2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE KATHERINE WHITTRED
MINISTER OF HEALTH SERVICES
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act:
"board" means the Community Care Facility Appeal Board continued under section 17;
"care" means supervision that is provided to a child or adult who is
(a) vulnerable because of family circumstances, age, disability, illness or frailty, and
(b) dependent on caregivers for continuing assistance or direction in the form of a prescribed service or program provided by a licensee to persons in care;
"community care facility" means a premises or part of a premises
(a) in which a person provides care to 3 or more persons who are not related by blood or marriage to the person and includes any other premises or part of a premises that, in the opinion of the medical health officer, is used in conjunction with the community care facility for the purpose of providing care, or
(b) designated by the Lieutenant Governor in Council to be a community care facility;
"director of licensing" means the director of licensing designated under section 3 and includes, for the purposes of a delegation made under section 3 (2), the person to whom the delegation is made;
"employee" includes a volunteer, a person providing services under contract or other person ordinarily present at a community care facility but does not include a person in care;
"health authority" means a body designated under section 4 or 6 of the Health Authorities Act;
"licence" means a licence issued under section 10;
"licensee" means a person, including an aboriginal governing body however organized and established by aboriginal people within their traditional territory in British Columbia, that holds a licence;
"medical health officer" means a medical health officer appointed under the Health Act;
"minister" includes a person designated in writing by the minister;
"municipality" means any municipality or district as defined under the Local Government Act;
"person in care" means a person who resides in or attends a community care facility for the purpose of receiving care;
"premises" means a building or structure and includes outside areas adjacent to the building or structure ordinarily used in the course of providing care;
"sibling group" means a group of 3 or more children
(a) who reside in the same household if they are in the care of a person who is, with respect to each child,
(i) a parent of the child,
(ii) a person with whom the child is placed under the Child, Family and Community Service Act,
(iii) a person who has custody or guardianship of the child under an order of a court, or
(iv) the spouse of a person referred to in subparagraph (i) or (iii) if that person resides in the household, or
(b) who are recognized by the director of licensing as a sibling group.
2 This Act does not apply to any of the following:
(a) a school under the School Act;
(b) a school under the Independent School Act;
(c) a francophone school as defined in the School Act;
(d) a hospital or portion of a hospital as defined in the Hospital Act;
(e) a home approved as a foster home under the Child, Family and Community Service Act;
(f) a home designated as a youth custody centre under the Correction Act;
(g) a school primarily providing, in the opinion of the director of licensing, educational training for children 6 years of age or older;
(h) a designated facility under the Mental Health Act;
(i) a home providing day care for a sibling group only;
(j) a community care facility that is exempted, or is within a class exempted, under section 27 (3) (d).
3 (1) The minister must designate a person who is employed under the Public Service Act to be the director of licensing.
(2) The director of licensing may delegate, in writing, any power or duty of the director of licensing under this Act or the regulations to
(a) a person who, in the opinion of the director of licensing, possesses the experience and qualifications suitable to carry out the tasks as delegated, or
(b) a medical health officer.
(3) A delegation under subsection (2) may include any terms or conditions the director of licensing considers advisable.
4 (1) Subject to this Act and the regulations, the director of licensing may
(a) require a health authority to provide routine or special reports on
(i) the operation of licensed community care facilities within the area for which the health authority has responsibility,
(ii) the operation of the licensing program of the health authority, and
(iii) the results of any investigations of community care facilities, or investigations of complaints, conducted for it within the area for which it has responsibility,
(b) inspect or make an order for the inspection of any books, records or premises in connection with the operation of a community care facility,
(c) require a health authority to conduct an audit of the operations of a community care facility,
(d) carry out or order the investigation of
(i) a reportable incident, as prescribed in the regulations, at a community care facility, or
(ii) a matter affecting the health or safety of a person in care,
(e) create policies and standards of practice for all community care facilities or a class of community care facilities, and
(f) make other orders the director of licensing considers necessary for the proper operation of a community care facility or for the health and safety of persons in care, including an order that is contrary to the decision of a medical health officer.
(2) A health authority must ensure that its employees and appointees comply with an order made under subsection (1).
5 A person who does not hold a licence must not
(a) operate, or hold themselves out as operating, a community care facility,
(b) provide, or hold themselves out as providing, care in a community care facility, or
(c) accommodate, or hold themselves out as accommodating, a person who, in the opinion of a medical health officer, requires care in a community care facility.
6 A person must be at least 19 years of age to be a licensee or to manage a community care facility.
7 A licensee must do all of the following:
(a) employ at a community care facility only persons of good character who meet the standards for employees specified in the regulations;
(b) operate the community care facility in a manner that will promote the health, safety and dignity of persons in care;
(c) display the licence in the prescribed manner.
8 (1) A licensee must ensure that the community care facility for which their licence is issued is open at all times to visitation and inspection by the director of licensing, a medical health officer or an employee or appointee of a health authority, who may
(a) examine any part of the facility,
(b) require the licensee to produce for inspection, or for the purpose of obtaining copies or extracts, the financial and other records of the community care facility that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations,
(c) inquire into and inspect all matters concerning the community care facility, its operations, employees and persons in care, including any treatment or rehabilitation program carried out in the community care facility, and
(d) make a record of matters described in paragraph (c) and of the condition of the facility.
(2) If the director of licensing or a medical health officer has cause to believe that a premises is being used or is intended to be used as a community care facility and that premises is not licensed under this Act, the director of licensing or medical health officer may
(a) enter and inspect any part of the premises,
(b) require the owner or occupant to produce for inspection, or for the purpose of obtaining copies or extracts, the financial and other records respecting the premises that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations,
(c) request full information from the owner or occupant respecting
(i) the purpose for which the premises is being used,
(ii) the operations, employees and persons in care at the premises, and
(iii) the treatments or rehabilitation being given to persons at the premises, and
(d) make a record of matters described in paragraph (c) and of the condition of the premises.
(3) A copy made or an extract taken under this section, certified by the person carrying out the inspection as a true copy of or extract from the original, is admissible in evidence to the same extent as, and has the same evidentiary value as, the record of which it is a copy or from which it is an extract.
(4) The director of licensing or a medical health officer must not enter a private single family dwelling under subsection (2) (a) unless
(a) the occupier of the dwelling gives consent for the entry, or
(b) the entry is authorized by a warrant under subsection (5).
(5) A justice may issue a warrant authorizing the director of licensing or a medical health officer to enter a private single family dwelling under subsection (2) (a) if
(a) there is cause to believe that the dwelling is being used or is intended to be used as a community care facility and is not licensed under this Act,
(b) entry to the dwelling by the director of licensing or a medical health officer is necessary to ascertain whether the dwelling is being used or is intended to be used as a community care facility, and
(c) entry to the dwelling by the director of licensing or a medical health officer has been refused or there are reasonable grounds for believing that it will be refused.
(6) The director of licensing or a medical health officer must not use force to execute a warrant issued under subsection (5) unless the use of force is specifically authorized in the warrant.
(7) In this section, "private single family dwelling" means a structure that is used primarily as a personal residence by the owner, occupier or an employee or agent of the owner or occupier.
9 If a licensee does not operate a premises as a community care facility at any time during 12 consecutive months
(a) the licence expires automatically on the last day of the twelfth month, and
(b) the person in possession of the licence must immediately surrender that licence to a medical health officer.
10 (1) Subject to this Act and the regulations, a medical health officer may issue to an applicant a licence to operate a community care facility and specify in the licence the types of care that may be provided in the community care facility.
(2) A medical health officer must not issue a licence under subsection (1) unless the medical health officer is of the opinion that the applicant,
(a) if a person, other than a corporation,
(i) is of good character,
(ii) has the training, experience and other qualifications required under the regulations, and
(iii) has the personality, ability and temperament necessary to operate a community care facility in a manner that will maintain the spirit, dignity and individuality of the persons being cared for, or
(b) if a corporation,
(i) has a director permanently resident in British Columbia,
(ii) has appointed as manager of the community care facility a person who meets the requirements under paragraph (a), and
(iii) has delegated to that manager full authority to operate the community care facility in accordance with the requirements of this Act and the regulations.
(3) On issuing a licence under subsection (1), a medical health officer may attach the terms and conditions to the licence, subject to this Act and the regulations, that the medical health officer considers necessary or advisable for the health and safety of persons in care.
(4) In considering whether to attach terms and conditions under subsection (3), the medical health officer must have regard to the standards of practice set by the director of licensing under section 4 (1) (e).
(5) A licence issued under subsection (1) is cancelled if its holder assigns or otherwise transfers it to another person.
11 (1) A medical health officer may suspend or cancel a licence, attach terms or conditions to a licence or vary the existing terms and conditions of a licence if, in the opinion of the medical health officer, the licensee
(a) no longer complies with this Act or the regulations,
(b) has contravened a relevant enactment of British Columbia or of Canada, or
(c) has contravened a term or condition of the licence.
(2) If a medical health officer suspends or cancels a licence, the licensee, a corporation of which the licensee is an insider and an associate of the licensee are prohibited from applying for a new licence with respect to any premises that the licensee proposes to use as a community care facility for
(a) one year from the date of the decision to cancel the licence, or
(b) the period of the licence suspension.
(3) In this section:
"associate" has the same meaning as in section 1 (1) of the Company Act;
"insider" means an "insider of a corporation" as defined in section 1 (1) of the Company Act.
12 A medical health officer may suspend a licence, attach terms or conditions to the licence, or vary terms or conditions of that licence, without notice if the medical health officer has reasonable grounds to believe that there is an immediate risk to the health or safety of a person in care.
13 (1) Within the area for which he or she is appointed, a medical health officer must
(a) investigate every application for a licence to operate a community care facility or any other matter relevant to the application,
(b) investigate every complaint that
(i) an unlicensed community care facility is being operated, or
(ii) a community care facility that is being operated does not fully comply with this Act, the regulations or the terms or conditions of its licence,
(c) carry out inspections of any community care facility that is being operated, and
(d) perform additional duties in the administration of this Act or the regulations that the Lieutenant Governor in Council, the minister or the director of licensing may order.
(2) A medical health officer may continue and complete an investigation of a licensee or a former licensee after
(a) the licence has expired or been cancelled or suspended, or
(b) the licensee has surrendered the licence.
14 (1) A medical health officer may grant an exemption from a requirement of this Act or the regulations to a licensee or applicant for a licence who applies for the exemption if satisfied that
(a) there will be no increased risk to the health and safety of persons in care, and
(b) the exemption meets prescribed requirements.
(2) A medical health officer may attach terms and conditions to the exemption and suspend, cancel or vary an exemption granted under subsection (1) in the same manner as under sections 11 and 12.
15 (1) In this section:
"action", in relation to a licence, means
(a) a refusal to issue a licence under section 10 (1),
(b) an attachment, under section 10 (3), of terms or conditions,
(c) a suspension or cancellation, an attachment of terms or conditions, or a variation of terms or conditions under section 11 (1), or
(d) a suspension or cancellation of an exemption or an attachment or variation of terms or conditions under section 14 (2);
"summary action" means a suspension or cancellation of a licence, an attachment of terms or conditions to the licence, or a variation of those terms or conditions under section 12;
"written response" means a written response referred to in subsection (2) (b).
(2) Thirty days before taking an action or as soon as practicable after taking a summary action, a medical health officer must give the licensee or applicant for the licence
(a) written reasons for the action or summary action, and
(b) a written notice that the licensee or applicant for the licence may give a written response to the medical health officer setting out reasons why the medical health officer should act under subsection (3) (a) or (b) respecting the action or summary action.
(3) If a medical health officer considers that this would be appropriate to give proper effect to section 10, 11, 12 or 14 in the circumstances, the medical health officer may, on receipt of a written response,
(a) delay or suspend the implementation of an action or a summary action until the medical health officer makes a decision under paragraph (b), or
(b) confirm, rescind, vary, or substitute for the action or summary action.
(4) A medical health officer must not act under subsection (3) (a) unless the medical health officer is satisfied that
(a) further time is needed to consider the written response,
(b) the written response sets out facts or arguments that, if confirmed, would establish reasonable grounds for the medical health officer to act under subsection (3) (b), and
(c) it is reasonable to conclude that
(i) if the delay or suspension is granted, the health or safety of no person in care will be placed at risk, and
(ii) the licensee or applicant for the licence will suffer a significant loss during the proposed delay or suspension, if the delay or suspension is not granted.
(5) A medical health officer must give written reasons to the licensee or applicant for the licence on acting or declining to act under subsection (3).
(6) A licensee or applicant for the licence may not give a medical health officer a further written response concerning an action or summary action on or after receipt of written reasons under subsection (5) concerning the action or summary action.
16 (1) The minister may appoint an administrator to operate a community care facility for a period specified by the minister if the minister has reasonable grounds to believe that there is a risk to the health or safety of a person in care.
(2) The minister must serve the licensee with notice of the appointment of an administrator.
(3) The administrator may exercise all powers necessary to continue the operation of the community care facility and, without limitation, may
(a) hire staff and pay their remuneration,
(b) order the persons in care to pay any fees or charges directly to the administrator, and
(c) notify the minister responsible for the administration of the Financial Administration Act of the appointment.
(4) If the minister responsible for the administration of the Financial Administration Act is notified of the administrator's appointment, all payments by the government for services provided to persons cared for at the community care facility must be made directly to the administrator.
(5) The administrator must provide to the minister an accounting of the operation of the community care facility at the end of the period of the appointment, and any excess of revenue over expenditure must, after deduction of the administrator's fees, be paid to the licensee.
(6) The minister must determine the fees to be paid to the administrator, but, if there is insufficient money to pay those fees under subsection (5), the minister must pay the difference.
(7) If the minister must pay the difference under subsection (6), the amount of the difference is a debt owed by the government, payable on demand by the licensee.
17 (1) The Community Care Facility Appeal Board is continued consisting of a chair and other members the Lieutenant Governor in Council appoints.
(2) A licensee or an applicant for a licence may appeal to the board in the prescribed manner within 30 days of receiving notification that
(a) the minister has appointed an administrator under section 16, or
(b) a medical health officer has acted or declined to act under section 15 (3) (b).
(3) Within 30 days after a decision is made under section 14 to grant an exemption from this Act and the regulations, the decision may be appealed to the board under this section by
(a) a person in care or the agent or personal representative of a person in care, or
(b) a spouse, relative or friend of a person in care.
(4) An application to appeal under subsection (2) or (3) must be accompanied by the prescribed filing fee, and this fee must be remitted if the board grants the appeal.
(5) The public officer whose action described in subsection (2) is being appealed is a party to the appeal proceedings.
(6) An appeal to the board does not suspend the effect of the decision under appeal unless the board is satisfied, on summary application, that a stay would not risk the health or safety of a person in care.
(7) The board may extend the time for appeal on application by either party.
(8) The board may, on application by either party, make an order requiring a party to produce relevant documents or witnesses.
(9) The board must receive evidence and argument as if a proceeding before the board were a decision of first instance.
(10) The board may confirm, reverse or vary a decision under appeal, or may send the matter back for reconsideration, with or without directions, to the person whose decision is under appeal.
(11) A member may complete the hearing of a matter commenced before the member resigns or the member's term ends.
(12) If the board gives a party written notice requiring the party to diligently pursue their appeal and the party fails to act on the notice within the time specified in the notice, the board may dismiss the appeal on the motion of a party or on its own initiative.
(13) Subject to this Act and the regulations, the board may set its own practices and procedure.
18 (1) The chair of the board
(a) must, in accordance with the regulations, organize the board into panels, each consisting of up to 3 members,
(b) may, for each appeal under section 17, designate the member or members of the panel and the chair of the panel, and
(c) may assign to a panel any appeal that is to be heard by the board.
(2) In appeals assigned under subsection (1), the panel has all the jurisdiction of the board and a decision or order of the panel is a decision or order of the board.
(3) Subject to the regulations, a panel may determine how a hearing before the panel is to be conducted, including whether submissions to the panel are to be made in person, in writing, by conference call or by other means of communication.
(4) If a panel has more than one member, the decision of the majority of the panel is the panel's decision.
(5) If there is no majority, the decision of the member chairing the panel is the panel's decision.
(6) Section 17 (11) applies to a member of a panel.
19 (1) The chair of the board may file in the Supreme Court an order made by the board or a panel under section 17 or 18.
(2) An order filed under subsection (1) is enforceable in the same manner as an order of the Supreme Court.
20 If a licence is issued for a community care facility that is being, or is to be, used
(a) as a day care for no more than 8 persons, or
(b) as a residence for no more than 10 persons, not more than 6 of whom are persons in care, who, in the event of a fire, can safely exit unaided or be removed from the facility by its staff,
then a provision in an enactment of British Columbia, other than this Act, or of a municipality, does not apply to the community care facility if that provision would
(c) limit the number of persons in care that may be accepted or accommodated at that facility or limit the types of care that may be provided to the persons in care at that facility, or
(d) apply to the community care facility only because
(i) it is not being used as a single family dwelling house, or
(ii) it operates as a community care facility, a charitable enterprise or a commercial venture.
21 (1) If a municipality refuses an application for a variation of, or for an exemption from, an enactment of the municipality respecting health and safety, the applicant for a licence to use as a community care facility a premises that does not comply with the enactment may notify the minister and the municipality in writing that the applicant requires the matter to be determined by arbitration.
(2) On receiving the notification under subsection (1), the minister must appoint an arbitrator.
(3) On appointment as provided in this section, the arbitrator, after considering the public interest, may
(a) dismiss the application, or
(b) order that the applicant be exempted from the enactment.
(4) An order made under subsection (3) is final and binding on the applicant and the municipality, and if the premises is exempted under subsection (3) (b), subsequent owners of the premises continue, subject to compliance with this Act, to be exempted from the enactment so long as the premises is operated by a licensee as a community care facility.
(5) Except as otherwise provided in this section, the Commercial Arbitration Act applies to an arbitration under this Act, but the applicant for a licence must pay all the costs of the arbitration.
22 (1) In this section:
"licensee" includes an officer or director of a licensee and an agent, designate or employee of the licensee;
"personal representative" includes the following:
(a) an executor within the meaning of the Wills Act;
(b) a representative under the Representation Agreement Act;
(c) a trustee of an estate or part of an estate under administration;
(d) a decision maker or guardian under the Adult Guardianship Act.
(2) A licensee must not do any of the following:
(a) bring, or cause to be brought, advertise for or in any way encourage the entry into British Columbia of a child to become a person in care without first obtaining the written approval of the director designated under the Child, Family and Community Service Act;
(b) persuade or induce, or attempt to persuade or induce, a person in care to
(i) make or alter a will,
(ii) make a gift,
(iii) provide a benefit for the licensee or the licensee's spouse, relative or friend, or
(iv) conduct the financial affairs of the person in care for the benefit of the licensee or the licensee's spouse, relative or friend;
(c) require that a person seeking admission to a community care facility, as a condition of admission, make any payment or donation other than as specified in a written contract;
(d) act under the authority of a power of attorney granted to the licensee by a person in care;
(e) act as a personal representative or committee of the estate of a person in care or formerly in care, unless the licensee is a child, parent or spouse of the person in care or formerly in care;
(f) act as a representative under an agreement made under the Representation Agreement Act by a person in care or formerly in care, unless the licensee is a child, parent or spouse of the person in care or formerly in care.
(3) A will, alteration of a will, gift, provision of a benefit or other measure described in subsection (2) (b) (i) to (iv) is void unless the Public Guardian and Trustee gives written consent to it.
(4) A power of attorney, or a disposition made under the power of attorney, described in subsection (2) (d) is void, unless
(a) the licensee is a child, parent or spouse of the person in care, or
(b) the Public Guardian and Trustee consents in writing to the power of attorney or the disposition.
23 If a person prepays part of the cost of services provided by a class of community care facilities designated by the Lieutenant Governor in Council, the licensee or manager of the facility must, at the time of the prepayment, deliver to the person a written statement setting out the terms and conditions on which a refund of all or any of the prepayment will be made.
24 (1) No action for damages may be brought against the director of licensing, a medical health officer or a member of the board or a person acting on behalf or under the direction of any of them because of anything done or omitted in good faith in the performance or intended performance of any duty or the exercise or intended exercise of any power under this Act or the regulations.
(2) Subsection (1) does not absolve the government, a health authority or an employer from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
(3) A member of the board is not, in a civil action to which the member is not a party, required to testify or produce evidence about records or information obtained in the discharge of duties under this Act.
25 (1) No action or other proceeding may be brought against a person for reporting under this Act abuse of a prescribed type if the report is made in good faith.
(2) A licensee must not take adverse action against its employee or agent because that person made the report referred to in subsection (1).
(3) A licensee or other person must not alter, interrupt or discontinue, or threaten to alter, interrupt or discontinue, service to a person in care as a result of a report or a suggested or stated intention to make the report referred to in subsection (1).
26 (1) A person who contravenes section 5, 6 or 22 (2) of this Act or a term or condition attached to a licence commits an offence.
(2) A person who commits an offence under subsection (1) is liable to a fine of up to $10 000.
(3) If an offence under subsection (1) is of a continuing nature, each day that the offence continues constitutes a separate offence.
27 (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) prescribing how an application for a licence to operate a community care facility must be made to a medical health officer, and the form and content of the application;
(b) prescribing the minimum requirements that the applicant and the community care facility must meet before a medical health officer can issue the licence for which an application is made;
(c) prescribing the fees for an application or licence to be paid to the government or to a person designated by the minister;
(d) prescribing standards of construction for, and the facilities, equipment and furnishings that must be contained in, community care facilities;
(e) prescribing the duties and responsibilities of a licensee and the licensee's employees;
(f) prescribing the training, experience and other qualifications required for licensees and their employees;
(g) prescribing the records required to be kept by a licensee and the reports to be submitted to the medical health officer or the director of licensing;
(h) prescribing the services and programs that licensees must or may provide for persons in care and the standards that must be met in the delivery and administration of those programs and services;
(i) prescribing the extent of physical, mental or emotional disabilities of persons that a licensee may accept, accommodate or care for in a community care facility;
(j) prescribing the minimum and maximum age, and the maximum number, of persons who may be accepted, accommodated or cared for in different classes of community care facilities;
(k) prescribing the maximum number of hours that a person may be accepted, accommodated or cared for in different classes of community care facilities;
(l) limiting the conditions of admission that a licensee may require of a person seeking admission to a community care facility and the restrictions that a licensee may impose on a person in care;
(m) establishing the procedures that must be followed before a licence is suspended or cancelled;
(n) prescribing what is a reportable incident and the manner in which an incident report must be made;
(o) prescribing the circumstances in which an exemption from a requirement under this Act or the regulations may be granted under section 14;
(p) prescribing the length of time for which a licence or class of licences may be valid;
(q) prescribing the powers, duties and responsibilities of an administrator appointed under section 16;
(r) prescribing the manner in which a licensee must display a licence;
(s) prescribing the reports that must be made by a health authority to the director of licensing;
(t) prescribing the collection, use or dissemination of information by the director of licensing or a health authority;
(u) prescribing the practices and procedures, including the fees for filing an appeal, respecting the board under section 17 or a panel under section 18;
(v) prescribing types of abuse for the purposes of section 25.
(3) In making regulations under this section, the Lieutenant Governor in Council may
(a) establish one or more classes of licences,
(b) establish one or more classes of community care facilities,
(c) make different provisions for one or more classes of community care facilities or licences, and
(d) exempt a community care facility or a class of community care facilities for the purposes of section 2.
28 The Community Care Facility Act, R.S.B.C. 1996, c. 60, may be repealed by regulation of the Lieutenant Governor in Council.
29 The Supplement to the Community Care Facility Act is repealed.
30 The definition of "employer" in section 1 of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended
(a) in paragraph (i) by striking out "or interim permit", and
(b) by adding the following paragraph:
(h.1) the employer of staff at a community care facility, as defined in the Community Care Facility Act, that is exempted under section 27 (3) (d) of that Act, .
31 The definition of "care facility" in section 1 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended by repealing paragraph (b).
32 The definition of "hospital" in section 1 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended
(a) by striking out "except in Parts 2 and 2.1," and substituting "except in Part 2.1,", and
(b) by adding "or" at the end of paragraph (a), by striking out ", or" at the end of paragraph (b) and by repealing paragraph (c).
33 Part 2 is repealed.
34 Section 48 (1) is amended by striking out "or 5".
35 Section 50 (2) (b) is amended by striking out "or 5".
36 Section 56 (3) (c) is amended by striking out "or licensed hospitals".
37 The definition of "hospital" in section 1 of the Hospital Insurance Act, R.S.B.C. 1996, c. 204, is amended by repealing paragraph (b).
38 Section 15 (2) (b) of the Human Tissue Gift Act, R.S.B.C. 1996, c. 211, is amended by striking out "or licensed hospital as defined in section 5 of that Act".
39 Section 339 (1) (i) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "except a private hospital under that Act,".
40 Section 341 (2) (g) is amended by striking out "operated as a private hospital licensed under the Hospital Act or an institution" and substituting "operated as an institution".
41 Section 5 (1) (a) of the Mental Health Act, R.S.B.C. 1996, c. 288, is repealed.
42 The definition of "facility" in section 1 of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363, is amended in paragraph (a) by striking out "or temporary permit under section 4 of" and substituting "under".
43 Section 83 (c) is repealed and the following substituted:
(c) a facility holding a licence under the Community Care Facility Act; .
44 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill facilitates a more outcome based community care service delivery system as it relates to the use of facilities.
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