Section 1 definition of "special account" BEFORE amended by 2016-5-45,Sch 7, effective March 10, 2016 (Royal Assent).
"special account" means an account in the general fund of the consolidated revenue fund where the authorization to expend money from the account is located in an Act other than a Supply Act;
Section 4 BEFORE renumbered as 4 (1) and (2) added by 2001-3-54, effective March 29, 2001 (Royal Assent).
Section 4 (1) BEFORE amended by 2001-43-18, effective August 27, 2001 (Royal Assent).
(1) The Minister of Aboriginal Affairs may pay or lend or provide loan guarantees to an amount equal to the interest calculated on and attributable to the balance in the First Citizens Fund special account for the purposes of advancing and expanding the culture, education and economic opportunities and the position of persons of North American aboriginal ancestry who are ordinarily resident in British Columbia.
Section 4 (1) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(1) The Minister of Community, Aboriginal and Women's Services may pay or lend or provide loan guarantees to an amount equal to the interest calculated on and attributable to the balance in the First Citizens Fund special account for the purposes of advancing and expanding the culture, education and economic opportunities and the position of persons of North American aboriginal ancestry who are ordinarily resident in British Columbia.
Section 5 (1) (a) and (b) BEFORE amended by 2003-55-115, effective January 31, 2004 (BC Reg 07/2004).
(a) under section 71 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Silviculture Payments Sub-account, and
(b) under section 117.2 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Environmental Remediation Sub-account.
Section 5 (2) (a) BEFORE amended by 2003-55-115, effective January 31, 2004 (BC Reg 07/2004).
(a) the Silviculture Payments Sub-account for a purpose related to carrying out a silviculture prescription under section 71 of the Forest Practices Code of British Columbia Act and for expenses directly or indirectly related to such a purpose, and
Section 5 (2) (b) (i) and (iv) BEFORE amended by 2003-55-115, effective January 31, 2004 (BC Reg 07/2004).
(i) to carry out work under section 118 (3) (b) of the Forest Practices Code of British Columbia Act;
(iv) to defray the costs of investigating contraventions of the Forest Practices Code of British Columbia Act or the regulations and standards made under that Act;
Section 5 (1) (a) and (b) BEFORE amended by 2004-31-101, effective March 31, 2005 (BC Reg 38/2005).
Note: above was re-enacted by 2004-63-23 effective October 21, 2004 (Royal Assent).
(a) under section 30 of the Forest and Range Practices Act or section 71 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Silviculture Payments Sub-account,
(b) under section 73 of the Forest and Range Practices Act or section 117.2 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Environmental Remediation Sub-account and
Section 5 (2) (b) (iv) BEFORE amended by 2004-31-101, effective March 31, 2005 (BC Reg 38/2005).
Note: above was re-enacted by 2004-63-23 effective October 21, 2004 (Royal Assent).
(iv) to defray the costs of investigating contraventions of the Forest Act, the Range Act, the Forest and Range Practices Act, or the Forest Practices Code of British Columbia Act, or the regulations and standards made under them;
Section 5 (2) (b) (vi) was added by 2004-31-101, effective March 31, 2005 (BC Reg 38/2005).
Note: above was re-enacted by 2004-63-23 effective October 21, 2004 (Royal Assent).
Section 5 (2.1) BEFORE amended by 2004-31-101, effective March 31, 2005 (BC Reg 38/2005).
Note: above was re-enacted by 2004-63-23 effective October 21, 2004 (Royal Assent).
(2.1) The amount expended under subsection (2) (b) (v) must not exceed the amount in the Environmental Remediation Sub-account that is attributable to penalties levied under the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those penalties, in respect of the contraventions referred to in subsection (2) (b) (v).
Section 5 (2) (part) and (4) (part) BEFORE amended by 2006-13-35,Sch C, effective March 30, 2006 (Royal Assent).
(2) Despite section 21 (3) of the Financial Administration Act, the Minister of Forests may expend amounts out of
(4) Despite section 21 (3) of the Financial Administration Act, the Minister of Forests may expend amounts out of the Forest and Range Sub-account for a purpose related to
Section 5 (2) (b) (v) BEFORE amended by BC Reg 343/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 343/2006).
(v) to defray fire suppression costs relating to contraventions of the Forest Practices Code of British Columbia Act or the regulations or standards made under that Act if a penalty has been levied under that Act in respect of the contravention and
Section 5 (2) (b) BEFORE amended by 2011-27-23, effective November 24, 2011 (Royal Assent).
(ii) to remedy environmental damage to Crown forest land or Crown range land;
(iv) to defray the costs of investigating contraventions of the Forest Act, the Range Act, the Forest and Range Practices Act, Wildfire Act, or the Forest Practices Code of British Columbia Act, or the regulations and standards made under them;
Section 5 (2.2), (2.3), (2.4) and (2.5) were added by 2014-5-55(a), effective March 30, 2017 (BC Reg 124/2017).
Section 5 (3) (part) BEFORE amended by 2014-5-55(b), effective March 30, 2017 (BC Reg 124/2017).
(3) Amounts received as contributions to the Forest Stand Management Fund, other than amounts referred to in subsection (1),
Section 5 (2) (a) BEFORE amended by 2021-37-101(b), effective March 11, 2024 (BC Reg 57/2024).
(a) the Silviculture Payments Sub-account for a purpose related to the establishment of a free growing stand under section 30 of the Forest and Range Practices Act, or carrying out a silviculture prescription assumed under section 71 of the Forest Practices Code of British Columbia Act, and for expenses directly or indirectly related to such a purpose,
Section 5 (2) (b) (i) BEFORE amended by 2023-43-166(b), effective April 1, 2024 (BC Reg 62/2024).
(i) to carry out work under section 74 (3) (b) of the Forest and Range Practices Act, or section 118 (3) (b) of the Forest Practices Code of British Columbia Act;
Section 5 (2) (b) (iii) BEFORE amended by 2023-43-166(c), effective April 1, 2024 (BC Reg 62/2024).
(iii) for expenses directly or indirectly related to the purposes in subparagraph (i) or (ii);
Section 6 (1) BEFORE amended by 2001-43-19, effective August 27, 2001 (Royal Assent).
(1) The Minister of Environment, Lands and Parks may make payments out of the Habitat Conservation Fund special account for one or more of the following:
Section 6 BEFORE repealed by 2005-3-6, effective March 31, 2005 (BC Reg 31/2005).
Habitat Conservation Fund
6 (1) The Minister of Water, Land and Air Protection may make payments out of the Habitat Conservation Fund special account for one or more of the following:
(a) payment to the Habitat Conservation Trust Fund established under section 111 of the Wildlife Act;
(b) the conservation or enhancement of biological diversity, fish, fish habitat, wildlife or wildlife habitat;
(c) the acquisition and management of land for the conservation or enhancement of a population of a species of fish or wildlife and its habitat;
(d) the furthering, stimulation and encouragement of knowledge and awareness of fish or wildlife and their habitat, or of the Habitat Conservation Trust Fund under the Wildlife Act, by way of promotional, educational or other programs;
(e) the reasonable travelling and out of pocket expenses incurred by persons advising the Minister of Water, Land and Air Protection on conservation or enhancement matters relating to the account;
(f) administration, services and supplies provided in relation to matters referred to in paragraphs (a) to (e) or provided to otherwise manage the account.
(2) The cumulative total of amounts paid out of the fund under subsection (1) in any year must not be more than the cumulative total of
(a) the balance transferred under section 2 of this Act, and
(b) any amounts received under section 8 (2) of the Special Accounts Appropriation and Control Act, S.B.C 1988, c. 26, after March 31, 1988.
(3) If the balance in the account is reduced to nil, the Lieutenant Governor in Council may, by regulation, repeal this section and section 111 (3) (f) of the Wildlife Act.
Section 7 (2) and (7) BEFORE amended by 2001-43-20, effective August 27, 2001 (Royal Assent).
(2) The Minister of Finance and Corporate Relations may establish a special account in the consolidated revenue fund to be known as the Forfeited Crime Proceeds Fund.
(7) The Attorney General may, for the purpose of facilitating the administration of criminal justice and law enforcement in British Columbia and with the approval of the Minister of Finance and Corporate Relations, pay amounts out of the special account in any way the Attorney General considers appropriate.
Section 7 (1) BEFORE amended by 2003-7-57(a), effective April 30, 2004 (BC Reg 193/2004).
(1) In this section "proceeds of crime" means property, benefit or advantage that
(a) falls within the definition of "proceeds of crime" in the Criminal Code, or
(b) is obtained or derived directly or indirectly as a result of an act or omission that, in the jurisdiction in which it occurs, constitutes an offence.
Section 7 (3) to (7) BEFORE amended by 2003-7-57(b), effective April 30, 2004 (BC Reg 193/2004).
(3) The special account established under subsection (2) consists of the money paid into the account by the Attorney General under subsections (4) and (6).
(4) The Attorney General must pay the following into the special account:
(a) any money provided to the Attorney General or the government as proceeds of crime by or on behalf of
(i) the government of Canada, or
(ii) the government of a jurisdiction referred to in subsection (1) (b);
(b) any money provided to the Attorney General or the government that was paid as a fine under
(i) section 462.37 (3) of the Criminal Code,
(ii) any similar provision in any other federal Act, or
(iii) any similar provision of the laws of a jurisdiction outside of Canada;
(c) any money forfeited under section 462.43, 490 (9) or 491.1 (2) of the Criminal Code and provided to the Attorney General;
(d) any money provided to the Attorney General or the government that was forfeited under the Criminal Code as proceeds of crime including, without limitation, money forfeited under section 462.37 (1) or 462.38 of the Criminal Code.
(5) The Attorney General may do one or more of the following in any way the Attorney General considers appropriate:
(a) dispose of any proceeds of crime other than money that is
(i) forfeited to the government, or
(ii) forfeited to any other government and provided to the Attorney General;
(b) dispose of any property other than money that is under section 462.43, 490 (9) or 491.1 (2) of the Criminal Code
(i) forfeited to the government, or
(ii) forfeited to the government of Canada and provided to the Attorney General.
(6) The Attorney General must pay into the special account the proceeds of a disposition referred to in subsection (5) (a) or (b).
(7) The Attorney General may, for the purpose of facilitating the administration of criminal justice and law enforcement in British Columbia and with the approval of the Minister of Finance, pay amounts out of the special account in any way the Attorney General considers appropriate.
Section 7 (4) (a) (ii) BEFORE amended by 2003-7-57(c), effective April 30, 2004 (BC Reg 193/2004).
(ii) the government of a jurisdiction referred to in subsection (1) (b);
Section 7 (6) BEFORE amended by 2003-7-57(f), effective April 30, 2004 (BC Reg 193/2004).
(6) The minister must pay into the special account the proceeds of a disposition referred to in subsection (5) (a) or (b).
Section 7 BEFORE repealed by 2012-10-16, effective September 30, 2012 (BC Reg 275/2012)
Forfeited Crime Proceeds Fund
7 (1) In this section:
"minister" means the minister charged with the administration of this section;
"proceeds of crime" means property, benefit or advantage that
(a) falls within the definition of "proceeds of crime" in the Criminal Code, or
(b) is obtained or derived directly or indirectly as a result of an act or omission that, in the jurisdiction in which it occurs, constitutes an offence;
"relevant provision" means a provision of the Criminal Code or other federal Act prescribed as a relevant provision.
(1.1) A relevant provision prescribed under section 10 (2) (a) or (b) is deemed to include any similar provision of an enactment of a jurisdiction outside of Canada.
(2) The Minister of Finance may establish a special account in the consolidated revenue fund to be known as the Forfeited Crime Proceeds Fund.
(3) The special account established under subsection (2) consists of the money paid into the account by the minister under subsections (4) and (6).
(4) The minister must pay the following into the special account:
(a) any money provided to the minister or the government as proceeds of crime by or on behalf of
(i) the government of Canada, or
(ii) the government of a jurisdiction referred to in paragraph (b) of the definition of "proceeds of crime";
(b) any money provided to the minister or the government that was paid as a fine under
(i) section 462.37 (3) of the Criminal Code,
(ii) any similar provision in any other federal Act, or
(iii) any similar provision of the laws of a jurisdiction outside of Canada;
(c) any money forfeited under section 462.43, 490 (9) or 491.1 (2) of the Criminal Code and provided to the minister;
(d) any money provided to the minister or the government that was forfeited under the Criminal Code as proceeds of crime including, without limitation, money forfeited under section 462.37 (1) or 462.38 of the Criminal Code;
(e) any money, forfeited under a relevant provision, that was provided to the minister or the government directly, or by or on behalf of
(i) the government of Canada, or
(ii) the government of a jurisdiction referred to in subsection (1.1).
(5) The minister may do one or more of the following in any way the minister considers appropriate:
(a) dispose of any proceeds of crime other than money that is
(i) forfeited to the government, or
(ii) forfeited to any other government and provided to the minister;
(b) dispose of any property other than money that is under section 462.43, 490 (9) or 491.1 (2) of the Criminal Code
(i) forfeited to the government, or
(ii) forfeited to the government of Canada and provided to the minister;
(c) dispose of any property other than money that is, under a relevant provision,
(i) forfeited to the government, or
(ii) forfeited to any other government and provided to the minister.
(6) The minister must pay into the special account the proceeds of a disposition referred to in subsection 5 (a), (b) or (c).
(7) The minister may, for the purpose of facilitating the administration of criminal justice and law enforcement in British Columbia and with the approval of the Minister of Finance, pay amounts out of the special account in any way the minister considers appropriate.
(8) The cumulative total of amounts paid out of the special account under subsection (7) must not be larger than the cumulative total of money paid into the special account under subsections (4) and (6).
Section 8 BEFORE amended and renumbered 8 (1) by 2001-43-21, effective August 27, 2001 (Royal Assent).
8 The Minister of Finance and Corporate Relations may pay, in amounts he or she considers necessary or advisable, any interest calculated on and attributable to the balance in the account with the purpose of furthering and encouraging the physical fitness of residents of British Columbia and their participation in amateur sports.
Section 9 BEFORE re-enacted by 2008-10-113, effective March 31, 2008 [retro from May 1, 2008 (Royal Assent)].
Olympic Arts Fund
9 (1) A special account, to be known as the Olympic Arts Fund special account, is established.
(2) The special account established under subsection (1) consists of the following:
(a) an initial balance of $5 million, established on a day before April 1, 2002, as determined by Treasury Board;
(b) an additional $5 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.
(3) The Minister of Community, Aboriginal and Women's Services may pay out of the special account any interest calculated on and attributable to the balance in the special account to fund cultural and artistic activities that will promote
(a) the bid for hosting the 2010 Winter Olympic Games in British Columbia, or
(b) the hosting of those Winter Olympic Games.
Section 9.1 was enacted by 2004-14-18, effective April 1, 2004 [retro from April 29, 2004 (Royal Assent)].
Section 9.1 (3) and (4) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
(3) Despite section 21 (3) of the Financial Administration Act, the Minister of Provincial Revenue may pay out of the special account established under subsection (1) funds for the purpose of
(4) If the Minister of Provincial Revenue determines that a part of the balance of the special account established under subsection (1) is no longer necessary to carry out the purposes of the special account, the Minister of Provincial Revenue may reduce the balance in the special account by that part.
Section 9.2 definition of "minister" BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
"minister" means the Minister of Agriculture, Food and Fisheries;
Section 9.2 (1) definition of "minister" BEFORE repealed by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).
"minister" means the minister;
Section 9.3 (3) BEFORE amended by 2011-13-32, effective June 2, 2011 (Royal Assent).
(3) Despite section 21 (3) of the Financial Administration Act, the minister responsible for the administration of this section may pay out of the special account earnings of the special account, for purposes related to
(a) innovation in the provision of affordable, social or supportive housing, and
(b) innovation in housing development and management.
Section 9.4 (4) BEFORE amended by 2009-4-12, effective April 1, 2007 [retro from March 12, 2009 (Royal Assent)].
(4) Despite section 21 (3) of the Financial Administration Act, the minister responsible for the administration of this section may pay amounts out of the special account for the purpose of providing financial assistance in accordance with the regulations to students born on or after January 1, 2007 who are
(a) eligible in accordance with the regulations, and
(b) enrolled in education programs that are eligible in accordance with the regulations.
Section 9.4 (4) BEFORE amended by 2014-14-49, effective April 1, 2014 [retro from May 29, 2014 (Royal Assent)].
(4) Despite section 21 (3) of the Financial Administration Act, the minister responsible for the administration of this section may pay amounts out of the special account
(a) for the purpose of providing financial assistance in accordance with the regulations to students born on or after January 1, 2007 who are
(i) eligible in accordance with the regulations, and
(ii) enrolled in education programs that are eligible in accordance with the regulations, and
Section 9.4 BEFORE re-enacted by 2014-14-50, effective June 23, 2014 (BC Reg 127/2014).
Children's Education Fund special account
9.4 (1) A special account, to be known as the Children's Education Fund special account, is established.
(2) The special account consists of the following:
(a) an initial balance of $41 200 000, effective April 1, 2007;
(b) in 2008 and each subsequent calendar year, effective April 1 of the year, an additional amount calculated by multiplying $1 000 by the total of
(i) the estimated number of children who will be born in British Columbia in that year, and
(ii) the estimated number of children who will be adopted in British Columbia in that year who were born outside British Columbia on or after January 1, 2007;
(c) all earnings of the special account net of any associated investment fees and expenses.
(3) The estimates required for the purposes of subsection (2) (b) are to be determined by the Minister of Finance based on information provided by the director under the Statistics Act.
(4) Despite section 21 (3) of the Financial Administration Act, the minister responsible for the administration of this section may pay amounts out of the special account for the purposes of
(a) providing financial assistance in accordance with the regulations in respect of children born on or after January 1, 2007 who are eligible in accordance with the regulations,
(b) paying expenses related to the British Columbia Training and Education Savings Program, and
(c) covering any investment losses of the special account.
(5) The Lieutenant Governor in Council may make regulations for the purposes of this section including, without limitation, regulations doing one or more of the following:
(a) prescribing eligibility requirements;
(b) prescribing how the amount of financial assistance for individual students is to be determined;
(c) providing for reconsiderations or appeals of decisions respecting eligibility;
(d) authorizing the collection of personal information from students applying for financial assistance, including information about third parties necessary to determine the eligibility of applicants;
(e) prescribing conditions on which amounts are paid, or authorizing the minister responsible for the administration of this section to establish conditions on which amounts are paid;
(f) establishing requirements for repayment to the government if conditions under paragraph (e) are not met, or if other prescribed circumstances apply;
(g) providing that payments from the special account are not subject to any process of garnishment, attachment, execution or seizure by a creditor.
Section 9.4 (5) (a) BEFORE amended by 2016-3-15, effective March 16, 2016 (BC Reg 79/2016).
(a) providing financial assistance in accordance with the regulations in respect of children born on or after January 1, 2007 who are eligible in accordance with the regulations,
Section 9.4 (2) (b) (part) BEFORE amended by 2021-18-70, effective March 31, 2021 [retro from June 17, 2021 (Royal Assent)].
(b) in 2014 and each subsequent calendar year, effective April 1 of the year, an additional amount calculated by multiplying $1 000 by the total of
Section 9.5 (2) (a) and (b) BEFORE amended by 2010-5-199(a) and (c), effective April 29, 2010 (Royal Assent).
(a) for each quarter of the fiscal year, an amount that the Minister of Finance, by written estimate, estimates to be equal to all the revenue received during that quarter that has been derived from levies under section 68.01 of the Social Service Tax Act;
(b) any other amounts received by the government for payment into the special account.
Section 9.5 (2) BEFORE amended by 2010-5-200(a), effective August 1, 2010.
(2) The special account consists of the following:
(a) for each quarter of a fiscal year, other than a quarter that begins after March 31, 2010, an amount that the Minister of Finance, by written estimate, estimates to be equal to all the revenue received during that quarter that has been derived from levies under section 68.01 of the Social Service Tax Act;
(a.1) an amount that the Minister of Finance, by written estimate, estimates to be equal to all the revenue to be received after March 31, 2010 that has been derived from levies under section 68.01 of the Social Service Tax Act;
(b) any other amounts received by the government before August 1, 2010 for payment into the special account.
Section 9.5 (2) BEFORE amended by 2013-1-117, effective April 1, 2013.
(2) The special account consists of all amounts credited to the special account before August 1, 2010.
Section 9.5 (4) BEFORE repealed by 2013-1-117, effective April 1, 2013.
(4) If the balance in the special account is reduced to nil, the Lieutenant Governor in Council may, by regulation, repeal this section.
Section 9.5 (2) (b) BEFORE amended by 2014-4-109, effective April 1, 2014.
(b) for each quarter of the fiscal year, as that term is defined in the Financial Administration Act, an amount that the Minister of Finance, by written estimate, estimates to be equal to all the revenue received during that quarter that has been derived from tax imposed under Division 11 of Part 3 of the Provincial Sales Tax Act;
Section 9.6 was enacted by 2008-10-114, effective April 1, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 9.7 (4) (part) BEFORE amended by 2018-46-158(c), effective November 27, 2018 (Royal Assent).
(4) Despite sections 21 (3) and 45 (1) of the Financial Administration Act but subject to the prior approval of Treasury Board, the Minister of Finance may pay money out of the special account for the following purposes:
Section 9.8 was enacted by 2024-13-2, effective April 1, 2024 [retro from April 25, 2024 (Royal Assent)].
Section 10 (2) (a) and (b) BEFORE repealed by 2012-10-16, effective September 30, 2012 (BC Reg 275/2012)
(a) prescribing a relevant provision for the purpose of section 7 (4) (e) [forfeited money];
(b) prescribing a relevant provision for the purpose of section 7 (5) (c) [forfeited property];