ACTS IN FORCE March 28 to May 29, 2012

Transcription

1 ACTS IN FORCE March 28 to May 29, 2012 AUDITOR GENERAL FOR LOCAL GOVERNMENT ACT, S.B.C. 2012, C.5 (BILL 20) Amended: Consequential amendment made to the: Community Charter, S.B.C. 2003, c. 26; Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165; Public Service Labour Relations Act, R.S.B.C. 1996, c. 388; Vancouver Charter, S.B.C. 1953, c. 55 Definition, annual service plan, preparation and audit of financial statements, annual report of the Auditor General, meetings of audit council and regulations Bill 20 creates the office of the Auditor General for Local Government. The purpose of the Auditor General is to conduct performance audits of local governments to provide local governments with objective information and advice to assist them in their accountability to their communities for the stewardship of public assets and the achievement of value for money in their operations. Bill 20 establishes the mandate and powers of the Auditor General. These powers include: power to apply to Supreme Court for orders and power to compel municipalities and treaty first nations to produce records, information and things to the Auditor General. Bill 20 creates the Audit Council that recommends to the Minister the appointment of a person to be Auditor General, including the removal of the auditor general and making submissions to the Auditor General. The Auditor General must prepare a proposed annual service plan and submit it to the Audit Council for review. Regulation-making powers are authorized. After the Act has been in force for 5 years, the Minister must review the effectiveness of this Act and the Auditor General. In force: Act is in force April 25, 2012 See related regulations under the Auditor General for Local Government Act

2 FINANCE STATUTES AMENDMENT ACT, 2010, S.B.C. 201,C. 4 (BILL 6) Amended: Financial Administration Act, R.S.B.C. 1996, c. 138; Financial Institutions Act, R.S.B.C. 1996, c. 141; Finance Amendment Act, 2009, S.B.C. 2009, c. 15; Home Owner Grant Act, R.S.B.C. 1996, c. 194; Personal Property Security Act, R.S.B.C. 1996, c. 359; Repairers Lien Act, R.S.B.C. 1996, c. 404; Securities Act, R.S.B.C. 1996, c. 418; Tobacco Tax Act, R.S.B.C. 1996, c. 452 Sections 54, 59, 60 and 62 to 64 of Bill 6 amend the Securities Act. Section 54 creates an offence to mislead a person regarding the Commission's regulation of credit rating organizations. Section 59 authorizes the Executive Director to order a credit rating organization to disclose information. Section 60 authorizes the Executive Director to order a compliance review of a credit rating organization. Section 62 authorizes the Commission to order an examination or inspection of the financial affairs or records of a credit rating organization. Section 63 authorizes the Commission or the Executive Director to make an enforcement order against a credit rating organization. Section 64 authorizes the commission to collect and use information from a credit rating organization. In Force: Sections 54, 59, 60 and 62 to 64 are in force April 20, 2012

3 FINANCE STATUTES AMENDMENT ACT, 2011, S.B.C. 2011, C. 29 (BILL 17) Amended: Business Corporations Act, S.B.C. 2002, c. 57; Credit Union Incorporation Act, R.S.B.C. 1996, c. 82; Financial Administration Act, R.S.B.C. 1996, c. 138; Financial Institutions Act, R.S.B.C. 1996, c. 141; Finance Amendment Act, 2010, S.B.C. 2010, c. 4; Securities Act, R.S.B.C. 1996, c. 418; Society Act, R.S.B.C. 1996, c Consequential amendments made to the: Infants Act, R.S.B.C. 1996, c. 223; Trade, Investment and Labour Mobility Agreement Implementation Act, S.B.C. 2008, c. 39 Administrative integration of Canada Student Loans Program and BC Student Assistance Program, pre-existing trust companies and pre-existing insurance companies, conclusiveness of certificate of incorporation, first annual reference date, regulations Sections 136 to 141 of Bill 17 amend the Society Act. Sections 136 to 140 make consequential and minor amendments. Section 141 adds new Parts regarding cancellation, winding up, dissolution and restoration that import from the Company Act provisions. In force: Sections 136 to 141 are in force April 30, 2012 See related regulations under the Society Act FORESTRY SERVICE PROVIDERS PROTECTION ACT, S.B.C. 2010, C. 16 (BILL 21) Amended: Consequential amendments are made to the Tugboat Worker Lien Act, R.S.B.C. 1996, c. 466 Section 25 adds definitions of "administrative agreement", "authority", contributor", "forestry service provider" and fund. Section 26 permits the creation of the Forestry Service Providers Compensation

4 Fund (the Fund ), intended to compensate forestry service providers for financial losses resulting from the insolvency of companies or other legal entities to which forestry service providers have provided services. Section 27(5)(a) requires that investment earnings of the Fund be credited to the Fund. Section 29(1)(b) permits the authority may make payments from the Fund for costs of administering the Fund. Section 31 permits the Minister to designate an authority. Section 32 permits the Minister to enter into an administrative agreement with an authority. Section 33 clarifies that an authority is not an agent of the government for the purposes of the administration as specified. Section 34 provides that section 5 of the Offence Act does not apply to Bill 21. Section 5 of the Offence Act provides that a person who contravenes an enactment by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence against the enactment. Section 35(1) permits regulations to be made. Section 35(3)(e) permits regulations to be made regarding establishing the Fund. Section 35(3)(j) permits regulations to be made regarding the required provisions to be in the administration agreement. Section 35(3)(k) permits regulations to be made regarding defining a word or expression used but not defined in this Act. In Force: Sections 25, 26, 27(5)(a), 29(1)(b), 31, 32, 33, 34, 35(1) and (3)(e), (j) and (k) are in force March 30, 2012 See related regulations under the Forestry Service Providers Protection Act METAL DEALERS AND RECYCLERS ACT, S.B.C. 2011, C. 22 (BILL 13) Amended:

5 Bill 13 creates a new regulatory regime for metal dealers and recyclers. Bill 13 has 6 parts. Part 1 prohibits the sale and purchase of regulated metal. Part 1 requires a metal dealer or recycler who has reasonable grounds to believe that regulated metal is stolen property to immediately inform the local police authority. Part 2 requires transaction information to be recorded by metal dealers and recyclers and made available to the police. Part 3 requires metal dealers or recyclers to be registered under the Act. Part 4 permits the Registrar under the Act to conduct inspections of premises and records of metal dealers and recyclers. Part 4 permits the Registrar to impose administrative penalties for violation of the Act. The time limit for giving a notice imposing an administrative penalty is 2 years after the date on which the contravention occurred. The penalty for committing an offence under the Act is a maximum fine is $10,000 or imprisonment for not longer than 6 months or both for an individual or a maximum fine of $100,000 for a business entity. Part 5 sets out the powers and duties of the Registrar. Part 6 is a general part. Part 6 provides that the Act does not apply to a person who purchases or sells a used motor vehicle that has been, or will be, crushed for the purposes of recycling it. Part 6 permits regulations to be made. In force: The Act is in force July 23, 2012 See related regulations under the Metal Dealers and Recyclers Act and the Offence Act

6 MISCELLANEOUS STATUTES AMENDMENT ACT (N0. 3), 2010, S.B.C. 2010, C. 21 (BILL 20) Amended: Adoption Act, R.S.B.C. 1996, c. 5; Carbon Tax Act, S.B.C. 2008, c. 40; Civil Forfeiture Act, S.B.C. 2005, c. 29; Coastal Ferry Act, S.B.C. 2003, c. 14; Community Charter, S.B.C. 2003, c. 26; Environmental Management Act, S.B.C. 2003, c. 53; Evidence Act, R.S.B.C. 1996, c. 124; Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36; Forest Act, R.S.B.C. 1996, c. 157; Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165; Gaming Control Act, S.B.C. 2002, c. 14; Gas Utility Act, R.S.B.C. 1996, c. 170; Greenhouse Gas Reduction (Cap and Trade) Act, S.B.C. 2008, c. 32; Hydro and Power Authority Act, R.S.B.C. 1996, c. 212; Land Act, R.S.B.C. 1996, c. 245; Land Title Act, R.S.B.C. 1996, c. 250; Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267; Liquor Distribution Act, R.S.B.C. 1996, c. 268; Liquor Amendment Act, 1999, S.B.C. 1999, c. 36; Local Government Act, R.S.B.C. 1996, c. 323; Maa-nulth First Nations Final Agreement Act, S.B.C. 2007, c. 43; Mineral Tenure Act, R.S.B.C. 1996, c. 292; Motor Fuel Tax Act, R.S.B.C. 1996, c. 317; Motor Vehicle Act, R.S.B.C. 1996, c. 318; Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44; New Relationship Trust Act, S.B.C. 2006, c. 6; Police Act, R.S.B.C. 1996, c. 367; Representative for Children and Youth Act, S.B.C. 2006, c. 29; Safety Standards Act, S.B.C. 2003, c. 39; School Act, R.S.B.C. 1996, c. 412; Small Business Venture Capital Act, R.S.B.C. 1996, c. 429; South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30; Tobacco Control Act, R.S.B.C. 1996, c. 451; Transportation Act, S.B.C. 2004, c. 44; Trespass Act, R.S.B.C. 1996, c. 462; Vancouver Charter, S.B.C. 1953, c. 55; Vital Statistics Act, R.S.B.C. 1996, c. 479 Forest Renewal Act transition administration of community business loans Program, Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act retroactive regulations, Liquor Distribution Act appointments, Coastal Ferry Act BCFS and authority Sections 61, 65 and 69 of Bill 21 amend the Mineral Tenure Act. Section 61 adds the subdivision of claims to the changes in claims that are not effective until registered. Section 65 permits the subdivision of cell claims into two or more cell claims as prescribed by regulation.

7 Section 69 permits regulations to be made regarding subdivision of cell claims. In Force: Sections 61, 65 and 69 are in force July 1, 2012 See related regulations under the Mineral Tenure Act MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 3), 2011, S.B.C. 2011, C. 27 (BILL 19) Amended: Agricultural Land Commission Act, S.B.C. 2002, c. 36; Mines Act, R.S.B.C. 1996, c. 293; Motor Vehicle Act, R.S.B.C. 1996, c. 318; Protected Areas of British Columbia Act, S.B.C. 2000, c. 17; Public Sector Employers Act, R.S.B.C. 1996, c. 384; Public Service Labour Relations Act, R.S.B.C. 1996, c. 388; Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436; Wildlife Act, R.S.B.C. 1996, c Consequential amendment made to the: Fish Protection Act, S.B.C. 1997, c. 21, Flathead Watershed Area Conservation Act, S.B.C. 2011, c. 20; Protected Areas of British Columbia Act, S.B.C. 2000, c. 17; Wildlife Act, R.S.B.C. 1996, c Regulation amended: Maa-nulth Forest Compensation Interim Regulation (B.C. Reg. 54/2011) by validating this Regulation retroactive to the date when the Maa-nulth First Nations Final Agreement came into effect Validity of actions and decisions Sections 25, 31, 32 and 36 of Bill 19 amend the Wildlife Act. Section 25 adds a definition of bag limit. Section 31 permits regulations to be made regarding the time periods persons can fish, including different periods for different classes of persons based on age, such as, seniors or youth. Section 32 eliminates the duty for a guide outfitter to deliver a completed guide report to the regional manager within 10 days of ending a hunt. Section 36 permits regulations to be made regarding bag limits and hunting seasons. In force: Sections 25, 31, 32 and 36 are in force April 1, 2012 See related regulations under the Wildlife Act and the Offence Act

8 MOTOR VEHICLE AMENDMENT ACT, 2010, S.B.C. 2010, C. 14 (BILL 14) Amended: Motor Vehicle Act, R.S.B.C. 1996, c. 318; Motor Vehicle Amendment Act (No. 2), 1997, S.B.C. 1997, c. 31; Traffic Safety Amendment Act, 1997, S.B.C. 1997, c. 43 Motor Vehicle Act Section 5 of Bill 14 amends the Motor Vehicle Act to add provisions regarding motorcycles including: use of foot pegs, use of specified motorcycle safety helmet and seizure by police of it and offences. In Force: Section 5 is in force June 1, 2012 See related regulations under the Motor Vehicle Act and the Offence Act YALE FIRST NATION FINAL AGREEMENT ACT, S.B.C. 2011, C. 11 (BILL 11) Amended: Consequential amendments made to the: Assessment Act, R.S.B.C. 1996, c. 20; Assessment Authority Act, R.S.B.C. 1996, c. 21; Consumption Tax Rebate and Transition Act, S.B.C. 2010, c. 5; Final Agreement Consequential Amendments Act, 2007, S.B.C. 2007, c. 36; Hospital District Act, R.S.B.C. 1996, c. 202; Interpretation Act, R.S.B.C. 1996, c. 238; Local Government Act, R.S.B.C. 1996, c. 323; Maa-nulth First Nations Final Agreement Act, S.B.C. 2007, c. 43; Marriage Act, R.S.B.C. 1996, c. 282; Mineral Land Tax Act, R.S.B.C. 1996, c. 290; Mineral Tax Act, R.S.B.C. 1996, c. 291; Motor Fuel Tax Act, R.S.B.C. 1996, c. 317; Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361; Property Transfer Tax Act, R.S.B.C. 1996, c. 378; South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30; Treaty First Nation Taxation Act, S.B.C. 2007, c. 38; Tsawwassen First Nation Final Agreement Act, S.B.C. 2007, c. 39 Yale First Nation Government and Yale First Nation Law

9 Sections 26 to 29, 32(b) and (c) and 33 of Bill 11 are consequential amendments that amend the Hospital District Act. In Force: Sections 26 to 29, 32(b) and (c) and 33 are in force April 1, 2012 See related regulations under the Hospital District Act END