1992 Legislative Session: 1st Session, 35th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.


BILL 40 -- 1992


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

Family and Child Service Act

1 Section 13 of the Family and Child Service Act, S.B.C. 1980, c. 11, is amended by adding the following:

(8) The superintendent may, subject to the giving of notices in the same way as under section 12 (2), apply to the court before the expiry of an order under subsection (1) (c) of this section or of any period of extension of that order under subsection (7) of this section for an order allowing the superintendent to supervise the care of the child for a period not exceeding 6 months after the child is returned to the parent apparently entitled to custody.

2 Section 15 is amended by renumbering it as section 15 (1) and by adding the following:

(2) On ceasing under subsection (1) (a) to have guardianship under a permanent order, the superintendent may enter into an agreement with the former ward to continue providing him or her with support and maintenance if he or she

(a) is enrolled in an educational or vocational training program, or

(b) is terminally ill or has a serious mental or physical disability that could prevent or delay independence.

(3) Support and maintenance may be provided under an agreement referred to in subsection (2) for a period that does not extend beyond the date on which the former ward becomes 21 years old.

Social Workers Act

3 Section 1 of the Social Workers Act, R.S.B.C. 1979, c. 389, is repealed and the following substituted:


1 In this Act

"board" means the board of registration continued under section 2 and includes a hearing panel where the hearing panel acts in place of the board in proceedings described in section 3 (d);

"hearing panel" means a hearing panel established under a rule made under section 3 (c.1).

4 Section 3 is amended

(a) by adding the following paragraph:

(c.1) providing for the establishment of hearing panels composed of members of the board to act in place of the board in proceedings described in paragraph (d); , and

(b) in paragraph (d) by striking out "the cancellation or suspension" and "cancelled or suspended," and substituting "the cancellation, suspension or setting of terms and conditions for the continuation" and "cancelled, suspended or limited," respectively.

5 Section 3.1 (1) is amended by striking out "cancel or suspend" and substituting "cancel, suspend or limit".

6 The following section is added:


7 (1) No action for damages because of anything done or omitted to be done in good faith

(a) in the performance or intended performance of a duty, or

(b) in the exercise or intended exercise of a power

under this Act shall be brought against the board, a hearing panel, a member of the board or a hearing panel, an officer of the board or a hearing panel or a person who is subject to the direction of the board, a hearing panel or an officer of the board or a hearing panel.

(2) Subsection (1) does not absolve the government of British Columbia from vicarious liability for an act or omission of a person, the board or a hearing panel for which act or omission the government of British Columbia would be vicariously liable if this section were not in force.


7 Sections 3 to 6 come into force by regulation of the Lieutenant Governor in Council.

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Copyright © 1992: Queen's Printer, Victoria, British Columbia, Canada