Approved and Ordered October 26, 2001

ORDER IN COUNCIL 938

Executive Council Chambers, Victoria

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a)  Schedule B of order in council 565/2001 is repealed,
(b)  the transfers of duties, powers and functions, and other changes, set out in Appendix A to this order are made,
(c)  each member of the Executive Council listed in Appendix B is charged with the administration of the enactments specified in Appendix B for that member,
(d)  provisions in previous orders are rescinded insofar as these provisions
  (i)  are inconsistent with a transfer or change made under paragraph (b) of this order, or
  (ii)  charge another member of the Executive Council with responsibility for the administration of an enactment in a manner that conflicts with paragraph (c) of this order, and
(e)  a transfer or change under paragraph (b), or a transfer of administration under paragraph (c), of this order serves also to transfer to the member of the Executive Council the unexpended balance of money and other resources authorized for the administration of the duties, powers, functions and enactments involved.


Appendix A

Finance
1  The duties, powers and functions respecting the Registries Special Operating Agency, Ministry of Competition, Science and Enterprise, are transferred to the Minister of Finance.


Appendix B


ADVANCED EDUCATION
1  The Minister of Advanced Education is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Access to Education
Accountants (Certified General)
Accountants (Chartered)
Accountants (Management)
Applied Science Technologists and Technicians
Architects
Architects (Landscape)
College and Institute
Engineers and Geoscientists
Institute of Technology
Industry Training and Apprenticeship
Music Teachers (Registered)
Open Learning Agency
Private Post-Secondary Education
Royal Roads University
Technical University of British Columbia
Trinity Western University Foundation
University
University Foundations
University of Northern British Columbia
Workers Compensations. 3 (6)

 


AGRICULTURE, FOOD AND FISHERIES
2  The Minister of Agriculture, Food and Fisheries is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Agri-Food Choice and Quality
Agricultural Credit
Agricultural Produce Grading
Agrologists
Animal Disease Control
Bee
British Columbia Wine
Cattle (Horned)
Farm Income Insurance
Farm Practices Protection (Right to Farm)
Farmers and Womens Institutes
Farming and Fishing Industries Development
Fish Inspection
Fisheries
Fisheries Renewal
Food Products Standards
Fur Farm
Game Farm
Grazing Enhancement Special Account
Insurance for Crops
Livestock
Livestock Identification
Livestock Lien
Livestock Protection
Livestock Public Sale
Local Governmentss. 916 to 919
Milk Industryss. 1 to 11, s. 12 in respect of tank milk receiver licences, ss. 13 to 43
Ministry of Agriculture and Food
Natural Products Marketing (BC)
Okanagan Valley Tree Fruit Authority
Pharmacists, Pharmacy Operations and Drug SchedulingPart 8
Plant Protection
Prevention of Cruelty to Animals
Seed Grower
Seed Potato
Soil Conservation
Veterinarians
Veterinary Laboratory
Weed Control

 


ATTORNEY GENERAL & MINISTER RESPONSIBLE FOR TREATY NEGOTIATIONS
3  The Attorney General and Minister Responsible for Treaty Negotiations is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Adult Guardianship
Age of Majority
Attorney Generalss. 1, 2 (a) to (d), (f), (g), (i) and (j), 3 and 4;
ss. 5 and 6 as they relate to the powers, duties and functions of the Attorney General and Minister Responsible for Treaty Negotiations
British Columbia Neurotrauma Fund Contribution
Capital Commission
Capital Region Water Supply and Sooke Hills Protection
Child, Youth and Family Advocacy
Children's Commission
Civil Rights Protection
Class Proceedings
Commercial Appeals Commission
Commercial Arbitration
Companys. 323
Conflict of Laws Rules for Trusts
ConstitutionAct except ss. 25 to 27
Constitutional Amendment Approval
Constitutional Question
Consumer Protection
Cost of Consumer Credit Disclosure
County Boundary
Court Agent
Court of Appeal
Court Order Enforcement
Court Order Interest
Court Rules
Credit Reporting
Criminal Codes. 672.38 (1) insofar as it applies to British Columbia
Criminal Injury Compensation
Crown Counsel
Crown Franchise
Crown Proceeding
Debt Collection
Debtor Assistance
Disciplinary Authority Protection
Election
Electoral Boundaries Commission
Electoral Districts
Enforcement of Canadian Judgments
Escheat
Estate Administration
Estates of Missing Persons
Evidence
Expropriation
Family Compensation
Family Maintenance Enforcement
Family Relations
Federal Courts Jurisdiction
Financial Disclosure
Foreign Arbitral Awards
Foreign Money Claims
Foresterss. 9 (2)
Fraudulent Conveyance
Fraudulent Preference
Frustrated Contract
Good Samaritan
Guide Animal
Human Rights Code
Indian Cut-off Lands Disputes
Infants
Inquiry
International Commercial Arbitration
International Sale of Goods
International Trusts
Interpretation
Judicial Review Procedure
Jury
Justice Administration
Law and Equity
Law Reform Commission
Legal Profession
Legal Services Society
Libel and Slander
Limitation
Liquor Control and Licensing
McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement
Members' Conflict of Interest
Ministry of Consumer and Corporate Affairsss. 3 and 4 (a) insofar as those provisions relate to consumer affairs, and s. 4 (b) to (d)
Ministry of Provincial Secretary and Government Servicesss. 2 (1), (2), (5) and (6), 3, 5, 6 and 7
Negligence
Nisga'a Final Agreement
Notaries
Occupiers Liability
Offence
Ombudsman
Partition of Property
Patients Property
Perpetuity
Power of Appointment
Power of Attorney
Privacy
Probate Recognition
Property Law
Protection of Public Participation
Provincial Court
Public Guardian and Trustee
Public Trustee
Queen's Counsel
Recall and Initiative
Referendum
Regulations
Representation Agreement
Sale of Goods
Sechelt Indian Government District EnablingAct except s. 4
Sheriff
Small Claims
Statute Revision
Statute Uniformity
Subpoena (Interprovincial)
Supreme Court
Survivorship and Presumption of Death
Trade Practice
Treaty Commission
Trespass
Trust and Settlement Variation
Trustee
Trustee (Church Property)
Victims of Crime
WillsAct except Part 2
Wills Variation
Young Offenders (British Columbia)

 


CHILDREN AND FAMILY DEVELOPMENT
4  The Minister of Children and Family Development is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
       
Adoption
Child, Family and Community Service
Human Resource Facility
Secure Care
Social Workers

 


COMMUNITY, ABORIGINAL & WOMEN'S SERVICES
5  The Minister of Community, Aboriginal and Women's Services is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:The Minister of Agriculture, Food and Fisheries is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Arts Council
Assessment
Building Officials' Association
Child Care BC
Cultural Foundation of British Columbia
Electrical Safety
Elevating Devices Safety
Fire Services
Fireworks
First Peoples' Heritage, Language and Culture
Gas Safety
Heritage Conservation
Homeowner Protection
Indian Advisory
Islands Trust
Library
Library Foundation of British Columbia
Local GovernmentAct except Division 2 of Part 15 and ss. 916 to 919
Local Government Grants
Local Services
Manufactured Home Tax
Ministry of International Business and ImmigrationAct insofar as it relates to immigration
Ministry of Labourin relation to gas safety, electrical safety, elevating devices, boiler and pressure vessel safety
Ministry of Lands, Parks and Housingss. 5 (c), 8.1 and 10
Ministry of Municipal Affairs
Ministry of Social Services and Housings. 3 (b), and s. 2 as it applies to s. 3 (b)
Mountain Resort Associations
Multiculturalism
Municipal Aid
Municipal Finance Authority
Museum
Power Engineers and Boiler and Pressure Vessel Safety
Railwayss. 14 to 25, 28, 137, 139 to 149, 152 to 160, 163 to 170, 173 to 179, 185 (3) to (4), 188, 189, 192 to 196, 197 (7) to (8), 245 to 252, 263, 264, 266-281
Recreational Facility
Resort Municipality of Whistler
Sechelt Indian Government District Enablings. 4
Shelter Aid for Elderly Renters
Special Accounts Appropriation and Controlss. 4, 8 and 9
Tourist Accommodation (Assessment Relief)
Travel Agentsss. 11 to 15
University Endowment LandAct except ss. 2 (1) (a) and (d) and 3 (b)
Vancouver Charter

 


COMPETITION, SCIENCE & ENTERPRISE
6  The Minister of Competition, Science and Enterprise is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
       
BC-Alcan Northern Development Fund
British Columbia Enterprise Corporation
Build BCAct except Part 4
Builders Lien
Business Paper Reduction
Community Financial Services
Employee Investment
Hotel Guest Registration
Hotel Keepers
Industrial Development Incentive
Job Protection
Liquor Distribution
Ministry of Industry and Small Business Development
Ministry of International Business and ImmigrationAct except insofar as it relates to immigration
Ministry of International Trade, Science and Investment
Motor Dealer
Natural Resource Community Fund
Northern Development
Science and Technology Fund
Science Council
Securities
Securities (Forged Transfer)
Small Business Venture Capital
Special Enterprise Zone and Tax Relief
Telephone (Rural)
Tourism
Tourism British Columbia
Trade and Convention Centre
Trade Development Corporation
Travel Regulation

 


EDUCATION
7  The Minister of Education is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:The Minister of Agriculture, Food and Fisheries is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Independent School
Public Education Collective Agreement
School
Teaching Profession

 


ENERGY AND MINES
8  The Minister of Energy and Mines is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
British Columbia Railway Finance
Coal
Columbia Basin Trust
Economic Development Electricity Rate
Gas Utility
Geothermal Resources
Hydro and Power Authority
Hydro and Power Authority Privatization
Hydro Power Measures
Mineral Land Tax
Mineral Tax
Mineral Tenure
Mines
Mining Right of Way
Ministry of Energy, Mines and Petroleum Resources
Natural Gas Price
Oil and Gas Commission
Petroleum and Natural Gas
Petroleum and Natural Gas (Vancouver Island Railway Lands)
Pipeline
Power for Jobs Development
Utilities Commission
Vancouver Island Natural Gas Pipeline

 


FINANCE
9  The Minister of Finance is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Auditor General
Balanced Budget
Bonding
Budget Transparency and Accountability
Capital Financing Authority Repeal and Debt Restructuring
Commercial Transportss. 2, 5 to 10, 12 to 14; and ss. 1, 4 and 11 insofar as those provisions relate to affairs of the Insurance Corporation of British Columbia
CompanyAct except s. 323
Company Clauses
Constitutionss. 25 to 27
Cooperative Association
Credit Union Incorporation
Creditor Assistance
Financial AdministrationAct except the powers and duties re holding, administration and disposal of shares of Duke Point Development Ltd. owned by the government
Financial Information
Financial Institutions
Hospital District Finance
Industrial Development
Insurance
Insurance (Captive Company)
Insurance Corporation
Insurance (Marine)
Insurance (Motor Vehicle)
International Financial Business
Manufactured Home
Medical and Health Care Services Special Account
Ministry of Consumer and Corporate Affairsss. 3, 4 (a) in relation to corporate affairs
Ministry of Intergovernmental Relationss. 3
Miscellaneous Registrations, 1992
Mortgage Brokers
Motor Vehicless. 3 to 17, 17.1, 18 to 22, 24 (6) to (7), 26, 26.1, 27, 28, 28.1 to 28.3, 30 to 59, 60 (1) to (3), (7) and (8), 62 to 65, 67 to 72, 74, 77, 80, 81, 82.1, 83, 83.2, 84 to 88, 90, 91, 96, 97.1, 106 to 116, 118 (5), 171, 172, 184, 205 to 207, 212, 213, 215 to 219, 221 to 229; and
ss. 1, 2, 23, 24 (1) to (5), 25, 60 (4) to (6), 66, 75, 76, 78, 82, 83.1, 95, 97, 183, 210, 211 and 220 insofar as those provisions relate to affairs of the Insurance Corporation of British Columbia
Pacific North Coast Native Cooperative
Partnership
Pension Agreement
Pension Fund Societies
Personal Property Security
Premier's Advisory Council for Persons with Disabilities
Probate Fee
Public Education Labour Relations
Public Education Support Staff Collective Bargaining Assistance
Public Sector Employers
Public Sector Pension Plans Act except Part 2
Public Works Agreement
Real Estate
Regulatory Impact Statement
Repairers Lien
Small Business Development
Society
Special Accounts Appropriation and ControlAct except ss. 4, 8 and 9
Special Appropriations
Strata Property
Tax and Consumer Rate Freeze
Transport of Dangerous GoodsAct except s. 23
Tugboat Worker Lien
Unclaimed Property
Warehouse Lien
Warehouse Receipt
Woodworker Lien

 


FORESTS
10  The Minister of Forests is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Forest
Forest Practices Code of British Columbia
Forest Renewal
Forest Stand Management Fund
ForestersAct except s. 9 (2)
Ministry of Forests
Range
South Moresby Implementation Account

 


HEALTH PLANNING
11  The Minister of Health Planning is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Chiropractors
Dentists
Emergency Contraceptive Access
Healthss. 2 to 6
Health Professions
Health Research Foundation
Medical Practitioners
Medicare Protection
Nurses (Registered)
Optometrists
Pharmacists, Pharmacy Operations and Drug SchedulingAct except Part 8
Podiatrists
Seniors Advisory Council
Tobacco Damages and Health Care Costs Recovery
Tobacco Sales

 


HEALTH SERVICES
12  The Minister of Health Services is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Access to Abortion Services
Anatomy
BC Benefits (Income Assistance)Act insofar as it authorizes the Healthy Kids Orthodontia Program
Community Care Facility
Continuing Care
Drinking Water Protection
Forensic Psychiatry
HealthAct except ss. 2 to 6
Health Authorities
Health Care (Consent) and Care Facility (Admission)
Health Emergency
Health Special Account
Hearing Aid
Hospital
Hospital District
Hospital Insurance
Human Tissue Gift
Marriage
Meat Inspection
Mental Health
Milk Industrys. 12, except in respect of tank milk receiver licences
Ministry of Health
Name
Public Toilet
Venereal Disease
Vital Statistics
WillsPart 2

 


HUMAN RESOURCES
13  The Minister of Human Resources is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
BC Benefits (Appeals)
BC Benefits (Child Care Subsidy)
BC Benefits (Income Assistance)Act except insofar as it authorizes the Healthy Kids Orthodontia Program
BC Benefits (Youth Works)
Disability Benefits Program
Ministry of Social Services and Housing  Act except s. 3 (b) and s. 2 as it applies to s. 3 (b)

 


MANAGEMENT SERVICES
14  The Minister of Management Services is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
BC Online
British Columbia Buildings Corporation
Document Disposal
Electronic Transactions
Freedom of Information and Protection of Privacy
Legislative Assembly Allowances and Pension
Legislative Assembly Management Committee
Legislative Assembly Privilege
Legislative Library
Legislative Procedure Review
Ministry of Provincial Secretary and Government
Services
ss. 1, 2 (4), 4 and 8
Public Sector Pension Plans Part 2
Public Service
Public Service Benefit Plan
Public Service Bonding
Public Service Labour Relations
Purchasing Commission
Queen's Printer
Statistics

 


PROVINCIAL REVENUE
15 (1)  The Minister of Provincial Revenue is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Corporation Capital Tax
Esquimalt and Nanaimo Railway Belt Tax
Home Conversion and Leasehold Loan
Home Mortgage Assistance Program
Home Owner Grant
Home Purchase Assistance
Homeowner Interest Assistance
Horse Racing Tax
Hotel Room Tax
Income Tax
Indian Self-Government Enabling
Insurance Premium Tax
International Financial Business (Tax Refund)
Land Tax Deferment
Logging Tax
Mineral Land Tax
Mineral Tax
Mining Tax
Motor Fuel Tax
Petroleum and Natural Gasss. 74 to 77
Property Transfer Tax
Sechelt Indian Government District Home Owner Grant
Social Service Tax
Taxation Rural Area
Tobacco Tax
(2)  The Minister of Provincial Revenue is charged with the administration of the following enactments, insofar as they relate to the collection of public money, as defined in section 1 of the Financial Administration Act, other than a fine, or to the administration of deposits and securities payable under the enactment:
Forest
Forest Practices Code of British Columbia
Forest Stand Management Fund
Ministry of Forests
Petroleum and Natural Gasss. 73, 78, 80 and 81
Range
School
South Moresby Implementation

 


PUBLIC SAFETY AND SOLICITOR GENERAL
16  The Minister of Public Safety and Solicitor General is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Attorney Generals. 2 (e);
ss. 5 and 6 as they relate to the powers, duties and functions of the Minister of Public Safety and the Solicitor General
Cemetery and Funeral Services
Commercial Tenancy
Coroners
Correction
Criminal Records Review
Curfew
Emergency Communications Corporations
Emergency Program
Firearm
Flood Relief
Food Donor Encouragement
Holiday Shopping Regulation
Holocaust Memorial Day
Horse Racing
Local GovernmentDivision 2 of Part 15
Lottery
Lottery Corporation
Ministry of Consumer and Corporate Affairsss. 3 and 4 (a) insofar as those provisions relate to consumer affairs, and s. 4 (b) to (d)
Motion Picture
Parole
Pawnbrokers
Police
Private Investigators and Security Agencies
Rent Distress
Residential Tenancy
Senior Citizen Automobile Insurance Grant
Sex Offender Registry
Travel AgentsAct except ss. 11 to 15
Video Games

 


SKILLS DEVELOPMENT AND LABOUR
17  The Minister of Skills Development and Labour is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Barbers
Cosmetologists
Employment Standards
Fire and Police Services Collective Bargaining
Fire Department
Fishing Collective Bargaining
Industry Training and Apprenticeship  
Labour Relations Code
Ministry of LabourAct except insofar as its provisions relate to gas safety, electrical safety, elevating devices or boiler and pressure vessels safety
Pension Benefits Standards
Skills Development and Fair Wage
Workers CompensationAct except s. 3 (6)

 


SUSTAINABLE RESOURCES MANAGEMENT
18  The Minister of Sustainable Resources Management is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Agricultural Land Reserve
Assessment Authority
Boundary
Commissioner on Resources 
and Environment
Dogwood, Rhododendron and Trillium
Protection
Environment and Land Use
Environmental Assessment
Financial Administrationpowers and duties re holding, administration & disposal of shares of Duke Point Development Ltd. owned by the government
Fish Protection
Greenbelt
Forest Land Reserve
Land
Land Reserve Commission
Land (Spouse Protection)
Land Survey
Land Surveyors
Land Title
Land Title Inquiry
Land Transfer Form
Libby Dam Reservoir
Ministry of Environments. 4 (2) (d)
Ministry of Lands, Parks and Housingss. 2 (3), 3 (3), 5 (a) and (d), 6, 7, 8 and 9
Motor Vehicle (All Terrain)
Muskwa-Kechika Management Area
Railways. 33
University Endowment Landss. 2 (1) (a) and (d) and 3 (b)
Water
Water Utility

 


TRANSPORTATION
19  The Minister of Transportation is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
British Columbia Railway
British Columbia Transit
Build BCPart 4
Commercial Transports. 3; and
ss. 1, 4 and 11 except insofar as those provisions relate to affairs of the Insurance Corporation of British Columbia
Ferry
Ferry Corporation
Greater Vancouver Transportation Authority
Highway
Highway (Industrial)
Highway Scenic Improvement
Ministry of Transportation and HighwaysAct except s. 34
Motor Carrier
Motor Vehicless. 25.1, 29, 61, 73, 79, 89, 92, 93, 93.1, 93.2, 94, 94.1 to 94.6, 98 to 104, 104.1 to 104.95, 105, 105.1 to 105.94, 117, 118 (1) to (4), 118.1 to 118.92, 119 to 170, 173 to 182, 185 to 204, 208, 209, 214, 230, 231 to 236; and
ss. 1, 2, 23, 24 (1) to (5), 25, 60 (4) to (6), 66, 75, 76, 78, 82, 83.1, 95, 97, 183, 210, 211 and 220 except insofar as those provisions relate to the affairs of the Insurance Corporation of British Columbia
Railwayss. 1 to 13, 26, 27, 29 to 32, 34 to 136, 138, 150, 151, 161, 162, 171, 172, 180 to 184, 185 (1), (2) and (5) to (10), 186, 187, 190, 191, 197 (1) to (6), 198 to 244, 253 to 262, 265 and 282
Riverbank Protection
Transport of Dangerous Goodss. 23

 


WATER, LAND AND AIR PROTECTION
20  The Minister of Water, Land and Air Protection is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
Commercial River Rafting Safety
Creston Valley Wildlife
Dike Maintenance
Drainage, Ditch and Dike
Ecological Reserve
Environment Management
Fish Protection
Industrial Operation Compensation
Ministry of EnvironmentAct except s. 4 (2) (d)
Ministry of Lands, Parks and Housingss. 3 (3), 5 (b) and 6
Park
Park (Regional)
Pesticide Control
Protected Areas of British Columbia
Skagit Environmental Enhancement
Sustainable Environment Fund
University Endowment Land Park
Waste Management
Water Protection
Weather Modification
Wildlife

 


INTERGOVERNMENTAL RELATIONS
21  The Minister of State for Intergovernmental Relations is charged with the administration of the following enactments, except insofar as another minister is charged with the administration of the enactment:
      
British Columbia Day
Douglas Day
Ministry of Transportation and Highways   s. 34
Provincial Symbols and Honours
Scholarship

 


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