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

Part 1 – Attorney General Amendments

Adult Guardianship and Planning Statutes Amendment Act, 2007

1 Section 1 (k) of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, as it enacts the definition of "power of attorney" in section 1 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is repealed and the following substituted:

"power of attorney" means a power of attorney other than an enduring power of attorney; .

2 Section 4, as it enacts section 17 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is amended

(a) by repealing subsection (8) and substituting the following:

(8) Subject to subsection (9), a person having custody or control of property belonging to an adult must deliver the property promptly, on request of the adult's property guardian, to the property guardian. , and

(b) in subsection (9) by adding "or notary public" after "instructions to a lawyer".

3 Section 29, as it enacts section 19.3 (1) of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended by repealing paragraphs (a) and (b) and substituting the following:

(a) section 19.7 of this Act does not apply in respect of any instruction in the advance directive that relates to a matter over which the adult's representative has decision-making authority, and

(b) for the purposes of section 16 of the Representation Agreement Act the instruction referred to in paragraph (a) of this subsection is to be treated as the wishes of the adult, expressed while capable.

4 Section 29, as it enacts section 19.5 (4) and (5) (a) of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended by striking out "a practising member of the Law Society of British Columbia or a member" and substituting "a lawyer or a member in good standing".

5 Section 34 is repealed and the following substituted:

34 The Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by adding the following heading before section 1:

Part 1 – Agency and Other Matters .

6 Section 36 is repealed.

7 Section 38, as it enacts section 16 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended

(a) in subsection (4) by striking out "is a practising member of the Law Society of British Columbia or a member" and substituting "is a lawyer or a member in good standing", and

(b) in subsection (6), as amended by section 3 of the Miscellaneous Statutes Amendment Act, 2008, S.B.C. 2008, c. 30, by repealing paragraph (b) and substituting the following:

(b) a spouse, child or parent of a person named in the enduring power of attorney as an attorney;

(b.1) an employee or agent of a person named in the enduring power of attorney as an attorney, unless the person named as an attorney is

(i) a lawyer,

(ii) a member in good standing of the Society of Notaries Public of British Columbia,

(iii) the Public Guardian and Trustee, or

(iv) a financial institution authorized to carry on trust business under the Financial Institutions Act; .

8 Section 38, as it enacts section 17 (3) of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is repealed and the following substituted:

(3) Section 16 (4) and (6) applies to witnesses of an attorney's signature and, for this purpose, the reference in section 16 (6) to the adult is to be read as a reference to the attorney.

9 Section 38, as it enacts section 20 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by adding the following subsections:

(6) Subject to subsection (7), a person having custody or control of property belonging to an adult must deliver the property promptly, on request of the adult's attorney, to the attorney.

(7) A person must not deliver, to an adult's attorney, a will made by the adult if the adult has given instructions to a lawyer or notary public who holds the adult's will, or the will contains instructions, prohibiting delivery of the will to the attorney.

10 Section 47, as it enacts section 9 (1) (b) of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended by adding "in relation to the personal care or health care of the adult" after "do one or more things".

11 Section 52 (b), as it amends section 13 of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended

(a) in subsection (3.02) by striking out "is a practising member of the Law Society of British Columbia or a member" and substituting "is a lawyer or a member in good standing", and

(b) by repealing subsection (5) (b) and substituting the following:

(b) a spouse, child or parent of a person named in the representation agreement as a representative or an alternative representative;

(b.1) an employee or agent of a person named in the representation agreement as a representative or alternative representative, unless the person named as a representative or an alternative representative is

(i) a lawyer,

(ii) a member in good standing of the Society of Notaries Public of British Columbia,

(iii) the Public Guardian and Trustee, or

(iv) a financial institution authorized to carry on trust business under the Financial Institutions Act; .

12 Section 64 (b), as it enacts section 42 (4) of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended by striking out "and" at the end of paragraph (d), by adding "and" at the end of paragraph (e) and by adding the following paragraph:

(f) deeming extrajurisdictional representation agreements to be agreements made under section 7 or 9 of this Act.

13 Section 70 (a), as it enacts paragraph (d) of the definition of "personal representative" in section 18 (1) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is repealed and the following substituted:

(d) an attorney acting under a power of attorney; .

14 Section 85, as it enacts the definition of "power of attorney" in section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed.

15 Section 105 (b), as it enacts the definition of power of attorney" in section 1 of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is repealed and the following substituted:

"power of attorney" means a power of attorney other than an enduring power of attorney; .

Family Maintenance Enforcement Act

16 The Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended by adding the following section:

Change of address

9.1  (1) A debtor or creditor whose address changes must promptly file with the director, in the form and in the manner required by the director, a notice of the change of address.

(2) If a debtor or creditor does not file a notice under subsection (1), the director

(a) is not required to take any steps to determine the debtor's or creditor's current address, and

(b) despite any other provision under this Act, may proceed with any enforcement or other action under this Act without notice.

17 Section 14.4 (9) is repealed and the following substituted:

(9) The amount of a debtor's liability under subsection (4) is a debt due to the government and may be recovered through any enforcement procedure under this Act as if the debt were payable under an order of the court.

18 Section 15 is amended

(a) by repealing subsection (2),

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

(b) within 5 days after each amount is deducted in accordance with the notice of attachment, remit the amount deducted to the director in the manner specified in the notice of attachment. , and

(c) in subsection (8) by striking out "to the person specified in" and substituting "in accordance with".

19 Section 17 (2) is amended by striking out "Sections 15 (2) to (8.1)" and substituting "Sections 15 (3) to (8.1)".

20 Section 26 (1) is amended

(a) by striking out "is accompanied by" and substituting "is accompanied by,", and

(b) by repealing paragraphs (a) and (b) and substituting the following:

(a) if registration is by the director, a copy of the maintenance order, or

(b) in any other case, a copy of the maintenance order certified by a proper officer of the court.

21 Section 43 (1) (c) (i) is amended by adding "and enforcement" after "administration".

Land Title Act

22 The heading to Part 6 of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:

Part 6 — Powers of Attorney .

23 Section 51 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(a) in subsection (3) by striking out "A person who is appointed" and substituting "Subject to subsection (3.1), a person who is appointed", and

(b) by adding the following subsections:

(3.1) In the case of an enduring power of attorney, a person who is appointed an attorney for the execution of an instrument tendered for registration must have reached 19 years of age at the time of registration, and proof of that fact must be given to the registrar at the time the enduring power of attorney is filed.

(7) If a person changes an enduring power of attorney in accordance with section 28 of the Power of Attorney Act,

(a) the changed enduring power of attorney must be filed in the same manner as an original power of attorney under subsection (1) of this section,

(b) the execution of the change must be witnessed or proved in the manner required for instruments by Part 5 of this Act,

(c) subsection (4) applies to a copy of a change to an enduring power of attorney as it applies to a copy of a power of attorney, and

(d) subsection (5) applies to a change to an enduring power of attorney as it applies to a power of attorney.

24 Section 53 is amended by adding the following subsection:

(3) If a person changes an enduring power of attorney in accordance with section 28 of the Power of Attorney Act and the changed enduring power of attorney, or a certified copy of it, is filed in the land title office in accordance with section 51 (7) of this Act, the registrar must endorse on the changed enduring power of attorney, or a certified copy of it,

(a) the serial number of the original enduring power of attorney, and

(b) the date and time that the changed enduring power of attorney was filed.

25 Section 54 is amended by renumbering the section as section 54 (1) and by adding the following subsection:

(2) The execution by a principal of a change to an enduring power of attorney, made in accordance with section 28 of the Power of Attorney Act, does not for the purpose of this Act revoke the appointment of an attorney made by that principal under the original enduring power of attorney, unless

(a) the changed enduring power of attorney expressly revokes in whole or in part the original enduring power of attorney, and

(b) section 57 of this Act is complied with.

Miscellaneous Statutes Amendment Act, 2009

26 Section 99 of the Miscellaneous Statutes Amendment Act, 2009, S.B.C. 2009, c. 22, is amended

(a) in Column 2 of Item 5 by adding "as it enacts the definition of "personal guardian"," before "comes into force", and

(b) in Column 2 of Items 9 and 12 by adding "as it enacts the definition of "health care provider"," before "comes into force".

Miscellaneous Statutes Amendment Act (No. 2), 2010

27 Section 163 (b) of the Miscellaneous Statutes Amendment Act (No. 2), 2010, S.B.C. 2010, c. 6, is repealed and the following substituted:

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

(b) an attorney acting under a power of attorney; , and .

Patients Property Act

28 Section 19.1 (1) (b) of the Patients Property Act, R.S.B.C. 1996, c. 349, is amended by striking out "unless the representation agreement is one referred to in section 19.2 (1) (b)".

29 Sections 19.2 and 20 are repealed.

Power of Attorney Act

30 Section 2 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by adding the following subsection:

(0.1) This Part does not apply to an enduring power of attorney under Part 2.

Representation Agreement Act

31 Section 26 of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended by adding the following subsection:

(1.2) Subsection (1) (c) does not apply if

(a) the representative or alternate representative is the Public Guardian and Trustee, and

(b) the remuneration is in accordance with a regulation made under the Public Guardian and Trustee Act.

32 Section 42 (3) is repealed and the following substituted:

(3) The minister may publish one or more forms of representation agreement, but their use is optional.

Part 2 – Energy and Mines Amendments

Clean Energy Act

33 The Clean Energy Act, S.B.C. 2010, c. 22, is amended by adding the following section:

Improvement financing

17.1  (1) In this section:

"borrower" means an eligible person who receives financing under a financing agreement and includes a person to whom obligations are transferred as described in subsection (4) (a) or (6);

"eligible person" means a person who

(a) receives or will receive service in British Columbia from a prescribed public utility,

(b) has obtained an energy report from a qualified energy advisor, and

(c) meets the prescribed requirements, if any;

"energy report" means a report that

(a) is made and signed by a qualified energy advisor,

(b) evaluates the energy efficiency of a building, or a part of a building, owned or occupied by an eligible person,

(c) includes recommendations by the qualified energy advisor for improving the energy efficiency of the building, or the part of the building, referred to in paragraph (b), and

(d) meets the other prescribed requirements, if any;

"financing agreement" means an agreement entered into as a result of an offer made under the program;

"landlord" means a landlord as defined in

(a) the Residential Tenancy Act, and

(b) the Commercial Tenancy Act;

"program" means a program established under subsection (2);

"qualified person" means a person who meets the prescribed qualifications;

"qualified energy advisor" means an energy advisor who meets the prescribed qualifications;

"tenant" means a tenant as defined in

(a) the Residential Tenancy Act, and

(b) the Commercial Tenancy Act.

(2) A prescribed public utility must establish and maintain a program to offer financing to eligible persons for improving the energy efficiency of a building, or a part of a building, owned or occupied by a borrower.

(3) Subject to subsection (4), a prescribed public utility may establish, in accordance with the prescribed requirements, if any, the criteria, terms and conditions on which offers under the program are to be made.

(4) A financing agreement must include the following terms:

(a) a borrower may transfer the borrower's obligations under a financing agreement to another person who has applied for service from the prescribed public utility at the building, or the part of the building, that is the subject of the financing agreement;

(b) a borrower's obligations under the borrower's financing agreement are not discharged until

(i) the full amount payable under the financing agreement has been paid,

(ii) the borrower has provided to the prescribed public utility a notice, in a form prescribed by the minister, of a transfer referred to in paragraph (a) or subsection (6), or

(iii) the obligations have been transferred under subsection (6) (a) or (b);

(c) a borrower who is a tenant must,

(i) before entering into the financing agreement, obtain written consent from the tenant's landlord to enter into the financing agreement, and

(ii) before obtaining the consent referred to in subparagraph (i), notify the landlord of the operation of subsection (6);

(d) an improvement financed under the financing agreement must be

(i) an improvement that is

(A) recommended in the energy report respecting the building, or the part of the building, owned or occupied by the borrower, and

(B) in a class of prescribed improvements, and

(ii) carried out by a qualified person.

(5) Subject to subsections (4) (b) and (6), if a borrower transfers a financing agreement to a person referred to in subsection (4) (a), the borrower's obligations under the financing agreement are transferred to the person on the date that the person begins to receive service from the prescribed public utility.

(6) If a landlord either transfers obligations under a financing agreement to a tenant under subsection (4) (a) or grants to a borrower the written consent referred to in subsection (4) (c), certain of the borrower's obligations under the financing agreement are transferred as follows:

(a) obligations that become due on or after the date that the borrower's tenancy with the landlord ends are transferred from the borrower to the landlord on that date;

(b) subject to subsection (7), obligations that become due on or after the date that a person begins a subsequent tenancy with the landlord respecting the rental unit previously occupied by the borrower are transferred from the landlord to the person on that date.

(7) A landlord referred to in subsection (6) must provide notice, as prescribed, to prospective tenants of the rental unit referred to in that subsection advising those prospective tenants of the operation of subsection (6) (b).

(8) A prescribed public utility may not enter into a financing agreement if doing so would result in the prescribed public utility having an aggregate outstanding balance of all of its financing agreements that exceeds the prescribed amount in the prescribed period.

(9) In setting rates under the Utilities Commission Act for a prescribed public utility that has entered into a financing agreement, the commission must incorporate the financing agreement into those rates.

(10) A prescribed public utility has the same remedies in the event of a borrower's failure to pay an amount under a financing agreement that has been incorporated into its rates as it has for a borrower's failure to pay any other rates the borrower is obligated to pay as a customer of the public utility.

(11) Without limiting section 36 (1) (c),

(a) a requirement prescribed by the minister, and

(b) criteria, terms and conditions established by a prescribed public utility

made for the purposes of subsection (3) of this section may be made with respect to different regions and improvements and, in the case of a requirement prescribed by the minister, with respect to different prescribed public utilities.

34 Section 37 is amended by adding the following paragraph:

(g.1) for the purposes of section 17.1, including, without limitation,

(i) prescribing requirements for the purposes of the definitions of "eligible person" and "energy report" in section 17.1 (1),

(ii) prescribing qualifications for the purposes of the definitions of "qualified person" and "qualified energy advisor" in section 17.1 (1),

(iii) prescribing public utilities and classes of public utilities to which section 17.1 (2) applies,

(iv) prescribing requirements for the purposes of section 17.1 (3),

(v) prescribing forms for the purposes of section 17.1 (4) (b) (ii),

(vi) prescribing classes of improvements for which financing agreements may be made,

(vii) respecting the notice referred to in section 17.1 (7), and

(viii) prescribing amounts and periods for the purposes of section 17.1 (8); .

Part 3 – Environment Amendments

Ministry of Environment Act

35 Section 6.1 of the Ministry of Environment Act, R.S.B.C. 1996, c. 299, is amended

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

(1) In this section:

"administrative penalty" means a monetary penalty imposed under an enactment for a contravention of the enactment, but does not include a fine;

"enactment" means an enactment administered by the minister by order of the Lieutenant Governor in Council;

"fine" means an amount payable under an enactment or the Offence Act in respect of a conviction, or a violation ticket issued, for an offence against an enactment, whether payable as penalty, compensation, security or otherwise and whether payable to the government, the court or another person or entity, and includes a victim surcharge levy under section 8.1 of the Victims of Crime Act;

"sanction" includes a direction, decision or order. ,

(b) in subsection (2) by striking out "under an Act under the minister's administration:" and substituting "under an enactment:",

(c) in subsection (2) (b) by striking out "of the Act or regulation" and substituting "of the enactment", and

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

(f) if a fine or administrative penalty is overdue, the date it was due and the outstanding amount.

Commencement

36  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:

 
Explanatory Notes

SECTION 1: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 1] removes a reference to Part 1 of the Power of Attorney Act.

SECTION 2: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 4] clarifies when a property guardian may request delivery of property belonging to an adult and provides for instructions, received by notaries public, respecting wills.

SECTION 3: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 29] limits the application of section 19.3 of the Health Care (Consent) and Care Facility (Admission) Act to instructions in an advance directive that relate to matters over which a representative does not have authority.

SECTION 4: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 29] provides for consistency in references to lawyers and notaries public.

SECTION 5: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 34] replaces a heading.

SECTION 6: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 36] repeals an unnecessary provision.

SECTION 7: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 38] provides for consistency in references to lawyers and notaries public, and provides that employees or agents of lawyers or notaries public in good standing may act as witnesses.

SECTION 8: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 38] clarifies witnessing requirements in respect of an attorney.

SECTION 9: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 38] authorizes an attorney to request delivery of property belonging to an adult, and prohibits a person from delivering an adult's will to the attorney if the adult has given instructions that the will not be delivered to an attorney.

SECTION 10: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 47] clarifies that an adult may authorize a representative to make specific decisions about the adult's personal care or health care.

SECTION 11: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 52] provides for consistency in references to lawyers and notaries public, and provides that employees or agents of lawyers or notaries public in good standing may act as witnesses.

SECTION 12: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 64] provides a regulation-making power in relation to the recognition of extrajurisdictional agreements.

SECTION 13: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 70] removes a reference to Part 1 of the Power of Attorney Act.

SECTION 14: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 85] removes a reference to Part 1 of the Power of Attorney Act.

SECTION 15: [Adult Guardianship and Planning Statutes Amendment Act, 2007, section 105] removes a reference to Part 1 of the Power of Attorney Act.

SECTION 16: [Family Maintenance Enforcement Act, section 9.1] requires debtors and creditors to notify the director of any change of address, and permits the director to proceed without notice if a change of address is not provided.

SECTION 17: [Family Maintenance Enforcement Act, section 14.4] provides that amounts owing in respect of annual default fees are debts that may be recovered as if they were orders of the court.

SECTION 18: [Family Maintenance Enforcement Act, section 15]

• removes the requirement for the director to file a copy of a notice of attachment and a copy of a maintenance order with the court;
• requires garnished amounts to be remitted in the manner set out in the notice of attachment.

SECTION 19: [Family Maintenance Enforcement Act, section 17] is consequential to the amendment to section 15 of the Act by this Bill.

SECTION 20: [Family Maintenance Enforcement Act, section 26] simplifies requirements in respect of filing maintenance orders with land title offices.

SECTION 21: [Family Maintenance Enforcement Act, section 43] expands the purposes for which an information-sharing agreement may be entered into to include enforcement of the Employment and Assistance Act and the Employment and Assistance for Persons with Disabilities Act.

SECTION 22: [Land Title Act, Part 6] replaces the heading.

SECTION 23: [Land Title Act, section 51] provides the requirements for, and effect of, filing a change to an enduring power of attorney.

SECTION 24: [Land Title Act, section 53] clarifies the endorsements that the registrar must make on a change to an enduring power of attorney filed in the land title office.

SECTION 25: [Land Title Act, section 54] clarifies that changing an enduring power of attorney does not revoke the appointment of an attorney unless specific requirements are met.

SECTION 26: [Miscellaneous Statutes Amendment Act, 2009, section 99] changes commencement dates to reflect the partial coming into force of section 1 (k) of the Adult Guardianship and Planning Statutes Amendment Act, 2007.

SECTION 27: [Miscellaneous Statutes Amendment Act (No. 2), 2010, section 163] removes a reference to the Power of Attorney Act.

SECTION 28: [Patients Property Act, section 19.1] is consequential to the repeal of section 19.2 of the Act by this Bill.

SECTION 29: [Patients Property Act, sections 19.2 and 20]

• removes a provision respecting representation agreements made under section 9 of the Representation Agreement Act;
• is consequential to the coming into force of section 15 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, as it enacts section 60.2 of the Adult Guardianship Act.

SECTION 30: [Power of Attorney Act, section 2] clarifies that Part 1 of the Act does not apply to enduring powers of attorney.

SECTION 31: [Representation Agreement Act, section 26] clarifies that the Public Guardian and Trustee does not require court authorization to be remunerated if remunerated in accordance with a regulation made under the Public Guardian and Trustee Act.

SECTION 32: [Representation Agreement Act, section 42] provides that representation agreements forms may be published rather than prescribed.

SECTION 33: [Clean Energy Act, section 17.1] requires prescribed public utilities to establish and maintain a program to provide financing for the acquisition and installation of prescribed energy efficiency improvements.

SECTION 34: [Clean Energy Act, section 37] amends the regulation-making powers in the Act consequential to the addition of section 17.1 of the Act by this Bill.

SECTION 35: [Ministry of Environment Act, section 6.1] authorizes the minister to disclose that a person has failed to pay fines or penalties imposed for the contravention of an enactment administered by the minister.