2000 Legislative Session: 4th Session, 36th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
[ Schedule A . . . ]
No. 72
OF THE
Thursday, July 6, 2000
10 a.m.
ROUTINE BUSINESS
PRAYERS
INTRODUCTION OF BILLS
1 Ms. Stephens to introduce a Bill intituled Prevention of Child Sexual Exploitation Act.
2 Ms. Stephens to introduce a Bill intituled Domestic Violence Prevention Act.
3 Mr. Campbell to introduce a Bill intituled Balanced Budget and Debt Reduction Act.
4 Mr. Campbell to introduce a Bill intituled Truth in Budgeting Act.
5 Mr. G. Clark to introduce a Bill intituled Access to Prostate Care Screening Act.
6 Mr. Plant to introduce a Bill intituled An Act Respecting Electronic Information and Documents.
7 Mr. Coell to introduce a Bill intituled Biologists Act.
8 Mr. Orcherton to introduce a Bill intituled Medical Practitioners Act Amendment Act.
ORAL QUESTION PERIOD
(15 minutes, afternoon sittings: Monday, Tuesday, Wednesday, Thursday)
PRESENTING PETITIONS
READING AND RECEIVING PETITIONS
PRESENTING REPORTS
MOTIONS ON NOTICE
(See Schedule A)
WRITTEN QUESTIONS ON NOTICE
(See Schedule B)
PROPOSED AMENDMENTS ON NOTICE
24 Hon. A. Petter to move, in Committee of the Whole on Bill (No. 24) intituled Miscellaneous Statutes Amendment Act (No. 2), 2000 to amend as follows:
SECTION 18.1, by adding the following:
Limitation Act
18.1 Section 8 (1) of the Limitation Act, R.S.B.C. 1996, c. 266, is amended by striking out "or" at the end of paragraph (b) and by adding the following:
(b.1) against a person who is qualified and permitted under the Dentists Act to practise dentistry in British Columbia, based on professional negligence or malpractice, after the expiration of 10 years from the date on which the right to do so arose, or .
SECTION 68.1, by adding the following:
Transitional
68.1 Section 8 (1) (b.1) of the Limitation Act, as enacted by this Act, does not apply to bar an action commenced before the coming into force of that section.
SECTION 69 (1), by adding "18.1," after "13,".
25 Hon. G. Mann Brewin to move, in Committee of the Whole on Bill (No. 25) intituled Secure Care Act to amend as follows:
SECTION 8,
(a) in the proposed subsection (1) by deleting "for a specified period of not more than 30 days" and substituting "for a period specified under subsection (1.1) of this section", and
(b) by adding the following subsection:
(1.1) The period specified by the board in a secure care certificate must be no longer than, in the board's opinion, is necessary for the purpose of assessing and assisting the child, but in any event must not exceed 30 days.
SECTION 9 (4), by adding the following paragraph:
(a.1) change the period of detainment specified under section 8 (1.1); .
SECTION 20 (5), by adding the following paragraph:
(a.1) change the period of detainment specified under section 8 (1.1); .
25 Ms. L. Reid to move, in Committee of the Whole on Bill (No. 25) intituled Secure Care Act to amend as follows:
SECTION 34, to delete the words in strikeout as follows:
34 In sections 35 to 42, "record" means a record as defined in the Freedom of Information and Protection of Privacy Act that is made under this Act and is in the custody or control of a director of secure care.
SECTION 35, to delete the words in strikeout as follows:
35 Except as provided in sections 38 (3), 41 and 42 (5), the Freedom of Information and Protection of Privacy Act does not apply to a record made under this Act or to information in that record.
SECTION 36, to delete the words in strikeout as follows:
36 A person must not disclose information obtained under this Act except
(a) in accordance with section 37, to a person who has a right of access to a record,
(b) in accordance with sections 39 and 40,
(c) in a report under section 28, but only to the extent necessary to establish grounds for findings or recommendations contained in that report, or
(d) in the case of a person who is a member or the registrar of the board, to the extent necessary for carrying out the powers, duties and functions of the board or the duties of the registrar.
SECTION 37, to delete the words in strikeout as follows:
37 (1) A person has the right
(a) to be given access to a record containing information about the person, and
(b) to consent, in the prescribed manner, to the disclosure of that information.
(2) A person has the right
(a) to be given access to a record containing information about a child who is under 12 years of age and is in the person's legal care, and
(b) to consent, in the prescribed manner, to the disclosure of that information.
(3) The right to be given access to a record and to consent to the disclosure of information in the record does not extend to information excepted from disclosure under section 38.
(4) If information excepted under section 38 can reasonably be severed from a record, a person referred to in subsection (1) or (2) of this section has the right of access to and the right to consent to the disclosure of information in the remainder of the record.
(5) A person who is given access to a record under this section has the following rights:
(a) to examine the record or obtain a copy of the record;
(b) to request that the record be corrected.
SECTION 38, to delete the words in strikeout as follows:
38 (1) A director of secure care must refuse to disclose information to a person who has a right of access under section 37 if the disclosure would be an unreasonable invasion of a third party's personal privacy.
(2) A director of secure care may refuse to disclose information to a person who has a right of access under section 37 if
(a) there are reasonable grounds to believe that the disclosure might result in physical or emotional harm to that person or to another person,
(b) the disclosure could reasonably be expected to jeopardize an investigation under section 16 of the
Child, Family and Community Service Act or a criminal investigation that is under way or contemplated, or
(c) the information is subject to solicitor-client privilege.
(3) Section 22 (2) to (4) of the Freedom of Information and Protection of Privacy Act applies for the purpose of determining whether a disclosure of information is an unreasonable invasion of a third party's personal privacy.
SECTION 39, to delete the words in strikeout as follows:
39 A director of secure care may disclose information obtained under this Act if a person who under section 37 has a right of access to a record containing that information has consented in the prescribed manner to its disclosure.
SECTION 40, to delete the words in strikeout as follows:
40 A director of secure care may, without the consent of any person, disclose information obtained under this Act if the disclosure is
(a) necessary to ensure the safety or well-being of a child,
(b) necessary to ensure the safety of a person, other than a child,
(c) required by order of a court to be made to a party to a proceeding,
(d) permitted by the Young Offenders Act (Canada),
(e) required by an enactment,
(f) made when giving or when validly compelled to give evidence in a proceeding,
(g) necessary to enable the Public Guardian and Trustee to perform duties and exercise powers as guardian of a child's estate,
(h) made to the director of secure care's legal counsel,
(i) made to a service provider and the information relates to a child to whom the service provider, by agreement with the director of secure care, provides services,
(j) made to a director under the Child, Family and Community Service Act, if the child to whom the information relates is
(i) in the custody or under the supervision of that director under an order made under that Act, or
(ii) in the guardianship of that director under section 29 (3) of the Family Relations Act,
(k) made to the director of adoption, if the child to whom the information relates is in the guardianship of that director,
(l) made to the parent, if the child to whom the information relates is not
(i) in the continuing custody of a director under the Child, Family and Community Service Act,
(ii) in the guardianship of that director under section 29 (3) of the Family Relations Act, or
(iii) in the guardianship of the director of adoption,
(m) necessary for the administration of this Act, or
(n) for research purposes in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.
SECTION 41, to delete the words in strikeout as follows:
41 Sections 28, 30 and 31 of the Freedom of Information and Protection of Privacy Act apply to a director of secure care.
SECTION 42, to delete the words in strikeout as follows:
42 (1) A person who requests access to a record or correction of a record may ask the Information and Privacy Commissioner to review any decision, act or omission of a director of secure care that relates to the request.
(2) A person may ask the Information and Privacy Commissioner to review a complaint that information relating to the person has been disclosed in contravention of section 36.
(3) To ask for a review, a written request must be delivered to the Information and Privacy Commissioner.
(4) If the request is for a review of a decision, the request must be delivered within 30 days after the person asking for the review is notified of the decision.
(5) Sections 44 to 49, 54 to 57, 58 (1), (2), (3) (d), (4) and (5) and 59 of the Freedom of Information and Protection of Privacy Act apply in respect of a review requested under this section, except that a reference to a public body or to the head of a public body is to be read as a reference to a director of secure care.
(6) If there is a review of a complaint that a director of secure care is disclosing information in contravention of section 36, the Information and Privacy Commissioner may order the director of secure care to stop disclosing that information.
SECTION 49, in reference to Section 3 (1) of the Freedom of Information and Protection of Privacy Act, 1996, to delete the words in strikeout as follows:
(c.2) a record that is created by or for, or is in the custody or control of, the Secure Care Board and that relates to the exercise of that board's functions under the
Secure Care Act; .
ORDERS OF THE DAY
COMMITTEE OF SUPPLY
Report of Resolutions passed in Committee of Supply
SECTION A: 1st, 4th, 9th, 16th, 18th and 31st of May, the 6th, 8th, 13th, 14th, 15th, 26th and 28th of June, the 4th of July.
SECTION B: 9th and 31st of May, the 5th, 14th, 15th and 29th of June.
Summary of Estimates of Ministry of Transportation and Highways completed in Section A.
Summary of Estimates of Ministry of Aboriginal Affairs completed in Section A.
Summary of Estimates of Ministry of Municipal Affairs completed in Section A.
Summary of Estimates of Ministry of Attorney General completed in Section A.
Summary of Estimates of Ministry of Advanced Education, Training and Technology completed in Section A.
Summary of Estimates of Ministry of Agriculture, Food and Fisheries completed in Section A.
Summary of Estimates of Ministry of Social Development and Economic Security completed in Section A.
Summary of Estimates of Ministry of Education completed in Section A.
Summary of Estimates of Ministry of Small Business, Tourism and Culture completed in Section A.
Summary of Estimates of Ministry of Environment, Lands and Parks completed in Section A.
Summary of Estimates of Ministry of Community Development, Cooperatives and Volunteers completed in Section A.
Summary of Estimates of Ministry of Employment and Investment completed in Section A.
Summary of Estimates of Ministry for Children and Families completed in Section A.
Summary of Estimates of Ministry of Multiculturalism and Immigration completed in Section A.
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
REPORT
COMMITTEE
SECOND READING
PRIVATE BILLS
SECOND READING
PRIVATE MEMBERS' STATEMENTS
(Wednesday)
PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS
ADJOURNED DEBATE ON OTHER MOTIONS
E. GEORGE MacMINN, Q.C.
Clerk of the Legislative Assembly
[ Schedule A . . . ]
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