to be transported outside of the Province for use solely outside of the Province;. 50. Section 2 is amended (a) in subsection (4) by striking out "A person residing or ordinarily resident or carrying on business in the Province" and substituting "A person (a) residing or ordinarily resident or carrying on business in the Province, or (b) entering the Province with the intention to reside or carry on business in the Province", and (b) by adding the following subsection: (4.1) For the purposes of subsection (4), a person shall be deemed to be carrying on business in the Province where an employee or other representative of that person carries on activities in the Province on that person's behalf for the purpose of promoting the sale or use of that person's products or services. Section 4 (1) is amended by adding the following paragraph: (z.9) tangible personal property that the Lieutenant Governor in Council may prescribe as exempted from taxation under this Act. Taxation (Rural Area) Act Amendment r)2. Section 38 (3) of the Taxation (Rural Area) Act, R.S.B.C. 1979, c. 400, is amended by striking out "charge holder" and substituting "registered charge holder".

23 11 Trust Company Act SECTION 53: This amendment requires a minimum of 21 days' notice to be given of a general meeting to pass a special resolution unless all the persons entitled to vote agree to waive the notice requirement. It also allows a special resolution to be passed without a general meeting Where there is unanimous support by those entitled to vote. SECTION 54: Allows a trust company to create classes of shares with special rights or restrictions. SECTION 55: This amendment allows trust ccmpanies to create nonvoting shares. SECTION 56: Provides the procedure for creating classes of shares with special rights or restrictions.

24 11 Trust Company Act Amendments 53. The definition of "special resolution" in section 1 of the Trust Company Act, R.S.B.C. 1979, c. 412, repealed and the following substituted: "special resolution" means (a) a resolution passed by a majority of not less than 3/4 of the votes cast by those members of a trust company who, being entitled to do so, vote i, person or by proxy at a general meeting of the trust company (i) of which notice as the articles provide, and in any case net less than 21 days' notice, specifying the intention to propose the resolution as a special resolution, has been duly given, or (ii) of which less than 21 days' notice was given where every member entitled to attend and vote at the meeting has agreed to waive the 21 days' notice requirement, or (b) a resolution consented to in writing by every member of a trust company who would have been entitled to vote in person or by proxy at a general meeting of the trust company, and a resolution so consented to shall be deemed to be a special resolution passed at a general meeting of the trust company;. 54. The following section is added: Classes of shares and acquisition of shares 7.1 (1) A company incorporated kinder this Part may, in its memorandum or articles, provide for shares of different classes with special rights and restrictions. (2) The company shall not redeem, purchase or otherwise acquire any of its shares except (a) by resolution of its directors, (b) in accordance with (i) the special rights and restrictions attached to those shares, and (ii) the memorandum and articles, and (c) with the written approval of the superintendent. (3) The company shall not re-issue a cancelled share or sell a share that it has redeemed or purchased except with the written approval of the superintendent. (4) The company shall not cancel a share without first notifying the superintencent. 5S. Section 9 (c) is amended by inserting ", unless otherwise provided in special rights and restrictions attached to a class of shares in the memorandum or articles," before "every member". Sc,. Section 18 (1) is amended by striking out "and" at the end of paragraph (c), by adding "and" at the end of paragraph (d) and by adding the following paragraph:

25 12 SECTION 57: This amendment (a) removes the requirement that a resolution be in a prescribed form, and (b) requires that the superintendent's approval of changes in the company's memorandum be in writing. SECTION 58: This amendment (a) requires that the superintendent's approval of changes in the company's articles be in writing, and (b) provides the procedure for creating classes of shares with special rights or restrictions. SECTION 59: This amendment makes additional provisions in the Company Act applicable to trust companies. SECTION 60: Consequential amendment resulting from creation of classes of shares. University Act SECTION 61: Consequential to the Human Rights Act. University Endowment Land Act SECTION 62: Provides the capacity to make regulations to control noise in the University Endowment Lands.

26 12 (e) subject to sections 250 and 251 of the Company Act, by special resolution alter its memorandum by (i) creating, defining and attaching special rights or restrictions to any shares, or (ii) varying or abrogating special rights or restrictions attached to any shares, whether issued or unissued. 57. Section 18 (2) is amended (a) by striking out "the prescribed resolution," and substituting lution referred to in subsection (1) (a) to (e),", and reso- (b) by adding "in writing" after "superintendent approves". 58. Section 19 is amended (a) in subsection (2) by adding "in writing" after "superintendent approves", and (C) by adding the following subsection: (4) Subject to sections 250 and 251 of the Comeany Act, a company incorporated under this Part may alter its articles in accordance with this section by (a) creating, defining and attaching special rights or restrictions to any shares, or (b) varying or abrogating special rights or restrictions attached to any shares, whether issued or unissued. 59. Section 22 (1) is amended (a) by striking out "229 to 239," and substituting "229 to 240,", (b) by adding "250, 251," after "246,", and (c) by adding "260 (1), 261, 262 (2) and (3), 263, 264," after "256 to 258,". 60 Section 76 (4) is repealed. University Act Amendment 61. Section 79 of the University Act, R.S.B.C. 1979, c. 419, is amended by striking out "Human Rights Code," and substituting "Human Rights Act,". University Endowment Land Act Amendment 62. Section 9 (2) of the University Endowment Land Act, R.S.B.C. 1979, c. 420, is amended by adding "and" at the end of paragraph (e) and by adding the following:

27 13 Waste Management Act SECTION 63: Clarifies who determines that a fire hazard exists and which fires are exempted from section 3 of the Waste Management Act. Water Utility Act SECTION 64: These definitions will give the words "compensation", "service" and "tenant" the same meaning as in the Utilities Commission Act. The purpose of this is to make it clear Whether a person Who is providing a water supply to tenants is or is not a water utility. West Coast National Park Act SECTION 65: Provides the minister with the power to exchange interests held under the Forest Act in Pacific Rim National Park for similar interests in areas outside the park.

28 13 (e) the control, prevention or prohibition of making or causing noises or sounds in or on the district lot referred to in section 1 (1) (a), except that part within the boundaries of the City of Vancouver, which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of persons in the vicinity. Waste Management, Act Amendment 63. Section 3 (3) (f) of the Waste Management Act, S.B.C. 1982, c. 41, is repealed and the following substituted: (f) fires set or controlled. by a person acting under an order of a district manager, as defined under the Forest Act, or a local assistant, as defined under the Fire Services Act, where the district manager or local assistant (i) orders the fire for training purposes, or (ii) determines that a fire hazard exists and orders its removal by burning,. Water Utility Act Amendment 64. Section 1 of the Water Utiliq Act, amended by adding the following definitions: "compensation" means a rate, remuneration, paid, payable, promised, demanded, received or rectly, and includes a promise or undertaking vide service as consideration for, or as part to dispose of land or any interest in it; R.S.B.C. 1979, c. 430, is gain or reward of any kind expected, directly or indiby a water utility to proof, a proposal or contract "service" includes the use and accommodation provided, and a product or commodity furnished, by a water utility and also includes the plant, equipment, apparatus, appliances, property and facilities employed by or in connection with a water utility in providing service or in furnishing a product or commodity for the purposes in which the water utility is engaged and for the use and accommodation of the public; "tenant" does nat include a lessee for a term of more than 5 years;. West. Coast National Park Act Amendment 65. Section 5 of the West Coast National Park Act, S.B.C. 1969, c. 41, is amended by adding the f5 lowing: (4) Where Crown land described in a timber licence is required for the purposes of this Act, the Minister of Forests may, notwithstanding rections 9 and 51 of the Forest Act, exchange the timber licence for a timber licence describing other Crown land. (5) Where land described in a tree farm licence is required for the purposes of this Act, the Minister of Forests may, notwithstanding sections 9 and 27 of the Forest Act, amend the tree farm licence by substituting other land for the described land.

29 14 Wildlife Act SECTION 66: Allows permits to be issued by persons authorized by a regional manager. SECTION 67: Clarifies the intent of the section. SECTION 68: Corrects an editorial error. SECTION 69: Self explanatory. SECTION 70: Clarifies the intent of the section. SECTiON 71: Clarifies the intent of the section. SECTION 72: Deletes a redundant reference and effects an amendment consequential to the amendments to section 20. Workers Compensation Act SECTION 73: Modernizes the board's accounting and investment procedures.

30 14 Wildlife Act Amendments 66. Section 20 of the Wildlife Act, S.B.C. 1982, c. 57, is amended (a) in subsection (1) by adding "or a person authorized by him" after "A regional manager" and by striking out "the regional manager" and substituting "he", and (b) in subsection (4) by adding "o; 'the person authorized by him" after "The regional manager". 67. Section 38 is amended by striking out "offers for shipment" and substituting "engages another person to ship". 68. Section 79 is amended by renumbering the fourth subsection as subsection (4). 69. Section 81 (1) is amended by adding "persona, property," after "harm". 70. Section 86 (1) (a) and (b) is amended by adding "hunting, wounding," after "an offence for". 71. Section 101 is amended by striking out "the Province" and substituting "a province". 72. Section 110 is amended (a) in subsection (2) (bb) by striking out "(by licensed trappers)", and (b) in subsection (4) by striking out "by a regional manager" and "under section 20". Workers Compensation Act Amendments 73. Section 67 of the Workers Compensation Act, R.S.B.C. 1979, c. 437, is repealed and the following substituted: Accounting and investment of excess funds 67. (1) The board shall establish and maintain an accounting system satisfactory to the Minister of Finance, and the Minister of Finance may, at any time, inspect the accounting records of the board and advise it on all matters respecting its accounts and other financial matters. 75

31 15 SECTION 74: Increases the maximum number of members on the Workers Compensation Board from 5 to 6. r S

32 15 (2) Subject to the supervision and direction of the Minister of Finance, the board shall cause all money in the accident and silicosis funds in excess of current requirements to be invested and re-invested in investments permitted for a trust fund under section 36 (2) of the Financial Administration Act. 74. Section 79 is amended by striking out "5." and substituting "6." Transitional 75. (1) An employee who before section 44 cf this Act comes into force became entitled under section 12 of the Pension (Municipal) Act to a superannuation allowance shall not be entitlel to have money paid in lieu of vacation taken into account in determining the amount of the allowance unless the determination as to the employee's entitlement to have that money taken into account for that purpose was made before January 1, (2) Subsection (1) is retroactive to the extent necessary to give it effect. Transitional 76. (1) A contributor who before section 46 of this Act canes into force became entitled under section 19 of the Pension (Public Service) Act to a sueerannuation allowance shall not be entitled to have money paid in lieu of vacation taken into account in determining the amount of the allowance unles:i the determination as to the contributor's entitlement to have that money taken into account for that purpose wns made before January 1, (2) Subsectiun (1) is retroactive to the extent necessary to give it effect. Commencement 77. This AcL comes into force by regulation of the Lieutenant Governor in Council.