Resume of Orders in Council

Volume 36, Number 7


Proclamations

 
Approved and Ordered March 11, 2009

ORDER IN COUNCIL 196

Ministry Responsible: ENVIRONMENT

Statutory Authority: Wildlife, ss. 19 and 108

a)  Effective March 16, 2009: B.C. Reg. 168/90 - the Designation and Exemption Regulation is amended as set out in Schedule 1.

b)  Effective March 16, 2009: B.C. Reg. 253/2000 - the Permit Regulation is amended as set out in Schedule 2.

c)  Effective April 1, 2010: B.C. Reg. 253/2000 - the Permit Regulation is amended as set out in Schedule 3.

 
Approved and Ordered March 12, 2009

ORDER IN COUNCIL 197

Ministry Responsible: ABORIGINAL RELATIONS AND RECONCILIATION

Statutory Authority: Tsawwassen First Nation Final Agreement, s. 11

Effective the date section 3 of the Tsawwassen First Nation Final Agreement Act comes into force, the Minister of Public Safety and Solicitor General is authorized to enter into the Police Service Agreement and Police Services Amending Agreement.

ORDER IN COUNCIL 198

Ministry Responsible: ADVANCED EDUCATION AND LABOUR MARKET DEVELOPMENT

Statutory Authority: College and Institute, s. 41 (1)

Effective April 1, 2009,

a)  the appointment of Peter Meekison as public administrator made by OIC 360/04 is rescinded, and

b)  Ruth Wittenberg is appointed as public administrator to discharge the powers, duties and functions of the board and education council of the Okanagan University College.

ORDER IN COUNCIL 199

Ministry Responsible: ADVANCED EDUCATION AND LABOUR MARKET DEVELOPMENT

Statutory Authority: Public Service, s. 5.01 (6) (a)

If the office of the merit commissioner becomes vacant at the end of the term of the current merit commissioner and the Legislative Assembly is not then sitting, effective May 26, 2009, Joy Illington is appointed as acting merit commissioner. Remuneration is set.

ORDER IN COUNCIL 200

Ministry Responsible: AGRICULTURE AND LANDS

Statutory Authority: Veterinary Drugs, s. 71

Effective April 1, 2009, B.C. Reg. 47/82 - the Veterinary Drug and Medicated Feed Regulation is amended as described.

ORDER IN COUNCIL 201

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Legal Services Society, s. 4

Janice Comeau is appointed to the Board of Directors of the Legal Services Society for a term ending November 30, 2009. The appointment of Janice Comeau made by OIC 316/2006 is rescinded.

ORDER IN COUNCIL 202

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Local Government Bylaw Notice Enforcement, s. 29

Effective May 1, 2009, B.C. Reg. 175/2004 -- the Bylaw Notice Enforcement Regulation is amended by adding "May 1, 2009 -- City of Cranbrook" to Schedule 1.

ORDER IN COUNCIL 203

Ministry Responsible: HEALTHY LIVING AND SPORT

Statutory Authority: Community Care and Assisted Living, s. 34 (2) (d)

Effective October 1, 2009, B.C. Reg. 332/2007 - the Child Care Licensing Regulation is amended.

ORDER IN COUNCIL 204

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Patients Property, s. 31 (1)

Effective March 18, 2009, Elisa Humphreys is appointed the committee of the estate in British Columbia of Aileen Joy Humphreys.

ORDER IN COUNCIL 205

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Utilities Commission, s. 3

Direction No. 1 to the British Columbia Utilities Commission is made.

ORDER IN COUNCIL 206

Ministry Responsible: COMMUNITY DEVELOPMENT

Statutory Authority: Local Government Grants, s. 7

B.C. Reg. 221/95 - the Local Government Grants Regulation is amended in section 2, 3 and 7 as described.

ORDER IN COUNCIL 207

Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES

Statutory Authority: Energy Efficiency, s. 6

1.  B.C. Reg. 389/93 - the Energy Efficiency Standards Regulation is amended as described.

2.  Effective June 1, 2009 - section 5 of B.C. Reg. 389/93 - the Energy Efficiency Standards Regulation is amended by repealing and substituting subsection (3).

ORDER IN COUNCIL 208

Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES

Statutory Authority: Environment and Land Use, s. 7

The chief inspector under the Mines Act must not

a)  issue a permit under section 10 of the Mines Act in relation to exploration for uranium or thorium

b)  exempt any person under section 10 (2) of the Mines Act from the requirement to obtain a permit under section 10 of that Act in relation to exploration for uranium or thorium.

ORDER IN COUNCIL 209

Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES

Statutory Authority: Oil and Gas Commission, ss. 6.5 and 22

Effective July 1, 2009, section 3 of B.C. Reg. 363/98 - the Oil and Gas Commission Levy and Orphan Site Reclamation Fund Tax Regulation is amended in paragraph (a) by striking out "$0.94" and substituting "$1.09" and in paragraph (b) by striking out "$0.47" and substituting "$0.55".

ORDER IN COUNCIL 210

Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES

Statutory Authority: Petroleum and Natural Gas, ss. 132 and 133

Effective April 1, 2009, section 2 of B.C. Reg. 357/98 - the Petroleum and Natural Gas General Regulation is amended as described.

ORDER IN COUNCIL 211

Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES

Statutory Authority: Petroleum and Natural Gas, s. 73

Section 7 (7.1) (a.1) of B.C. Reg. 495/92 - the Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation is amended as described.

ORDER IN COUNCIL 212

Ministry Responsible: ENVIRONMENT

Statutory Authority: Protected Areas of British Columbia (Conservancies and Parks) Amendment, 2008, s. 14

Section (9) (a) of the Protected Areas of British Columbia (Conservancies and Parks) Amendment Act, 2008, S.B.C. 2008, c. 26, insofar as it establishes the Broughton Archipelago Conservancy, the Burdwood Group Conservancy and the Polkinghorne Islands Conservancy, is brought into force.

ORDER IN COUNCIL 213

Ministry Responsible: FINANCE

Statutory Authority: Financial Administration, s. 19

The Land Tax Deferment Administration Fee Remission Regulation is made.

ORDER IN COUNCIL 214

Ministry Responsible: FINANCE

Statutory Authority: Insurance (Captive Company), s. 13

Section 6.22 of B.C. Reg. 157/87 - the Insurance (Captive Company) Regulation is repealed and replaced.

ORDER IN COUNCIL 215

Ministry Responsible: FORESTS AND RANGE

Statutory Authority: Forest, s. 47.6 (2) (d)

B.C. Reg. 221/2006 - the Forestry Licence to Cut Regulation is amended by repealing and substituting section 4 (a).

ORDER IN COUNCIL 216

Ministry Responsible: FORESTS AND RANGE

Statutory Authority: Forest, ss. 1, 84, 86, 96 and 151 (1.1), (2) (d), (n) and (3)

1.  Section 1 of B.C. Reg. 241/2003 - the Special Forest Products Regulation is amended by adding the following paragraphs:

(i) woodchips

(j) hogged tree material

2.  Section 5 of B.C. reg. 446/94 - the Scaling Regulation is amended as described.

3.  B.C. Reg. 253/97 - the Timber Marketing and Transportation Regulation is amended as described.

ORDER IN COUNCIL 217

Ministry Responsible: FORESTS AND RANGE

Statutory Authority: Forest, ss. 128 and 129

Atco Wood Products Ltd. Residual Wood Chip Export Order is made. This order is rescinded 2 years after the date on which it is made.

ORDER IN COUNCIL 218

Ministry Responsible: FORESTS AND RANGE

Statutory Authority: Forest, ss. 128 and 129

Ponderosa Pine Timber Export Order is made. This order is rescinded 1 year after the date on which it is made.

ORDER IN COUNCIL 219

Ministry Responsible: FORESTS AND RANGE

Statutory Authority: Forest, ss. 128 and 129

Kalesnikoff Lumber Co. Ltd Residual Sawdust and Shavings Export Order is made. This order is rescinded 3 years after the date on which it is made.

ORDER IN COUNCIL 220

Ministry Responsible: FORESTS AND RANGE

Statutory Authority: Forest and Range Practices, ss. 4, 141 and 146

B.C. Reg. 14/2004 - the Forest and Planning and Practices Regulation is amended in section 19.1 by striking out "not" and by adding the following sections:

19.2 - When forest stewardship plan not required

45.2 - Exemption respecting free growing stand for certain timber sale licences.

ORDER IN COUNCIL 221

Ministry Responsible: HEALTH SERVICES

Statutory Authority: Health Professions, s. 50.51

Section 1 of OIC 947/2008 is amended by striking out "Donald L. Silversides of Prince Rupert" and substituting "Donald A. Silversides of Prince Rupert".

ORDER IN COUNCIL 222

Ministry Responsible: HEALTH SERVICES

Statutory Authority: Pharmacy Operations and Drug Scheduling, s. 1 and 15 (2)

Effective April 2, 2009,

1.  B.C. Reg. 537/2004 - the Access to PharmaNet Patient Record Information Regulation is repealed, and

2.  the Access to PharmaNet Regulation is made.

ORDER IN COUNCIL 223

Ministry Responsible: HEALTH SERVICES

Statutory Authority: Vital Statistics, s. 41.1

Approval is given for the Information Sharing Agreement, executed February 23, 2009, between the chief executive officer of the Vital Statistics Agency and the University of British Columbia (Population Data BC)

ORDER IN COUNCIL 224

Ministry Responsible: HEALTH SERVICES

Statutory Authority: Vital Statistics, s. 41.1

Approval is given for the 4 information sharing agreements, executed February 20, 2009, between the chief executive officer of the Vital Statistics Agency and the Provincial Health Services Authority of BC (PHSA).

ORDER IN COUNCIL 225

Ministry Responsible: HEALTHY LIVING AND SPORT

Statutory Authority: Community Care and Assisted Living, s. 34

1.  Effective October 1, 2009, B.C. Reg. 536/80 - the Adult Care Regulations is repealed.

2.  Effective October 1, 2009, the Residential Care Regulation is made.

ORDER IN COUNCIL 226

Ministry Responsible: HOUSING AND SOCIAL DEVELOPMENT

Statutory Authority: Employment and Assistance, s. 35; Employment and Assistance for Persons with Disabilities, s. 26

Effective April 28, 2009, B.C. Reg. 263/2002 - the Employment and Assistance Regulation and B.C. Reg. 265/2002 - the Employment and Assistance for Persons with Disabilities Regulations are amended to exempt those applicants from the three week work search requirement as described.

ORDER IN COUNCIL 227

Ministry Responsible: HOUSING AND SOCIAL DEVELOPMENT

Statutory Authority: Employment and Assistance, s. 35; Employment and Assistance for Persons with Disabilities, s. 26

Effective April 28, 2009, B.C. Reg. 263/2002 - the Employment and Assistance Regulation and B.C. Reg. 265/2002 - the Employment and Assistance for Persons with Disabilities Regulations are amended to exempt sole applicants with a child under age three from the three week work search requirement as described.

ORDER IN COUNCIL 228

Ministry Responsible: HOUSING AND SOCIAL DEVELOPMENT

Statutory Authority: Liquor Control and Licensing, s. 84

Section 43 (7) of B.C. Reg. 244/2002 - the Liquor Control and Licensing Regulation is amended by adding paragraph (e). (re: recognition of server training programs from other jurisdictions)

ORDER IN COUNCIL 229

Ministry Responsible: PUBLIC SAFETY AND SOLICITOR GENERAL

Statutory Authority: Interpretation s. 11 (3); Constitution, ss. 10 and 13

The Police Act, R.S.B.C., c. 367, is amended in the definition of "director" in section 1 and in section 63.1 (1) (b) by striking out "Ministry of Attorney General" and substituting "Ministry of Public Safety and Solicitor General".

ORDER IN COUNCIL 230

Ministry Responsible: PUBLIC SAFETY AND SOLICITOR GENERAL

Statutory Authority: Motor Vehicle, s. 210 (3.1)

B.C. Reg. 26/58 - the Motor Vehicle Act Regulations are amended. (re: vehicle impoundment towing and storage rates)

ORDER IN COUNCIL 231

Ministry Responsible: PUBLIC SAFETY AND SOLICITOR GENERAL

Statutory Authority: Police, ss. 3 and 14

OIC 281/1992 is amended by repealing and substituting Schedule D.

ORDER IN COUNCIL 232

Ministry Responsible: PUBLIC SAFETY AND SOLICITOR GENERAL

Statutory Authority: Police, s. 66.2

Effective on the date section 3 of the Tsawwassen First Nation Final Agreement Act comes into force, approval is given to the terms respecting funding for the policing and law enforcement services provided by the Corporation of Delta Police Department to the treaty lands of the Tsawwassen First Nation under the agreement set out in Appendix 2, as amended by an agreement set out in Appendix 1.

ORDER IN COUNCIL 233

Ministry Responsible: PUBLIC SAFETY AND SOLICITOR GENERAL

Statutory Authority: Security Services, s. 52

B.C. Reg. 207/2008 - the Security Services Regulation is amended as described.

ORDER IN COUNCIL 234

Ministry Responsible: SMALL BUSINESS, TECHNOLOGY AND ECONOMIC DEVELOPMENT

Statutory Authority: Miscellaneous Statutes Amendment, 2008, s. 77

Section 7 of the Miscellaneous Statutes Amendment, 2008, S.B.C. 2008, c. 30 is brought into force.

ORDER IN COUNCIL 235

Ministry Responsible: TRANSPORTATION AND INFRASTRUCTURE

Statutory Authority: Financial Administration, ss. 72, 74 and 75

Approval is given for the Provincial Payment Guarantee and Support Agreement.

ORDER IN COUNCIL 236

Ministry Responsible: TRANSPORTATION AND INFRASTRUCTURE

Statutory Authority: Commercial Transport, s. 11; Motor Vehicle, s. 210

a)  B.C. Reg. 30/78 - the Commercial Transport Regulations are amended in section 7.11 (1) (c) (iv) by striking out "in" and substituting "visible from".

b)  B.C. Reg. 26/58 - the Motor Vehicle Act Regulations are amended in section 7.07 (1) (c) by striking out "consisting of a chain or metal cable equal in strength to the principal coupling device" and substituting "with a breaking strength of not less than the gross weight of the vehicle or vehicles being towed".

ORDER IN COUNCIL 237

Ministry Responsible: TRANSPORTATION AND INFRASTRUCTURE

Statutory Authority: Transportation, s. 45 (1) (a) (i); Community Charter, s. 35 (8) (a)

The City of Port Coquitlam Highway Resumption Order and Arterial Highway (21R) Designation Order is made.

ORDER IN COUNCIL 238

Ministry Responsible: HEALTH SERVICES

Statutory Authority: Vital Statistics, s. 41.1
Approval is given for the information sharing agreement, executed February 12, 2009, between the chief executive officer of the Vital Statistics Agency and the BC Coroners Service.

 
Ministerial Orders

MINISTERIAL ORDER 65

Ministry Responsible: HOUSING AND SOCIAL DEVELOPMENT

Statutory Authority: Employment and Assistance, s. 19

MO 288/2008 is amended by striking out "Karen Gillian" and substituting "Karen Gillan".

MINISTERIAL ORDER 66

Ministry Responsible: ENERGY, MINES AND PETROLEUM RESOURCES

Statutory Authority: Petroleum and Natural Gas, s. 13; Administrative Tribunals, s. 10 (2)

Remuneration is set for the following members of the Mediation and Arbitration Board:

Howard G. Emslie,

Viggo H. Pedersen, and

Tracy Wolsey

MINISTERIAL ORDER 67

Ministry Responsible: ADVANCED EDUCATION AND LABOUR MARKET DEVELOPMENT

Statutory Authority: Industry Training Authority, s. 3

Effective April 5, 2009, Allan Bruce is reappointed to the Board of Directors of the Industry Training Authority, for a term ending April 5, 2010.

MINISTERIAL ORDER 68

Ministry Responsible: ABORIGINAL RELATIONS AND RECONCILIATION

Statutory Authority: Nisgaa Final Agreement, s. 3

In accordance with paragraph 5 of the Implementation Chapter of the Nisgaa Final Agreement, effective February 23, 2009,

• Charles Hunter, Negotiator, Implementation and Legislation Unit, is appointed at pleasure as a member of the Implementation Committee, and

• the appointment of Rob Draeseke, Director, Fiscal Arrangements and Climate Change Fiscal Branch, as a member of the Implementation Committee, is rescinded

MINISTERIAL ORDER 69

Ministry Responsible: COMMUNITY DEVELOPMENT

Statutory Authority: Nechako-Kitamaat Development Fund Society

Justus Benckhuysen is reappointed as a member of the Nechako-Kitamaat Development Fund Society for a term extending from March 15, 2009 to March 15, 2010.

MINISTERIAL ORDER 70

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority:

The MO dated March 3, 2006, which appointed the Comptroller of Water Rights to manage and operate the water system at Canim Lake, which was owned by Canim Lake Estates Ltd., and which vested in the Provincial Crown upon the dissolution of Canim Lake Estates Ltd. on June 13, 2005, is rescinded effective on the date of this MO.

MINISTERIAL ORDER 71

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Escheat, s. 4.1 (4)

Effective on the date of this MO, all the right, title and interest of the Crown in the personal property which constitutes the water system which was formerly owned by Canim Lake Estates Ltd. and which vested in the Crown upon the dissolution of the Company on June 13, 2005, is transferred to the Cariboo Regional District.

MINISTERIAL ORDER 72

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Escheat, s. 8

Effective on the date of this MO, all the right, title and interest of the Crown in the Replacement Reserve Trust Fund and the Maintenance Reserve Trust Fund, which Funds were established for the water system in respect of the utility, Canim Lake Estates Ltd. are transferred to the Cariboo Regional District.

MINISTERIAL ORDER 73

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Escheat, s. 4.1 (4)

Effective on the date of this MO, all the right, title and interest acquired by the Crown in the following interests in land, by reason of the dissolution of Canim Lake Estates Ltd. on June 13, 2005, is transferred to the Cariboo Regional District:

Right of way K64985

Statutory Right of Way T23-911

MINISTERIAL ORDER 74

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Escheat, s. 4.1 (4)

Effective on the date of this MO, all the right, title and interest of the Crown in the personal property which constitutes the water system which was formerly owned by Horse Lake Waterworks Ltd. and which vested in the Crown upon the dissolution of the Company on June 13, 2005, is transferred to the Cariboo Regional District.

MINISTERIAL ORDER 75

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Escheat, s. 8

Effective on the date of this MO, all the right, title and interest of the Crown in the Replacement Reserve Trust Fund and the Maintenance Reserve Trust Fund, which funds were established for the water system in respect of the utility, Horse Lake Waterworks Ltd., is transferred to the Cariboo Regional District.

MINISTERIAL ORDER 76

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Escheat, s. 4.1 (4)

Effective on the date of this MO, all the right, title and interest acquired by the Crown in the following interest in land, by reason of the dissolution of Horse Lake Waterworks Ltd:

Right of Way J40497

Easement H40839

MINISTERIAL ORDER 77

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority:

The MO dated March 3, 2006, which appointed the Comptroller of Water Rights to manage and operate the water system at Horse Lake Anderson subdivision, which was owned by Horse Lake Waterworks Ltd., is rescinded, effective the date of this MO.

MINISTERIAL ORDER 78

Ministry Responsible: HEALTH SERVICES

Statutory Authority: Health Professions, s. 55

B.C. Reg. 33/2009, the Optometrists Regulation, is amended.

MINISTERIAL ORDER 79

Ministry Responsible: PUBLIC SAFETY AND SOLICITOR GENERAL

Statutory Authority: Police, s. 66.2

The Police Services Agreement dated September 4, 2007, between the Corporation of Delta, Corporation of Delta Police Board and the Tsawwassen First Nation, is approved.

MINISTERIAL ORDER 80

Ministry Responsible: ATTORNEY GENERAL

Statutory Authority: Escheat, s. 5
All the right, title and interest of the Crown acquired by escheat of described property registered in the name of Fallen Alders Community Club, is transferred and conveyed to Fallen Alders Community Club, for community and recreational purposes for the benefit of the public.

MINISTERIAL ORDER 81

Ministry Responsible: ENVIRONMENT

Statutory Authority: Wildlife, ss. 6.4, 6.6, 108 and 109

a)  Effective March 16, 2009, the Controlled Alien Species Regulation in Schedule A is made.

b)  Effective April 1, 2010, the Controlled Alien Species Regulation is amended as set out in Schedule B.


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