[ Order Paper | Schedule A | Schedule B | Schedule D ]

No. 81 ORDERS OF THE DAY OF THE Legislative Assembly of British Columbia

Monday, May 26, 2008

10 a.m.

ROUTINE BUSINESS

prayers

INTRODUCTION OF BILLS

1 Mr. Brar to introduce a Bill intituled Ensuring Fairness for Income Assistance Recipients and Low Wage Earners Act, 2008.

2 Ms. James to introduce a Bill intituled Community Care and Assisted Living Act Amendment Act, 2008.

3 Mr. Puchmayr to introduce a Bill intituled Farm Workers Fairness Act, 2008.

4 Mr. Fleming to introduce a Bill intituled Private Post-Secondary Accountability and Student Protection Act, 2008.

5 Mr. Krog to introduce a Bill intituled Accountability Act, 2008.

6 Ms. Thorne to introduce a Bill intituled Home Inspectors Act, 2008.

7 Mr. Cubberley to introduce a Bill intituled Funding Stability for Boards of Education Act, 2008.

8 Ms. Kwan to introduce a Bill intituled Residential Tenancy Act Amendment Act, 2008.

9 Ms. Kwan to introduce a Bill intituled Vancouver Social Housing Amendment Act, 2008.

10 Ms. James to introduce a Bill intituled The Campaign Finance Reform Act, 2008.

11 Mr. Horgan to introduce a Bill intituled Members’ Conflict of Interest Amendment Act, 2008.

12 Mr. Farnworth to introduce a Bill intituled Victims of Crime Act, 2008.

STATEMENTS (STANDING ORDER 25b)

(Afternoon sittings: Monday, Tuesday, Wednesday, and Thursday)

ORAL QUESTION PERIOD

(30 minutes, afternoon sittings: Monday, Tuesday, Wednesday, Thursday)

PRESENTING PETITIONS

READING AND RECEIVING PETITIONS

PRESENTING REPORTS

MOTIONS ON NOTICE

(See Schedule A — Government Motions)
(See Schedule D — Private Members’ Motions)

WRITTEN QUESTIONS ON NOTICE

(See Schedule B)

PROPOSED AMENDMENTS ON NOTICE

18 The Hon. B. Penner to move, in Committee of the Whole on Bill (No. 18) intituled Greenhouse Gas Reduction (Cap and Trade) Act to amend as follows:

SECTION 23, by deleting the text shown as struck out and adding the text shown as underlined:

(4) A person convicted of an offence under this section subsection (1), (2) or (3) is liable to a fine of not more than $1 000 000 or imprisonment for a term of not more than 6 months, or both.

(5) A person who contravenes section 36 (2) commits an offence.

(6) A person convicted of an offence under subsection (5) is liable to a fine of not more than $200 000 or imprisonment for a term of not more than 6 months, or both.

SECTION 36, by deleting the section and substituting the following:

Confidentiality

36 (1) In this section:

“protected information” means information that would reveal

(a) trade secrets of a third party, or

(b) commercial, financial, labour relations, scientific or technical information of or about a third party;

“third party” has the same meaning as in the Freedom of Information and Protection of Privacy Act;

“trade secret” has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) Subject to this section, a person who has access to protected information that is in the custody or under the control of the government through

(a) reports required to be provided by an operator under this Act,

(b) the exercise of powers under section 43 [regulations in relation to inspections] in relation to a regulated operation or reporting operation, or

must not disclose the protected information to any other person.

(3) The prohibition in subsection (2) does not apply to disclosure of the following information:

(a) information that is publicly available;

(b) determinations of greenhouse gas emissions attributable to a regulated operation or reporting operation, including determinations of emissions by major source category;

(c) the application of compliance units for the purpose of section 2 (1) (b) [retirement of compliance units to match emissions];

(d) information in the compliance unit tracking system;

(e) information that is required or authorized to be made public under this Act.

(4) The prohibition in subsection (2) does not apply to disclosure in the following circumstances:

(a) if required under Part 2 [Freedom of Information] of the Freedom of Information and Protection of Privacy Act;

(b) in the course of administering or enforcing this Act or a prescribed enactment;

(d) in accordance with an information-sharing agreement under section 36.1;

(e) with the consent of the person, group of persons or organization that is the third party in relation to the protected information.

Information-sharing agreements

36.1 (1) For the purposes of this section, “information-sharing agreement” means a data-matching or other agreement to provide or exchange information related to reducing concentrations of greenhouse gas in the atmosphere or reducing greenhouse gas emissions into the atmosphere.

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an information-sharing agreement with

(a) the administrative authority,

(b) an authority referred to in section 39 (c) [units from other authorities], or

SECTION 37, by deleting subsection (2) (a) and substituting the following:

(a) prescribing information that must or may be made public under this Act, other than information referred to in paragraph (a) of the definition of “protected information” in section 36 [confidentiality]; .

22 Mr. Dix to move, in Committee of the Whole on Bill (No. 22) intituled Health Care Costs Recovery Act to amend as follows:

SECTION 7, is amended by adding the following subsection:

(4) All funds recovered by the government pursuant to this Act must be used by the government to fund the provincial health care system..

23 The Hon. G. Abbott to move, in Committee of the Whole on Bill (No. 23) intituled Public Health Act to amend as follows:

SECTION 63, by deleting the text shown as struck out and adding the text shown as underlined:

Power to establish directives and standards

63 (1) The minister may by order establish

(a) directives respecting the exercise of powers and the performance of duties

(i) by health authorities under this enactment,

(ii) by local governments under a regulation made under section 120 (1)(2) (a) or (b) [regulations respecting local governments], and

(iii) by a person under a regulation made under section 125 (4) [other regulation-making powers], and

(b) standards of practice for environmental health officers in relation to the exercise of their powers and the performance of their duties under this or any other enactment.

(2) Without limiting subsection (1), in respect of a provision of this Act or a regulation made under it that refers to a facility, place, person or procedure specified in an order, the minister may by order do the following:

(a) require particular facilities, places, persons or procedures to be specified for the purposes of any section;

(b) set standards or qualifications that facilities, places, persons or procedures must meet before a health officer can specify the facility, place, person or procedure in an order;

(c) authorize health authorities to set standards respecting facilities, places, persons and procedures that can be specified by health officers in an order.

(3) The minister may make orders respecting the following:

(a) the timing and substance of performance reviews for medical health officers to be conducted by the provincial health officer;

(b) training and qualifications for environmental health officers, including requiring ongoing training.

SECTION 74, by deleting the text shown as struck out and adding the text shown as underlined:

Delegation by medical health officers

74 (1) Subject to subsection (2), a medical health officer may in writing delegate to a person or class of persons any of the medical health officer’s powers or duties under this or any other enactment, except the following:

(a) a power to further delegate the power or duty;

(b) a power or duty as provided in an enactment;

(b) a power or duty under another enactment, if the other enactment provides that the power or duty is not delegable;

(2) A medical health officer must not delegate a power or duty to a health officer who has not been designated to act in the geographic area in which the delegated power or duty is to be exercised or performed.

SECTION 126, by deleting the text shown as struck out:

General powers respecting regulations

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

(2) A person must not read any section of this Part as limiting the general powers to make regulations described in subsection (1).

(3) A regulation made under this Act in respect of a person, facility, place, procedure or thing may

(a) establish classes of persons, facilities, places, procedures or things, and

(b) make regulations that are different for different classes of persons, facilities, places, procedures or things.

(4) A regulation made under this Act may limit the application of the regulation

(a) to one or more geographic areas, and

(b) to one or more classes of persons, facilities, places, procedures or things.

(5) A regulation made under this Act may confer a discretion on the minister, the provincial health officer or a health officer, except the power to make a regulation.

(6) A regulation made under this Act may adopt by reference, in whole or in part and with any changes the Lieutenant Governor in Council considers appropriate, a regulation, code, standard or rule

(a) enacted as or under a law of another jurisdiction, including a foreign jurisdiction, or

(b) set by a provincial, national or international body or any other body that may make codes, standards or rules.

(7) Unless otherwise stated, a code, standard or rule referred to in subsection (6) is adopted as amended from time to time.

(8) If, in a regulation made under this Act, the Lieutenant Governor in Council provides that contravention of the regulation is an offence, the Lieutenant Governor in Council may provide that a person who commits the offence is, in addition to a penalty imposed under section 107 [alternative penalties], liable on conviction to a fine not exceeding $200 000 or to imprisonment for a term not exceeding 6 months, or to both.

24 The Hon. G. Abbott to move, in Committee of the Whole on Bill (No. 24) intituled E-Health (Personal Health Information Access and Protection of Privacy) Act to amend as follows:

SECTION 8, by renumbering the proposed section 8 as section 8 (1), deleting the text shown as struck out and adding the text shown as underlined:

Authorization of disclosure directives

8 (1) Subject to subsection (3), tThe minister may must in a designation order

(a)authorize a person whose personal health information is contained in the health information bank that is the subject of the designation order to make a disclosure directive in respect of.

(2) An authorization under subsection (1) may limit the making of disclosure directives to

(ia) one or more types of personal health information, as identified in the designation order under section 3 (2) (a) [establishment or designation of health information banks], contained in the health information bank,

(iib) one or more purposes, as identified in the designation order under section 3 (2) (d), for which personal health information may be disclosed from the health information bank, and

(iiic) one or more persons or classes of persons, as identified in the designation order under section 3 (2) (g), and.

(b) put conditions on the making of disclosure directives.

(3) Subsection (1) does not apply in respect of a health information bank if the data stewardship committee recommends to the minister that disclosure directives should not be made in respect of the health information bank.

SECTION 9, by deleting the text shown as struck out and adding the text shown as underlined:

(2) A person who makes or revokes a disclosure directive must

(a) make the disclosure directive or revocation in writing,

(b) comply with any prescribed conditions set out in the designation order respecting the making or revoking of disclosure directives, and

(5) If the minister amends a designation order in respect of the authority to make a disclosure directive, any part of a disclosure directive that is inconsistent with the amendment is deemed to have been revoked.

SECTION 10, by deleting the text shown as struck out and adding the text shown as underlined:

Effect of disclosure directives

10 (1) A person who is otherwise permitted to collect, use or disclose personal health information from a health information bank must not do so in any manner that is inconsistent with a disclosure directive except as follows:

(a) to notify a person that a disclosure directive applies to personal health information that would otherwise be available to the person;

(b) for a purpose described in section 33.1 (1) (c) of the Freedom of Information and Protection of Privacy Act;

(d) if section 12 [exception – urgent or emergency health care] of the Health Care (Consent) and Care Facility (Admission) Act applies and a health care provider acting under that section reasonably believes that the personal health information may be required to provide health care in accordance with that section. ;

(e) if prescribed circumstances apply.

SECTION 11, by renumbering the proposed section 11 as section 11 (1) and by adding the following subsection:

(2) In addition to the data stewardship committee’s role under subsection (1), the data stewardship committee may make recommendations to the minister for the purposes of section 8 (3).

SECTION 16, by renumbering the proposed section 16 as section 16 (1) and by adding the following subsection:

(2) After making a report under subsection (1), the data stewardship committee must promptly publish the report.

SECTION 17, by deleting the text shown as struck out and adding the text shown as underlined:

One’s own personal health information to be available

17 (1) Subject to this Act and the regulations made under it, an administrator must make available, without request, to a person

(a) that person’s personal health information contained in the health information bank for which the administrator is responsible,

(b) a record of any disclosure directives made by the person that apply to the health information bank, and

(2) Despite subsection (1), the administrator may deny, for any reason for which a person may be denied access to information under the Freedom of Information and Protection of Privacy Act, access to information or records described in subsection (1).

(2) An administrator may delete from the information that would otherwise be available, or from a record made available, under this section any information he or she would be entitled to refuse to disclose under the Freedom of Information and Protection of Privacy Act.

SECTION 18, by deleting the text shown as struck out:

Purposes for which disclosure always authorized

18 (1) An administrator may disclose personal health information inside Canada from a health information bank for one or more of the following purposes:

(a) a purpose described in section 33.2 (b), (c) or (f) of the Freedom of Information and Protection of Privacy Act;

(b) to investigate or discipline a person regulated by a governing body of a health profession that has authority, under an enactment, to investigate or discipline the person;

(c) to monitor, by a governing body of a health profession, the practice of a health profession that is, under an enactment, regulated by that body;

(d) a purpose for which the person who is the subject of the personal health information has expressly consented.

SECTION 26, by deleting the text shown as struck out and adding the text shown as underlined:

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

(a) defining “health services” and “health service provider” for the purposes of this Act;

(b) prescribing databases, by name or by class, that must not be designated as a health information bank under section 3 [establishment or designation of health information banks];

(d) respecting

(i) the manner in which a disclosure directive must be made,

(ii) conditions that apply to the making or revocation of a disclosure directive,

(iii) to whom a disclosure directive must be provided, and

(iv) records that must accompany a disclosure directive;

(e) prescribing circumstances in which a person may collect, use or disclose personal health information despite a disclosure directive;

(fe) respecting conflicts of interest in relation to members of the data stewardship committee, including defining conflicts of interest and providing rules for the management of conflicts of interest;

(gf) for the purposes of section 17 [one’s own personal health information to be available], including

(i) respecting the types of information that may, or must not, be made available,

(ii) respecting how personal health information is to be made available, including putting conditions on direct access to personal health information,

(iii) respecting information that must be removed from a record before the record is made available, and

(iv) respecting fees that may be charged by administrators for making available the information and records referred to in subsection (1) (c) of that section;

(hg) defining “bulk or regular” for the purposes of section 19 [information-sharing agreements required for disclosure];

(ih) for any other matter for which regulations are contemplated by this Act.

SECTION 39, by deleting the text shown as struck out and adding the text shown as underlined:

39 Section 38.1 of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363, is amended

(e) in subsection (2) by adding the following paragraph:

(d) respecting fees that may be charged for access to the information and records referred to in subsection (1.1) (c). , and

(f) by adding the following subsection:

(3) Despite subsection (1.1) and withoutWithout limiting a regulation made under subsection (2) (c), an employee in the ministry of the minister designated by the minister for this purpose may delete from the information that would otherwise be available, or a record made available, under subsection (1.1) any information he or she would be entitled to refuse to disclose under the Freedom of Information and Protection of Privacy Act. deny, for any reason for which a person may be denied access to information under the Freedom of Information and Protection of Privacy Act, access to personal health information under subsection (1.1).

SECTION 41, by deleting the text shown as struck out and adding the text shown as underlined:

Making and revoking disclosure directives

39.3 (1) If by regulation the Lieutenant Governor in Council authorizes the making of disclosure directives, aSubject to the regulations, a person may, subject to the regulations,

(a) make a disclosure directive as authorized by the a regulation, and

(b) revoke a disclosure directive the person has made.

(2) A person who makes or revokes a disclosure directive must

(a) make the disclosure directive or revocation in writing,

(b) comply with any prescribed conditions respecting the making or revoking of disclosure directives, and

(3) Until the contrary is demonstrated, every person is presumed to be capable of understanding the nature of a disclosure directive and the consequences of making or revoking a disclosure directive.

(4) A disclosure directive takes effect when activated in the PharmaNet system.

(5) If the Lieutenant Governor in Council amends a regulation in respect of the authority to make a disclosure directive, any part of a disclosure directive that is inconsistent with the amendment is deemed to have been revoked.

Effect of disclosure directives

39.4 (1) A person who is otherwise permitted to collect, use or disclose personal health information from PharmaNet must not do so in any manner that is inconsistent with a disclosure directive except as follows:

(a) to notify a person that a disclosure directive applies to personal health information that would otherwise be available to the person;

(b) as required under this Act;

(d) with the express consent of the person who made the disclosure directive;

(e) if section 12 [exception – urgent or emergency health care] of the Health Care (Consent) and Care Facility (Admission) Act applies and a health care provider acting under that section reasonably believes that the personal health information may be required to provide health care in accordance with that section. ;

(f) if prescribed circumstances apply.

Regulations in respect of this Part

39.6 (1) The Lieutenant Governor in Council may make regulations as follows:

(a) authorizing, with or without conditions, the making of disclosure directives;

(ba) limiting or prohibiting classes of persons from making disclosure directives;

(cb) limiting persons from the making of disclosure directives in respect ofto

(i) one or more types of personal health information contained in the PharmaNet system,

(ii) one or more purposes for which personal health information may be disclosed from the PharmaNet system, and

(iii) one or more persons or classes of persons to whom personal health information from the PharmaNet system may be disclosed;

(dc) respecting

(i) the manner in which a disclosure directive must be made,

(ii) conditions that apply to the making or revocation of a disclosure directive,

(iii) to whom a disclosure directive must be provided, and

(iv) records that must accompany a disclosure directive.;

(e) prescribing circumstances in which a person may collect, use or disclose personal health information despite a disclosure directive.

SECTION 43, by deleting the text shown as struck out and adding the text shown as underlined:

43 Section 15 of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, is amended

(e) in subsection (2) by adding the following paragraph:

(i) respecting fees that may be charged for access to the information and records referred to in subsection (1.1) (c). , and

(f) by adding the following subsection:

(7) Despite subsection (1.1) and wWithout limiting a regulation made under subsection (2) (c), an employee in the ministry of the minister designated by the minister for this purpose may delete from the information that would otherwise be available, or from a record made available, under subsection (1.1) any information he or she would be entitled to refuse to disclose under the Freedom of Information and Protection of Privacy Act.deny, for any reason for which a person may be denied access to information under the Freedom of Information and Protection of Privacy Act, access to personal health information under subsection (1.1).

SECTION 45, by deleting the text shown as struck out and adding the text shown as underlined:

Making and revoking disclosure directives

16.3 (1) If by regulation the Lieutenant Governor in Council authorizes the making of disclosure directives, aSubject to the regulations, a person may, subject to the regulations,

(a) make a disclosure directive as authorized by the a regulation, and

(b) revoke a disclosure directive the person has made.

(2) A person who makes or revokes a disclosure directive must

(a) make the disclosure directive or revocation in writing,

(b) comply with any prescribed conditions respecting the making or revoking of disclosure directives, and

(3) Until the contrary is demonstrated, every person is presumed to be capable of understanding the nature of a disclosure directive and the consequences of making or revoking a disclosure directive.

(4) A disclosure directive takes effect when activated in the PharmaNet system.

Effect of disclosure directives

16.4 (1) A person who is otherwise permitted to collect, use or disclose personal health information from PharmaNet under this Act must not do so in any manner that is inconsistent with a disclosure directive except as follows:

(a) to notify a person that a disclosure directive applies to personal health information that would otherwise be available to the person;

(b) as required under this Act;

(d) with the express consent of the person who made the disclosure directive;

(f) if prescribed circumstances apply.

Regulations in respect of this Part

16.6 (1) The Lieutenant Governor in Council may make regulations as follows:

(a) authorizing, with or without conditions, the making of disclosure directives;

(ba) limiting or prohibiting classes of persons from making disclosure directives;

(cb) limiting persons fromthe making of disclosure directives in respect of to

(i) one or more types of personal health information contained in the PharmaNet system,

(ii) one or more purposes for which personal health information may be disclosed from the PharmaNet system, and

(iii) one or more persons or classes of persons to whom personal health information from the PharmaNet system may be disclosed;

(dc) respecting

(i) the manner in which a disclosure directive must be made,

(ii) conditions that apply to the making or revocation of a disclosure directive,

(iii) to whom a disclosure directive must be provided, and

(iv) records that must accompany a disclosure directive. ;

(e) prescribing circumstances in which a person may collect, use or disclose personal health information despite a disclosure directive.

25 The Hon. G. Abbott to move, in Committee of the Whole on Bill (No. 25) intituled Health Professions (Regulatory Reform) Amendment Act, 2008 to amend as follows:

SECTION 7, in the proposed section 12.2 (1) by deleting the text shown as struck out and adding the text shown as underlined:

(1) Despite section 12.1 (1) and (2), but subject to section 12.1 (3), a person’s use of a title prescribed under section 12 (2) (b), an abbreviation of the title or an equivalent of the title or abbreviation in another language is not a contravention of section 12.1 (1) if the person

(a) is authorized by a body in another province or a foreign jurisdiction that regulates a health profession in that other province or foreign jurisdiction to use the title, the abbreviation of the title or the equivalent of the title or abbreviation in another language to indicate membership in that body, and

(b) indicates, in using the title, the abbreviation of the title or the equivalent of the title or abbreviation in another language

(i) whether the person is authorized to practise the health profession in the other province or foreign jurisdiction, and

(ii) the name of the other province or foreign jurisdiction., and

(c) uses the title only for the purpose of indicating whether the person is authorized to practise the health profession in the other province or foreign jurisdiction.

SECTION 16 (c), by deleting the text shown as struck out and adding the text shown as underlined:

(c) in subsection (2) (b) (i) by striking out “, (l.4), (m) or (n)” and substituting “or (l.4)(1.3) ”.

SECTION 17 (c), by adding the text shown as underlined:

(c) in paragraph (g) by striking out “, functions” and substituting “, powers” and by adding “the registrar, deputy registrars or other” before “officers”, .

SECTION 18 (e), by deleting the text shown as struck out and adding the text shown as underlined:

(e) in subsection (6.1) by striking out “, (l.4), (m) or (n)” and substituting “or (l.4)(1.3)”, .

SECTION 19 (d), (e) and (g), by deleting the text shown as struck out and adding the text shown as underlined:

(d) in subsection (2.1) (a) by striking out “the health profession” and substituting “a health profession” and by striking out “jurisdiction” and substituting “province or a foreign jurisdiction”,

(e) in subsection (2.1) (b) by striking out “the health profession” and substituting “a health profession” and by striking out “jurisdiction” and substituting “province or a foreign jurisdiction”,

(g) in subsection (3) by striking out “If an applicant” and substituting “Despite subsection (2), if If a person applying for registration”, by striking out “that an applicant” and substituting “that a person applying”, by striking out “register the applicant” and substituting “grant registration to the person” and by striking out “set limits or conditions on the practice of the applicant.” and substituting “impose limits or conditions on the practice of the designated health profession by the person.”, .

SECTION 19 (h), in the proposed section 20 (4.4) by deleting the text shown as struck out and adding the text shown as underlined:

(4.4) Limits or conditions imposed in accordance with subsection (2.1), (3), (4.2) or (4.3) may be different for different registrants within the a class of restricted registrants or provisional registrants, as the case may be. , .

SECTION 19 (j), by deleting the text shown as struck out and adding the text shown as underlined:

(j) by adding the following subsection:

(7) If the registration committee decides, under this section,

(a) to refuse a person’s application for registration, or

(b) to grant a person registration for a limited period or with limits or conditions imposed on the practice of the designated health profession by the person,

the registration committee must, within 15 30 days of making its decision, deliver written notice to the person respecting the decision and advising of the person’s right to apply for a review of the decision under section 50.54 or to appeal the decision to the Supreme Court, as applicable.

SECTION 20, by deleting the text shown as struck out and adding the text shown as underlined:

20 The following section is added:

Notice to applicant for certification

20.01 If a college has established one or more classes of certified non-registrants and the person or committee authorized under the bylaws of the college to certify persons as certified non-registrants refuses an application for certification, the person or committee must, within 15 30 days of making that decision, deliver written notice to the applicant respecting the decision and advising of the applicant’s right to request a review of the decision under section 50.54.

SECTION 22 (c), by deleting the text shown as struck out and adding the text shown as underlined:

(c) by repealing subsection (2) (a) and substituting the following:

(a) entering into agreements with one or more governing bodies respecting

(i) the interjurisdictional practice of the health professions,

(ii) the recognition of another governing body’s procedures for and results from the assessment and verification of the credentials, competencies or other qualifications of persons educated or trained in another province or a foreign jurisdiction,

(iii) the implementation of a trade agreement, as it relates to labour mobility, prescribed by the minister, andor

(iv) any other matter related to the labour mobility of health professionals; , and .

SECTION 23 (b), by deleting the text shown as struck out and adding the text shown as underlined:

(b) by adding the following subsection:

(1.2) If a board appoints a deputy registrar or deputy registrars under subsection (1), the board may, by bylaw, authorize the deputy registrar or deputy registrars to perform some or all of the duties and exercise some or all of the powers of the registrar set out in the bylaws, subject to any limits or conditions specified in the bylaws. , .

SECTION 35, by deleting the text shown as struck out and adding the text shown as underlined:

35 Section 34 is repealed and the following substituted:

Notice of disposition

34 If the inquiry committee disposes of a matter under section 32 (5) or 33 (6) (a) or (b), the inquiry committee must, within 1530 days of disposition, deliver to the complainant, if any, a written summary of the disposition advising the complainant of the right to apply for a review by the review board under section 50.6.

SECTION 37, by deleting the text shown as struck out and adding the text shown as underlined:

37 Section 36 (1.1) is repealed and the following substituted:

(1.1) If a consent or undertaking given under subsection (1) relates to a complaint made under section 32 (1), the inquiry committee must, within 15 30 days of the consent or undertaking being given, deliver to the complainant a written summary of the consent or undertaking advising the complainant of the right to apply for a review by the review board under section 50.6.

SECTION 38, by deleting the text shown as struck out and adding the text shown as underlined:

38 Section 37.1 is amended

(a) by repealing subsection (3) (a) and (b) and substituting the following:

(a) the inquiry committee must make an order consistent with the proposal, and the order is considered to be an order of the discipline committee made under section 39, and , and

(b) by repealing subsection (6) and substituting the following:

(6) If the inquiry committee accepts a proposal under subsection (5), it must make an order consistent with the proposal, the order is considered to be an order of the discipline committee made under section 39, and section 38 has no further application to the complaint or matter that is the subject of the hearing.

(6.1) Section 39 (3) (a) to (c) applies to an order made under this section as if the order had been made by the discipline committee.

SECTION 40, by adding the following paragraph:

(c.1) in subsection (9) (a) by adding “made under subsection (2)” after “stay the order”, .

SECTION 41, by deleting the text shown as struck out and adding the text shown as underlined:

41 The following sections are added:

Unprofessional conduct in another jurisdiction or while practising as a registrant of another college

39.1 (1) If the discipline committee learns that

(a) another college established under this Act or a body in another province or a foreign jurisdiction that regulates a health profession in that province or foreign jurisdiction has found, either before or after the registrant was registered under section 20, that the registrant committed an act that, in the opinion of the discipline committee, constitutes unprofessional conduct under this Act, or

(b) the registrant has admitted, either before or after the registrant was registered under section 20, to another college established under this Act or to a body in another province or a foreign jurisdiction that regulates a health profession in that province or foreign jurisdiction, that the registrant committed an act that, in the opinion of the discipline committee, constitutes unprofessional conduct under this Act,

the discipline committee may, without issuing a citation under section 37 or conducting a hearing under section 38, make an order under section 39 (2) respecting the registrant, and section 39 (3), (5) and (7) to (10) to (9) applies as if a determination had been made under section 39 (1) by the discipline committee.

(2) The discipline committee may take action under subsection (1) only after giving the registrant the following:

(a) notice of the proposed action, in accordance with the bylaws;

(b) a copy of the record of the relevant decision or findings made or action taken by the other college or body;

(3) For the purposes of this section, a certified copy of a record of the decision or findings made or action taken by the other college or body in respect of a registrant is proof, in the absence of evidence to the contrary, of the findings made or the action taken, without proof of the signature of the person purporting to have signed on behalf of that college or body.

Consideration of past action

39.2 (1) Before taking any action respecting a registrant under the following provisions, the registrar, inquiry committee or discipline committee may consider any action previously taken under Part 3 respecting the registrant:

(a) in the case of the registrar or the inquiry committee, section 32, 32.2 or 32.3;

(b) in the case of the inquiry committee, sections section 33 or sections 35 to 37.1;

(2) The registrar, inquiry committee or discipline committee may, in applying subsection (1), consider

(a) any action under Part 3 respecting the registrant that occurred or was recorded before the coming into force of this section, or

(b) any action, similar to an action that may be taken under Part 3, that was taken by the governing body for a health profession under a former enactment regulating the health profession.

Public notification

39.3 (1) Subject to subsection subsections (3) and (4), the inquiry committee or discipline committee, as the case may be, must direct the registrar to notify the public of the information set out in subsection (2) with respect to any of the following actions:

(a) an action taken under section 32.2 (4) (b), 32.3 (3) (b), 33 (2) or 35 (1);,

(b) a consent or undertaking given under section 36 (1) in relation to a serious matter;,

(d) a determination made under section 39 (1) (a) to (d), or;

(e) an order made under section 38 (8), 39 (2), (5), (8) or (9), 39.1 (1) or 44 (1) or (2).

(2) The following information must be included in the notification required under this section:

(a) the name of the registrant respecting whom or the health profession corporation respecting which the action was taken;

(b) a description of the action taken;

(3) In the following circumstances, theThe inquiry committee or discipline committee, as the case may be, must direct the registrar to withhold all or part of the information otherwise required to be included in the public notification under this section in the following circumstances:

(a) the inquiry committee or discipline committee considers it necessary to protect the interests of the complainant, if any, in the matter, or another person, other than the registrant, affected by the matter;

(b) the complainant, if any, in the matter, or another person, other than the registrant, affected by the matter, has requested that the notification not contain information that would tendcould reasonably be expected to identify the complainant or the other person.

(4) In the case of a determination made under section 39 (1) (e), the discipline committee must direct the registrar to notify the public in accordance with this section if the committee is satisfied that

(a) the interests of the complainant, if any, in the matter will not be prejudiced by public notification of the determination, and

(b) the public interest in public notification of the determination outweighs the privacy interests of the registrant respecting whom the determination was made.

(4) Subject to subsection (5), in the case of

(a) an admission by a registrant that he or she suffers from a condition described in section 33 (4) (e), or

(b) a determination made regarding a registrant under section 39 (1) (e), the inquiry committee or discipline committee, as the case may be, must direct the registrar to withhold all or part of the information otherwise required to be included in the public notification under this section if the information could reasonably be expected to identify the registrant or personal health information of the registrant respecting the condition.

(5) In the case of a determination made regarding a registrant under section 39 (1) (e), information respecting the registrant must not be withheld under subsection (4) unless the discipline committee is satisfied that the privacy interests of the registrant outweigh the public interest in public notification of the information.

(6) If information respecting a registrant is withheld under subsection (4), the public notification must indicate that information has been withheld.

(57) The notification required under this section may be made by posting a notice on the college website.

Funding for therapy and counselling

39.4 (1) A board must establish a program for its college to provide funding, in accordance with the regulations, for therapy and counselling for a person who has been psychologically or emotionally harmed as the result of professional misconduct by a registrant while the registrant was providing services to the person.

(2) A person is eligible for funding under subsection (1) only if

(a) the discipline committee has made a finding that the registrant committed professional misconduct with respect to the person while the registrant was providing services to that person, and

(b) the requirements prescribed by the minister are met.

SECTION 42, by deleting the text shown as struck out and adding the text shown as underlined:

42 Section 40 is amended

(a) in subsection (1) by adding “or 39.1” after “39” and by striking out “or the board may appeal”, and

(a) by repealing subsection (1) and substituting the following:

(1) A college, a respondent described in section 38 (2) or a registrant described in section 39.1 (1), aggrieved or adversely affected by an order of the discipline committee under section 39 or 39.1 (1), may appeal the order to the Supreme Court. , and

(b) by repealing subsections (4) to (6) and substituting the following:

(4) The petition commencing an appeal under this section must, within 14 days of its filing in the court registry, be served on

(a) the college, effected by service on the registrar, if the appellant is a respondent described in section 38 (2) or a registrant described in section 39 39.1 (1),

(b) the respondent or the registrant, if the appellant is the college, and

(5) Only the persons required to be served under subsection (4) (a) and (b) may be parties to an appeal.

SECTION 48, in the proposed section 50.53 (1) (c) by deleting the text shown as struck out and adding the text shown as underlined:

(c) on application by a complainant under section 50.6, to review a disposition of a complaint made by the inquiry committee under section 32 (3), or 33 (6) (a) to (c) or 37.1; .

SECTION 48, in the proposed section 50.54 (12) by deleting the text shown as struck out and adding the text shown as underlined:

(12) The review board must, no later than 15 30 days after making its order under subsection (9), deliver a copy of the order to the parties to the review.

SECTION 48, in the proposed section 50.55 (2), (4), (5) and (6) by deleting the text shown as struck out and adding the text shown as underlined:

(2) If a complaint made under section 32 (1) or an investigation by the inquiry committee under section 33 (4) has not been disposed of under section 32 (3) or 33 (6) within the period prescribed by the minister, the inquiry committee must, not later than 15 30 days after the expiry of the prescribed period, deliver written notice of that fact and an expected date of disposition to the following:

(a) the registrant under investigation;

(b) the complainant, if any.

(4) If the inquiry committee has not disposed of the complaint or the investigation by the expected date of disposition set out in the notice required under subsection (2), the inquiry committee must, not later than 15 30 days after that date, deliver written notice of and reasons for the delay, a new expected date of disposition and the right to apply for a review under section 50.57 to the following:

(a) the registrant;

(b) the complainant, if any;

(5) The new expected date of disposition referred to in subsection (4) must not be later than 30 45 days following the date of the expected date of disposition set out in the notice required under subsection (2).

(6) If the inquiry committee has not disposed of the complaint or the investigation by the new expected date of disposition set out in the notice required under subsection (4), the inquiry committee must, within 15 30 days after that date, deliver written notice to that effect to the following:

(a) the registrant;

(b) the complainant, if any;

SECTION 48, in the proposed section 50.57 (1) by deleting the text shown as struck out and adding the text shown as underlined:

(1) A registrant or any complainant may apply to the review board for review of a complaint or investigation described in section 50.53 (1) (b) no later than 15 30 days after the date on which the notice required under section 50.55 (6) is delivered to the registrant or complainant.

SECTION 48, in the proposed section 50.58 (2) by deleting the text shown as struck out and adding the text shown as underlined:

(2) The review board must, within 15 30 days of receipt of the application, deliver written notice of the action taken or to be taken by the review board with respect to the matter to

(a) the inquiry committee,

(b) the registrant, and

SECTION 48, in the proposed section 50.6 (9) by deleting the text shown as struck out and adding the text shown as underlined:

(9) The review board must, no later than 15 30 days after making an order under subsection (8), deliver a copy of the order to the parties to the review.

SECTION 59.1, by adding the following section under the “Health Professions Amendment Act, 2003” heading:

59.1 Section 17 of the Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57, as it enacts section 25.2 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by adding the following subsections:

(5.1) In the case of a suspension under subsection (3) or (5), section 39.3 applies as if

(a) the suspension were an action specified in section 39.3 (1), and

(b) the board were the inquiry committee.

(6.1) For the purpose of subsection (6) (b), sections 39 (2) (b) to (e), (3), (8) and (9), 39.3 and 40 apply as if the board were the discipline committee.

SECTION 60, by deleting the text shown as struck out:

60 Section 17 of the Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57, as it enacts section 25.5 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in subsection (1) (e) by adding “established under section 19 (1) (t)” after “committee”, and

(b) by repealing subsection (2).

SECTION 61.1, by adding the following section:

61.1 Section 17, as it enacts section 25.6 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in subsection (8) by striking out “section” and substituting “sections” and by striking out “applies” and substituting “and 39.3 apply”, and

(b) by adding the following subsections:

(5.1) In the case of an action taken under subsection (2) (c) or (4) (d) or (e), section 39.3 applies as if

(a) the action were an action specified in section 39.3 (1), and

(b) the registrar or executive committee, as the case may be, were the inquiry committee.

(6.1) If the executive committee orders under subsection (6) (b) that the inquiry committee cease an investigation under section 33,

(a) the order is considered to be a disposition, under section 33 (6) (b), by the inquiry committee of a complaint, and

(b) section 34 and Part 4.2 apply as if the executive committee were the inquiry committee.

(6.2) If the executive committee orders under subsection (6) (b) that the inquiry committee delay undertaking an investigation under section 33,

(a) the executive committee must, no later than 30 days after the order is made, deliver written notice of and written reasons for the delay to the complainant, and

(b) section 50.55 (2) to (6) does not apply.

(6.3) If an investigation is delayed in accordance with subsection (6) (b) and the inquiry committee does not dispose of the complaint within the time prescribed by the minister,

(a) section 50.53 (1) (b) applies as if the inquiry committee has not disposed of the complaint within the time required under section 50.55,

(b) the inquiry committee must, no later than 30 days after the expiry of the prescribed time, deliver to the complainant written notice that the complaint has not been disposed of, the reasons for the delay and the right to request a review under section 50.57,

(c) section 50.56 applies as if the date of expiry of the prescribed time were the new expected date of disposition which would have been set out in a notice otherwise required under section 50.55 (4), and

(d) section 50.57 (1) applies as if the date on which the notice under paragraph (b) is delivered to the complainant were the date by which a notice under section 50.55 (6) would otherwise have been required to have been delivered.

SECTION 67, by deleting the text shown as struck out and adding the text shown as underlined:

67 Section 34, as it enacts section 50.3 (2) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out “reserved action to a registrant” and substituting “restricted activity to a registrant, or the authorization of a registrant to perform a restricted activity under the supervision of a registrant,”.repealed and the following substituted:

(2) A registrant of a college may only

(a) delegate a restricted activity to a registrant of another college, or

(b) authorize a registrant of another college to perform a restricted activity under the supervision of the authorizing registrant or another registrant of the authorizing registrant’s college

if the delegation or authorization is made in accordance with the bylaws of the other college. , .

SECTION 71 (b), by adding the text shown as underlined:

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

(b) fulfilling the conditions or requirements for registration as a member of a college whose registrants are authorized by a regulation under section 12 to perform the restricted activity, and the restricted activity is performed under the supervision of a registrant of a college specified for the purposes of this paragraph by the board for the college for which the person is fulfilling the conditions or requirements for registration, or .

SECTION 72, by deleting the text shown as struck out and adding the text shown as underlined:

72 Section 37, as it enacts section 52.1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

Restriction on use of terms

52.1 (1) A person who provides a service described in, or whose work is described by, the definition of “health profession” in section 1 must not use any of the following in association with or as part of a title describing the person’s work or in association with a description of the person’s work, unless that person is a registrant of a college and uses that term in accordance with any regulations of the minister and any bylaws of the college:

(a) the term “regulated”, “registered”, “licensed” or “certified”;

(b) an abbreviation of a term set out in paragraph (a);

(2) Subject to section 12.1 (3) and despite subsection (1) of this section, a person’s use of a term, abbreviation or equivalent referred to in subsection (1) in association with or as part of a title describing the person’s work or in association with a description of the person’s work is not a contravention of subsection (1) if

(a) the person is a member of an organization or a class of persons specified in a regulation of the minister and uses the term, abbreviation or equivalent in accordance with any limits or conditions specified in the regulation, or

(b) the person is authorized by a body in another province or a foreign jurisdiction, that regulates a health profession in that other province or foreign jurisdiction, to use the term, abbreviation or equivalent in association with or as part of a title to indicate membership in that body and, in using the term, indicates

(i) whether the person is authorized to practise the health profession in the other province or foreign jurisdiction, and

(ii) the name of the other province or foreign jurisdiction.

(3) A person using a term, abbreviation or equivalent as described in subsection (2) (b) may use the term, abbreviation or equivalent only for the purpose of indicating whether the person is authorized to practise the health profession in the other province or foreign jurisdiction.

(34) A regulation under subsection (2) (a) may prescribe limits or conditions on the use of a term, an abbreviation of a term, or an equivalent of a term in another language, as referred to in subsection (1).

26 The Hon. G. Abbott to move, in Committee of the Whole on Bill (No. 26) intituled Health Statutes Amendment Act, 2008 to amend as follows:

SECTION 11, by deleting the text shown as struck out and adding the text shown as underlined:

11 Section 49 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed and the following substituted:

Duty to keep information confidential

49 (1) In this section, “person engaged in the administration of this Act” includes the following persons:

(a) each member or former member of the commission;

(b) each former member of the Medical and Health Care Services Appeal Board;

(d) each inspector or former inspector appointed under this Act;

(e) each member or former member of an advisory committee;

(f) any person engaged or previously engaged in the administration of this Act.

(2) A person engaged in the administration of this Act must keep confidential matters respecting an individual beneficiary or practitioner that come to his or her knowledge in the course of his or her employment or duties, and must not communicate any of those matters except as follows:

(a) in the course of the administration of this Act or another Act or program administered by the minister;

(b) to communicate prescribed information to a person who

(i) is a beneficiary and is, or whose personal information is, identified in a hearing under section 15 or 37,

(ii) provides information to the commission that leads to an audit or inspection under section 36, or to a determination that no audit or inspection is required under that section, or

(iii) provides information to the commission that leads to an application for an injunction under section 45.1, or to a determination that no injunction is required under that section;

(i) a notice of hearing under section 15 or 37,

(ii) an audit or inspection under section 36, or

(iii) an application for an injunction under section 45.1, and if, in the opinion of the minister or the chair, there is a compelling public interest in the disclosure of that information;

(d) in accordance with section 33.2 (i) of the Freedom of Information and Protection of Privacy Act;

(ed) for a purpose listed in section 5 or 18 of the E-Health (Personal Health Information Access and Protection of Privacy) Act.

32 The Hon. C. Hansen to move, in Committee of the Whole on Bill (No. 32) intituled Trade, Investment and Labour Mobility Agreement Implementation Act to amend as follows:

SECTION 50, by deleting the section and substituting the following:

50 Section 11 of the Employee Investment Act, R.S.B.C. 1996, c. 112, is repealed and the following substituted:

Permanent establishment

11 (1) In this section, “permanent establishment” has the same meaning as in the Income Tax Act.

(2) An employee venture capital corporation must establish a permanent establishment in Canada within 30 days after being registered and must afterward maintain a permanent establishment in Canada.

(3) An employee venture capital corporation

(a) may establish and maintain only one permanent establishment in Canada, and

(b) must not establish or maintain a permanent establishment outside of Canada.

SECTION 76, by deleting the section and substituting the following:

Permanent establishment

76 Section 5 of the Small Business Venture Capital Act, R.S.B.C. 1996, c. 429, is repealed and the following substituted:

5 (1) In this section, “permanent establishment” has the same meaning as in the Income Tax Act.

(2) A venture capital corporation must establish a permanent establishment in Canada within 30 days after being registered and must afterward maintain a permanent establishment in Canada.

(3) A venture capital corporation

(a) may establish and maintain only one permanent establishment in Canada, and

(b) must not establish or maintain a permanent establishment outside of Canada.

33 The Hon. R. Coleman to move, in Committee of the Whole on Bill (No. 33) intituled Miscellaneous Statutes Amendment Act, 2008 to amend as follows:

SECTION 23, by deleting the text shown as struck out and adding the text shown as underlined:

Minor amendments to range use and range stewardship plans

40 (1) Despite section 37 (1) or (1.1) and unless otherwise prescribed, an approval is not required to amend a range use plan or range stewardship plan if its holder determines that

(a) the proposed amendment

(i) to a range use plan

(A) conforms to section 33 or 34, whichever is applicable, and

(B) does not materially change the strategies specified in the plan, or

(ii) to a range stewardship plan

(A) conforms to section 35, and

(B) does not materially change

(I) the strategiesactions specified in the plan to deal with the issues identified by the minister under section 45.2, or

(II) the intended results or strategies specified in the plan, or

(b) the proposed amendment conforms to prescribed requirements.

(2) The holder of a range use plan or a range stewardship plan must provide the district manager with a copy of the amendment as soon as practicable after it has been incorporated in the plan.

(3) The minister may take action in accordance with the regulations if he or she considers that the decision under subsection (1) was wrongly made.

SECTION 24, by deleting the text shown as struck out and adding the text shown as underlined:

Compliance with plans

45.1 (1) The holder of a range use plan must ensure that the strategies describedactions specified in the plan are carried out.

(2) The holder of a range stewardship plan must ensure that the

(a) actions specified in the plan are carried out, and

(b) intended results specified in the plan are achieved and the strategies described in the plan are carried out.

(3) Despite the expiry of a range use plan or a range stewardship plan, subsection (1) or (2) continues to apply to the holder of the expired plan if, in relation to any action, result, strategy or other provision of the plan that was in effect immediately before the expiry of the plan, there is no provision in another plan, applicable to that holder for the same area to which the expired plan applied, that is identified as being a replacement for the action, result, strategy or other provision.

(4) For the purpose of the continued application of subsection (1) or (2) required by subsection (3), a range use plan or a range stewardship plan may be amended as if unexpired.

43 The Hon. W. Oppal to move, in Committee of the Whole on Bill (No. 43) intituled Miscellaneous Statutes Amendment Act (No. 2), 2008 to amend as follows:

SECTION 147, by adding the following item to the table:

Item	Column 1 Provisions of Act	Column 2 Commencement
5.1	Section 32	By regulation of the Lieutenant Governor in Council

ORDERS OF THE DAY

committee of supply

Report of Resolutions passed in Committee of Supply

SECTION A: March 11th, 13th; April 8th, 10th, 14th, 17th, 29th, 30th; May 1st, 6th, 8th, 13th, 14th, 15th, 23rd.

Outstanding Summaries of Estimates — Section A

Ministry of Aboriginal Relations and Reconciliation.

Ministry of Advanced Education.

Ministry of Agriculture and Lands.

Ministry of Attorney General.

Ministry of Children and Family Development.

Ministry of Community Services.

Ministry of Economic Development.

Ministry of Education.

Ministry of Employment and Income Assistance.

Ministry of Energy, Mines and Petroleum Resources.

Ministry of Environment.

Ministry of Finance.

Ministry of Forests and Range.

Ministry of Labour and Citizens’ Services.

Ministry of Small Business and Revenue.

Ministry of Tourism, Sport and the Arts.

Ministry of Transportation.

PRIVATE MEMBERS’ TIME

(Monday morning only) (See Schedule D)

PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE

COMMITTEE

Committee —

Bill (No. 18) intituled Greenhouse Gas Reduction (Cap and Trade) Act, PRINTED. Hon. Minister of Environment and Minister Responsible for Water Stewardship and Sustainable Communities. (Section 6.)

Committee —

Bill (No. 20) intituled Oil and Gas Activities Act, PRINTED. Hon. Minister of Energy, Mines and Petroleum Resources.

Committee —

Bill (No. 21) intituled Medicare Protection Amendment Act, 2008, PRINTED. Hon. Minister of Health.

Committee —

Bill (No. 22) intituled Health Care Costs Recovery Act, PRINTED. Hon. Minister of Health.

Committee —

Bill (No. 23) intituled Public Health Act, PRINTED. Hon. Minister of Health.

Committee —

Bill (No. 25) intituled Health Professions (Regulatory Reform) Amendment Act, 2008, PRINTED. Hon. Minister of Health.

Committee —

Bill (No. 29) intituled Environmental (Species and Public Protection) Statutes Amendment Act, 2008, PRINTED. Hon. Minister of Environment.

Committee —

Bill (No. 33) intituled Miscellaneous Statutes Amendment Act, 2008, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism. (Sections 14 – 28 stood down.)

Committee —

Bill (No. 43) intituled Miscellaneous Statutes Amendment Act (No. 2), 2008, PRINTED. Hon. Attorney General and Minister Responsible for Multiculturalism.