INFORMATION BULLETIN

2009AG0010-000453 October 7, 2009

Ministry of Attorney General

 

MISCELLANEOUS STATUTES AMENDMENT ACT INTRODUCED

 

VICTORIA – Bill 13, the Miscellaneous Statutes Amendment Act, 2009, was introduced in the legislature today and affects the following provincial statutes:

 

Adult Guardianship and Planning Statutes Amendment Act, 2007 – Amendments will enable the incapacity planning provisions of the act, relating to advance directives, enduring powers of attorney and representation agreements, to be brought into force independently of the adult guardianship provisions. This will ensure important changes that strengthen incapacity planning instruments can be brought into force without unnecessary delay.

 

Assessment Act – Amendments pertain to strata accommodation properties and supportive housing.

 

• An amendment ensures, for 2009 and beyond, new strata accommodation developments will be split-classified to reflect actual use for both residential and commercial purposes, where applicable. Properties grandfathered in 2007 under the act will continue to be classified as class 1 (residential), as long as all regulatory requirements continue to be met. The amendment ensures the original intent of the act is preserved.
• An amendment broadens the definition of eligible supportive housing property to include those funded by regional health authorities. If the property is designated under the supportive housing property class, the assessed value of the land and improvements is reduced to two dollars, resulting in nominal property taxes. This will result in approximately 40 health authority properties across British Columbia being eligible for designation on the 2010 assessment roll.

 

College of Applied Biology Act – Amendments will give the Minister of Environment authority to ensure rules of the College of Applied Biology are not in conflict with the labour mobility objectives of the BC-Alberta Trade, Investment and Labour Mobility Agreement (TILMA). The minister would only make an order to amend the rules of the college (following a 30-day notice period) if it was considered necessary to bring the rules into compliance with TILMA. The new authority is modelled on other occupational legislation, such as the Pharmacists, Pharmacy Operations and Drug Scheduling Act. This amendment was developed as part of the B.C. government’s legislative program for ensuring compliance with TILMA, which came into effect April 1, 2009.

 

Health Professions Act – Introduced changes help to clarify or correct legislation, including:

 

·         An amendment clarifies that forms established by a health professions college registrar for use under bylaws are considered to be part of the college bylaws and are subject to the same ministerial oversight as bylaws made by the college board.

·         An amendment corrects a cross-reference and clarifies that the Minister of Health Services has the authority to disallow bylaws relating to the renewal, suspension, cancellation and reinstatement of the certification of certified non-registrants.

·         A phrase is repealed that prevents a college from disclosing individually identifiable personal information collected under this section to a third party. The Freedom of Information and Protection of Privacy Act applies to health professions colleges and provides the necessary level of protection about the disclosure of information to third parties.

 

Interpretation Act – Changes the official name by which the Yukon is recognized in B.C. legislation that refers to other provinces. Currently, the Yukon is referred to as the Yukon Territory. Amendment changes this reference to Yukon.

 

Judicial Compensation Act – Adds to the composition of the triennial Judicial Compensation Commission and the Judicial Justices Compensation Commission to provide for five-member panels, instead of three-member panels. The two new individuals must not be lawyers. Any person who is or was a member of the judicial council will be prohibited from being appointed to either commission. Judges or retired judges, judicial justices or retired judicial justices and current public servants or employees of Crown corporations are already prohibited.

 

Ministry of Environment Act – Amendment will authorize the continued publication of personal information, such as the names of individuals and the circumstances of violations, in the Ministry of Environment’s quarterly compliance and enforcement summary. Currently, the authorization to disclose this information is provided by a temporary order issued by the Minister of Labour and Citizens’ Services, pending enactment of this legislation. The summary provides the public with information about the compliance and enforcement activities undertaken by the Ministry of Environment.

 

Medicare Protection Act – Amendment clarifies the definition of prescribed agencies to ensure the Medical Services Commission has clear authority to continue to audit doctors and health care practitioners for claims made against a corporation such as ICBC or WorkSafe BC.

 

Municipalities Enabling and Validating Act – Amendments will provide the municipalities of Vancouver, Richmond and Whistler with temporary enforcement powers to enable them to swiftly remove illegal signs and graffiti during the 2010 Olympic and Paralympic Winter Games. The legislation does not change the existing scope of authority to regulate signs and graffiti. Rather, it provides, on a temporary basis, a faster way of removing signs and graffiti that violate municipal bylaws during the short period the Games are underway.

 

Notaries Act – The legislation will bring into force transitional provisions contained in TILMA. The transitional provisions relate to amendments made previously, which removed the former limitation on the number of notaries that could practise in B.C. and the geographical restriction on notaries’ practice.

Public Guardian and Trustee Act – The legislation will ensure there is clear authority for the Public Guardian and Trustee of British Columbia to collect fees for acting as trustee for minors and incapable adults when he is appointed trustee by statute or agreement.

 

Sheriff Act – An amendment to the Sheriff Act more clearly defines the roles and responsibilities of sheriffs as peace officers in the justice system. Examples include specifying sheriffs can provide security on the grounds of courthouse facilities and at judicial conferences.

 

Treaty First Nation Taxation Act,  Manufactured Home Tax Act, Tourist Accommodation (Assessment Relief) Act – These legislative amendments ensure that the Tsawwassen First Nation, as a taxing treaty First Nation, is treated in a manner consistent with municipalities when it comes to property taxation powers and exemptions. The amendments will not increase the tax burden to any person living on Tsawwassen treaty land. The amendments will also be applicable to the Maa-nulth First Nations and other taxing treaty First Nations after their final agreement takes effect.

 

University Act, Royal Roads University Act, Thompson Rivers University Act and College and Institute Act – Proposed amendments to the post-secondary institutions’ governing legislation will recognize existing practices used by institutions to regulate vehicle traffic and parking on their property.

 

Vancouver Charter – Amendments respond to a specific request from the City of Vancouver in preparation for the 2010 Olympic and Paralympic Winter Games. Changes ensure the city has the clear authority to manage specific matters and operational requirements for the Games, as well as other general matters. The amendments are generally consistent with the authorities of other municipalities operating under the Community Charter. They relate to the city’s general authorities to regulate street traffic, signs and advertising and other public activities such as street entertainers and vendors, and the city’s ability to regulate activities through licences and permits.

 

Wildlife Act – Amendment clarifies the definition of wildlife. The change supports the future implementation of previously enacted amendments concerning species at risk.

 

Along with amendments specified, the bill makes minor technical or housekeeping amendments to a number of other statutes.

 

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MINISTRY PUBLIC AFFAIRS BUREAU CONTACT LIST

 

Adult Guardianship and Planning Statutes Amendment Act, 2007, 

Interpretation Act, Judicial Compensation Act, Notaries Act,

Public Guardian and Trustee Act, Sheriff Act

Ministry of Attorney General

Janis Robertson

250 387-5904

250 889-5945 (cell)

 

Assessment Act, Municipalities Enabling and Validating Act,

Vancouver Charter

Ministry of Community and Rural Development

Marika Glickman

250 387-8031

250 360-6535 (cell)

 

College of Applied Biology Act, Ministry of Environment Act,

Wildlife Act

Ministry of Environment

Suntanu Dalal

250 387-9745

 

Health Professions Act, Medicare Protection Act

Ministry of Health Services

250 952-1887

 

Treaty First Nation Taxation Act, Manufactured Home Tax Act,

Tourist Accommodation (Assessment Relief) Act

Ministry of Aboriginal Relations and Reconciliation

Maria Wilkie
250 953-3211

250 361-7720 (cell)

 

University Act, Royal Roads University Act, Thompson Rivers University Act,

College and Institute Act

Ministry of Advanced Education and

Labour Market Development

Craig MacBride

250 356-7882

250 213-1649 (cell)

 

 

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