HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 — Agriculture and Lands Amendments

Animal Disease Control Act

1 The definition of "livestock dealer" in section 1 of the Animal Disease Control Act, R.S.B.C. 1996, c. 14, is amended by striking out "a resident of British Columbia" and substituting "a resident of British Columbia or Alberta".

Land Surveyors Act

2 Section 6 of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is amended

(a) in subsection (2) by striking out "and" at the end of paragraph (c), by adding "and" at the end of paragraph (d) and by adding the following paragraph:

(e) the persons appointed under subsection (9). , and

(b) by adding the following subsection:

(9) The Lieutenant Governor in Council may appoint up to 2 board members who are not members of the association and who, subject to subsection (3) (b), serve for a 2 year term.

3 Section 51 is amended

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

(b) the majority of the voting shares of the company are legally and beneficially owned by one or more practising land surveyors or by one or more companies the majority of whose voting shares are legally and beneficially owned by one or more practising land surveyors,

(d) a majority of the directors of the company are practising land surveyors, and , and

(b) by repealing subsection (1.1).

Livestock Identification Act

4 The definition of "livestock dealer" in section 1 of the Livestock Identification Act, R.S.B.C. 1996, c. 271, is amended by striking out "who resides in British Columbia" and substituting "who resides in British Columbia or Alberta".

Part 2 — Attorney General Amendment

Election Act

5 Section 199 (2) of the Election Act, R.S.B.C. 1996, c. 106, is amended by striking out "a general election" and substituting "an election".

Part 3 — Energy, Mines and Petroleum Resources Amendments

Hydro and Power Authority Act

6 Sections 14 and 15 of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, are repealed.

 
Transitional Provision

Transition — Hydro and Power Authority Act

7  After the repeal of sections 14 and 15 of the Hydro and Power Authority Act comes into force, section 15 of that Act does not apply to any tenders that,

(a) before the repeal, were invited by the authority under section 14 of that Act and were received by the authority, and

(b) at the time of the repeal, were not yet opened in accordance with section 15 of that Act.

Part 4 — Forests and Range Amendments

Forest Act

8 Section 8 of the Forest Act, R.S.B.C. 1996, c. 157, is amended

(a) in subsections (1), (2) (c) and (d) and (3) by striking out "5 years" and substituting "10 years", and

(b) in subsection (3.1) (a) by striking out "10 years" and substituting "15 years".

9 Section 106 is repealed and the following substituted:

Cruise instead of scale

106  The amount of stumpage payable on Crown timber

(a) may, with the approval of the minister, or

(b) must, in the circumstances provided for in the policies and procedures referred to in section 105 (1) (c),

be calculated using the information provided by a cruise of the timber conducted before the timber is cut, instead of the volume reported in a scale of the timber made under Part 6.

10 Section 128 (2) is repealed and the following substituted:

(2) On receiving an application in the form required by the minister, the minister may exempt from section 127

(a) a volume of timber that has been harvested, not exceeding 15 000 m³ for each application, and

(b) a volume of wood residue, not exceeding 5 000 bone dry units for each application.

11 Section 151.3 (4) is repealed and the following substituted:

(4) This section may be repealed by regulation of the Lieutenant Governor in Council.

Forestry Revitalization Act

12 Section 3 (5) (a) of the Forestry Revitalization Act, S.B.C. 2003, c. 17, is amended

(a) in subparagraph (i) by striking out "or",

(b) in subparagraph (ii) by striking out "subsection (1), (1.1) or (4)" and substituting "subsection (1) or (1.1), or", and

(c) by adding the following subparagraph:

(iii) at any time, if it is an order referred to in subsection (4), .

13 Section 6 is amended by adding the following subsection:

(4.1) Subsection (4) also applies to a holder of a tree farm licence that is subject to a deletion of Crown land from the tree farm licence area under section 39.1 of the Forest Act, if the deletion

(a) is in respect of a reduction of allowable annual cut under section 3 (3) of this Act, and

(b) is made before the date this subsection comes into force.

Part 5 — Healthy Living and Sport Amendment

Community Care and Assisted Living Act

14 Section 20 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is repealed and the following substituted:

Certain laws not to apply

20  (1) This section applies to a community care facility

(a) for which a licence has been issued,

(b) that is being, or is to be, used

(i) as a day care for no more than 8 persons in care, or

(ii) as a residence for no more than 10 persons, not more than 6 of whom are persons in care,

(c) from which, in the event of a fire, persons in care can safely exit unaided or be removed by its staff, and

(d) that complies with all enactments of British Columbia and the municipality where the community care facility is located that relate to fire and health respecting a single family dwelling house.

(2) A provision in an enactment of British Columbia, other than this Act, or of a municipality, does not apply to a community care facility described in subsection (1) if that provision would

(a) limit the number of persons in care who may be accepted or accommodated at the community care facility,

(b) limit the types of care that may be provided to persons in care at the community care facility, or

(c) 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.

Part 6 — Housing and Social Development Amendments

Community Living Authority Act

15 Section 5 (2), (3) and (4) of the Community Living Authority Act, S.B.C. 2004, c. 60, is repealed.

16 Section 6 is amended

(a) in subsection (2) (b) by striking out "but subject to section 5 (2), (3) and (4),", and

(b) in subsection (2) (b) (i) by adding "of this section" after "or subsection (2) (a)".

Homeowner Protection Act

17 Section 2 (2) of the Homeowner Protection Act, S.B.C. 1998, c. 31, is repealed and the following substituted:

(2) A further purpose of this Act is the administration of the program in accordance with Part 9.

18 Section 10 (1) is amended by striking out "fees required to be paid" and substituting "fees, including assessments under section 26 and interest owing on them, required to be paid".

19 Section 20 (1) (b) is amended by striking out "prescribed fee." and substituting "prescribed fees."

20 Section 27 (1) is repealed and the following substituted:

(1) Despite the purpose of the program as set out in section 24, the chief executive officer may

(a) approve an application of an eligible homeowner to the program for financial assistance for home reconstruction only if the application was received by the office on or before July 31, 2009, and

(b) authorize payment out of the program to provide financial assistance for an eligible homeowner only if the application was received by the office on or before July 31, 2009.

(1.1) An application to the program for financial assistance for home reconstruction that is received by the office after July 31, 2009 is conclusively deemed not to have been made or received.

21 Section 32 (2) (j) and (j.1) is amended by striking out "forward to the office" and substituting "forward to the registrar".

Part 7 — Public Safety and Solicitor General Amendments

Criminal Records Review Act

22 Section 1 of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended

(a) in the definition of "conviction" by striking out "relevant offence" in both places and substituting "relevant offence or specified offence",

(b) by repealing the definition of "education program" and substituting the following:

"education program" means an education program, offered by an education institution,

(a) that includes a practicum component involving work with children or work with vulnerable adults, and

(b) the successful completion of which is a requirement for

(i) registration as a member of a governing body designated by regulation,

(ii) authorization under the Independent School Act to provide the services of a teacher, or

(iii) issuance of a diploma or certificate by the education institution; ,

(c) in paragraph (d) of the definition of "employer" by adding "or provides funding to" after "operates", by striking out "or" at the end of subparagraph (ii), by adding "or" at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) a private hospital as defined in section 5 of the Hospital Act, ,

(d) in the definition of "employer" by striking out "or" at the end of paragraph (i) and by adding the following paragraph:

(i.1) a registrant as defined in section 1 of the Community Care and Assisted Living Act, or ,

(e) in the definition of "outstanding charge" by adding "or Schedule 3" after "Schedule 1", and

(f) by adding the following definitions:

"specified offence" means

(a) a relevant offence,

(b) a provision designated in Schedule 3 as a specified offence, including a predecessor to that provision, and

(c) an offence in a jurisdiction outside Canada that is, in the opinion of the registrar, similar to an offence referred to in paragraph (b);

"vulnerable adult" means an individual 19 years or older who receives health services, other than acute care, from a hospital, facility, unit, society, service, holder or registrant referred to in paragraph (d), (h.1), (i) or (i.1) of the definition of "employer";

"work with vulnerable adults" means working with vulnerable adults directly or having or potentially having unsupervised access to vulnerable adults

(a) in the ordinary course of employment,

(b) in the practice of an occupation, or

(c) during the course of an education program.

23 Section 2 is amended

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

(1) The purposes of this Act are to help prevent

(a) the physical and sexual abuse of children, and

(b) the physical, sexual and financial abuse of vulnerable adults

by requiring individuals to whom this Act applies to undergo criminal record checks. , and

(b) in subsection (2) by adding "or work with vulnerable adults" after "work with children".

24 Section 4 is amended

(a) in subsection (2) by striking out "relevant offence" wherever it appears and substituting "relevant offence or specified offence",

(b) in subsection (2) (a) by adding "or a risk of physical, sexual or financial abuse to vulnerable adults" after "abuse to children", and

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

(a) whether the behaviour associated with

(i) the relevant offence would, if repeated, pose a threat of physical or sexual abuse to children, or

(ii) the specified offence would, if repeated, pose a threat of physical, sexual or financial abuse to vulnerable adults; .

25 Section 5 (6) (b) is amended by adding "or does not pose a threat of physical, sexual or financial abuse to vulnerable adults" after "abuse to children".

26 Section 6 (1) is amended by adding the following paragraph:

(f) the commissioner of the provincial police force and a chief constable as defined in section 1 of the Police Act.

27 Section 7 (2) (a) is amended by striking out "or" at the end of subparagraph (i) and by adding the following subparagraph:

(i.1) under Part 4.1 as a registered student, or .

28 Section 8 is amended

(a) in subsection (1) by adding "or work with vulnerable adults" after "work with children" and by adding "or works with vulnerable adults" after "works with children", and

(b) in subsection (3) by adding "or working with vulnerable adults" after "working with children".

29 Section 9 (1) and (2) is amended by adding "or working with vulnerable adults" after "working with children".

30 Section 10 is amended

(a) in subsection (1) by adding "or works with vulnerable adults" after "works with children", and

(b) in subsection (2) (a) and (b) by adding "or work with vulnerable adults" after "work with children".

31 The following section is added:

Effect of finding of risk — working with vulnerable adults

11.1  If the deputy registrar determines that an outstanding charge or conviction indicates that the individual presents a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5,

(a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with vulnerable adults, or

(b) if the individual is an employee, the employer must ensure that the employee does not work with vulnerable adults.

32 Section 12 is amended

(a) in subsection (1) by adding "or works with vulnerable adults" after "works with children", and

(b) by repealing subsection (2) and substituting the following:

(2) When an employer becomes aware that

(a) an employee who works with children has an outstanding charge for, or has been convicted of, a relevant offence, or

(b) an employee who works with vulnerable adults has an outstanding charge for, or has been convicted of, a specified offence,

the employer must require the employee to provide a criminal record check authorization for a further criminal record check.

33 Section 15 (2) (a) is amended by adding "or work with vulnerable adults" after "work with children".

34 Section 16 is amended

(a) in subsection (1) by adding "or a risk of physical, sexual or financial abuse to vulnerable adults" after "abuse to children",

(b) in subsection (2) by adding "and that the action is with respect to a risk to children or to vulnerable adults, whichever is applicable" after "under subsection (1)", and

(c) by repealing subsection (3) and substituting the following:

(3) An employer who is notified under subsection (2) must ensure that the employee does not

(a) work with children, if the notification indicates that an action is being taken with respect to a risk to children, or

(b) work with vulnerable adults, if the notification indicates that an action is being taken with respect to a risk to vulnerable adults.

35 Section 17 is amended

(a) in subsections (1) and (2) by striking out "relevant offence" and substituting "relevant offence or a specified offence",

(b) in subsection (3) by adding "and that the action is with respect to a risk to children or to vulnerable adults, whichever is applicable" after "under subsection (2)", and

(c) by repealing subsection (4) and substituting the following:

(4) An employer who is notified under subsection (3) must ensure that the employee does not

(a) work with children, if the notification indicates that an action is being taken with respect to a risk to children, or

(b) work with vulnerable adults, if the notification indicates that an action is being taken with respect to a risk to vulnerable adults

until the employee has provided a criminal record check authorization for a further criminal record check under subsection (1) or (2).

36 Section 17.1 (1) is amended by adding "or work with vulnerable adults" after "work with children".

37 Section 17.2 is amended

(a) in subsection (1) by adding "or working with vulnerable adults" after "working with children", and

(b) in subsection (2) by adding "or work with vulnerable adults" after "work with children".

38 The following section is added:

Effect of finding of risk — working with vulnerable adults

17.31  If the deputy registrar determines that an outstanding charge or a conviction indicates that a registered student presents a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5, the education institution must ensure that the registered student does not work with vulnerable adults as a registered student.

39 Section 17.4 (1) and (2) is amended by adding "or works with vulnerable adults" after "works with children" and by striking out "relevant offence" and substituting "relevant offence or specified offence".

40 Section 28 (1) is amended by adding "11.1 (a) or (b)," after "11 (a) or (b)," and by adding "17.31," after "17.3,".

41 Section 29 (2) is amended by adding the following paragraph:

(c.1) adding provisions to and removing provisions from Schedule 3; .

42 The following schedule is added:

Schedule 3

(Section 1, definition of "specified offence")

Specified Offences

1 The following sections of the Criminal Code (Canada) are designated as specified offences:

 
Validation Provision

Validation of fees — Motor Dealer Act

43  (1) Despite section 24.4 of the Motor Dealer Act, the fees set by the Motor Dealer Council of British Columbia between April 1, 2004 and the date this section comes into force for matters required under that authority's administration that would have been validly set had the authority set those fees in accordance with section 24.4 (2) of the Motor Dealer Act are conclusively deemed to have been validly set, and all fees collected by the authority are conclusively deemed to have been validly collected.

(2) Section 24.4 (2) of the Motor Dealer Act does not apply to the Motor Dealer Council of British Columbia until June 30, 2010.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Part 8 — Transportation and Infrastructure Amendment

Transportation Investment Act

44 Section 4 (1) (c) of the Transportation Investment Act, S.B.C. 2002, c. 65, is amended by striking out "specified vehicles or specified classes of vehicles" and substituting "specified persons or vehicles or classes of persons or vehicles".

Commencement

45  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: