1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


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


HONOURABLE PENNY PRIDDY
MINISTER OF HEALTH AND MINISTER RESPONSIBLE FOR SENIORS

BILL 76 -- 1999

HEALTH STATUTES AMENDMENT ACT, 1999

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

 
Community Care Facility Act

1 Section 4 (1) (b) of the Community Care Facility Act, R.S.B.C. 1996, c. 60, is amended

(a) in subparagraph (iii) by adding "and" after "regulations,", and

(b) by repealing subparagraph (v).

 
Criminal Injury Compensation Act

2 Section 1 (1) of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended by repealing the definition of "qualified practitioner" and substituting the following:

"qualified practitioner" means a person registered under the Podiatrists Act, the Chiropractors Act or the Dentists Act or a person registered as a naturopathic physician under the Health Professions Act; .

 
Freedom of Information and Protection of Privacy Act

3 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by repealing paragraph (b) of the definition of "health care body".

 
Health Act

4 Section 11 (2) and (3) of the Health Act, R.S.B.C. 1996, c. 179, is repealed and the following substituted:

(2) Despite any other provision of this Act or of another enactment, an information charging a person with contravention of an order made under subsection (1) may only be laid

(a) by a medical health officer, a deputy medical health officer or an assistant medical health officer, and

(b) with the prior approval of the Provincial health officer.

5 Section 17 is repealed.

6 Section 41 is amended by striking out "and the appointments are" and substituting "and the appointment of a medical health officer is".

 
Hospital Act

7 Section 56 (2) of the Hospital Act, R.S.B.C. 1996, c. 200, is repealed.

8 Section 2 of the Supplement to the Hospital Act is amended by striking out "Section 2 (1) (c) is amended" and substituting "Section 2 (2) is amended".

 
Hospital (Auxiliary) Act

9 The Hospital (Auxiliary) Act, R.S.B.C. 1996, c. 201, is repealed.

 
Interpretation Act

10 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by repealing the definition of "mentally disordered person", "mentally incompetent person", "mentally ill person", "mentally retarded person", or "insane person" and substituting the following:

"mentally disordered person", "mentally incompetent person", "mentally ill person" or "person with a mental disorder" means a person with a mental disorder as defined in section 1 of the Mental Health Act; .

 
Jury Act

11 Section 3 (2) of the Jury Act, R.S.B.C. 1996, c. 242, is amended by striking out everything after "registered" and substituting "under the Chiropractors Act or the Dentists Act or registered as a naturopathic physician under the Health Professions Act is exempt, if the person so desires, from serving on a jury."

 
Medical Practitioners Act

12 Section 82 (c) and (i) of the Medical Practitioners Act, R.S.B.C. 1996, c. 285, is repealed.

 
Medicare Protection Act

13 Section 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended

(a) in the definition of "appropriate disciplinary body" by repealing paragraph (d),

(b) in the definition of "appropriate licensing body" by repealing paragraph (d), and

(c) in the definition of "health care practitioner" by repealing paragraph (c).

Mental Health Amendment Act, 1998

14 Section 1 (e) of the Mental Health Amendment Act, 1998, S.B.C. 1998, c. 35, is amended in paragraph (b) of the definition of "patient" by striking out "as an apparently person" and substituting "as apparently a person".

 
Motor Vehicle Amendment Act (No. 2), 1997

15 Section 31 of the Motor Vehicle Amendment Act (No. 2), 1997, S.B.C. 1997, c. 31, is amended in that part enacting section 230 (1) of the Motor Vehicle Act by striking out "registered psychologist under the Psychologists Act or" and substituting "a psychologist registered under the Health Professions Act or a".

 
Naturopaths Act

16 The Naturopaths Act, R.S.B.C. 1996, c. 332, is repealed.

 
Patients Property Act

17 Section 1 of the Patients Property Act, R.S.B.C. 1996, c. 349, is amended in paragraph (a) of the definition of "patient" by striking out "as defined in the Mental Health Act or by the officer in charge of a psychiatric unit as defined in that Act," and substituting "or psychiatric unit as defined in the Mental Health Act,".

18 Section 11 (1) is amended

(a) in paragraph (b) by striking out "section 33 (6) (a) or (b) of the Mental Health Act;" and substituting "section 33 (8) (a) or (b) of the Mental Health Act;", and

(b) in paragraph (d) by striking out "as defined in the Mental Health Act or by the officer in charge of a psychiatric unit as defined in that Act," and substituting "or psychiatric unit as defined in the Mental Health Act,".

 
Psychologists Act

19 The Psychologists Act, R.S.B.C. 1996, c. 381, is repealed.

 
Workers Compensation Act

20 Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by repealing the definition of "qualified practitioner" and substituting the following:

"qualified practitioner" means a person registered under the Chiropractors Act, the Dentists Act or the Podiatrists Act or a person registered as a naturopathic physician under the Health Professions Act; .

 
Validations and Transitional

Validation -- appointments of public health inspectors

21 An appointment of a public health inspector purporting to have been made under section 41 of the Health Act at any time before section 6 of this Act is brought into force is conclusively deemed to have been validly made under section 41 of the Health Act on and after the date of the appointment, whether or not the appointment was approved by the Lieutenant Governor in Council.

Validation -- operation of Keremeos D&T Centre by the Okanagan-Similkameen RHD

22 Despite anything to the contrary in Order in Council 1549/95, the Okanagan-Similkameen Regional Hospital District is conclusively deemed to have had the same powers and duties under the Hospital District Act from December 31, 1995 to November 19, 1998 as it had immediately before December 31, 1995.

Transitional -- Naturopaths Act and Psychologists Act

23 (1) If a health profession for persons registered or formerly registered under the Naturopaths Act or the Psychologists Act is designated under section 12 of the Health Professions Act, section 36 of the Interpretation Act applies and the Naturopaths Act or the Psychologists Act, as the case may be, is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of this section.

(2) For the purposes of this section, section 36 of the Interpretation Act applies

(a) to the board established under section 17 of the Health Professions Act for the health profession as though the board were, for the purposes of the health profession, the board defined in the former enactment,

(b) to, as circumstances require, the discipline committee or the inquiry committee as defined in section 1 of the Health Professions Act for the health profession as though the discipline committee or the inquiry committee were, for the purposes of the health profession, the board as defined in the former enactment, or a panel of the board established under the former enactment,

(c) to bylaws and rules made under the former enactment as though they were bylaws made under the Health Professions Act,

(d) to regulations made under the former enactment, and

(e) to a proceeding commenced under the former enactment to investigate or discipline a member of the health profession.

(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment for a health profession.

Commencement

24 (1) This Act comes into force by regulation of the Lieutenant Governor in Council.

(2) On being brought into force by regulation,

(a) section 6 is retroactive to the extent necessary to give it effect to section 21,

(b) section 21 is retroactive to the extent necessary to give it effect, and

(c) section 22 is retroactive to the extent necessary to give it effect on and after December 31, 1995.

 
Explanatory Notes

 
Community Care Facility Act

SECTION 1: [Community Care Facility Act, amends section 4 (1) (b)] repeals subparagraph (v) respecting fire detection and means of egress to the ground level from floors on which a sleeping room is located.

 
Criminal Injury Compensation Act

SECTION 2: [Criminal Injury Compensation Act, amends section 1 (1)] is consequential to the repeal of the Naturopaths Act and establishment of a college responsible for registration of naturopathic physicians under the Health Professions Act.

 
Freedom of Information and Protection of Privacy Act

SECTION 3: [Freedom of Information and Protection of Privacy Act, amends Schedule 1] is consequential to the repeal of the Hospital (Auxiliary) Act by this Bill.

 
Health Act

SECTION 4: [Health Act, amends section 11] adds deputy medical health officers and assistant medical health officers as persons who may lay an information for a contravention of the order referred to in section 11 (1) of the Health Act.

SECTION 5: [Health Act, repeals section 17] repeals an obsolete requirement that regulations (which must be deposited and published under the Regulations Act before they come into force) also be laid before the Legislative Assembly.

SECTION 6: [Health Act, amends section 41] restricts the requirement of Lieutenant Governor in Council approval under section 41 to appointments of medical health officers.

 
Hospital Act

SECTION 7: [Hospital Act, repeals section 56 (2)] repeals an obsolete requirement that regulations (which must be deposited and published under the Regulations Act before they come into force) also be laid before the Legislative Assembly.

SECTION 8: [Hospital Act, amends section 2 of the Supplement] corrects a statute revision error.

 
Hospital (Auxiliary) Act

SECTION 9: [Hospital (Auxiliary) Act, repeals the Act] repeals an obsolete Act.

 
Interpretation Act

SECTION 10: [Interpretation Act, amends section 29] makes a consequential amendment to reflect a House Amendment made during a debate of Bill 22, the Mental Health Amendment Act, 1998. That amendment replaced each reference in the Mental Health Act to "mentally disordered person" with a reference to "person with a mental disorder".

 
Jury Act

SECTION 11: [Jury Act, amends section 3 (2)] is consequential to the repeal of the Naturopaths Act and establishment of a college responsible for registration of naturopathic physicians under the Health Professions Act.

 
Medical Practitioners Act

SECTION 12: [Medical Practitioners Act, repeals section 82 (c) and (i)] is consequential to the repeal of the Naturopaths Act and the Psychologists Act and establishment of colleges responsible for registration of naturopaths and psychologists under the Health Professions Act.

 
Medicare Protection Act

SECTION 13: [Medicare Protection Act, amends section 1] is consequential to the repeal of the Naturopaths Act and establishment of a college responsible for registration of naturopaths under the Health Professions Act.

 
Mental Health Amendment Act, 1998

SECTION 14: [Mental Health Amendment Act, 1998, amends section 1 (e)] corrects an error that inadvertently arose in the definition of "patient" in the Mental Health Act as a consequence of a House Amendment to Bill 22, the Mental Health Amendment Act, 1998.

 
Motor Vehicle Amendment Act, (No. 2), 1997

SECTION 15: [Motor Vehicle Amendment Act, (No. 2), 1997, amends section 31] is consequential to the repeal of the Psychologists Act by this Bill.

 
Naturopaths Act

SECTION 16: [Naturopaths Act, repeals the Act] provides for the repeal of the Act in order to permit the establishment of a college responsible for registration of naturopathic physicians under the Health Professions Act.

 
Patients Property Act

SECTION 17: [Patients Property Act, amends section 1] reflects amendments to the Mental Health Act made by the Mental Health Amendment Act, 1998.

SECTION 18: [Patients Property Act, amends section 11 (1)] reflects amendments to the Mental Health Act made by the Mental Health Amendment Act, 1998.

 
Psychologists Act

SECTION 19: [Psychologists Act, repeals the Act] provides for the repeal of the Act in order to permit the establishment of a college responsible for registration of psychologists under the Health Professions Act.

 
Workers Compensation Act

SECTION 20: [Workers Compensation Act, amends section 1] is consequential to the repeal of the Naturopaths Act and establishment of a college responsible for registration of naturopaths under the Health Professions Act.

SECTION 21: [Validation -- appointments of public health inspectors] validates existing appointments of public health inspectors under section 41 of the Health Act.

SECTION 22: [Validation -- operation of Keremeos D&T Centre by the Okanagan-Similkameen RHD] validates operation of the Keremeos D&T Centre by the Okanagan-Similkameen Regional Hospital District as indicated.

SECTION 23: [Transitional -- Naturopaths Act and Psychologists Act] facilitates the transition of these health professions from operation under their own Acts to operation under the Health Professions Act.


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