BILL
NUMBER
TITLE CHAPTER
NUMBER
73 SUSTAINABLE RESOURCE MANAGEMENT STATUTES AMENDMENT ACT, 2003 c. 66

Commencement:
87 (1) Sections 4 to 10, 12 to 20, 26, 27, 37, 48, 51, 52, 55, 56, 58, 59, 60, 61 (a) as it repeals the definition of "river improvement purpose", 63 as it enacts section 12 (1.3) (a) and (b), 65, 78, 82 (a), 83, 84 and 85 (1) come into force by regulation of the Lieutenant Governor in Council.
 
(2) Sections 51 and 83 may be repealed by regulation of the Lieutenant Governor in Council.
 
(3) Section 86 is deemed to have come into force on September 29, 1995 and is retroactive to the extent necessary to give it effect on and after that date.

Royal Assent – Oct. 23, 2003
  • B.C. Reg. 478/2003 – sections 4 to 10 and 12 to 20 (in force Dec. 12, 2003)
  • B.C. Reg. 479/2003 – section 48 (in force Jan. 12, 2004)
  • B.C. Reg.  96/2004 – sections 26, 27, 52, 55, 56, 58 to 60 and 84 (in force March 12, 2004)
  • B.C. Reg. 207/2004 – section 37 (in force May 7, 2004)


BILL 73 – 2003
SUSTAINABLE RESOURCE MANAGEMENT STATUTES AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:


Agricultural Land Commission Act

1 Section 20 (5) (b) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is repealed and the following substituted:

(b) order that an application to the commission under subsection (3) is required for permission to engage in the use and may include as a term in the order that the person cease or not engage in the use until the application is determined.

2 Section 34 (1) is repealed and the following substituted:

(1) In this section and in sections 35 and 36, "application" means an application for inclusion under section 17, for exclusion under section 29 or 30, for a non-farm use under section 20 or for a subdivision under section 21.

3 Section 56 (1) is amended by striking out "sections 49, 50 and 52 to 55 apply to" and substituting "sections 49 to 55 apply to".


Assessment Act

4 Section 1 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended

(a) in the definition of "assessment roll" by adding "a revised assessment roll," after "includes" and by striking out "42,", and

(b) by adding the following definition:

"revised assessment roll" means an assessment roll as amended under sections 10 and 42; .

5 Section 2 (b) is amended by striking out "authentication of the previous" and substituting "previous revised".

6 Section 7 (2) (b) is repealed and the following substituted:

(b) the revised assessment roll; .

7 Section 10 is amended

(a) in subsection (1) by adding ", except those errors or omissions corrected under subsection (2)" after "section 3", and

(b) by repealing subsection (2) and substituting the following:

(2) Before March 16 of the year following the completion of the assessment roll under section 3, the assessor may amend an individual entry in the completed assessment roll to correct an error or omission, with the consent of

(a) the owner of the affected property, and

(b) the complainant, if the complainant is not the owner of the affected property.

8 Section 11 is amended

(a) by striking out "The completed assessment roll as confirmed and authenticated by a review panel under section 42" and substituting "The revised assessment roll", and

(b) in paragraph (b) by striking out "until a new roll is revised, confirmed and authenticated by the review panel." and substituting "until the next revised assessment roll."

9 Section 12 (4) is amended by striking out "supply" in both places.

10 Section 13 (2) (b) is amended by adding "if the complaint is not resolved under section 10 (2)," before "ensure".

11 Section 23 (3) is amended by striking out "Subject to the approval of the Lieutenant Governor in Council, the commissioner" and substituting "The Lieutenant Governor in Council".

12 Section 34 is amended by adding "that is not corrected with the consent of the owner of the affected property" after "section 10".

13 Section 35 is amended

(a) in subsection (1) by striking out "On receiving a complaint under section 33 (1)," and substituting "If a complaint is received under section 33 (1) and is not resolved under section 10 (2),", and

(b) by repealing subsections (3) (a), (4) and (5).

14 Section 38 is amended

(a) by repealing subsection (4) and substituting the following:

(4) A review panel must before March 16 complete

(a) any investigation referred to in subsection (2) (a), and

(b) adjudication of the matters set for its consideration under section 36. , and

(b) in subsection (7) (c) by striking out "subsection (4) (a) of this section," and substituting "subsection (4),".

15 Section 41 is amended

(a) by adding the following subsection:

(1.1) Before April 7, the assessor must deliver notice of the amendment made by the assessor under section 10 (2) to

(a) the owner of the property to which the amendment relates, and

(b) the complainant, if the amendment resolved a complaint and the complainant is not the owner. ,

(b) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1) or (1.1)", and

(c) in subsection (2) (a) by adding "or amendment" after "decision".

16 Section 42 (2) is repealed.

17 Section 46 (4) is amended by striking out "an authenticated" and substituting "a revised".

18 Section 50 (1) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) with an amendment to the assessment roll under section 10 (2).

19 Section 63 (2) is amended by striking out "authenticated" and substituting "revised".

20 Section 66 (1) (c) is amended by adding "10," after "section".


Assessment Authority Act

21 Section 5 of the Assessment Authority Act, R.S.B.C. 1996, c. 21, is repealed and the following substituted:

Power to acquire property

5 The authority may, for the purposes of this Act,

(a) acquire, hold and dispose of property, and

(b) with the prior approval of the minister, borrow money on the credit of the authority and give security.

22 Section 16 (1) is amended by striking out "responsible for finance" and substituting "charged with the administration of the Financial Administration Act".

23 Section 17 (5) and (7) is amended by striking out "Minister of Municipal Affairs" and substituting "minister".

24 Section 20 is amended

(a) in subsection (1) by striking out "certified",

(b) in subsections (3) and (5) by striking out "Minister of Finance and Corporate Relations," and substituting "minister charged with the administration of the Financial Administration Act,", and

(c) in subsection (4) by striking out "Municipal Grants Act (Canada)" and substituting "Payments in Lieu of Taxes Act (Canada)".

25 Section 21 is repealed.


Community Charter

26 Section 213 (3) of the Community Charter, S.B.C. 2003, c. 26, is amended by striking out "authenticated" and substituting "revised".

27 Section 221 (1) is amended in the definition of "final determination under the Assessment Act" by striking out "by supplementary assessment roll, by correction of a property assessment review panel, on complaint to a property assessment review panel" and substituting "by revised assessment roll, by supplementary assessment roll".


Land Act

28 Section 10 of the Land Act, R.S.B.C. 1996, c. 245, is amended by adding the following subsection:

(3) Despite subsection (1), the minister may refuse to receive an application for Crown land if

(a) the application is incomplete,

(b) the land is reserved from disposition under section 15, or

(c) the land is withdrawn from disposition under section 16.

29 Section 20 (1) is amended by striking out "Except as provided in sections 70 and 71, or unless" and substituting "Unless".

30 Section 21 (1) is amended by striking out "Except as provided in sections 70 and 71,".

31 Section 42 is amended

(a) in subsection (1) by striking out "The date" and substituting "Unless otherwise specified by the minister, the date", and

(b) by repealing subsection (2).

32 Sections 70 and 71 are repealed.


Land Title Act

33 Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by adding the following definition:

"Ministry of Transportation" means the ministry of the minister charged with the administration of the Highway Act; .

34 Sections 1, in the definition of "designated highways official", 67 (s), 83 (1) (d) and 124 (2) and (3) are amended by striking out "and Highways".

35 Sections 1, in the definition of "records", 6 (2), 9, 10 (2), 11 (3), 38 (3), 296, 298 to 305, 322, in the definition of "complete survey", 323, 326 to 333, 338 to 351, 353 to 355, 358, 361 (1), 362, 367 (2) (g), 371 (4) (a), 373, 373.82 (4), 385 (5) and 386 (8) are amended by striking out "Attorney General" wherever it appears and substituting "minister".

36 Section 17 is amended by striking out "Ministry of Attorney General." and substituting "ministry of the minister."

37 Section 67 (d) to (r) is repealed.

38 Section 75 (1) (b) is repealed and the following substituted:

(b) all highways provided for in a subdivision plan or otherwise legally established on lands adjoining, lying beyond or around the land subdivided must be continued without unnecessary jogs and must be cleared, drained, constructed and surfaced to the approving officer's satisfaction, or unless, in circumstances the approving officer considers proper, security is provided in an amount and in a form acceptable to the approving officer; .

39 Sections 76 (3) and (5), 77.1 (2), 80 (b), 115 (1), (2) and (6), 133, 142 (1) and (2) and 373.52 (6) are amended by striking out "Minister of Transportation and Highways" wherever it appears and substituting "minister charged with the administration of the Highway Act".

40 Section 77.2 (1) (a) is repealed and the following substituted:

(a) the deputy minister to the minister charged with the administration of the Highway Act, and .

41 Sections 82 (1), (3), (5), (6) and (7), 94 (1), (2) and (3), 95 (1), 96 (1), 108 (5), 118 (1) and (7), 136 (1) and (3), 218 (1) (d) and 219 (3) (c), (11) (b) and (13) are amended by striking out "Minister of Environment, Lands and Parks" and substituting "minister".

42 Section 86 (1) (c) is amended by adding the following subparagraph:

(iii.1) a highway provided for in a subdivision plan or otherwise legally established on lands adjoining, lying beyond or around the land subdivided is, in the approving officer's opinion, not sufficient, .

43 Section 108 is amended

(a) in subsection (3) by striking out "Lieutenant Governor in Council," and substituting "minister,", and

(b) by adding the following subsection:

(3.1) The minister may delegate to the Surveyor General the minister's powers and duties under subsection (3).

44 Section 125 (2) is amended

(a) in paragraphs (c) and (d) by striking out "Deputy Minister of Transportation and Highways" and substituting "deputy minister to the minister charged with the administration of the Highway Act", and

(b) by repealing paragraph (e) and substituting the following:

(e) the deputy minister to the minister charged with the administration of the Park Act; .

45 Sections 295 (1), 296 (5), (6) and (7), 298 (3) and (4), 302 (1), 305 (3), 306, 307 and 386 (9) are amended by striking out "Minister of Finance and Corporate Relations" wherever it appears and substituting "minister charged with the administration of the Financial Administration Act".

46 Section 296 (8) is amended by striking out "within 6 years after the deprivation occurs." and substituting "within 3 years after the deprivation is discovered by the claimant."

47 Section 298 (2) is amended by striking out "within a period of 6 years from the time the loss or damage occurred." and substituting "within 3 years after the loss or damage is discovered by the claimant."

48 Items 1, 2 and 5 of the Schedule are repealed and the following substituted:

Item Column 1
Matter
Column 2
Fee
1
Indefeasible Title
To register an indefeasible title, except for item 4 (b)
(a) if the application is submitted electronically
 
(b) if the application is submitted in any other manner
 
 
 
$58.50, of which $5 is an assurance fund fee, for each indefeasible title registered
$60, of which $5 is an assurance fund fee, for each indefeasible title registered
2
Charges
Subject to item 3, to register any right, notice, claim, estate or interest as a charge or in the same manner as a charge, and to register a transfer, transmission, modification, extension, renewal or postponement of a charge as if it were a charge
(a) if the application is submitted electronically
 
 
(b) if the application is submitted in any other manner
 
 
 
 
 
 
 
$58.50, of which $5 is an assurance fund fee, for each charge registered regardless of the number of indefeasible titles affected
$60, of which $5 is an assurance fund fee, for each charge registered regardless of the number of indefeasible titles affected
5
Cancellation of a Charge
To register a cancellation or discharge of
(a) a registered charge, or any right, claim, notice or interest that was registered in the same manner as a charge
(i) if the application is submitted electronically
 
 
(ii) if the application is submitted in any other manner
 
(b) a claim of builders lien, a maintenance order under item 3 (c), a merger of a charge or a charge derived from or dependent on another charge which has been cancelled
 
 
 
 
 
$23.50 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge
$25 for each charge cancelled or discharged, regardless of the number of indefeasible titles affected by the charge
nil

49 Section 9 (a) of the Supplement to the Land Title Act is amended by adding "in subsection (1)" before "by adding".

50 Section 373.1 (1) and (3) (b) as consolidated in section 11 of the Supplement is amended by striking out "Attorney General" wherever it appears and substituting "minister".


Local Government Act

51 Section 339 (4) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended in the definition of "final determination under the Assessment Act" by striking out "by supplementary assessment roll, by correction of a property assessment review panel, on complaint to a property assessment review panel" and substituting "by revised assessment roll, by supplementary assessment roll".

52 Sections 620, 629 (5), 632 (5) and (6), 756.2 (3), 990 (1) and 1011 (5) (b) and (6) (b) are amended by striking out "authenticated" and substituting "revised".


Oil and Gas Commission Act

53 Section 1 (1) (e) (xv) of the Oil and Gas Commission Act, S.B.C. 1998, c. 39, is amended in the definition of "specified enactment" by striking out "section 42 (2)" and substituting "section 42 (1)".


Sustainable Resource Management Statutes Amendment Act, 2002

54 Section 17 of the Sustainable Resource Management Statutes Amendment Act, 2002, S.B.C. 2002, c. 18, is repealed.


Taxation (Rural Area) Act

55 Section 15 (5) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended in the definition of "final determination under the Assessment Act" by striking out "by supplementary assessment roll, by correction of a property assessment review panel, on complaint to a property assessment review panel" and substituting "by revised assessment roll, by supplementary assessment roll".

56 Section 21 (5) is amended by striking out "assessment roll as confirmed and authenticated by a review panel" and substituting "revised assessment roll".


University Endowment Land Act

57 Section 2 (1) of the University Endowment Land Act, R.S.B.C. 1996, c. 469, is amended

(a) by striking out "and with the approval of the Lieutenant Governor in Council", and

(b) by adding "with the approval of the Lieutenant Governor in Council," at the beginning of each of paragraphs (b), (c), (e), (f) an d (g).


Vancouver Charter

58 Sections 240 (1) (b) and 506 (1) and (2) of the Vancouver Charter, S.B.C. 1953, c. 55, are amended by striking out "revised".

59 Section 372 is amended by striking out "a property assessment review panel appointed under the Assessment Act has finally passed the real-property assessment roll" and substituting "receiving the revised assessment roll".

60 Section 396 (4) is amended in the definition of "final determination under the Assessment Act" by striking out "by supplementary assessment roll, by correction of a property assessment review panel, on complaint to a property assessment review panel" and substituting "by revised assessment roll, by supplementary assessment roll".


Water Act

61 Section 1 of the Water Act, R.S.B.C. 1996, c. 483, is amended

(a) by repealing the definitions of "conveying purpose", "hydraulicking purpose", "river improvement purpose" and "toll", and

(b) by repealing the definition of "mining purpose" and substituting the following:

"mining purpose" means

(a) the use of water, including the use of water under head, for recovering mineral from the ground or from ore, or

(b) the use of water under head to move earth, sand, gravel or rock; .

62 Section 10 is amended

(a) by renumbering the section as section 10 (1),

(b) in subsection (1) by striking out "A person who applies for a licence must" and substituting "Subject to subsection (2), a person who applies for a licence must, within the time prescribed by regulation,", and

(c) by adding the following subsection:

(2) The comptroller or regional water manager may

(a) shorten or extend the time prescribed under subsection (1), or

(b) if no time has been prescribed, set a time for compliance with a direction or requirement under subsection (1) (b) or (c).

63 Section 12 is amended by adding the following subsections:

(1.1) An applicant must comply with any order made under subsection (1) (d) or (e) within the time specified by the comptroller or the regional water manager.

(1.2) Without limiting subsection (1), the comptroller or the regional water manager may refuse an application or reject an application without consideration if

(a) the applicant fails to comply with any directions or requirements under subsection (1) (d) or (e) or section 10 (1), or fails to comply within the required time,

(b) the application is incomplete, or

(c) the application fails to meet the requirements of an approved plan.

(1.3) For the purposes of this section, an "approved plan" means the following:

(a) a water management plan approved by the Lieutenant Governor in Council under section 64 if the plan is accompanied by a regulation made under section 65 that

(i) designates an area for the plan that includes the stream or part of the stream in respect of which the application under section 10 is made, and

(ii) restricts the issuance of water licences in that designated area;

(b) a drinking water management plan approved by the Lieutenant Governor in Council under section 34 of the Drinking Water Protection Act, S.B.C. 2001, c. 9, if the plan is accompanied by a regulation made under section 35 of that Act that

(i) designates an area for the plan that includes the stream or part of the stream in respect of which the application under section 10 is made, and

(ii) restricts the issuance of water licences in that designated area;

(c) a prescribed resource management plan that

(i) designates an area for the plan that includes the stream or part of the stream in respect of which the application under section 10 is made, and

(ii) restricts the issuance of water licences in that designated area.

64 The following section is added:

Licences for power purposes

12.2 (1) This section applies to

(a) a licence issued for a power purpose after this section comes into force,

(b) a licence issued for a power purpose before this section comes into force, if the licence was issued for a specified term and the holder of the licence applies to renew or amend the licence or the licence is renewed or amended to extend its term, and

(c) a licence issued for a purpose other than a power purpose, if the holder of the licence applies to amend the licence, or if the licence is amended, to authorize the use of water for a power purpose.

(2) The term of a licence that is issued for a power purpose after this section comes into force, or is issued for a power purpose and renewed or amended to extend its term after this section comes into force, is 40 years.

(3) The term of a licence issued for another purpose and amended to authorize the use of water for a power purpose after this section comes into force is 40 years in respect of the use of water for a power purpose.

(4) The holder of a licence may apply to renew the licence before the expiry of the term of that licence.

(5) This Act and the regulations apply to the application to renew the licence as if the application were for a new licence.

(6) The rights exercisable under a renewed licence have the same precedence as under the original licence.

(7) Despite subsection (2), (3), or (8), if an application is made under subsection (4), the licence does not expire until the comptroller or the regional water manager makes a decision respecting the application.

(8) If the holder of a licence fails to apply to renew the licence before the expiry of the term of the licence and the failure is, in the opinion of the comptroller or regional water manager, not the fault of the holder of the licence, the comptroller or regional water manager may extend the expiry date for not more than six months from the original expiry date.

(9) Subsection (8) does not apply to a licence for which the expiry date has been extended under that subsection.

(10) Despite section 40, a decision of the comptroller or regional water manager under subsection (8) may not be appealed.

65 Section 12.2 (10) is amended by striking out "section 40" and substituting "section 92".

66 Section 16 (1) is amended by striking out "passes" and substituting "and any rights and obligations granted and imposed under the licence, approval or permit pass".

67 Section 21 (1) is repealed and the following substituted:

(1) The following persons must exercise reasonable care to avoid damaging land, works, trees or other property, and must make full compensation to the owners for damage or loss resulting from construction, maintenance, use, operation or failure of the works:

(a) an applicant;

(b) a licensee;

(c) a holder of an approval;

(d) a person who, in accordance with the regulations or an order, makes changes in and about a stream or diverts or uses water.

68 Section 22 is repealed and the following substituted:

Records

22 The following persons must keep the prescribed records and any other records that the comptroller, a regional water manager or an engineer directs, and must produce those records for inspection when required:

(a) an applicant;

(b) a licensee;

(c) a holder of an approval;

(d) a person who, in accordance with the regulations or an order, makes changes in and about a stream or diverts or uses water.

69 Section 23 (9) is repealed.

70 Sections 30 (1), 33, 34 (1) and 35 (1) are amended by striking out "comptroller" wherever it appears and substituting "comptroller or regional water manager".

71 Section 38 is amended

(a) by renumbering the section as section 38 (1),

(b) in subsection (1) by adding "an engineer, an officer," after "regional water manager,", and

(c) by adding the following subsection:

(2) The regional water manager may at any time on notice amend or revoke any order of the regional water manager, an engineer, an officer, the Water Board or the Board of Investigation.

72 Section 40 is amended by adding the following subsection:

(1.1) Despite subsection (1), a licensee may not appeal an order of the comptroller or a regional water manager to cancel in whole or in part a licence and all rights under it under section 23 (2) (c) or (d).

73 Section 41 (1) is amended by adding the following paragraph:

(t.2) willfully

(i) submits a false or misleading record, report or form, or

(ii) records false or misleading information

required to be submitted or recorded under this Act or the regulations; .

74 Section 43 is repealed.

75 Section 45 is amended by adding the following subsections:

(4.1) Despite subsection (4), the comptroller may establish the times of payment of fees, rentals and charges and make them subject to the imposition of interest at a prescribed rate and specified percentage additions on or from specified dates.

(4.2) The comptroller may, in writing, authorize any other official or class of officials employed by the government or a government corporation to exercise the functions, duties and powers of the comptroller in respect of

(a) the determination, collection and receipt of fees, rentals and charges, and

(b) the issuance of rental statements.

76 Section 46 (2) is amended by adding the following paragraphs:

(h.1) establishing requirements, procedures, standards or codes in respect of persons who undertake any works or changes in and about a stream;

(s) the commencement, continuation or cessation of the diversion or use of water for livestock watering;

(t) the duties and obligations of persons who divert or use water for livestock watering;

(u) the manner in which water may be diverted or used for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;

(v) the works that may be used to divert water for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;

(w) the maximum quantity of water that may be diverted or used for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;

(x) establishing conditions on the diversion or use of water for livestock watering;

(y) prescribing resource management plans that designate an area of British Columbia and restrict the issuance of water licences within that area.

77 Section 56 is amended by adding the following subsections:

(5) If there is an error in the assessment roll, the comptroller may order its amendment.

(6) If the assessment roll is amended under subsection (5), the manager must

(a) provide each affected member with a copy of the amended assessment roll or an amended assessment notice in accordance with subsection (3), and

(b) send a copy of the amended assessment roll to the comptroller.

78 Part 4, as enacted by section 97 of the Drinking Water Protection Act, S.B.C. 2001, c. 9, is amended by adding the following section:

Implementing a plan: relationship with other planning processes

65.1 (1) In this section, "local authority" has the same meaning as in the Drinking Water Protection Act.

(2) For the purposes of implementing a water management plan, the Lieutenant Governor in Council may, by regulation, do one or more of the following:

(a) require that other specified Provincial government or local authority strategic or operational planning processes, or classes of such processes, consider the water management plan;

(b) require that the results of specified Provincial government or local authority strategic or operational planning processes, or classes of such processes, be consistent with the water management plan;

(c) provide that specified Provincial government or local authority strategic or operational plans, bylaws or other planning documents, or classes of such plans, bylaws or other documents, do not have legal effect to the extent of any inconsistency with the water management plan.

(3) If a regulation is made under both section 35.1 (1) (c) of the Drinking Water Protection Act [implementation of a drinking water protection plan] and subsection (2) (c)

(a) the regulation concerning a drinking water protection plan takes priority over the regulation concerning a water management plan, and

(b) both plans take priority over those documents described in section 35.1 (1) (c) of the Drinking Water Protection Act and subsection (2) (c).

79 Section 87 (2), as enacted by section 99 of the Drinking Water Protection Act, is amended by striking out "or an officer." and substituting ", an officer, the Water Board or the Board of Investigation."

80 Section 92, as enacted by section 99 of the Drinking Water Protection Act, is amended by adding the following subsection:

(1.1) Despite subsection (1), a licensee may not appeal an order of the comptroller or a regional water manager to cancel in whole or in part a licence and all rights under it under section 23 (2) (c) or (d).

81 Section 100, as enacted by section 99 of the Drinking Water Protection Act, is amended by adding the following subsections:

(4.1) Despite subsection (4), the comptroller may establish the times of payment of fees, rentals and charges and make them subject to the imposition of interest at a prescribed rate and specified percentage additions on or from specified dates.

(4.2) The comptroller may, in writing, authorize any other official or class of officials employed by the government or a government corporation to exercise the functions, duties and powers of the comptroller in respect of

(a) the determination, collection and receipt of fees, rentals and charges, and

(b) the issuance of rental statements.

82 Section 101 (3), as enacted by section 99 of the Drinking Water Protection Act, is amended

(a) by adding the following paragraph:

(f.01) establishing requirements, procedures, standards or codes in respect of persons who undertake any works or changes in and about a stream; , and

(b) by adding the following paragraphs:

(k) the commencement, continuation or cessation of the diversion or use of water for livestock watering;

(l) the duties and obligations of persons who divert or use water for livestock watering;

(m) the manner in which water may be diverted or used for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;

(n) the works that may be used to divert water for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;

(o) the maximum quantity of water that may be diverted or used for livestock watering, which may be different for different streams, different parts of a stream and streams in different areas;

(p) establishing conditions on the diversion or use of water for livestock watering;

(q) prescribing resource management plans that designate an area of British Columbia and restrict the issuance of water licences within that area.

Amendment to this Act

83 Section 52 of this Act is amended by striking out "620, 629 (5), 632 (5) and (6),".

Transitional -- Assessment Act and related amendments

84 (1) In this section, "taxation year" has the same meaning as in the Assessment Act.

(2) Sections 4 to 10, 12 to 20, 26, 27, 51, 52, 55, 56 and 58 to 60 apply in respect of the 2004 taxation year and subsequent taxation years.

(3) A reference in an Act amended by this Act to a revised assessment roll means, in respect of the 2003 taxation year and preceding taxation years, an assessment roll authenticated under the Assessment Act as that Act read before the coming into force of the amendments to it by this Act.

Transitional -- Water Act licences

85 (1) A valid and subsisting licence for a river improvement purpose issued before the coming into force of this section is deemed to be a licence for an industrial purpose.

(2) A valid and subsisting licence for a hydraulicking purpose issued before the coming into force of this section is deemed to be a licence for a mining purpose.

Confirmation and validation of B.C. Reg. 411/95

86 (1) The Standards for the Classification of Land as a Farm Regulation, B.C. Reg. 411/95, is confirmed and validated, effective September 29, 1995.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Commencement

87 (1) Sections 4 to 10, 12 to 20, 26, 27, 37, 48, 51, 52, 55, 56, 58, 59, 60, 61 (a) as it repeals the definition of "river improvement purpose", 63 as it enacts section 12 (1.3) (a) and (b), 65, 78, 82 (a), 83, 84 and 85 (1) come into force by regulation of the Lieutenant Governor in Council.

(2) Sections 51 and 83 may be repealed by regulation of the Lieutenant Governor in Council.

(3) Section 86 is deemed to have come into force on September 29, 1995 and is retroactive to the extent necessary to give it effect on and after that date.

 


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