Bill 6 – 2015: Justice Statutes Amendment Act, 2015

HONOURABLE SUZANNE ANTON
MINISTER OF JUSTICE

BILL 6 – 2015

JUSTICE STATUTES AMENDMENT ACT, 2015

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

SECTION 1: [Business Practices and Consumer Protection Act, section 115]

requires the described information to be provided, in writing, by a collector to the debtor in the circumstances set out in subsection (1) of this section;
provides an exemption to the prohibition on verbal contact under subsection (2) of this section.

1 Section 115 of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, is amended

(ii) to whom the debt is currently owed, if different from the creditor described in subparagraph (i),

(ii) currently owing, including a breakdown of that current amount, if different from the amount of the debt on the date it was first due and payable, and , and

(2.1) Despite subsection (2), a collector may initiate verbal communication with a debtor, before sending to the debtor the written notice referred to in subsection (1), solely for the purpose of requesting the debtor's home address or electronic mail address in order to send that written notice, if the collector does not have the debtor's home address or electronic mail address or has that information but has reason to believe it is not correct.

SECTION 2: [Business Practices and Consumer Protection Act, section 116]

adds an electronic mail address to the information a collector may, in the circumstances set out, contact a debtor at the debtor's place of employment to request;
requires the described information to be provided, in writing, by a collector to the debtor in the circumstances set out in subsection (3) of this section.

(a) the collector does not have the debtor's home address, telephone number or electronic mail address and the collector contacts the debtor solely for the purpose of requesting that information,

(b) the collector has attempted to contact the debtor at the home address, telephone number or electronic mail address that the collector has for the debtor, but the collector has not contacted the debtor in any of those attempts, or , and

(ii) to whom the debt is currently owed, if different from the creditor described in subparagraph (i),

(ii) currently owing, including a breakdown of that current amount, if different from the amount of the debt on the date it was first due and payable, and .

SECTION 3: [Business Practices and Consumer Protection Act, section 117]

adds an electronic mail address to the information a collector may contact the persons set out in subsection (1) to request and adds the circumstances under which all information under that subsection may be requested;
allows a collector to confirm the information set out, but only if notice is given as set out.

(a) in subsection (1) by striking out "the debtor's home address or telephone number, a collector" and substituting "the debtor's home address, telephone number or electronic mail address if the collector does not have that information or has that information but has reason to believe it is not correct, a collector", and

(a) for the purpose of confirming the debtor's employment, business title and business address, but only if the collector has given notice to the debtor under section 121 (1) (b), (1.1) or (2), or .

SECTION 4: [Business Practices and Consumer Protection Act, section 121]

clarifies the legal proceeding is respecting the recovery of the debt that has been assigned;
clarifies the legal proceeding is for the recovery of the debt;
subject to section 121 (1) of the Act, prohibits a collector from bringing legal proceedings for payment of a debt unless notice is given as set out.

(a) in subsection (1) (a) by striking out "recovery of a debt" and substituting "recovery of the debt",

(b) in subsection (1) (b) by striking out "legal proceeding" and substituting "legal proceeding for the recovery of the debt",

(1.1) Subject to subsection (1), a collector must not bring a legal proceeding for the recovery of a debt unless the collector first gives notice to the debtor that the collector intends to bring the proceeding. , and

(d) in subsection (2) by striking out "legal proceeding" and substituting "legal proceeding for the recovery of a debt".

SECTION 5: [Business Practices and Consumer Protection Act, heading to Division 2 of Part 7] is consequential to the repeal and replacement by this Bill of the definitions in section 125 of the Act.

5 The heading to Division 2 of Part 7 is repealed and the following substituted:

SECTION 6: [Business Practices and Consumer Protection Act, section 125] replaces the definitions of "debt pooler" and "debt pooling system" with the broader concept and definition of "debt repayment agent".

(a) by repealing the definitions of "debt pooler" and "debt pooling system", and

"debt repayment agent" means a person who acts for or represents, or offers to act for or represent, a debtor in arrangements or negotiations with the debtor's creditors, which arrangements or negotiations may include receiving money from the debtor for distribution to the debtor's creditors, in consideration for a fee, commission or other remuneration that is payable by the debtor.

SECTION 7: [Business Practices and Consumer Protection Act, section 126] is consequential to the repeal and replacement by this Bill of the definitions in section 125 of the Act.

(a) in subsection (2) by striking out "A collection agent or debt pooler must" and substituting "A collection agent or debt repayment agent who collects or receives money from a debtor must",

(b) in subsection (2) (a) by striking out "debt pooler's" and substituting "debt repayment agent's", and

(c) in subsections (2) (a) (i) and (ii), (b), (c) and (d) and (3) by striking out "debt pooler" and substituting "debt repayment agent".

SECTION 8: [Business Practices and Consumer Protection Act, section 127] sets out the rules governing debt repayment agents.

Debt repayment agent

(a) a debtor, unless there is a written contract between the debt repayment agent and the debtor that meets the requirements under subsection (2);

(b) must not contain a term or condition that prohibits the debtor from communicating with the debtor's creditors, and

(3) A debt repayment agent must not charge fees or disbursements in excess of the prescribed amount.

(4) A debt repayment agent must not charge, require or accept any amount from the debtor before a repayment proposal is accepted, in writing, by the debtor and one or more of the debtor's creditors.

(5) A debt repayment agent must not offer, pay or provide any gift, bonus, premium, reward or compensation, in cash or in kind, or any other benefit to a person in order to induce a debtor to enter into a contract referred to in subsection (1).

(d) require, request or accept any amount for agreeing to assist or agreeing to attempt to assist the debtor to obtain a loan or credit from a lender.

(7) A debt repayment agent must inform the debtor within 30 days after a creditor of the debtor informs the debt repayment agent that the creditor refuses, or has ceased, to accept or negotiate a settlement of the debtor's debts.

SECTION 9: [Business Practices and Consumer Protection Act, section 171] is consequential to the repeal and replacement by this Bill of the definitions in section 125 of the Act.

9 Section 171 (1) (d) is amended by striking out "debt pooler," and substituting "debt repayment agent,".

SECTION 10: [Business Practices and Consumer Protection Act, section 189] makes the contravention of listed provisions an offence under the Act.

(a) in paragraph (n) by striking out "121 (1), (2)" and substituting "121 (1), (1.1), (2)", and

(r) section 127 (1), (3), (4), (5), (6) or (7) [requirements for debt repayment agent]; .

SECTION 11: [Business Practices and Consumer Protection Act, section 194] authorizes the Lieutenant Governor in Council to prescribe regulations as set out.

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

SECTION 12: [Business Practices and Consumer Protection Act, section 208] is consequential to the repeal and replacement by this Bill of the definitions in section 125 of the Act.

SECTION 13: [Business Practices and Consumer Protection Act, section 208.1] deems the licence of a debt pooler to be a licence of a debt repayment agent, consequential to the repeal and replacement by this Bill of the definitions in section 125 of the Act.

Transitional – debt pooler licence

208.1 A licence issued under section 145 (1) to carry on business as a debt pooler, as defined immediately before the date this section comes into force, is deemed to be a licence issued under section 145 (1) to carry on business as a debt repayment agent.

SECTION 14: [Coroners Act, section 1] adds a definition of "body" to provide that a body includes part of a body.

14 Section 1 of the Coroners Act, S.B.C. 2007, c. 15, is amended by adding the following definition:

SECTION 15: [Coroners Act, section 6] provides that restrictions respecting removing a body from British Columbia do not apply to tissue that is governed by the Human Tissue Gift Act.

(3) This section does not apply to tissue within the meaning of the Human Tissue Gift Act if the tissue

(b) is being removed from British Columbia for a purpose consistent with that consent.

SECTION 16: [Coroners Act, section 13] removes unnecessary words, consequential to the amendment made by this Bill to section 1 of the Act.

SECTION 17: [Family Maintenance Enforcement Act, section 1] provides that a provision for the payment of maintenance in an arbitration award respecting a family law dispute is a maintenance order.

17 Section 1 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended

"family law arbitration award" means an award respecting a family law dispute that is made under the Arbitration Act and filed in a Supreme Court or Provincial Court registry; , and

(b) in the definition of "maintenance order" by striking out "an order or judgment" and substituting "an order, judgment or family law arbitration award".

SECTION 18: [Judicial Compensation Act, section 1] amends the definition of "commission" to reflect the change from 2 commissions to one.

18 Section 1 (1) of the Judicial Compensation Act, S.B.C. 2003, c. 59, is amended by repealing the definition of "commission" and substituting the following:

"commission" means the Judicial Compensation Commission formed under section 2; .

SECTION 19: [Judicial Compensation Act, heading to Part 1] amends the heading to Part 1 to reflect the change from 2 commissions to one.

SECTION 20: [Judicial Compensation Act, section 2] amends appointment powers to reflect the change from 2 commissions to one.

(1) On or before March 1, 2016 and on or before March 1 in every 3rd year after that, 5 individuals must be appointed, in accordance with subsection (2), to form the Judicial Compensation Commission. ,

(b) in subsection (2) by striking out "the Judges Compensation Commission" and substituting "the Judicial Compensation Commission", and

(c) in subsection (2) (b) by striking out "after consulting with the Provincial Court Judges' Association of British Columbia," and substituting "after consulting with the Provincial Court Judges' Association of British Columbia and the Judicial Justices Association of British Columbia,".

SECTION 21: [Judicial Compensation Act, section 3] is self-explanatory.

SECTION 22: [Judicial Compensation Act, sections 4 to 7] amends various provisions to reflect the change from 2 commissions to one.

22 Sections 4 (1), (3) and (4), 5 (6), 6 (1) and 7 are amended by striking out "a commission" and substituting "the commission".

SECTION 23: [Judicial Compensation Act, section 4] reflects the change from 2 commissions to one and makes an amendment that is consequential to the amendments made to section 2 of the Act by this Bill.

(a) in subsection (2) by striking out "An individual appointed to a commission" and substituting "An individual appointed to the commission", and

(3.1) At least one of the individuals appointed under section 2 (2) (a) and (b) must be someone who is not a lawyer.

SECTION 24: [Judicial Compensation Act, section 5] changes the due date of the preliminary report of the commission and sets new criteria for recommendations of the commission.

(1) Not later than October 1 following its formation, the commission must, in a preliminary report to the minister and chief judge,

(a) report on all matters respecting the remuneration, allowances and benefits of judges and judicial justices, and

(b) make recommendations with respect to those matters for each of the next 3 fiscal years. ,

(b) in subsection (3) by striking out "September 30" and substituting "October 30", and

(5) In preparing a report, the commission must be guided by the need to provide reasonable compensation for judges and judicial justices in British Columbia over the 3 fiscal years that are the subject of the report, taking into account all of the following:

(a) the need to maintain a strong court by attracting highly qualified applicants;

(c) compensation provided in respect of similar judicial positions in Canada, having regard to the differences between those jurisdictions and British Columbia;

(d) changes in the compensation of others paid by provincial public funds in British Columbia;

(e) the generally accepted current and expected economic conditions in British Columbia;

(f) the current and expected financial position of the government over the 3 fiscal years that are the subject of the report.

(5.1) The report of the commission must demonstrate that the commission has considered all of the factors set out in subsection (5).

(5.2) The commission may consider factors it considers relevant that are not set out in subsection (5), but if it relies on another factor, the report of the commission must explain the relevance of the factor.

SECTION 25: [Judicial Compensation Act, section 6] removes an obsolete test for rejection of a recommendation of the commission and makes amendments that are consequential to the amendments made to section 2 of the Act by this Bill.

(a) in subsection (2) (a) by striking out "as being unfair or unreasonable", and

(b) in subsections (3) and (4) by striking out "section 2 (1) or 3 (1)" and substituting "section 2 (1)".

SECTION 26: [Judicial Compensation Act, section 7.1] permits reimbursement of the costs, up to maximum amounts that are subject to regulations, of participation in the commission by the Provincial Court Judges' Association of British Columbia and the Judicial Justices Association of British Columbia.

Appropriation

7.1 (1) Subject to subsection (2), the government may pay out of the consolidated revenue fund the reasonable costs, incurred by the Provincial Court Judges' Association of British Columbia and the Judicial Justices Association of British Columbia, of participating in the commission.

(2) The maximum amount that may be paid under subsection (1), which maximum amount applies separately to the Provincial Court Judges' Association of British Columbia and the Judicial Justices Association of British Columbia, is as follows:

(3) Despite subsections (1) and (2), the Lieutenant Governor in Council may, by regulation, set higher amounts for the purposes of subsection (2).

SECTION 27: [Judicial Compensation Act, section 16] allows a judge to participate in the pension plan until the end of the month in which he or she reaches 75 years of age.

"latest retirement age" means the age at which a judge ceases to hold office under section 17 (3) of the Provincial Court Act; .

SECTION 28: [Jury Act, section 24] provides that a juror is entitled to a prescribed allowance and fee for each day the juror is required to attend at a sitting or a trial.

28 Section 24 (1) of the Jury Act, R.S.B.C. 1996, c. 242, is repealed and the following substituted:

(1) A person sitting as a juror at a trial is entitled to be paid the following for each day that the person is required to attend at a sitting or a trial:

SECTION 29: [Jury Act, section 34] adds the ability to set by regulation conditions and requirements for the payment of allowances or fees.

29 Section 34 (3) is amended 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:

SECTION 30: [Power of Attorney Act, section 10] removes unnecessary words.

30 Section 10 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by repealing paragraph (b) of the definition of "spouse" and substituting the following:

SECTION 31: [Power of Attorney Act, section 29] provides that a marriage or a marriage- like relationship has ended for the purposes of section 29 of the Act when the parties are considered separated under the Family Law Act.

(4) A marriage ends for the purposes of this section on the date that the parties to the marriage are separated within the meaning of section 3 (4) of the Family Law Act.

(5) A marriage-like relationship ends for the purposes of this section on the date that the parties to the marriage-like relationship are separated within the meaning of section 3 (4) of the Family Law Act.

SECTION 32: [Representation Agreement Act, section 29] provides that a marriage or a marriage-like relationship is terminated for the purposes of section 29 of the Act when the parties are considered separated under the Family Law Act.

32 Section 29 (1.2) of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is repealed and the following substituted:

(1.2) For the purposes of subsections (1) (d) and (1.1), a marriage is terminated on the date that the parties to the marriage are separated within the meaning of section 3 (4) of the Family Law Act.

(1.3) For the purposes of subsections (1) (d) and (1.1), a marriage-like relationship is terminated on the date that the parties to the marriage-like relationship are separated within the meaning of section 3 (4) of the Family Law Act.

Transitional Provision

SECTION 33: [Jury Act – certain actions and proceedings prohibited] provides that there can be no proceedings against the government or an employee of the government in relation to specified provisions of section 24 of the Jury Act as those provisions read on specified dates.

Jury Act – certain actions and proceedings prohibited

33 (1) A person has no right of action and must not commence or maintain proceedings against the government or an employee of the government in relation to

(a) section 24 (1) (a) of the Jury Act, as that provision read before the date this Act receives First Reading in the Legislative Assembly, and

(b) section 24 (2) (a) of the Jury Act, as that provision read before March 29, 2012.

(2) 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.

Commencement

34 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