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This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
1. In this Act
"acquisition" includes every action or method by which land or a right, interest or estate in it may become vested in the Crown;
"advance" includes lend and give;
"Crown" means Her Majesty the Queen in right of the Province;
"Crown land" means land, whether or not it is covered by water, vested in the Crown and under the administration of the minister;
"housing" means anything that is, in the opinion of the minister,
(a) suitable for human habitation or accommodation; or
(b) capable of being made suitable for human habitation or accommodation;
and includes land, improvements and space that is, directly or indirectly, related to housing;
"ministry" means the Ministry of Lands, Parks and Housing;
"money advanced" includes money advanced from the Crown Land Fund or from other money made available for the purposes of this Act, or for the purposes of any other Act under the administration of the minister, in the form of a grant, loan, subsidy or any other form;
"municipality" includes a regional district and the City of Vancouver;
"park" includes land set aside, dedicated or established as a park under any Act;
"registrar" means the Registrar of Titles.
Historical Note(s): 1979-20-1.
2. (1) There shall be a ministry of the public service of the Province called the Ministry of Lands, Parks and Housing.
(2) The minister shall preside over and be responsible to the Lieutenant Governor in Council for the direction of the ministry.
(3) In addition to other powers vested in the minister, he has, in respect of his ministry, all the powers, duties and authorities had and exercisable by the officers mentioned as the Commissioner of Lands and Surveyor General, the Chief Commissioner of Lands and Surveyor General, the Chief Commissioner of Lands and Works and Surveyor General and the Surveyor General, in an Act, ordinance or proclamation passed or made in the former Colonies of British Columbia and Vancouver Island.
Historical Note(s): 1979-20-2; 1980-50-57, effective May 17, 1980.
3. (1) A deputy minister, the Surveyor General and other employees required to carry out the business of the ministry may be appointed under the Public Service Act.
(2) [Repealed 1985-15-37, effective March 2, 1987 (B.C. Reg. 248/86).]
(3) The minister may, notwithstanding the Public Service Act, engage and retain consultants, experts or specialists and fix their remuneration.
(4) The minister may, in writing, delegate the function of signing a document to another person, but that person shall not exercise the function except in accordance with the instructions of the minister.
Historical Note(s): 1979-20-3; 1981-20-45, effective August 3, 1984 (B.C. Reg. 240/84); 1985-15-37, effective March 2, 1987 (B.C. Reg. 248/86).
4. The minister shall, each year, submit to the Lieutenant Governor in Council a report for the fiscal year ending March 31 or for the preceding calendar year respecting the work done by the ministry, and the minister shall lay the report before the Legislative Assembly as soon as practicable.
Historical Note(s): 1979-20-4.
5. The purposes and functions of the ministry are
(a) to administer the Crown land resource of the Province;
(b) to encourage outdoor recreation, establish parks and conserve the natural scenic and historic features of the Province;
(c) to undertake programs relating to the provision of housing in the Province; and
(d) to administer and enforce safety standards prescribed under section 11 respecting recreational activities and services on Crown land.
Historical Note(s): 1979-20-5.
6. The minister may for the purposes of this Act enter into agreements
(a) with the approval of the Lieutenant Governor in Council, with
(i) the government of Canada or its agent; or,
(ii) the government of a province or its agent; or
(b) with any other person or a municipality.
Historical Note(s): 1979-20-6.
7. (1) All money received
(a) under this Act
(i) by way of interest on money advanced, or,
(ii) as repayment of money advanced whether or not it is repaid by the government of Canada under an agreement with the Province under this Act or any Act repealed by this Act, or
(b) under this Act or the Land Act in respect of a disposition under either of those Acts
shall be paid into the consolidated revenue fund.
(2) Money required for the purposes of this Act or any other Act under the administration of the minister may be paid out of the consolidated revenue fund but, except with the approval of the Lieutenant Governor in Council, no money shall be paid that is not to be recovered.
(3) The cumulative total of amounts paid out under this section shall not exceed the cumulative total of the following amounts:
(a) the cash balance of the Crown Land Fund as at March 31, 1982;
(b) money received under subsection (1) after March 31, 1982.
Historical Note(s): 1982-40-34, proclaimed August 20, 1982, effective April 1, 1982; 1985-51-55, effective August 30, 1985 (B.C. Reg. 287/85).
8. (1) Where money is advanced in respect of land, the minister may, to secure repayment, file in the land title office for the district in which the land is located a certificate showing the date the money was advanced, its amount, a summary of any terms and conditions of repayment or forgiveness that are not contained in the regulations and a description of the land sufficient to identify it in the land title office records.
(2) The registrar shall, on receiving a certificate under this section, file it without fee and make reference to it in the proper register against the title to the land described in the certificate, and shall not register a transfer or conveyance of the fee simple in the land, or an agreement to transfer the fee simple, or a lease, sublease, assignment of lease or mortgage of the land, except as may be prescribed.
(3) Where money advanced is repaid, or forgiven under the Financial Administration Act, the minister shall file a cancellation of the certificate in the land title office.
(4) Where the regulations made under section 11 prescribe that an obligation to repay money advanced shall be extinguished on the expiration of a prescribed time or on the happening of a prescribed event, the minister shall, on the expiration of the time or the happening of the event, file a cancellation of the certificate in the land title office.
(5) On receipt of a written request showing the name of the person to whom the money was advanced, and a description of the land sufficient to identify it, the minister shall issue a statement showing the terms and conditions of the advance and the amount owing to the Crown in respect of it as of the date of the statement.
Historical Note(s): 1979-20-8; 1981-15-124, proclaimed effective November 26, 1981.
9. (1) Notwithstanding the Land Act, but subject to section 47 (1) of it, the minister may, on terms and conditions he considers appropriate,
(a) dispose of Crown land and establish procedures regulating its disposition;
(b) provide in an agreement for the disposition of Crown land, and for payment of the purchase price and any other money in full or by instalments secured to the satisfaction of the minister;
(c) direct to what extent a procedure established under this Act is to affect an application pending under the Land Act.
(2) For the purposes of this Act the minister may
(a) acquire land;
(b) improve Crown land; and
(c) assist municipalities to establish parks and to provide outdoor recreation facilities.
Historical Note(s): 1979-20-9.
10. (1) Notwithstanding the repeal of the Housing Act, R.S.B.C. 1960, c. 183, and the Ministry of Municipal Affairs and Housing Act, S.B.C. 1973 (2nd Sess.), c. 110, but subject to subsection (3),
(a) order in council 2388/78, approved and ordered September 7, 1978 and published as B.C. Reg. 490/79, is valid and shall, notwithstanding the Regulation Act, R.S.B.C. 1979, c. 361, be conclusively deemed to have come into force on and to have had effect on September 7, 1978, and to continue in force, and
(b) the British Columbia Housing Management Commission, incorporated under the Housing Act, R.S.B.C. 1960, c. 183, and the Ministry of Municipal Affairs and Housing Act, S.B.C. 1973 (2nd Sess.), c. 110, by B.C. Reg. 76/68, and continued by order in council 2388/78, continues as a corporation on the terms and with the constitution, capacity, powers and duties set out in order in council 2388/78.
(2) The British Columbia Housing Management Commission, the Provincial Rental Housing Corporation and the Housing Corporation of British Columbia are agents of the Crown, but may on behalf of the Crown carry out their duties and functions in their own names.
(3) The Lieutenant Governor in Council may make regulations
(a) respecting the application of the Pension (Public Service) Act to the British Columbia Housing Management Commission and its employees;
(b) conferring on the British Columbia Housing Management Commission powers and duties respecting housing, and
(c) respecting the constitution, status, incorporation and capacity of the British Columbia Housing Management Commission.
(4) Subsection (1) is retroactive to the extent necessary to give it effect.
(5) The Lieutenant Governor in Council may authorize the minister to assume, on behalf of the government and on terms the Lieutenant Governor in Council considers advisable, all liabilities of the Provincial Rental Housing Corporation to Canada Mortgage and Housing Corporation.
Historical Note(s): 1980-36-29, proclaimed effective September 18, 1980; 1981-15-125, proclaimed effective November 26, 1981.
11. (1) The Lieutenant Governor in Council may make regulations.
(2) Without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations requiring that a person using, acquiring or exercising a right or privilege in respect of Crown land pay a fee, and establishing a tariff of fees.
Historical Note(s): 1979-20-11.
12. Money required for the administration of this Act shall, until March 31, 1980,
(a) in the absence of an appropriation; or
(b) where money appropriated is insufficient;
be paid out of the consolidated revenue fund or the revenue surplus appropriation account.
Historical Note(s): 1979-2-13.
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