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2002 Legislative Session: 3rd Session, 37th Parliament
THIRD READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 8th day of April, 2002
Ian D. Izard, Law Clerk
HONOURABLE KEVIN FALCON
MINISTER OF STATE FOR DEREGULATION
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 3 of the Supplement to the Assessment Act, R.S.B.C. 1996, c. 20, is repealed.
2 The Community Regulation Act, R.S.B.C. 1960, c. 66, is repealed.
3 The Cultural Foundation of British Columbia Act, R.S.B.C. 1996, c. 90, is repealed.
4 The Curfew Act, R.S.B.C. 1996, c. 91, is repealed.
5 Section 7 (3) of the Debtor Assistance Act, R.S.B.C. 1996, c. 93, is repealed.
6 Section 2 (3) (d) and (e) of the Dike Maintenance Act, R.S.B.C. 1996, c. 95, is repealed.
7 The Dogwood, Rhododendron and Trillium Protection Act, R.S.B.C. 1996, c. 100, is repealed.
8 Part 1 of the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102, is repealed.
9 Forms A to H of the Schedule are repealed.
10 Section 61 (4) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is repealed and the following substituted:
(4) On an amalgamation under section 26 of this Act, the amalgamated financial institution must, within 30 days after the date of amalgamation, file with the commission an application in the prescribed form for a business authorization.
(4.1) On the issue of a certificate of amalgamation under section 20 (7) (b) of the Credit Union Incorporation Act, the commission must issue the appropriate business authorization for which the credit union would qualify under this Part.
11 Section 166 is repealed and the following substituted:
166 (1) If an extraprovincial corporation authorized under this Part to carry on business in British Columbia amalgamates with one or more extraprovincial corporations, all of which are authorized under this Part to carry on the same kind of business in British Columbia as the first extraprovincial corporation, it must file with the commission
(a) the written consent to the amalgamation from the appropriate official of the corporation's primary jurisdiction, and
(b) any other documents or information required by the superintendent,
and the commission must issue the appropriate business authorization for which the amalgamated extraprovincial corporation would qualify under this Part.
(2) An amalgamated corporation referred to in subsection (1) may carry on business, as directed by the commission, under the existing business authorization issued with respect to one of the amalgamating corporations until the commission has issued the amalgamated corporation a new business authorization under subsection (1).
(3) If an extraprovincial corporation authorized under this Part to carry on business in British Columbia amalgamates with one or more extraprovincial corporations, one or more of which are not authorized under this Part to carry on the same kind of business in British Columbia as the first extraprovincial corporation, it must file with the commission
(a) the written consent to the amalgamation from the appropriate official of the corporation's primary jurisdiction, and
(b) any other documents or information required by the superintendent.
(4) On receipt of the written consent, documents and information required under subsection (3), the commission may
(a) issue, subject to first receiving the consent of the minister, the appropriate business authorization for which the amalgamated extraprovincial corporation would qualify under this Part, or
(b) direct the amalgamated corporation referred to in subsection (3) to apply for a business authorization.
(5) The minister must not consent to the issue of a business authorization under subsection (4) (a) if the minister believes, on reasonable grounds, that it would be contrary to the public interest for any person owning 10% or more of voting shares in the amalgamated corporation or any of the amalgamating corporation's directors or senior officers to be in a position to control or influence a corporation that, in British Columbia, carries on
(a) trust business or deposit business, if the applicant is an extraprovincial trust corporation, or
(b) insurance business, if the applicant is an extraprovincial insurance corporation.
(6) An amalgamated corporation referred to in subsection (3) may continue to carry on business, as directed by the commission, under the existing business authorization issued with respect to one of the amalgamating corporations until a new business authorization has been
(a) issued to the amalgamated corporation by the commission, or
(b) refused by the commission.
(7) If the commission has refused an application from an extraprovincial corporation for a business authorization referred to in subsection (4) (b), the extraprovincial corporation may carry on business under its existing business authorization only to the extent permitted by section 249 (8) as it applies for the purposes of this Part.
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: Office of the Northern Development Commissioner Head: Northern Development Commissioner .
13 The Supplement to the Health Act, R.S.B.C. 1996, c. 179, is repealed.
Income Tax Act
14 The Supplement to the Income Tax Act, R.S.B.C. 1996, c. 215, is repealed.
15 The Library Foundation of British Columbia Act, R.S.B.C. 1996, c. 265, is repealed.
16 Section 1 of the Livestock Act, R.S.B.C. 1996, c. 270, is amended by repealing the definitions of "artificial insemination", "artificial insemination centre", "licensed technician" and "operator".
17 Sections 12 to 18 are repealed.
18 Section 19 is amended by repealing subsection (1) (h) and (i).
19 Section 20 is amended by repealing subsection (2) (k) to (o).
20 Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following definitions:
"officer assigned responsibility under section 198", when used in a provision that applies in relation to the City of Vancouver, includes the City Clerk under the Vancouver Charter;
"officer assigned responsibility under section 199", when used in a provision that applies in relation to the City of Vancouver, includes the City Treasurer under the Vancouver Charter; .
21 Section 205 (1) (a) is amended by striking out "municipal or regional district" and substituting "municipal, regional district or improvement district".
Ministry of Industry and Small Business Development Act
22 The Ministry of Industry and Small Business Development Act, R.S.B.C. 1996, c. 302, is repealed.
23 The Ministry of International Trade, Science and Investment Act, R.S.B.C. 1996, c. 305, is repealed.
24 The Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44, is amended by adding the following Part:
Part 2 – 2002
3 (1) All things done that would have been validly done had
(a) a reference in an enactment or other record to an officer assigned responsibility under section 198 of the Local Government Act included a reference to the City Clerk under the Vancouver Charter,
(b) a reference in an enactment or other record to a designated municipal officer or a designated local government officer included a reference to the City Clerk under the Vancouver Charter, and
(c) a reference in an enactment or other record to an officer assigned responsibility under section 199 of the Local Government Act included a reference to the City Treasurer under the Vancouver Charter,
are conclusively deemed to have been validly done.
(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
25 Section 6 of the Name Act, R.S.B.C. 1996, c. 328, is repealed.
26 Section 7 (1) (d) is repealed.
27 Section 12 is repealed and the following substituted:
12 (1) Promptly after issuing a certificate of change of name under section 11, the director must publish
(a) the person's new and former names,
(b) the person's date of birth,
(c) the name of the municipality in which the person resides, and
(d) the effective date of the certificate.
(2) Publication under subsection (1) may be in any form accessible to qualified applicants as determined by the director, including electronic publication.
(3) Subsection (1) does not apply if
(a) the change of name is made for the sole purpose of changing the surname of a minor to the surname of the applicant, or
(b) in the opinion of the director, publication is not in the public interest.
28 Section 13 (5) is repealed and the following substituted:
(5) If the director has made a determination under section 12 (3) (b) not to publish a change of name and the director considers it in the public interest to do so, the director may refuse to issue a certificate under subsection (1) of this section or give information respecting the person's change of name.
Northern Development Act
29 The Northern Development Act, S.B.C. 1998, c. 17, is repealed.
30 The Pawnbrokers Act, R.S.B.C. 1996, c. 350, is repealed.
31 The Premier's Advisory Council for Persons with Disabilities Act, R.S.B.C. 1996, c. 371, is repealed.
32 The Public Service Bonding Act, R.S.B.C. 1996, c. 387, is repealed.
33 The Supplement to the Social Service Tax Act, R.S.B.C. 1996, c. 431, is repealed.
34 The Special Enterprise Zone and Tax Relief Act, R.S.B.C. 1996, c. 438, is repealed.
35 The Supplement to the Special Enterprise Zone and Tax Relief Act is repealed.
36 The Tobacco Fee Act, S.B.C. 1998, c. 46, is repealed.
37 The Trade and Convention Centre Act, R.S.B.C. 1996, c. 455, is repealed.
38 The Universities Real Estate Development Corporation Act, S.B.C. 1965, c. 55, is repealed.
39 The University Endowment Land Park Act, R.S.B.C. 1996, c. 470, is repealed.
40 Section 36 (1) of the Wills Act, R.S.B.C. 1996, c. 489, is amended by striking out "on written application in the form prescribed by regulation," and substituting "on application in a form satisfactory to the Director of Vital Statistics,".
41 Section 38 (e) is repealed.
42 (1) In this section, "Act" means the Cultural Foundation of British Columbia Act.
(2) Despite the repeal of the Act, the Minister of Community, Aboriginal and Women's Services is authorized, subject to section 11 (3) (b) of the Act, to distribute to the British Columbia Arts Council the funds and property held by the board of the Cultural Foundation of British Columbia on the date of repeal of the Act.
(3) This section is repealed on December 31, 2002.
43 (1) In this section, "Act" means the Library Foundation of British Columbia Act.
(2) Despite the repeal of the Act, the Minister of Community, Aboriginal and Women's Services is authorized, subject to section 11 (3) (a) and (b) of the Act, to distribute to the Vancouver Public Library Board the funds and property held by the board of the Library Foundation of British Columbia on the date of repeal of the Act.
(3) This section is repealed on December 31, 2002.
44 (1) Sections 1, 14, 16 to 19, 33 to 35 and 37 are deemed to have come into force on March 31, 2002 and are retroactive to the extent necessary to give them effect on and after that date.
(2) Sections 22 and 23 are deemed to have come into force on on April 1, 2002 and are retroactive to the extent necessary to give them effect on and after that date.
(3) Sections 25 to 28 come into force by regulation of the Lieutenant Governor in Council.
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