BILL 2 – 2002: BUDGET MEASURES IMPLEMENTATION ACT, 2002

2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

HONOURABLE GARY COLLINS
MINISTER OF FINANCE

BILL 2 – 2002

BUDGET MEASURES IMPLEMENTATION ACT, 2002

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

Emergency Program Act

1 Section 16 (1) of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by adding ", under section 7 or 10 (1) (a)," after "Provincial emergency measures".

Financial Administration Act

2 Section 56.1 of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended

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

(1) In this section:

"appropriate minister" means,

(a) in relation to an institution established under an Act, the minister charged with the administration of the Act, or

(b) in relation to any other institution, the minister specified by the Lieutenant Governor in Council;

"institution" means

(a) a board or a francophone education authority as defined in the School Act,

(b) a university or an institution as defined in the College and Institute Act,

(d) the agency as defined in the Open Learning Agency Act,

(e) a regional hospital district as defined in the Hospital District Act,

(f) British Columbia Transit,

(g) Rapid Transit Project 2000 Ltd., or

(h) any other organization designated by the Lieutenant Governor in Council. , and

(b) in subsection (2) by striking out "The Minister of Finance and Corporate Relations" and substituting "The appropriate minister".

Financial Information Act

3 Schedule 1 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by striking out "Forest Renewal Act".

4 Schedule 2 is amended by striking out "Fisheries Renewal BC".

Fish Protection Act

5 The Fish Protection Act, S.B.C. 1997, c 21 is amended

(a) by repealing section 7 (9) and substituting the following:

(9) The Lieutenant Governor in Council may, by order, direct Fisheries Renewal BC to provide assistance to the development of a recovery plan or the implementation of an approved recovery plan.

(10) The Lieutenant Governor in Council may, by order, direct Forest Renewal BC to provide assistance to the development of a recovery plan or the implementation of an approved recovery plan. ,

(b) by repealing section 7 (9), and

(c) by repealing section 7 (10).

Fisheries Renewal Act

6 The Fisheries Renewal Act, S.B.C. 1997, c. 22, is repealed.

Forest Practices Code of British Columbia Act

7 Section 70 (4) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is amended by striking out "Without limiting subsections (2) to (3.1)," and substituting "Without limiting subsection (2) or (3),".

Forest Renewal Act

8 The Forest Renewal Act, R.S.B.C. 1996, c. 160, is repealed.

9 The Supplement to the Forest Renewal Act is repealed.

Forests Statutes Amendment Act, 1997

10 Sections 44 (e) and (f), 54, 63, 67, 68 (a), 72, 82, 85, 93, 96 (d), 98, 99, 124, 144, 145 (c) and 146 of the Forests Statutes Amendment Act, 1997, S.B.C. 1997, c. 48, are repealed.

11 Section 108 (a) is amended in section 118 (1) (a) of the Forest Practices Code of British Columbia Act by striking out "including an agreement holder who is the holder of an agreement with Forest Renewal BC".

Freedom of Information and Protection of Privacy Act

12 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:

	Public Body:		Fisheries Renewal BC
	Head:		Chair
	Public Body:		Forest Renewal BC
	Head:		Chair
	Public Body:		New Forest Opportunities Ltd.
	Head:		CEO, Forest Renewal BC
	Public Body:		Office of the Jobs and Timber Accord Advocate
	Head:		CEO, Forest Renewal BC .

Grazing Enhancement Special Account Act

13 The Grazing Enhancement Special Account Act, R.S.B.C. 1996, c. 175, is repealed.

Industrial Development Incentive Act

14 The Industrial Development Incentive Act, R.S.B.C. 1996, c. 221, is repealed.

Job Protection Act

15 The Schedule of the Job Protection Act, R.S.B.C. 1996, c. 240, is amended by striking out "Industrial Development Incentive Act".

Miscellaneous Statutes Amendment Act (No. 3), 1997

16 Section 12 of the Miscellaneous Statutes Amendment Act (No. 3), 1997, S.B.C. 1997, c. 29, is repealed.

Natural Resource Community Fund Act

17 The Natural Resource Community Fund Act, R.S.B.C. 1996, c. 331, is repealed.

Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000

18 Section 38 of the Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000, S.B.C. 2000, c. 11, is repealed.

Science and Technology Fund Act

19 The Science and Technology Fund Act, R.S.B.C. 1996, c. 414, is repealed.

Small Business Development Act

20 The Small Business Development Act, R.S.B.C. 1996, c. 428, is repealed.

Waste Management Act

21 Section 56.1 (1) (e) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by striking out "Fisheries Renewal BC or".

Water Act

22 Section 41.1 (1) (e) of the Water Act, R.S.B.C. 1996, c. 483, is amended by striking out "Fisheries Renewal BC or".

23 Section 95 (1) (e), as enacted by section 99 of the Drinking Water Protection Act, S.B.C. 2001, c. 9, is amended by striking out "Fisheries Renewal BC or".

Wildlife Act

24 Section 84.1 (1) (e) (i) of the Wildlife Act, R.S.B.C. 1996, c. 488, is repealed.

Transitional – Fisheries Renewal BC

25 (1) On the repeal of the Fisheries Renewal Act,

(a) Fisheries Renewal BC is dissolved,

(b) the appointment of each director of Fisheries Renewal BC is rescinded,

(d) the government assumes all obligations and liabilities of Fisheries Renewal BC.

(2) On and after the date on which the Fisheries Renewal Act is repealed, a reference to Fisheries Renewal BC in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.

Transitional Appropriation – Fisheries Renewal Act

26 Money required to be paid out in respect of obligations and liabilities of Fisheries Renewal BC assumed by the government under section 25 (1) (d) may be paid out of the consolidated revenue fund.

Transitional – Fisheries Renewal Act

27 Sections 17 and 19 of the Fisheries Renewal Act do not apply with respect to the 2002-2003 fiscal year.

Transitional – Forest Renewal BC

28 (1) On the repeal of the Forest Renewal Act,

(a) Forest Renewal BC and each committee established under section 5 of the Forest Renewal Act are dissolved,

(b) the appointment of each member of the board of Forest Renewal BC, and of each committee member appointed under section 5 of the Forest Renewal Act, is rescinded,

(d) the government assumes all obligations and liabilities of Forest Renewal BC.

(2) On and after the date on which the Forest Renewal Act is repealed, a reference to Forest Renewal BC in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the government.

Transitional Appropriation – Forest Renewal Act

29 Money required to be paid out in respect of obligations and liabilities of Forest Renewal BC assumed by the government under section 28 (1) (d) may be paid out of the consolidated revenue fund.

Transitional – Forest Renewal Act

30 Section 10 (6) and (7) of the Forest Renewal Act does not apply in respect of the 2002-2003 fiscal year.

Transitional – Natural Resource Community Fund Act

31 On the repeal of the Natural Resource Community Fund Act, the balance in the Natural Resource Community Fund is transferred to and becomes part of the general fund of the consolidated revenue fund.

Commencement

32 Sections 3, 4, 5 (b) and (c), 6 to 12, 16, 21 to 26, 28 and 29 come into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Emergency Program Act

SECTION 1: [Emergency Program Act, amends section 16 (1)] limits expenditures from the appropriation provided by the section to respond to and recover from imminent and actual emergencies or disasters.

Financial Administration Act

SECTION 2: [Financial Administration Act, amends section 56.1] transfers to line ministers the authority to make prepaid capital advances.

Financial Information Act

SECTION 3: [Financial Information Act, amends Schedule 1] is consequential to the repeal of the Forest Renewal Act.

SECTION 4: [Financial Information Act, amends Schedule 2] is consequential to the repeal of the Fisheries Renewal Act.

Fish Protection Act

SECTION 5: [Fish Protection Act, amends section 7] is consequential to the repeal of the Fisheries Renewal Act.

Fisheries Renewal Act

SECTION 6: [Fisheries Renewal Act, repeals the Act] is self explanatory.

Forest Practices Code of British Columbia Act

SECTION 7: [Forest Practices Code of British Columbia Act, amends section 70 (4)] is consequential to the repeal of the Forest Renewal Act.

Forest Renewal Act

SECTION 8: [Forest Renewal Act, repeals the Act] is self explanatory.

SECTION 9: [Forest Renewal Act, repeals the Supplement] is self explanatory.

Forests Statutes Amendment Act, 1997

SECTION 10: [Forests Statutes Amendment Act, 1997, repeals sections 44 (e) and (f), 54, 63, 67, 68 (a), 72, 82, 85, 93, 96 (d), 98, 99, 124, 144, 145 (c) and 146] is consequential to the repeal of the Forest Renewal Act.

SECTION 11: [Forests Statutes Amendment Act, 1997, amends section 108 (a)] is consequential to the repeal of the Forest Renewal Act.

Freedom of Information and Protection of Privacy Act

SECTION 12: [Freedom of Information and Protection of Privacy Act, amends Schedule 2] is consequential to the repeal of the Fisheries Renewal Act and the Forest Renewal Act.

Grazing Enhancement Special Account Act

SECTION 13: [Grazing Enhancement Special Account Act, repeals the Act] is self explanatory.

Industrial Development Incentive Act

SECTION 14: [Industrial Development Incentive Act, repeals the Act] is self explanatory.

Job Protection Act

SECTION 15: [Job Protection Act, amends the Schedule] is consequential to the repeal of the Industrial Development Incentive Act.

Miscellaneous Statutes Amendment Act (No. 3), 1997

SECTION 16: [Miscellaneous Statutes Amendment Act (No. 3), 1997, repeals section 12] is consequential to the repeal of the Forest Renewal Act.

Natural Resource Community Fund Act

SECTION 17: [Natural Resource Community Fund Act, repeals the Act] is self explanatory.

Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000

SECTION 18: [Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000, repeals section 38] removes a not-in-force amendment to the Natural Resource Community Fund Act.

Science and Technology Fund Act

SECTION 19: [Science and Technology Fund Act, repeals the Act] is self explanatory.

Small Business Development Act

SECTION 20: [Small Business Development Act, repeals the Act] is self explanatory.

Waste Management Act

SECTION 21: [Waste Management Act, amends section 56.1 (1) (e)] is consequential to the repeal of the Fisheries Renewal Act.

Water Act

SECTION 22: [Water Act, amends section 41.1 (1) (e)] is consequential to the repeal of the Fisheries Renewal Act.

SECTION 23: [Water Act, amends section 95 (1)] is consequential to the repeal of the Fisheries Renewal Act.

Wildlife Act

SECTION 24: [Wildlife Act, amends section 84.1 (1) (e) (i)] is consequential to the repeal of the Fisheries Renewal Act.

SECTION 25: [Transitional – Fisheries Renewal BC] dissolves the corporation established under the Fisheries Renewal Act, rescinds appointments to its board and transfers its assets and liabilities to the government deems references to Fisheries Renewal BC in documents to be references to the government.

SECTION 26: [Transitional Appropriation – Fisheries Renewal Act] provides authority to pay any Fisheries Renewal BC debts or liabilities assumed by the government out of the consolidated revenue fund.

SECTION 27: [Transitional – Fisheries Renewal Act] disapplies the provisions of the Act that require a business plan and public meeting prior to the 2002--2003 fiscal year.

SECTION 28: [Transitional – Forest Renewal BC] dissolves Forest Renewal BC and its committees, rescinds appointments to the board of Forest Renewal BC and to its committees, transfers all Forest Renewal BC assets and liabilities to the government and deems references to Forest Renewal BC in documents to be references to the government.

SECTION 29: [Transitional Appropriation – Forest Renewal Act] provides authority to pay any Forest Renewal BC debts or liabilities assumed by the government out of the consolidated revenue fund.

SECTION 30: [Transitional – Forest Renewal Act] disapplies the provisions of the Act that require a business plan be prepared and presented to the Legislative Assembly for the 2002--2003 fiscal year.

SECTION 31: [Transitional – Natural Resource Community Fund Act] transfers the balance in the special fund under the Natural Resource Community Fund Act to the general fund of the consolidated revenue fund.