Resume of Orders in Council

Volume 36, Number 6

Approved and Ordered March 5, 2009

ORDER IN COUNCIL 146
Statutory Authority: Public Service, s. 15
The Schedule to the General Appointment Order, 2006, OIC 656/2006 is amended by repealing: Donald McDonald, Communications Director.

ORDER IN COUNCIL 147
Ministry Responsible: ABORIGINAL RELATIONS AND RECONCILIATION
Statutory Authority: Local Government, s. 795.12
Effective on the date section 3 (1) of the Tsawwassen First Nation Final Agreement Act, S.B.C 2007, c. 39 comes into force, Letters Patent are issued amending the letters patent of the Greater Vancouver Regional District.

ORDER IN COUNCIL 148
Ministry Responsible: ABORIGINAL RELATIONS AND RECONCILIATION
Statutory Authority: Local Government, s. 26.1
Effective on the date section 3 (1) of the Tsawwassen First Nation Final Agreement Act, S.B.C. 2007, c. 39 comes into force, Letters Patent are issued amending the letters patent of the Corporation of Delta.

ORDER IN COUNCIL 149
Ministry Responsible: ATTORNEY GENERAL
Statutory Authority: Local Government Bylaw Notice Enforcement, s. 29
Effective on April 1, 2009: B.C. Reg. 175/2004 - the Bylaw Notice Enforcement Regulation is amended by adding to Schedule 1. (re: Corporation of the City of New Westminster).

ORDER IN COUNCIL 150
Ministry Responsible: ATTORNEY GENERAL
Statutory Authority: Local Government Bylaw Notice Enforcement, s. 29
Effective on April 1, 2009: B.C. Reg. 175/2004 - the Bylaw Notice Enforcement Regulation is amended by adding to Schedule 1. (re: Cariboo Regional District)

ORDER IN COUNCIL 151
Ministry Responsible: ATTORNEY GENERAL and ENVIRONMENT
Statutory Authority: Environmental (Species and Public Protection) Statutes Amendment, 2008 s. 37; Offence, s. 132
(a)   sections 6, 8 (b) and 9 of the Environmental (Species and Public Protection) Statutes Amendment Act, 2008, S.B.C. 2008, c. 33 are brought into force.
(b) Schedule 1 of B.C. Reg. 89/97 - the Violation and Ticket Administration and Fines Regulation is amended in Columns 2 and 3 of Item 7B as described.

ORDER IN COUNCIL 152
Ministry Responsible: ATTORNEY GENERAL and ENVIRONMENT
Statutory Authority: Offence,, s. 132
Effective January 11, 2011: Schedule 2 of B.C. Reg. 89/97 - the Violation and Ticket Administration and Fines Regulation is amended by adding Antifreeze Regulation after the heading and items for "Environmental Management Act".

ORDER IN COUNCIL 153
Ministry Responsible: COMMUNITY DEVELOPMENT
Statutory Authority: Assessment Authority, s. 17 (2)
The 2009 Assessment Authority Bylaw is made.

ORDER IN COUNCIL 154
Ministry Responsible: COMMUNITY DEVELOPMENT
Statutory Authority: Economic Incentive and Stabilization Statutes Amendment, s. 32
Retroactive to the extent necessary to apply for the purposes of the 2009 taxation year under the Assessment Act, the actual value for the 2009 taxation year of the property identified by assessment roll number 15-776-10022.880, known as the Hemlock Valley Ski Hill, is $417 200.

ORDER IN COUNCIL 155
Ministry Responsible: COMMUNITY DEVELOPMENT
Statutory Authority: Local Services s. 6
The Minister of Finance advance from the consolidated revenue fund to the Minister of Community Development the amounts described for the Two Mile Flat Fire Protection Local Area and the Williams Lake Fire Protection Local Area.

ORDER IN COUNCIL 156
Ministry Responsible: COMMUNITY DEVELOPMENT
Statutory Authority: Local Government,s. 6.8
Section 1 of B.C. Reg. 90/2007 - the Resort Regions Regulation is amended by adding the following paragraph:
       (l) the City of Fernie and the portion of the East Kootenay Regional District Electoral Area A outlined in Schedule A attached to the Regional District of East Kootenay - Additional Hotel Room Tax Bylaw No. 1909, 2006.

ORDER IN COUNCIL 157
Ministry Responsible: COMMUNITY DEVELOPMENT
Statutory Authority: Local Services s. 20 and 782; Community Charter, s. 6
Letters Patent issued for the District of Sparwood and for the Regional District of East Kootenay.

ORDER IN COUNCIL 158
Ministry Responsible: COMMUNITY DEVELOPMENT
Statutory Authority: Local Services s. 20 and 782; Community Charter, s. 6
Letters Patent issued for the District of Elkford and for the Regional District of East Kootenay.

ORDER IN COUNCIL 159
Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES
Statutory Authority: Petroleum and Natural Gas, s. 13 (1) (c) ; Administrative Tribunals, ss. 3 and 10
Howard G. Emslie is appointed a member of the Mediation and Arbitration Board for a term ending July 31, 2011.

ORDER IN COUNCIL 160
Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES
Statutory Authority: Petroleum and Natural Gas, s. 13 (1) (c) ; Administrative Tribunals, ss. 3 and 10
Viggo H. Pedersen is appointed a member of the Mediation and Arbitration Board for a term ending July 31, 2011.

ORDER IN COUNCIL 161
Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES
Statutory Authority: Petroleum and Natural Gas, s. 13 (1) (c) ; Administrative Tribunals, ss. 3 and 10
Tracey Wolsey is appointed a member of the Mediation and Arbitration Board for a term ending July 31, 2011.

ORDER IN COUNCIL 162
Ministry Responsible: PUBLIC SAFETY AND SOLICITOR GENERAL
Statutory Authority: Attorney General Statutes Amendment, 2007, s. 228
Section 47 of the Attorney General Statutes Amendment Act, 2007, S.B.C. 2007, c. 14 is brought into force.

ORDER IN COUNCIL 163
Ministry Responsible: ENVIRONMENT
Statutory Authority: Environmental Management, ss. 21 and 138
B.C. Reg. 375/2008 is amended by striking out and replacing section 43(1), as enacted by section 17, regarding amendments to B.C. Reg.63/88, the Hazardous Waste Regulation.

ORDER IN COUNCIL 164
Ministry Responsible: ENVIRONMENT
Statutory Authority: Environmental (Species and Public Protection) Statutes Amendment, 2008, s. 37
Section 15 (a) of the Environmental (Species and Public Protection) Statutes Amendment Act, 2008, S.B.C. 2008, c. 33 is brought into force.

ORDER IN COUNCIL 165
Ministry Responsible: ENVIRONMENT
Statutory Authority: Environmental (Species and Public Protection) Statutes Amendment, 2008, s. 37
Effective June 15, 2009, sections 8 (a) and (c), 14, 15(b), 17 to 27, 30 to 32 and 36 of the Environmental (Species and Public Protection) Statutes Amendment Act, 2008, S.B.C. 2008, c. 33 are brought into force.

ORDER IN COUNCIL 166
Ministry Responsible: ENVIRONMENT
Statutory Authority: Land s. 31
Administration, control and benefit of described land and subsurface rights to Canada for inclusion in the Southern Gulf Islands National Park Reserve. (re: Saturna Island, Cowichan District)

ORDER IN COUNCIL 167
Ministry Responsible: ENVIRONMENT
Statutory Authority: Land s. 31
Administration, control and benefit of described land and subsurface rights to Canada for inclusion in the Southern Gulf Islands National Park Reserve. (re: Sidney Island, North Saanich District; Pender Island, Cowichan District; Saturna Island, Prevost Island, Mayne Island)

ORDER IN COUNCIL 168
Ministry Responsible: ENVIRONMENT
Statutory Authority: Park s. 29 (3) (c)
Schedule B of B.C. Reg. 180/90 - the Park, Conservancy and Recreation Area Regulation is amended. (re: the use of hunting weapons)

ORDER IN COUNCIL 169
Ministry Responsible: ENVIRONMENT
Statutory Authority: Protected Areas of British Columbia (Conservancies and Parks) Amendment, 2008 ss. 12 and 14
(a)   section 10 of the Protected Areas of British Columbia (Conservancies and Parks) Amendment Act, 2008, S.B.C. 2008, c. 26 is brought into force.
(b) Sea to Sky Conservancy 1 is renamed Callaghan Conservancy, and
(c) Sea to Sky Conservancy 2 is renamed Upper Soo Conservancy.

ORDER IN COUNCIL 170
Ministry Responsible: ENVIRONMENT
Statutory Authority: Water s. 44 (1)
The unrecorded waters of Ure Creek and its tributaries, outside the boundaries of Garibaldi Park, New Westminster District are reserved for a two year period from this date, from being taken, or used, or acquired under the Water Act.

ORDER IN COUNCIL 171
Ministry Responsible: ENVIRONMENT
Statutory Authority: Water s. 44 (1)
The unrecorded waters of the following streams in the Vancouver Water District are reserved for a five year period from this date, from being taken, or used, or acquired under the Water Act: Bern Creek and tributaries; Kahkaykay Creek and tributaries; Okeover Creek and tributaries; Sliammon Creek and tributaries, including Appleton Creek; Theodosia River and tributaries; Whiskey Still Creek and tributaries.

ORDER IN COUNCIL 172
Ministry Responsible: ENVIRONMENT
Statutory Authority: Water s. 44 (1)
The unrecorded waters of the following streams in the New Westminster Water District are reserved for a five year period from this date, from being taken, or used, or acquired under the Water Act:
       Albert Flat Brook and tributaries; Emory Creek and tributaries; Keikum Creek and tributaries; Mary Ann Creek and tributaries; Hayward Creek and tributaries including Norvik Creek, Qualark Creek and tributaries; Sawmill Creek and tributaries; Stulkawhits Creek and tributaries; Suka Creek and tributaries, Yale Creek and tributaries, ZZ Creek (8146) and tributaries; Ruby Creek and tributaries; Siwash Creek and tributaries; Gordon Creek and tributaries; Nine Mile Creek and tributaries.

ORDER IN COUNCIL 173
Ministry Responsible: ENVIRONMENT
Statutory Authority: Water s. 101
B.C. Reg. 299/2004 - the Ground Water Protection Regulation is amended as described.

ORDER IN COUNCIL 174
Ministry Responsible: FINANCE
Statutory Authority: Financial Administration s. 19
The Logging Tax Remission Regulation is made.

ORDER IN COUNCIL 175
Ministry Responsible: FINANCE
Statutory Authority: Financial Administration ss. 50, 51, 53, 53.1 and 65
Borrowing authority for $5.81 Billion.

ORDER IN COUNCIL 176
Ministry Responsible: FINANCE
Statutory Authority: Financial Administration ss. 50, 51, 53, 53.1 and 65
Sections 3 and 5 of the Schedule to OIC 296/2004 are amended by striking out "$5,950,000,000" and substituting "$8,000,000,000".

ORDER IN COUNCIL 177
Ministry Responsible: FINANCE
Statutory Authority: Financial Administration ss. 50, 51, 53, 53.1 and 65
Sections 7 and 8 of OIC's 238/2008, 244/2005, 692/2004, 296/2004 and 295/2004 are amended by striking out "Assistant Deputy minister, Provincial Treasury and Registries, Ministry of Finance" and substituting "Assistant Deputy Minister, Provincial Treasury and Crown Agencies Secretariat, Ministry of Finance".

ORDER IN COUNCIL 178
Ministry Responsible: FINANCE
Statutory Authority: Hotel Room Tax s. 43 (2)
Effective April 1, 2009: B.C. Reg. 89/2007 - the Schedule to the Resort Area Tax Regulation is amended by adding item 13. (re: City of Fernie)

ORDER IN COUNCIL 179
Ministry Responsible: FINANCE
Statutory Authority: Hotel Room Tax s. 43 (2) (e) (f) (g)
Effective May 1, 2009:
(a)   B.C. Reg. 73/2004 - the Eligible Entities Regulation is amended by adding section 3 Qualification of entities (Oceanside Tourism Association)
(b) B.C. Reg. 9/2005 - the Additional Tax Regulation (City of Parksville, Town of Qualicum Beach) is repealed.
(c) B.C. Reg. 293/2005 - The Additional Tax Regulation for the Regional District of Nanaimo, is repealed.
(d) The Additional Tax Regulation for the Oceanside Tourism Association is made.

ORDER IN COUNCIL 180
Ministry Responsible: FINANCE
Statutory Authority: Hotel Room Tax s. 43 (2) (e) (f)
Effective June 1, 2009: B.C. Reg. 163/2004 - the Additional Tax Regulation (City of Burnaby) is repealed and the Additional Tax Regulation for the City of Burnaby is made.

ORDER IN COUNCIL 181
Ministry Responsible: FINANCE
Statutory Authority: Hotel Room Tax s. 43 (2) (e) (f)
Effective June 1, 2009: B.C. Reg. 125/2004 - the Additional Tax Regulation (District of Wells) is repealed and the Additional Tax Regulation for the District of Wells is made.

ORDER IN COUNCIL 182
Ministry Responsible: FINANCE
Statutory Authority: Hotel Room Tax s. 43 (2) (e) (f)
Sections 3 and 4 of B.C. Reg. 432/2004 - the Additional Tax Regulation (City of Richmond), is repealed and section 3 replaced (re: Purpose for tax expenditure).

ORDER IN COUNCIL 183
Ministry Responsible: FINANCE
Statutory Authority: Income Tax s. 10
Effective July 1, 2009 - B.C. Reg. 231/98 - the Income Tax (BC Family Bonus) Regulation is amended.

ORDER IN COUNCIL 184
Ministry Responsible: FINANCE
Statutory Authority: Insurance (Captive Company) s. 13
B.C. Reg. 157/87 - the Insurance (Captive Company) Regulation is amended by adding section: 6.22 Transportation Property and Casualty Company Exemption.

ORDER IN COUNCIL 185
Ministry Responsible: FINANCE
Statutory Authority: International Financial Activity ss. 2 and 65
Effective April 1, 2009: B.C. Reg. 327/2004 - the International Financial Activity Regulation is amended as described.

ORDER IN COUNCIL 186
Ministry Responsible: FINANCE
Statutory Authority: Land Tax Deferment s. 18
1.   B.C. Reg. 57/98 - the Land Tax Deferment Regulation is amended in section 5 by adding "and (2.1) (e)" after "section 5 (1) (e)".
2. Section 6 is repealed and substituted: 6 Minimum equity required.

ORDER IN COUNCIL 187
Ministry Responsible: FINANCE
Statutory Authority: Public Sector Pension Plans s. 26 (2)(a)
B.C. Reg. 158/2003 - the Designated Institutions Regulation is amended in section 1 by adding the following paragraph:
      (m) Healthcare Benefit Trust.

ORDER IN COUNCIL 188
Ministry Responsible: FINANCE
Statutory Authority: Real Estate Services s. 56 (1) (a), 70 (1), 130
B.C. Reg. 506/2004 - the Real Estate Services Regulation is amended as described.

ORDER IN COUNCIL 189
Ministry Responsible: FINANCE
Statutory Authority: Trade, Investment and Labour Mobility Agreement Implementation s. 80; Business Corporations ss. 399.2 and 432
Effective March 30, 2009,
(a)   sections 7 to 24 of the Trade, Investment and Labour Mobility Agreement Implementation Act, 2008, S.B.C. 2008, c. 39 are brought into force.
(b) the Extraprovincial Companies and Foreign Entities from a Designated Province Regulation is made.
 
ORDER IN COUNCIL 190
Ministry Responsible: FINANCE
Statutory Authority: Trade, Investment and Labour Mobility Agreement Implementation s. 80; Cooperative Association ss. 178.4 and 211
Effective March 30, 2009,
(a)   sections 30 to 34 of the Trade, Investment and Labour Mobility Agreement Implementation Act, 2008 S.B.C. 2008, c. 39 are brought into force.
(b) the Extraprovincial Associations and Corporations from a Designated Province Regulation is made.
 
ORDER IN COUNCIL 191
Ministry Responsible: FINANCE
Statutory Authority: Trade, Investment and Labour Mobility Agreement Implementation s. 80; Partnership s. 131
Effective March 30, 2009
(a)   sections 71 to 75 of the Trade, Investment and Labour Mobility Agreement Implementation Act, 2008 S.B.C. 2008, c. 39 are brought into force.
(b) the Extraprovincial Limited Liability Partnerships and Limited Partnerships from a Designated Province Regulation is made.

ORDER IN COUNCIL 192
Ministry Responsible: FORESTS AND RANGE
Statutory Authority: Forest s. 151 (2) (b.3)
The Forest Licence Regulation is made.

ORDER IN COUNCIL 193
Ministry Responsible: FORESTS AND RANGE
Statutory Authority: Forest ss. 8.1, 63, 151, 157 and 173 ; Forests and Range Statutes Amendment, 2007, s. 103; Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment, 2008, s. 37
(a)   the following provisions of the Forests and Range Statutes Amendment Act, 2007 S.B.C. 2007, c. 18 are brought into force:
  (i)   sections 1, 4, 13(b), 17, 26, 42, 47, 49 and 51.
  (ii)   section 66 (a) insofar as it enacts paragraphs (a.1), (a.2) and (b.2) of the Forest Act.
(b) sections 14 to 23 of the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008 S.B.C. 2008, c. 20 are brought into force.
(c) B.C. Reg. 156/94 - the Allowable Annual Cut Proportionate Reduction Regulation is repealed.
(d) the Allowable Annual Cut Administration Regulation is made.
 
ORDER IN COUNCIL 194
Ministry Responsible: FORESTS AND RANGE
Statutory Authority: Forests and Range Statutes Amendment, 2008 s. 36; Wildfire ss. 4 and 69
(a)   sections 33 and 35 of the Forests and Range Statutes Amendment Act, 2008 S.B.C. 2008, c. 4 are brought into force.
(b) B.C. Reg. 38/2005 - the Wildfire Regulation is amended by adding the following sections: 2.1 Prescribed Municipalities, 2.2 Prescribed criteria for bylaw 2.3 Prescribed circumstances respecting private managed forest land; and by repealing and replacing section 3.
 
ORDER IN COUNCIL 195
Ministry Responsible: PUBLIC SAFETY AND SOLICITOR GENERAL
Statutory Authority: Crown Prerogative
(a)   the Proclamation issued under OIC 238/1995, designating the fourth week of April as Prevention of Violence Against Women Week is rescinded.
(b) a Proclamation is issued designating the third week of April, 2009 as Prevention of Violence Against Women Week.

 
Ministerial Orders

MINISTERIAL ORDER 57
Ministry Responsible: HEALTH SERVICES
Statutory Authority: Health Authorities, s. 4
Arvinder S. Bubber is appointed as a member of the Fraser Health Authority for a term from March 21, 2009 to August 31, 2010.

MINISTERIAL ORDER 58
Ministry Responsible: HEALTH SERVICES
Statutory Authority: Health Professions, s. 17
Robert S. (Bob) Johnstone is appointed as a new public member to the Board of the College of Registered Nurses of British Columbia for a term ending August 31, 2010.

MINISTERIAL ORDER 59
Ministry Responsible: HEALTH SERVICES
Statutory Authority: Health Professions, s. 17
Sylvia Skratek is reappointed as a public member to the Board of the College of Licensed Practical Nurses of British Columbia, for a term from April 27, 2009 to April 27, 2012.

MINISTERIAL ORDER 60
Ministry Responsible: HEALTH SERVICES
Statutory Authority: Health Professions, s. 17
The following persons are appointed as new public members to the board of the college of Dental Hygienists of British Columbia for the terms indicated:
       Tara McPhail, from February 28, 2009 to February 28, 2010;
Paul W. Smith, from February 28, 2009 to February 28, 2010; and,
Margaret W. Winters, from February 28, 2009 to February 28, 2010.

MINISTERIAL ORDER 61
Ministry Responsible: AGRICULTURE AND LANDS
Statutory Authority: Ministry of Lands, Parks and Housing, s. 9
The disposition of described land (Lot 124), in fee simple, subject to the Incremental Treaty Agreement with the Tla-o-qui-aht First Nation, is transferred to Tsii-waa-cahs Holdings Ltd.

MINISTERIAL ORDER 62
Ministry Responsible: HEALTH SERVICES
Statutory Authority: Health Professions, s. 19 (3.2) (b); Ministry of Health, s. 4 (2)
(a)   The repeal of all rules made by the board of examiners under the Optometrists Act, as set out in the resolution of the board of the College of Optometrists of British Columbia dated March 1, 2009, comes into force on March 1, 2009.
(b) The bylaws made by the board of the College of Optometrists of British Columbia under the Health Professions Act, as set out in the schedule to the resolution of the board of the College dated March 1, 2009, come into force on March 1, 2009.
 
MINISTERIAL ORDER 63
Ministry Responsible: CHILDREN AND FAMILY DEVELOPMENT
Statutory Authority: Community Services Interim Authorities, ss. 3 and 14.1
Effective March 31, 2009,
a)   the Fraser Region Interim Aboriginal Authority and the Vancouver Island Aboriginal Transition Authority, established by B.C. Reg. 277/2007, the Interim Authorities Regulation, are abolished, and,
b) The Transfer of Assets and Liabilities Regulation is made.

MINISTERIAL ORDER 64
Ministry Responsible: FINANCE
Statutory Authority: Land Tax Deferment, ss. 8 and 9
The Interest Rate Regulation is made for the six month period beginning on April 1, 2009.

Copyright © Queen's Printer, Victoria, British Columbia, Canada