1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING


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


HONOURABLE JOY MacPHAIL
MINISTER OF SOCIAL SERVICES

BILL 47 -- 1995

CHILD, YOUTH AND FAMILY ADVOCACY AMENDMENT ACT, 1995

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

1 The Child, Youth and Family Advocacy Act, S.B.C. 1994, c. 28, is amended by adding the following section:

Protection for complainants and others

10.1 A person must not discharge, suspend, expel, intimidate, coerce, evict or impose any financial or other penalty on, or otherwise discriminate against, another person because the other person complains to the advocate or gives information or otherwise assists in an investigation or other proceeding under this Act.

2 Section 11 is amended by adding the following subsection:

(3) The advocate may make a special report to the Legislative Assembly or comment publicly about a matter relating generally to the advocate's functions or to a particular case investigated under this Act, if the advocate considers it necessary to do so.

3 Section 14 is amended

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

(a) to be paid, out of the consolidated revenue fund, a salary equal to the salary paid to the chief judge of the Provincial Court of British Columbia, and , and

(b) by adding the following subsections:

(3) If an order is made under subsection (2), the Pension (Public Service) Act applies subject to subsections (4) to (7) of this section.

(4) In addition to the amount contributed by the Minister of Finance and Corporate Relations under section 4.2 of the Pension (Public Service) Act, that minister must contribute to the Public Service Superannuation Fund an amount equal to 8% of the advocate's entire salary.

(5) When calculating the amount of a superannuation allowance under the Pension (Public Service) Act, each year of service as an advocate must be counted as 1 1/2 years of pensionable service.

(6) Subsection (5) does not apply to the calculation under section 6 (5) of the Pension (Public Service) Act.

Commencement

4 Section 3 comes into force on May 15, 1995 and is retroactive to the extent necessary to give it effect on and after that date.

 
Explanatory Notes

SECTION 1: [Child, Youth and Family Advocacy Act, adds section 10.1] adds a provision prohibiting retribution against people who complain, give evidence or otherwise assist in an investigation.

SECTION 2: [Child, Youth and Family Advocacy Act, amends section 11] adds a provision empowering the advocate to make special reports to the Legislative Assembly and the public.

SECTION 3: [Child, Youth and Family Advocacy Act, amends section 14] amends the provisions governing the advocate's salary and superannuation benefits.


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