Part 1 — Children and Family Development Amendments

Child, Family and Community Service Act

1 Section 5 (2) (f) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended by striking out "family violence." and substituting "domestic violence."

2 Section 13 is amended

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

(e) if the child is emotionally harmed by

(i)  the parent’s conduct, or

(ii)  living in a situation where there is domestic violence by or towards a person with whom the child resides; ,

(b) in subsection (1.1) by striking out "and section 14 (1) (a)", and

(c) by adding the following subsection:

(1.2) For the purpose of subsection (1) (a) and (c) but without limiting the circumstances that may increase the likelihood of physical harm to a child, the likelihood of physical harm to a child increases when the child is living in a situation where there is domestic violence by or towards a person with whom the child resides.

3 Section 16 is amended

(a) in subsection (2) by striking out "After the assessment," and substituting "After the assessment under subsection (1.1) (b) or (1.2),",

(b) in subsection (2) by striking out "or" at the end of paragraph (b) and by adding the following paragraph:

(b.1) conduct an assessment of the family respecting

(i)  the child’s safety, and

(ii)  whether it is necessary to provide to the family available services to

(A)  support and assist the family to care for the child, and

(B)  make the family safe for the child, or ,

(c) in subsection (3) by striking out "result of the investigation" and substituting "result of the assessment under subsection (2) (b.1) or investigation", and

(d) in subsections (3) (b), (4) and (5) (a) by striking out "the investigation" and substituting "the assessment or investigation".

4 Section 20 (2) is repealed and the following substituted:

(2) If a director concludes after

(a) an assessment under section 16 (2) (b.1) that it is necessary to provide services, or

(b) an investigation under section 16 (2) (c) that the child needs protection,

the director may offer to refer the parent or, if the parent is unavailable, another family member to a family conference coordinator.

5 Section 74 (2) (f) is repealed and the following substituted:

(f) the powers of the commissioner apply to

(i)  a request from a person under the Freedom of Information and Protection of Privacy Act that the commissioner review any decision, act or omission of a director in respect of section 76 or 77 of this Act,

(ii)  a complaint by a person that information has been disclosed in contravention of section 75 of this Act, and

(iii)  the exercise of a director’s powers, duties and functions under the Freedom of Information and Protection of Privacy Act.

6 Section 75 is amended by repealing paragraphs (a) and (b) and substituting the following:

(a) section 24 or 79 of this Act, or

(b) the Freedom of Information and Protection of Privacy Act, subject to section 74 of this Act.

7 Section 77 (2) (b) is amended by striking out "during an investigation under section 16," and substituting "during an assessment under section 16 (2) (b.1) or an investigation under section 16 (2) (c),".

8 The following section is added:

Intervention in Family Law Act proceedings

97.1  A director may apply under section 204 (2) of the Family Law Act to the court, as defined in that Act, for leave to intervene in a proceeding under that Act if the director considers it is in the best interests of a child to do so.

Part 2 — Education Amendment

School Act

9 The School Act, R.S.B.C. 1996, c. 412, is amended by adding the following section:

Use of board property

85.1  (1) In this section:

"board property", in relation to a board, means board-owned land or improvements in the board’s school district that are or have been used, or are intended for use, for educational activities;

"business day" means any day that is not a Saturday or a holiday;

"care program" has the same meaning as in the Child Care Licensing Regulation, B.C. Reg. 332/2007;

"educational activities" means the provision of educational programs, and includes early learning programs and extracurricular school activities;

"licensed child care provider" means a person who is licensed under the Community Care and Assisted Living Act to provide one or more of the following care programs:

(a) Group Child Care (Under 36 Months), being a program that provides care to children who are younger than 36 months old;

(b) Group Child Care (30 Months to School Age), being a program that provides care to preschool children;

(c) Preschool (30 Months to School Age), being a program that provides care to preschool children who are at least

(i)  30 months old on entrance to the program, and

(ii)  36 months old by December 31 of the year of entrance;

(d) Group Child Care (School Age), being a program that provides, before or after school hours or during periods of school closure, care to children who attend school, including kindergarten;

(e) Occasional Child Care, being a program that provides, on an occasional or short-term basis, care to preschool children who are at least 18 months old;

(f) Multi-Age Child Care, being a program that provides, within each group, care to children of various ages.

(2) Subject to subsection (3), a board must establish a policy promoting the use of board property by licensed child care providers on business days between the hours of 7 a.m. and 6 p.m.

(3) The board must ensure that

(a) any use referred to in subsection (2) does not disrupt or otherwise interfere with the provision of educational activities, and

(b) subject to subsection (4), any revenue obtained by the board from the use referred to in subsection (2) is not more than the direct and indirect costs incurred and to be incurred by the board as a result of making that use available.

(4) Subsection (3) (b) does not apply to any arrangement in place at the time of the coming into force of this section under which board property is being made available to a licensed child care provider but does apply to any renewal or extension of that arrangement.

Part 3 — Energy, Mines and Natural Gas Amendments

Clean Energy Act

10 Section 3 (6) (a) of the Clean Energy Act, S.B.C. 2010, c. 22, is amended by striking out "30 months" and substituting "38 months".

Liquor Control and Licensing Act

11 Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended

(a) by adding the following definitions:

"charitable fundraiser" means an organization, incorporated or unincorporated, in a prescribed class of non-profit organizations;

"charitable representative" means an individual in a prescribed relationship to an unincorporated charitable fundraiser; , and

(b) by repealing the definition of " "licence" or "permit" " and substituting the following:

"licence" means a licence issued under this Act;

"permit" means a permit issued under this Act; .

12 The following section is added:

Auctions for charitable fundraising

7.2  (1) Subject to this section and the regulations, if any, the general manager, having regard for the public interest, may, on application, issue a permit to a person for the sale of liquor by auction if the general manager is satisfied that

(a) the person is a charitable fundraiser or charitable representative, and

(b) the purpose of the auction is to raise funds for a charitable purpose.

(2) An application under this section must be in the form established by the general manager and accompanied by the prescribed fee.

(3) A permit under this section

(a) must specify where and when the auction is permitted to be held,

(b) may specify

(i)  the types of liquor permitted to be auctioned, and

(ii)  the maximum quantity of liquor, by type or in total, permitted to be auctioned, and

(c) may include other terms and conditions, consistent with this Act and the regulations, that the general manager considers to be in the public interest.

(4) Subject to the regulations, if any, the general manager, having regard for the public interest, may determine how frequently a permit may be issued under this section to a person or in respect of a place.

(5) A person to whom a permit has been issued under this section may sell liquor by auction in accordance with this Act, the regulations and the terms and conditions of the permit.

(6) If, in the general manager’s opinion or in the opinion of a peace officer, there is a breach of this Act or the regulations, or of a federal, Provincial or municipal enactment relating to the sale, purchase or consumption of liquor, the general manager or the peace officer may cancel a permit issued under this section.

(7) The general manager or a peace officer may cancel a permit issued under this section if, in the general manager’s opinion or in the opinion of the peace officer,

(a) the circumstances on the basis of which the permit was applied for and issued have changed so that they no longer meet the requirements of this Act or the regulations for issuance of the permit, or

(b) the circumstances on the basis of which the permit was issued did not exist at the time the permit was issued or the permit was otherwise issued in error.

(8) A person who sells liquor by auction under this section must

(a) prepare and maintain the prescribed records,

(b) produce for inspection, at the request of the general manager, any record prescribed under paragraph (a),

(c) hold the funds raised by the auction in the manner prescribed, if any, and

(d) use the funds raised by the auction

(i)  for the charitable purpose for which the permit was issued or, with the approval of the general manager, another charitable purpose the general manager considers appropriate in the circumstances, and

(ii)  within the prescribed period of time or, with the approval of the general manager, another period of time the general manager considers appropriate in the circumstances.

13 The following section is added:

Auctions for charitable fundraising – small quantities

7.3  (1) A person may sell liquor by auction in accordance with this Act and the regulations without a permit issued under section 7.2 if

(a) the person is a charitable fundraiser or charitable representative,

(b) the purpose of the auction is to raise funds for a charitable purpose, and

(c) the person offers no more than the prescribed quantity of liquor for sale at the auction.

(2) Despite subsection (1), a person is not authorized to sell liquor under this section for the prescribed period of time immediately after any of the following has sold liquor under this section:

(a) the person;

(b) if the person is a charitable representative of a charitable fundraiser, another charitable representative of the charitable fundraiser.

14 Section 38 is amended

(a) by repealing subsection (2.1) and substituting the following:

(2.1) An agent as defined in section 1 or a liquor manufacturer may give liquor that has been purchased from the Liquor Distribution Branch to

(a) a person to whom a special occasion licence has been issued under section 7, to sell in accordance with this Act, the regulations and the terms and conditions of the licence, if

(i)  the person is a charitable fundraiser or charitable representative, and

(ii)  the purpose of the special occasion is to raise funds for a charitable purpose,

(b) a person to whom a permit has been issued under section 7.2, to sell by auction in accordance with this Act, the regulations and the terms and conditions of the permit, and

(c) a person authorized to sell the liquor by auction under section 7.3, to sell by auction in accordance with this Act and the regulations. ,

(b) in subsection (3) (a) by adding "by the licensee" after "purchased", and

(c) by adding the following subsections:

(4) Despite subsection (3) (a), a person to whom a special occasion licence has been issued under section 7 may sell, in accordance with this Act, the regulations and the terms and conditions of the licence, liquor that has been purchased from the Liquor Distribution Branch and given to the person by an agent as defined in section 1 or a liquor manufacturer if

(a) the person is a charitable fundraiser or charitable representative, and

(b) the purpose of the special occasion is to raise funds for a charitable purpose.

(5) A person may sell liquor to the Liquor Distribution Branch.

15 Section 84 is amended

(a) in subsection (2) by adding the following paragraphs:

(b.6) respecting the issue of permits and all matters relating to the sale of liquor under section 7.2;

(b.7) respecting all matters relating to the sale of liquor under section 7.3; , and

(b) by adding the following subsections:

(6) Without limiting subsection (2) (b.6), regulations made under that subsection may provide for the issue of different classes or categories of permits in relation to

(a) different types and quantities of liquor to be sold, and

(b) different classes or categories of applicants for permits.

(7) Without limiting subsection (2) (b.6) or (b.7), regulations made under subsection (2) (b.6) or (b.7) may

(a) specify the types of liquor that may be sold by auction,

(b) specify the places where liquor may be sold by auction,

(c) specify requirements relating to the storage of liquor at the place where the liquor is to be or has been sold by auction,

(d) prohibit or restrict the consumption of liquor sold by auction at the place where the liquor was sold by auction, and

(e) establish rules regarding the presence of minors at places where liquor is sold by auction.

(8) Regulations referred to in section 7.2 (8), or made under subsections (2) (b.6) and (7) of this section, may be different for different classes or categories of permits.

Liquor Distribution Act

16 The definition of "authorized vendor" in section 1 (1) of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended

(a) in paragraph (c) by adding "7 or" before "12", and

(b) by adding the following paragraph:

(c.1) a person authorized to sell liquor by auction under section 7.2 or 7.3 of the Liquor Control and Licensing Act, .

Part 4 — Environment Amendments

Integrated Pest Management Act

17 Section 38 (2) (d) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is repealed and the following substituted:

(d) prescribing for the purposes of section 4 [licence for sale or use of pesticides]

(i)  pesticides, uses, sales or services in respect of which section 4 (1) (a), (b), (c) or (d) does not apply,

(ii)  uses for the purposes of section 4 (1) (b), and

(iii)  circumstances in which a regulation under section 4 (1) (b) does not apply to a use prescribed for the purposes of that section; .

Provincial Symbols and Honours Act

18 The Provincial Symbols and Honours Act, R.S.B.C. 1996, c. 380, is amended by adding the following sections:

Fish emblem

6.2  (1) In this section and section 6.3, "Pacific Salmon" means the following species of the genus taxonomically known as Oncorhynchus:

(a) Oncorhynchus clarkii commonly known as cutthroat trout;

(b) Oncorhynchus gorbuscha commonly known as pink salmon;

(c) Oncorhynchus keta commonly known as chum salmon;

(d) Oncorhynchus kisutch commonly known as coho salmon;

(e) Oncorhynchus mykiss commonly known as steelhead;

(f) Oncorhynchus nerka commonly known as sockeye salmon;

(g) Oncorhynchus tshawytscha commonly known as chinook salmon.

(2) Pacific Salmon is the fish emblem of British Columbia.

Fish emblem regulations

6.3  The Lieutenant Governor in Council may make regulations establishing a symbol to represent Pacific Salmon.

Part 5 — Forests, Lands and Natural Resource
Operations Amendments

Forest Act

19 The definition of "bonus bid" in section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is repealed and the following substituted:

"bonus bid" means

(a) a bid that is

(i)  tendered in order to acquire the right to harvest timber under an agreement under this Act,

(ii)  calculated on a dollar value per cubic metre of competitive species and forest products harvested and measured in compliance with the agreement, and

(iii)  payable from time to time in accordance with the agreement, or

(b) a bid that is

(i)  tendered in order to acquire the right to harvest timber under an agreement under this Act,

(ii)  calculated on a dollar value per cubic metre of competitive species and forest products that are attributed to the agreement under authority of a regulation made under section 75.1 (3) (b), and

(iii)  payable in accordance with the regulations; .

20 Section 8 (2) is amended

(a) by striking out "or" at the end of paragraph (a), by adding "or" at the end of paragraph (b) and by adding the following paragraph:

(b.1) enters into or amends a tree farm licence under section 34.1, , and

(b) in paragraph (c) by striking out "paragraph (b) "and substituting "paragraph (b) or (b.1)".

21 Section 14 is amended by adding the following paragraph:

(b.1) may require that timber harvesting under the licence be restricted to

(i)  a portion of a timber supply area, or

(ii)  a type of timber or terrain,

but this requirement must not be included in

(iii)  a replaceable forest licence entered into before the date this paragraph comes into force, or

(iv)  a replacement for a replaceable forest licence referred to in subparagraph (iii) of this paragraph,

unless the replaceable forest licence or replacement is amended under section 34.1 after the date this paragraph comes into force.

22 Section 14.1 (2) is amended

(a) in paragraph (c) by adding "and" after "the minister,", and

(b) by repealing paragraph (d).

23 The following section is added:

Supplemental forest licence

14.2  (1) In this section:

"restricted forest licence" means a non-replaceable forest licence entered into under section 13 (6) for which applications are invited on or after July 1, 2011 from one or more categories of applicants as established under section 13 (2.1);

"supplemental forest licence" means a restricted forest licence that includes the condition described in subsection (2) of this section.

(2) A supplemental forest licence, in addition to setting out the matters described in section 14, must specify that timber may be harvested under the licence only if the minister is satisfied that the holder of the licence has taken the steps specified in the licence to obtain from other sources the timber and wood residue needed for processing facilities owned or leased by the holder.

(3) In respect of a supplemental forest licence, the requirement in section 14 (e) is subject to the condition referred to in subsection (2) of this section.

24 The following section is added:

Surrender of replaceable forest licences and tree farm licences

34.1  (1) In this section, "confirmed application" means an application about which the minister has made a confirmation under subsection (5), and includes an application amended as required under subsection (7).

(2) The minister, by advertising in the prescribed manner, may invite one or more holders described in subsection (3) to make an application under that subsection.

(3) On invitation under subsection (2), the holder of

(a) a replaceable forest licence, or

(b) a replaceable tree farm licence and a replaceable forest licence

may apply to the minister for one or both of the following:

(c) an authorization to surrender, for replacement by a tree farm licence, the forest licence or tree farm licence, or, in the case of a forest licence, a part of the licence;

(d) an authorization to surrender, for an addition of Crown land to a tree farm licence area, the forest licence or tree farm licence, or, in the case of a forest licence, a part of the licence.

(4) An application under subsection (3) must be in the form required by the minister and must include all of the following:

(a) a description of the proposed tree farm licence area for a new or amended licence;

(b) a description of why an agreement entered into under subsection (12) on the basis of the application would be in the best interests of the public;

(c) a description of the licence to be surrendered or, if applicable, of the part of the forest licence to be surrendered;

(d) anything else specified in the advertisement referred to in subsection (2).

(5) On receipt of an application, the minister must do the following:

(a) confirm whether an application meets the requirements set out in subsection (4);

(b) if the application is confirmed under paragraph (a), provide directions to the applicant respecting the consultations referred to in subsection (6).

(6) An applicant whose application is a confirmed application must, in accordance with the minster's directions,

(a) make the application available for public review and comment for the period specified by the minister, which period must not be less than 60 days, and

(b) report to the minister respecting the results of the public review and comment.

(7) The minister may require an applicant referred to in subsection (6) to amend a confirmed application based on the report referred to in paragraph (b) of that subsection.

(8) The minister must reject an application if the minister is satisfied that the applicant has not complied with subsection (6) or (7).

(9) In evaluating a confirmed application, the minister must consider all of the following:

(a) the impact an agreement based on the application would have on the allowable annual cut of, and forest management in, the timber supply area;

(b) the best interests of the public;

(c) the criteria set out in the advertisement.

(10) After evaluating a confirmed application, the minister may make to the applicant an offer to do one or more of the following:

(a) enter into a tree farm licence;

(b) amend a tree farm licence to add Crown land to the tree farm licence area;

(c) authorize the surrender of the holder's forest licence or tree farm licence, or, in the case of a forest licence, a part of the licence.

(11) An offer made under subsection (10) may

(a) be amended,

(b) include an offer to amend the part of a replaceable forest licence that is not surrendered,

(c) be subject to conditions that must be complied with before the minister enters into or amends a licence, and

(d) be accepted, no later than 3 months after the offer is made, by written notice of acceptance served on a person designated by the minister.

(12) If an offer made under subsection (10) is accepted and the minister is satisfied that the conditions, if any, referred to in subsection (11) (c) are complied with, the minister and the applicant must do one or both of the following:

(a) enter into a tree farm licence containing the terms and conditions set out in the offer;

(b) enter into an amendment referred to in subsection (10) (b) or (11) (b).

(13) A licence surrendered under this section expires on the commencement of the new tree farm licence or the amendment to the tree farm licence.

(14) The minister must specify an allowable annual cut

(a) for a new tree farm licence that is not greater than the total of the allowable annual cuts of the licences surrendered or partially surrendered under this section, and

(b) for an amended tree farm licence that is not greater than the total allowable annual cuts of the tree farm licence and licences surrendered or partially surrendered under this section.

25 Section 35 (1) is amended

(a) in paragraph (b) by striking out "sections 33 and 39" and substituting "sections 33, 34.1 and 39",

(b) in paragraph (n) by striking out "and" after "tree farm licence,", and

(c) by adding the following paragraphs:

(n.1) contain terms and conditions based on an application under section 34.1 (3), if applicable,

(n.2) specify an amount the holder must pay to the government if the holder fails to comply with a term or condition referred to in paragraph (n.1), if applicable, and .

26 The definition of "deletion period" in section 53 (1) is amended in paragraph (b) by striking out "section 39" and substituting "section 34.1 or 39".

27 Section 54.4 is amended

(a) by repealing subsection (0.1) and substituting the following:

(0.1) In this section, "restricted forest licence" and "supplemental forest licence" have the same meaning as in section 14.2 (1). ,

(b) by repealing subsection (1) (a),

(c) in subsection (1.01) by adding "or supplemental forest licence" after "restricted forest licence", and

(d) by adding the following subsection:

(1.2) Despite any of the exceptions to the prohibitions on disposition in subsections (1) and (1.01), a person may not dispose of an agreement in respect of which rights are under suspension, in whole or in part, under section 76 or 78.

28 Section 60.5 is amended

(a) in subsection (1) by striking out "and subsection (2)" and substituting "and subsections (1.1) and (2)",

(b) by adding the following subsection:

(1.1) If the Crown land to be deleted by order under section 60.2 from a tree farm licence area is to be used for exploration or development activities associated with oil and gas purposes or for prescribed purposes, the minister may make the order if the minister serves at least 60 days' advance notice of the order on the holder of the licence that is the subject of the intended deletion of Crown land. , and

(c) by repealing subsection (2) (a).

29 Section 75.1 is amended

(a) in subsection (3) (a) by adding ", subject to an applicable limit set out in an order issued under a regulation made under paragraph (a.1)," after "must be",

(b) in subsection (3) by adding the following paragraph:

(a.1) with respect to percentages prescribed under paragraph (a), authorizing the minister, subject to any terms specified in the regulation, to set, by order respecting an area, a limit on one or both of the following amounts:

(i)  the aggregate volume of downward adjustments that may be made to one or more types of licences in the area;

(ii)  the volume of downward adjustment that may be made to a licence or type of licence specified in the order, , and

(c) by adding the following subsections:

(3.1) If the minister is authorized to make an order under authority of a regulation made under subsection (3) (a.1), the order made under that authority must set out the following:

(a) the area for which the order is made;

(b) the licence or type of licence to which the order applies;

(c) the time period during which the limit applies;

(d) the grade and species of timber, or the uses of timber, to which the order applies.

(3.2) An order made under authority of a regulation made under subsection (3) (a.1) must be published by posting the order on a publicly accessible website maintained by or on behalf of the government.

30 The following section is added:

Adapting cut control for provisions respecting
licences under section 34.1

151.52  (1) The Lieutenant Governor in Council may make regulations for the purpose of adapting

(a) Division 3.1 of Part 4 of this Act, and

(b) the regulations made for that Division

to take into account the effect of the surrender or amendment of a licence referred to in section 34.1, including but not limited to regulations

(c) prescribing additional provisions to supplement the provisions of

(i)  Division 3.1 of Part 4 of this Act, or

(ii)  the regulations made for that Division

as the provisions apply in respect of that licence or its holder,

(d) varying provisions of that Division or of regulations made for that Division as the provisions apply in respect of that licence or its holder,

(e) providing that specified provisions of that Division or of regulations made for that Division do not apply to or in respect of that licence or its holder, and

(f) imposing conditions for the purpose of regulations made under this section.

(2) This section may be repealed by regulation of the Lieutenant Governor in Council and, on that repeal, regulations made under this section are also repealed.

31 Section 157 (d) (v) is repealed and the following substituted:

(v)  requirements relating to

(A)  the replacement of contracts or subcontracts on the transfer, subdivision or consolidation of licences or on compliance with section 34.1 (12), and

(B)  the replacement of subcontracts on the transfer of contracts; .

Validation Provision

Part 6 — Health Amendments