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This Act is current to November 14, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Public Agency Accommodation Act

[SBC 2006] CHAPTER 7

Assented to March 28, 2006

Contents
1Definitions
2Transfer of property
3Transfer of obligations and liabilities
4Records of transferred assets and liabilities
5Dealings with transferred assets
6Application of the Land Act
7Transfer is not a default
8Powers of minister
9Corporation dissolved
10Power to make regulations
11-20 Consequential Amendments
21Commencement

Definitions

1   In this Act:

"administered land" means land referred to in section 6 (1) (a), (b), (c) or (d) while under the minister's administration;

"corporation" means the British Columbia Buildings Corporation continued under section 2 (1) of the British Columbia Buildings Corporation Act;

"public agency" means

(a) the government, including, without limitation, a ministry, office, agency, board or commission of the government,

(b) the government of Canada, including, without limitation, a ministry, office, agency, board or commission of that government,

(c) a local government,

(d) the Legislative Assembly, including, without limitation, the Legislative Library, the office of any officer of the Legislature and the office of any officer of the Legislative Assembly,

(e) a government body within the meaning of the Financial Administration Act, or

(f) any other entity designated as a public agency for the purposes of this Act by a directive of Treasury Board.

Transfer of property

2   (1) Despite any enactment or law to the contrary, on the coming into force of this Act, all of the corporation's rights, property and assets are transferred to and vested in the government.

(2) Despite any other enactment or law to the contrary,

(a) the transfer and vesting effected by subsection (1) takes effect without

(i) the execution or issue of any record, or

(ii) any registration or filing of this Act or any other record in or with any registry or other office,

(b) the transfer and vesting effected by subsection (1) takes effect despite

(i) any prohibition on all or any part of the transfer, and

(ii) the absence of any consent or approval that is or may be required for all or any part of the transfer,

(c) if any right, property or asset referred to in subsection (1) is registered or otherwise recorded in the name of the corporation, that registration or record may remain but is deemed, for all purposes of this and all other enactments and law, to reflect that the right, property or asset is owned by and vested in the government, and

(d) in any record in or by which the government deals with a right, property or asset referred to in subsection (1), it is sufficient to cite this Act as effecting and confirming the transfer from the corporation to the government of title to the right, property or asset and the vesting of that title in the government.

(3) For the purposes of this section, assets that become assets of the government under this section include records and parts of records, and, without limiting this, all of the records and parts of records of the corporation are transferred to and become the records of the government on the coming into force of this Act.

Transfer of obligations and liabilities

3   On the coming into force of this Act, all obligations and liabilities of the corporation

(a) are transferred to and assumed by the government,

(b) become the government's obligations and liabilities, and

(c) may be enforced against the government as if the government had incurred them.

Records of transferred assets and liabilities

4   (1) Subject to subsection (2), a reference to the corporation in any record, including, without limitation, in any security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate that creates, evidences or otherwise relates to a right, property, asset, obligation or liability transferred to the government under this Act, is deemed to be a reference to the government.

(2) If, under this Act, a part of a right, property, asset, obligation or liability is transferred to the government, any record, including, without limitation, any security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate that creates, evidences or otherwise relates to that right, property, asset, obligation or liability, is deemed to be amended to reflect the government's interests in that right, property, asset, obligation or liability.

Dealings with transferred assets

5   Without limiting section 2 (2) (c) or section 383.1 of the Land Title Act, if a right, property or asset referred to in section 2 (1) is registered or recorded in the name of the corporation,

(a) the government may, in its own name,

(i) effect a transfer, charge, encumbrance or other dealing with the right, property or asset, and

(ii) execute any record required to give effect to that transfer, charge, encumbrance or other dealing, and

(b) an official

(i) who has authority over a registry or other office, including, without limitation, the personal property registry and a land title office, in which title to or interests in the right, property or asset is registered or recorded, and

(ii) to whom a record referred to in paragraph (a) (ii) executed by or on behalf of the government is submitted in support of the transfer, charge, encumbrance or other dealing

must give the record the same effect as if it had been duly executed by the corporation.

Application of the Land Act

6   (1) Subject to subsections (2) and (3), the Land Act does not apply to the following while under the minister's administration:

(a) land referred to in section 2 (1);

(b) land that is acquired by the minister under section 8 (1) (a);

(c) land the administration of which is transferred to the minister under section 106 of the Land Act or section 8 (3) of this Act;

(d) land transferred to and vested in the government under the Provincial Capital Commission Dissolution Act.

(2) Section 50 of the Land Act applies to administered land.

(3) The Lieutenant Governor in Council may direct, by regulation, that one or more provisions of the Land Act, additional to the provision referred to in subsection (2), apply to some or all of the administered land.

(4) For the purposes of subsections (2) and (3), if a provision of the Land Act applies to administered land, a reference in that provision to "Crown land" is deemed to be a reference to the administered land.

Transfer is not a default

7   Despite any provision to the contrary in a record, including, without limitation, in a security agreement, commercial paper, lease, licence, permit or other contract, instrument, document or certificate, the transfer to the government of a right, property, asset, obligation or liability under sections 2 and 3 and an amendment to a register under section 383.1 of the Land Title Act does not constitute a breach or contravention of, or an event of default under, the record, and, without limiting this, does not entitle any person who has an interest in the right, property, asset, obligation or liability to claim any damages, compensation or other remedy.

Powers of minister

8   (1) The minister may do the following on any terms and conditions the minister considers appropriate:

(a) acquire land, on behalf of the government, by purchase, lease or otherwise, for present or future accommodation of a public agency or any undertaking in which a public agency is involved;

(b) dispose of, or make available to any persons, all or any part of administered land;

(c) provide to public agencies, in relation to land in which those public agencies have an interest or in which they, or an undertaking in which they are involved, are accommodated, one or more of services, accommodation and facilities, including, without limitation,

(i) developing, constructing, altering, maintaining, managing and operating the land,

(ii) acting as a general contractor or project manager, and

(iii) acquiring, by purchase, rental or otherwise, equipment, fixtures and other property, real or personal and movable or immovable, required for the land;

(d) set and levy a fee or charge to be paid by the person to whom a disposition is made under paragraph (b) or to whom a service, accommodation or facility is provided under paragraph (c).

(2) The minister may transfer the administration of administered land to another minister of the government with the consent of that other minister.

(3) With the consent of the minister, another minister of the government who has the administration of land may, for the purposes of this Act, transfer the administration of the land to the minister.

Corporation dissolved

9   The corporation is dissolved and disestablished and the appointment of each director of the corporation is rescinded.

Power to make regulations

10   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) defining any word or expression used but not defined in this Act;

(b) prescribing additional functions or activities to be carried out or engaged in by the minister;

(c) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 11 to 20.]

Section(s) Affected Act
11 British Columbia Buildings Corporation Act
12 British Columbia Enterprise Corporation Act
13 Financial Information Act
14 Freedom of Information and Protection of Privacy Act
15-17 Land Act
18 Land Title Act
19 Miscellaneous Statutes Amendment Act (No. 2), 1997
20 Workers Compensation Act

Commencement

21   This Act comes into force by regulation of the Lieutenant Governor in Council.