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This archived statute consolidation is current to February 10, 2003 and includes changes enacted and in force by that date. For the most current information, click here. |
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Section |
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9 | Olympic Arts Fund |
1 In this Act:
"special account" means an account in the general fund of the consolidated revenue fund where the authorization to expend money from the account is located in an Act other than a Supply Act;
"Treasury Board" means the Treasury Board continued by the Financial Administration Act.
2 On March 31, 1988 the assets and liabilities of the following funds are transferred to and become special accounts in the general fund of the consolidated revenue fund:
Farm Income Assurance Fund;
First Citizens Fund;
Forest Stand Management Fund;
Habitat Conservation Fund;
Physical Fitness and Amateur Sports Fund.
3 The Lieutenant Governor in Council may transfer any amount of the balance in the Crown Land special account to the general fund of the consolidated revenue fund.
4 (1) The Minister of Community, Aboriginal and Women’s Services may pay or lend or provide loan guarantees to an amount equal to the interest calculated on and attributable to the balance in the First Citizens Fund special account for the purposes of advancing and expanding the culture, education and economic opportunities and the position of persons of North American aboriginal ancestry who are ordinarily resident in British Columbia.
(2) The balance in the First Citizens Fund special account is increased by $2 million effective on April 1, 2001.
(3) The balance of the First Citizens Fund special account is increased by
(a) $9 million effective on a day before April 1, 2002, as determined by Treasury Board, and
(b) an additional $9 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.
5 (1) Amounts paid into the Forest Stand Management Fund special account
(a) under section 71 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Silviculture Payments Sub-account, and
(b) under section 117.2 of the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those amounts form a sub-account, called the Environmental Remediation Sub-account.
(2) Despite section 21 (3) of the Financial Administration Act, the Minister of Forests may expend amounts out of
(a) the Silviculture Payments Sub-account for a purpose related to carrying out a silviculture prescription under section 71 of the Forest Practices Code of British Columbia Act and for expenses directly or indirectly related to such a purpose, and
(b) the Environmental Remediation Sub-account for a purpose related to the following:
(i) to carry out work under section 118 (3) (b) of the Forest Practices Code of British Columbia Act;
(ii) to remedy environmental damage to Crown forest land or Crown range land;
(iii) for expenses directly or indirectly related to the purposes in subparagraph (i) or (ii);
(iv) to defray the costs of investigating contraventions of the Forest Practices Code of British Columbia Act or the regulations and standards made under that Act;
(v) to defray fire suppression costs relating to contraventions of the Forest Practices Code of British Columbia Act or the regulations or standards made under that Act if a penalty has been levied under that Act in respect of the contravention.
(2.1) The amount expended under subsection (2) (b) (v) must not exceed the amount in the Environmental Remediation Sub-account that is attributable to penalties levied under the Forest Practices Code of British Columbia Act and earnings calculated and attributable to those penalties, in respect of the contraventions referred to in subsection (2) (b) (v).
(3) Amounts received as contributions to the Forest Stand Management Fund, other than amounts referred to in subsection (1),
(a) under an appropriation,
(b) from the government of Canada, municipalities, the forest industry, forest sector unions and others, and
(c) under the levy imposed under section 1 of the Forest Stand Management Fund Act,
must be paid into the Forest Stand Management Fund special account and those amounts and the earnings calculated and attributable to those amounts form a sub-account called the Forest and Range Sub-account.
(4) Despite section 21 (3) of the Financial Administration Act, the Minister of Forests may expend amounts out of the Forest and Range Sub-account for a purpose related to
(a) the management and enhancement of forests, forest lands and range lands, and
(b) employment and training opportunities related to paragraph (a).
6 (1) The Minister of Water, Land and Air Protection may make payments out of the Habitat Conservation Fund special account for one or more of the following:
(a) payment to the Habitat Conservation Trust Fund established under section 111 of the Wildlife Act;
(b) the conservation or enhancement of biological diversity, fish, fish habitat, wildlife or wildlife habitat;
(c) the acquisition and management of land for the conservation or enhancement of a population of a species of fish or wildlife and its habitat;
(d) the furthering, stimulation and encouragement of knowledge and awareness of fish or wildlife and their habitat, or of the Habitat Conservation Trust Fund under the Wildlife Act, by way of promotional, educational or other programs;
(e) the reasonable travelling and out of pocket expenses incurred by persons advising the Minister of Water, Land and Air Protection on conservation or enhancement matters relating to the account;
(f) administration, services and supplies provided in relation to matters referred to in paragraphs (a) to (e) or provided to otherwise manage the account.
(2) The cumulative total of amounts paid out of the fund under subsection (1) in any year must not be more than the cumulative total of
(a) the balance transferred under section 2 of this Act, and
(b) any amounts received under section 8 (2) of the Special Accounts Appropriation and Control Act, S.B.C 1988, c. 26, after March 31, 1988.
(3) If the balance in the account is reduced to nil, the Lieutenant Governor in Council may, by regulation, repeal this section and section 111 (3) (f) of the Wildlife Act.
7 (1) In this section "proceeds of crime" means property, benefit or advantage that
(a) falls within the definition of "proceeds of crime" in the Criminal Code, or
(b) is obtained or derived directly or indirectly as a result of an act or omission that, in the jurisdiction in which it occurs, constitutes an offence.
(2) The Minister of Finance may establish a special account in the consolidated revenue fund to be known as the Forfeited Crime Proceeds Fund.
(3) The special account established under subsection (2) consists of the money paid into the account by the Attorney General under subsections (4) and (6).
(4) The Attorney General must pay the following into the special account:
(a) any money provided to the Attorney General or the government as proceeds of crime by or on behalf of
(i) the government of Canada, or
(ii) the government of a jurisdiction referred to in subsection (1) (b);
(b) any money provided to the Attorney General or the government that was paid as a fine under
(i) section 462.37 (3) of the Criminal Code,
(ii) any similar provision in any other federal Act, or
(iii) any similar provision of the laws of a jurisdiction outside of Canada;
(c) any money forfeited under section 462.43, 490 (9) or 491.1 (2) of the Criminal Code and provided to the Attorney General;
(d) any money provided to the Attorney General or the government that was forfeited under the Criminal Code as proceeds of crime including, without limitation, money forfeited under section 462.37 (1) or 462.38 of the Criminal Code.
(5) The Attorney General may do one or more of the following in any way the Attorney General considers appropriate:
(a) dispose of any proceeds of crime other than money that is
(i) forfeited to the government, or
(ii) forfeited to any other government and provided to the Attorney General;
(b) dispose of any property other than money that is under section 462.43, 490 (9) or 491.1 (2) of the Criminal Code
(i) forfeited to the government, or
(ii) forfeited to the government of Canada and provided to the Attorney General.
(6) The Attorney General must pay into the special account the proceeds of a disposition referred to in subsection (5) (a) or (b).
(7) The Attorney General may, for the purpose of facilitating the administration of criminal justice and law enforcement in British Columbia and with the approval of the Minister of Finance, pay amounts out of the special account in any way the Attorney General considers appropriate.
(8) The cumulative total of amounts paid out of the special account under subsection (7) must not be larger than the cumulative total of money paid into the special account under subsections (4) and (6).
8 (1) The Minister of Finance may pay, in amounts he or she considers necessary or advisable, any interest calculated on and attributable to the balance in the account with the purpose of furthering and encouraging the physical fitness of residents of British Columbia and their participation in amateur sports.
(2) The balance of the Physical Fitness and Amateur Sports Fund special account is increased by
(a) $5.5 million effective on a day before April 1, 2002, as determined by Treasury Board, and
(b) an additional $5.5 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.
9 (1) A special account, to be known as the Olympic Arts Fund special account, is established.
(2) The special account established under subsection (1) consists of the following:
(a) an initial balance of $5 million, established on a day before April 1, 2002, as determined by Treasury Board;
(b) an additional $5 million effective on April 1, 2002 and effective each subsequent April 1, up to and including April 1, 2004.
(3) The Minister of Community, Aboriginal and Women’s Services may pay out of the special account any interest calculated on and attributable to the balance in the special account to fund cultural and artistic activities that will promote
(a) the bid for hosting the 2010 Winter Olympic Games in British Columbia, or
(b) the hosting of those Winter Olympic Games.
Copyright (c) 2003: Queen’s Printer, Victoria, British Columbia, Canada