2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING


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


HONOURABLE RICH COLEMAN
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL

BILL 51 -- 2002

PUBLIC SAFETY AND SOLICITOR GENERAL
STATUTES AMENDMENT ACT, 2002

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

 
Crime Victim Assistance Act

1 Section 3 (1) of the Crime Victim Assistance Act, S.B.C. 2001, c. 38, is amended

(a) by striking out "The following persons may apply to the director in the prescribed form for a benefit:" and substituting "The following persons may apply to the director for a benefit in accordance with the regulations:",

(b) by repealing paragraph (b) and substituting the following:

(b) an immediate family member who

(i) experiences economic loss or psychological harm as a result of the death or injury of a victim, or

(ii) is a minor child of a deceased victim; , and

(c) by repealing paragraph (d) (ii) and substituting the following:

(ii) if the person does not have a legal representative and is physically or mentally incapable of making the application, an immediate family member.

2 Section 3 is amended by adding the following subsection:

(6) In the case of an applicant who makes one or more applications that relate to 2 or more prescribed offences, the director may treat 2 or more prescribed offences as one prescribed offence if the offences are, in the opinion of the director, related, connected or of a similar nature and involve the same persons.

3 Section 4 is amended

(a) by repealing subsections (1) to (3) and substituting the following:

(1) Subject to the regulations, if an application for a benefit is made under section 3 (1) by or on behalf of a victim whose need for the benefit arose as a result of the prescribed offence or the event that resulted in the victim's injury, the director may award a benefit to that victim, in the circumstances and subject to the conditions and limitations that the director considers appropriate, in any of the following categories:

(a) medical or dental services or expenses;

(b) prescription drug expenses;

(c) disability aids;

(d) counselling services or expenses;

(e) vocational services or expenses;

(f) protective measures, services or expenses;

(g) repair or replacement of damaged or destroyed personal property;

(h) home modification, maintenance or moving expenses;

(i) vehicle modification or acquisition;

(j) homemaker, childcare or personal care services or expenses;

(k) maintenance for a child born as a result of the prescribed offence;

(l) income support;

(m) lost earning capacity;

(n) transportation and related expenses;

(o) a prescribed category.

(2) Subject to the regulations, if an application for a benefit is made under section 3 (1) by or on behalf of an immediate family member whose need for the benefit arose as a result of the death or injury of the victim, the director may award a benefit to that immediate family member, in the circumstances and subject to the conditions and limitations that the director considers appropriate, in any of the following categories:

(a) counselling services or expenses;

(b) prescription drug expenses;

(c) vocational services or expenses;

(d) funeral expenses;

(e) income support;

(f) transportation and related expenses;

(g) loss of parental guidance for a minor child;

(h) earnings loss due to bereavement leave;

(i) a prescribed category.

(3) Subject to the regulations, if an application for a benefit is made under section 3 (1) by or on behalf of a witness, the director may award a benefit to the witness, in the circumstances and subject to the conditions and limitations that the director considers appropriate, in any of the following categories:

(a) counselling services or expenses;

(b) prescription drug expenses;

(c) transportation and related expenses;

(d) a prescribed category. ,

(b) in subsections (5) and (6) by striking out "subsection (1) (c)" and substituting "subsection (1) (k)",

(c) by repealing subsection (7) and substituting the following:

(7) The director may provide a benefit

(a) as a lump sum payment,

(b) as periodic payments,

(c) by commuting all or part of a lump sum payment into periodic payments,

(d) by commuting all or part of periodic payments to one or more lump sum payments,

(e) as a product or as a service, or

(f) by a combination of methods described in paragraphs (a) to (e). , and

(d) by repealing subsection (8) (a) and substituting the following:

(a) until an applicant or a person for whom an application has been made under section 3 (1) has applied for compensation, an amount or a service from a source other than under this Act, for which the victim, immediate family member or witness is or may be eligible as a result of the death or injury of the victim, or .

4 Section 6 is repealed and the following substituted:

Information and verification

6 (1) For the purposes of determining whether a victim, an immediate family member or a witness is eligible for a benefit and, if so, its form, amount or duration, the director may do one or more of the following:

(a) require the applicant to provide the director with the information, documents, statements, reports, books, papers or other evidence the director considers necessary;

(b) require the applicant to disclose to the director any amounts that the victim, immediate family member or witness has received, may be eligible to receive or would have been eligible to receive from a source other than under this Act;

(c) require the victim, immediate family member or witness to undergo an examination or assessment by a medical practitioner, a health professional or another expert specified by the director;

(d) require a medical practitioner, a health professional, an expert or another person to provide a report or information, if authorized by or on behalf of the individual to whom the report or information relates;

(e) seek verification of information provided by the applicant and require the applicant to provide the information or consent necessary for that verification;

(f) require a police force referred to in section 1.1 of the Police Act to provide copies of, or access to, a police incident report or a report to Crown counsel related to the prescribed offence or the event that caused the death or injury of the victim.

(2) A medical practitioner, a health professional, an expert or another person must provide the report required by the director in the form and within the time specified by the director.

(3) The director may accept and consider any evidence provided or obtained under subsection (1) or other evidence that the director considers may be of assistance, whether or not it would be admissible as evidence in a court of law.

(4) If an applicant fails to comply with a requirement under subsection (1) (a), (b) or (e), or if a victim, an immediate family member or a witness fails to comply with a requirement under subsection (1) (c), the director may declare that the victim, immediate family member or witness by or for whom the application under section 3 (1) was made is ineligible for any benefit until the requirement is satisfied.

5 The following section is added:

Powers of director

6.1 (1) For the purposes of making a decision under this Act, the director, by summons, may require a person

(a) to attend at a place and time mentioned in the summons, which time must be a reasonable time from the date of the summons,

(b) to provide the director with all documents, statements, reports, books, papers or other evidence in the person's possession, custody or power in any way relating to the application, or

(c) to comply with both paragraphs (a) and (b).

(2) A person named in and served with a summons referred to in subsection (1)

(a) must comply with the summons, and

(b) if the summons requires the person to attend under subsection (1) (a), must attend before the director and answer on oath, unless the director orders otherwise, all questions relating to the subject matter of the application.

(3) When the director exercises a power under subsection (1), a person who fails or refuses to comply with subsection (2) is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or a judgment of the Supreme Court.

6 Section 7 is amended

(a) in subsection (1) by striking out "the director may provide a benefit or a part of a benefit on an interim basis" and substituting "but subject to the regulations, the director may provide a benefit or a part of a benefit on an interim basis in the circumstances and subject to the conditions and limitations that the director considers appropriate", and

(b) by repealing subsection (2).

7 Section 8 (2) is amended by striking out "in the prescribed form" and substituting "in a manner satisfactory to the director".

8 Section 9 is amended

(a) by repealing subsection (2) and substituting the following:

(2) Subject to the regulations, the director may refuse to provide or may reduce the amount of, limit, suspend or terminate a benefit

(a) if an applicant or a person for whom an application is made refuses or fails to apply for compensation or for an amount or a service from a source other than under this Act for which the victim, immediate family member or witness is or may be eligible or would have been eligible as a result of the death or injury of a victim,

(b) if, in the opinion of the director, the conduct of the victim, immediate family member or witness directly or indirectly contributed to the victim's death or injury, or

(c) if, in the opinion of the director, the recipient of the benefit engages in conduct or an activity that

(i) is detrimental to the recipient's health or safety,

(ii) undermines the purpose of the benefit, or

(iii) is contrary to a condition imposed on the receipt of the benefit. ,

(b) in subsection (3) by striking out "the director may refuse to provide, or reduce the amount of, a benefit" and substituting "the director may refuse to provide or may reduce the amount of, limit, suspend or terminate a benefit", and

(c) by repealing subsection (4) and substituting the following:

(4) In determining the benefit to be awarded to a victim, an immediate family member or a witness, the director must deduct

(a) an amount received under a judgment or settlement defined in section 8 (1),

(b) a payment received from a restitution or compensation order related to the prescribed offence or to the event that resulted in the victim's death or injury, and

(c) compensation or an amount or a service that the victim, immediate family member or witness has received, or is or may be eligible or would have been eligible to receive, from a source other than under this Act for the same or a similar purpose for which the benefit is to be provided.

(5) If a recipient of a benefit has received or is or may be eligible or would have been eligible to receive compensation or an amount or a service from a source other than under this Act for the same or a similar purpose for which the benefit was provided,

(a) the recipient must, on the request of the director, repay all or a portion of the value of the benefit, up to the amount received from the other source or for which the recipient was eligible or would have been eligible to receive from the other source, or

(b) the director may deduct from any future benefit to be provided to the recipient the amount received from the other source or for which the recipient was eligible or would have been eligible to receive from the other source up to the amount of the benefit provided.

9 Section 12 is repealed and the following substituted:

Information and reassessment

12 (1) A person receiving a benefit or the applicant for that person must, in writing, notify the director as soon as practicable, if the person's circumstances have changed in a manner that affects or may affect the person's eligibility for the benefit.

(2) An applicant, or a person for whom an application has been made under section 3 (1), may at any time

(a) provide the director with new information that may affect the eligibility for a benefit, and

(b) after providing the new information under paragraph (a), request a reassessment of the eligibility for the benefit

of the person by or for whom the application was made.

(3) On the director's own initiative or on receipt of information, the director may reassess a person's eligibility for a benefit.

(4) Subject to the regulations, the director may do any of the following on the basis of the reassessment:

(a) provide, refuse to provide, suspend or terminate the provision of a benefit;

(b) limit, increase or decrease a benefit;

(c) alter the amount, duration, nature, content or form of the benefit;

(d) impose or modify conditions for receipt of the benefit or any other benefit being provided.

(5) The director must notify an applicant, or a person for whom an application has been made under section 3 (1), in writing of the result of the reassessment.

10 Section 13 (1) (b) to (e) is repealed and the following substituted:

(b) refusing to award, provide, limit, suspend or terminate a benefit;

(c) setting or altering the amount, duration, nature, content or form of a benefit awarded;

(d) a decision made under section 9;

(e) refusing to conduct a reassessment under section 12;

(e.1) varying or rescinding a decision of the director under section 12 (4); .

11 Section 14 is amended

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

(b) delegate the reconsideration to one or more persons who did not participate in the decision to be reconsidered. , and

(b) by repealing subsection (4).

12 The following section is added to Part 3:

Judicial review

14.1 (1) Subject to section 12, a decision under section 14 (2) and a decision that is not permitted to be reconsidered under section 13 (1) are final and conclusive and are not open

(a) to review in a court, except on a question of law or excess of jurisdiction, or

(b) to appeal to any body.

(2) An application for judicial review on a question of law or excess of jurisdiction must be brought not later than 60 days after the decision is made that is the subject of the application.

13 Section 18 (2) is amended by adding ", with or without conditions," after "delegate".

14 Section 19 (2) is amended by striking out "or" at the end of paragraph (a), by repealing paragraph (b) and by substituting the following:

(b) section 6 (2), or

(c) section 12 (1).

15 Section 22 is amended

(a) in subsection (2) (a) and (b) by striking out "a prescribed agency" and substituting "an agency",

(b) in subsection (2) (c) by striking out "a prescribed government" and substituting "a government" and by striking out "a prescribed agency" and substituting "an agency",

(c) in subsection (4) by striking out ", after consulting with the Information and Privacy Commissioner,", and

(d) in subsection (4) by repealing paragraphs (a) and (b).

16 The following section is added:

Powers of director

22.1 The director may

(a) enter into agreements, assignments or arrangements for the purposes of this Act,

(b) establish forms for use under this Act, and

(c) subject to the regulations, establish a tariff of fees payable for information, assessments, examinations, documents and reports required under this Act.

17 Section 23 is amended

(a) in subsection (1) by striking out "section 12 or 14" and substituting "section 9, 12 or 14" and by striking out "other than under section 7,", and

(b) by adding the following subsection:

(1.1) Subsection (1) does not apply with respect to section 9, if the recipient of the benefits or the applicant for that person has requested a reassessment under section 12 or a reconsideration under section 13.

18 Section 25 is repealed.

19 Section 26 (2) to (4) is repealed and the following substituted:

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing offences under the Criminal Code for the purposes of section 3 (1) (a) (i);

(b) prescribing additional categories of benefits;

(c) prescribing health professionals or categories of health professionals and establishing different categories for different purposes;

(d) respecting the eligibility of a victim, an immediate family member or a witness for a benefit category or an item of benefit and the manner in which applications are to be made;

(e) respecting the amount, duration, frequency, nature, form, quality and type of a benefit or an item of benefit within each category of benefit;

(f) respecting the conditions and limitations on receipt of a benefit or an item of benefit and the consequences for a person not complying with them;

(g) respecting the alteration, increase, decrease, limiting, suspension and termination of benefits;

(h) respecting the establishment of different benefit categories or items of benefit, or benefits in different forms or amounts, among or within categories of victims, immediate family members, witnesses or applicants;

(i) respecting different eligibility requirements for different categories of victims, immediate family members, witnesses or applicants;

(j) respecting the means by which and the persons to whom benefits are to be provided;

(k) respecting the notification required and the circumstances under which notice is to be given to the director of a change in circumstances of a recipient of a benefit;

(l) respecting any particular circumstances that require the director to refuse, alter, increase, decrease, limit, suspend or terminate a benefit;

(m) respecting the reassessment and reconsideration of benefits and the manner of requesting or conducting a reassessment under section 12 or a reconsideration under section 14;

(n) respecting any power, duty or function of the director under this Act;

(o) defining any word or expression used but not defined in this Act.

(3) Regulations under subsections (1) and (2) may

(a) establish different eligibility requirements, different benefits or categories of benefits, different terms and conditions for receipt of benefits between the persons who applied under the former Act and applicants under this Act,

(b) prohibit applicants under this Act from receiving categories or items of benefit under this Act if they have received or are receiving categories or items of benefit under the former Act that are specified by the regulations, and

(c) adjust, limit, increase, decrease or alter the amount, duration or frequency of compensation awarded under the former Act, or terminate compensation.

(4) In making regulations under this section, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate to the director any or all matters referred to in subsections (2) and (3), including a power to exercise control over any or those matters referred to in those subsections;

(b) confer a discretion on the director, another person or a class of persons;

(c) authorize the director, in circumstances that the director considers are exceptional, to vary a benefit or requirement set out in the regulations on the conditions set out in the regulations.

20 Sections 27 to 29 are repealed and the following substituted:

Interpretation Act

27 Subject to sections 28 and 29 and any regulation made under section 26 (3) or 30 of this Act, sections 35 and 36 (1) of the Interpretation Act apply to all matters affected by the repeal of the former Act and its replacement by this Act.

Transitional

28 (1) In this section and section 29:

"appeal committee" means an appeal committee appointed under section 22 (2) of the former Act;

"appeal division" means the appeal division referred to in the former Act;

"board" means board as defined in the former Act;

"final determination" means a decision of the board that an applicant's eligibility for compensation under the former Act has been determined under section 2 of that Act, whether all, part or none of the compensation awarded has been provided, and whether or not the compensation awarded continues to be provided;

"former application" means an application for compensation received by the board under the former Act before the date section 31 of this Act comes into force.

(2) If, on the date section 20 (6) of the former Act is repealed, the board under section 20 (6)

(a) has received a request to reopen, rehear or redetermine a matter, or

(b) is reopening, rehearing or redetermining a matter,

the board may continue to act under that section with respect to those matters.

(3) If, on the date section 22 (2) of the former Act is repealed, the appeal committee has made a decision to conduct a review under section 22 (2), the appeal committee may continue to act under that section with respect to that review.

(4) If, on the date section 22 (3) of the former Act is repealed,

(a) the appeal committee has received a request under section 22 (3) of the former Act, or

(b) a person is entitled to make a request under section 22 (3) of the former Act and subsequently the appeal committee receives the request within the period specified by section 22 (4) of the former Act,

the appeal committee may continue to act under section 22 of the former Act with respect to that request.

(5) If, on the date section 22 (5) of the former Act is repealed, the appeal division has received a request for a review under section 22 (5) of the former Act, the appeal division may continue to act under that section with respect to that request.

(6) If, on the date section 23 (3) of the former Act is repealed, the appeal division has received a direction from the chief appeal commissioner under section 23 (3) of the former Act, the appeal division may continue to act under that section with respect to the matter that was the subject of the direction.

(7) If the chief appeal commissioner makes a direction referred to in section 23 (3) (d) of the former Act, the direction has no effect unless the applicant to whom the direction applies has complied with the direction before the date section 23 (3) is repealed.

(8) The former Act continues to apply for the purposes of subsections (2) to (6).

Transfer of applications filed under the former Act

29 (1) The board must, as soon as practicable after this Act comes into force, make a final determination with respect to each former application.

(2) Subject to subsection (3) and the regulations under section 30, the former Act ceases to apply to a former application on the earlier of

(a) the date the board makes a final determination with respect to that application, and

(b) the repeal of the former Act.

(3) If a final decision is made under section 20 (6), 22 (2), (3) or (5) or 23 (3) of the former Act relating to a former application for which a final determination has been made by the board, the former Act ceases to apply to that application on the date the final decision is made.

(4) Subject to the regulations under sections 26 (3) and 30, on the date the former Act ceases to apply to a former application, subsections (5) to (9) of this section apply to that application.

(5) A former application is deemed to be an application under this Act, and the former application and compensation awarded under the former Act may be dealt with under this Act.

(6) Any compensation awarded under the former Act is deemed to be a benefit awarded under this Act.

(7) The person who made a former application is deemed to be an applicant under this Act.

(8) If an applicant under the former Act or the person for whom a former application was made has been determined to be a victim or an immediate family member under the former Act, this Act applies as if the applicant or the person were a victim or an immediate family member under this Act.

(9) The director and any person, body or agency to whom the director has delegated his or her powers under this Act may perform all the powers and duties of the director under this Act with respect to a former application or compensation awarded under the former Act and, for purposes of sections 12 to 14, a decision under the former Act is deemed to be a decision under this Act.

21 Section 31 is repealed and the following substituted:

31 Section 26 of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended by striking out "July 1, 1972." and substituting "July 1, 1972 and for which an application is received by the board before the date section 2 of the Crime Victim Assistance Act comes into force."

 
Criminal Records Review Act

22 Section 1 of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended

(a) by repealing the definition of "adjudicator",

(b) by adding the following definitions:

"administrator" means the person designated by regulation as the administrator of the prescribed program;

"deputy registrar" means a person appointed under the Public Service Act as deputy registrar for the purposes of this Act; ,

(c) in the definition of "minister" by striking out ", except in Part 5,", and

(d) by repealing the definition of "registrar" and substituting the following:

"registrar" means a person appointed under the Public Service Act as registrar for the purposes of this Act; .

23 Section 4 is amended

(a) in subsection (1) by adding "and the prescribed fee" after "authorization",

(b) in subsection (2) by striking out "promptly",

(c) in subsection (2) (a) and (b) by striking out "an adjudicator" and substituting "the deputy registrar",

(d) in subsections (3) to (5) by striking out "adjudicator" wherever it appears and substituting "deputy registrar", and

(e) by repealing subsection (4) (a).

24 Sections 4 (4) (e) and 6 (1) (c) are amended by striking out "Minister of Women's Equality" and substituting "administrator".

25 Section 5 is repealed and the following substituted:

Reconsideration

5 (1) The individual who is the subject of a criminal record check may request a reconsideration of the determination of the deputy registrar under section 4 by serving the registrar with written notice within 30 days after the day on which the deputy registrar notifies the individual of the determination.

(2) When the registrar receives a notice within the time limit for requesting a reconsideration under subsection (1), the registrar must review the deputy registrar's determination and any records on which it was based and may, but need not, do one or both of the following in conducting the review:

(a) request additional information from the person requesting the reconsideration;

(b) convene a hearing.

(3) For the purposes of a hearing referred to in subsection (2) (b), the registrar, by summons, may require a person

(a) to attend as a witness, at a place and time mentioned in the summons, which time must be a reasonable time from the date of the summons, and

(b) to bring and produce before the registrar all documents, writings, books, deeds and papers in the person's possession, custody or power touching or in any way relating to the subject matter of the review.

(4) A person named in and served with a summons referred to in subsection (3) must attend before the registrar and answer on oath, unless the registrar directs otherwise, all questions touching the subject matter of the inquiry, and produce all documents, writings, books, deeds and papers in accordance with the summons.

(5) When the registrar exercises a power under subsection (3), a person who fails or refuses to comply with subsection (4) is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(6) After conducting a review under subsection (2), the registrar must

(a) confirm the determination of the deputy registrar, or

(b) overturn the determination of the deputy registrar and direct that the individual does not present a risk of physical or sexual abuse to children.

(7) The registrar must promptly notify the following persons of the decision reached under subsection (6):

(a) the individual;

(b) the employer, if the individual is an employee or an applicant for employment;

(c) the governing body, if the individual is a registered member or an applicant for registration;

(d) the administrator, if the individual is a child care provider or an applicant as defined in Part 5.

(8) The registrar must provide written reasons for the decision reached under subsection (6) to a person referred to in subsection (7), if the person so requests.

26 Section 6 is amended

(a) in subsection (1) by striking out "an adjudicator or appeal panel" and substituting "the registrar or deputy registrar", and

(b) in subsection (2) by striking out "an adjudicator, appeal panel" and substituting "the registrar, the deputy registrar".

27 Sections 11, 16 (1) and 22 (1) are amended

(a) by striking out "an adjudicator" and substituting "the deputy registrar",

(b) by striking out "that determination is not" and substituting "unless that determination is", and

(c) by striking out "an appeal panel" and substituting "the registrar".

28 Section 18 is amended

(a) in the definitions of "applicant" and "child care provider" by striking out "the Child Care Support Program administered by the Ministry of Women's Equality;" and substituting "a prescribed program;", and

(b) by repealing the definition of "minister".

29 Section 19 (1) and (2) is amended by striking out "minister" and substituting "administrator".

30 Section 20 is amended

(a) in subsection (1) by striking out "the Child Care Support Program administered by the minister," and substituting "a prescribed program,",

(b) in subsection (1) by striking out "to the minister." and substituting "to the administrator.", and

(c) in subsection (2) by striking out "minister" and substituting "administrator".

31 Section 21 (1) and (2) (b) is amended by striking out "minister" and substituting "administrator".

32 Section 22 (1) is amended

(a) by striking out "minister" in both places and substituting "administrator", and

(b) by striking out "Child Care Support Program." and substituting "prescribed program."

33 Sections 23 and 24 are amended by striking out "minister" wherever it appears and substituting "administrator".

34 Sections 25 and 26 are repealed.

35 The following sections are added:

Waiver of fees

27.1 The registrar may waive the payment of the prescribed fee payable for a criminal record check if the registrar considers the waiver to be in the public interest.

Delegation

27.2 (1) The registrar may delegate to a person any or all of his or her powers, duties or functions, including, without restriction, powers, duties or functions relating to a reconsideration under section 5.

(2) The deputy registrar may delegate to a person any or all of his or her powers, duties or functions, including, without restriction, powers, duties or functions relating to a determination under section 4.

(3) Subsection (2) does not apply to a power, duty or function delegated to the deputy registrar by the registrar under subsection (1).

36 Section 29 (2) is amended by adding the following paragraphs:

(e) prescribing the fee payable for a criminal record check;

(f) prescribing acceptable methods of paying the fee for a criminal record check;

(g) prescribing programs for the purposes of Part 5 and designating the administrator of a program.

37 The following table amends the Acts listed in Column 1 in the provisions listed opposite them in Column 2

(a) by striking out "an adjudicator" and substituting "the deputy registrar", and

(b) by striking out "an appeal panel" and substituting "the registrar".

Column 1
Act being amended

Column 2
Section or other provision

Chiropractors Act
R.S.B.C. 1996, c. 48

28 (1)

Dentists Act
R.S.B.C. 1996, c. 94

26 (6)
44

Health Emergency Act
R.S.B.C. 1996, c. 182

Supplement, section 1
Supplement, section 2

Health Professions Act
R.S.B.C. 1996, c. 183

20 (3)
33 (2)

Medical Practitioners Act
R.S.B.C. 1996, c. 285

34 (2)
50 (4)

Nurses (Registered) Act
R.S.B.C. 1996, c. 335

14 (5)
39.1 (1)

Optometrists Act
R.S.B.C. 1996, c. 342

22 (4)
30 (14)

Podiatrists Act
R.S.B.C. 1996, c. 366

6 (5)
27 (4)

Social Workers Act
R.S.B.C. 1996, c. 432

5

Teaching Profession Act
R.S.B.C. 1996, c. 449

25 (1) (c)
29

 
Freedom of Information and Protection of Privacy Act

38 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Public Body: 

Criminal Record Check Appeal Panel

Head: 

Chair

Public Body: 

Motion Picture Appeal Board

Head: 

Chair .

 
Motion Picture Act

39 Section 1 of the Motion Picture Act, R.S.B.C. 1996, c. 314, is amended

(a) by adding the following definition:

"designated classification authority" means a person or an agency prescribed as a designated classification authority by the Lieutenant Governor in Council; , and

(b) in the definition of "motion picture distributor" by repealing paragraphs (a) to (e) and by adding "the government of British Columbia or Canada;".

40 Section 2 (6) is repealed and the following substituted:

(6) This section does not apply to the exhibition of a motion picture

(a) under the auspices of the government of British Columbia or Canada,

(b) in prescribed circumstances, or

(c) for a prescribed purpose.

41 Section 5 (1) is repealed and the following substituted:

(1) On receipt of the prescribed fee, the director must ensure that every motion picture and adult motion picture submitted to the director for approval under section 2 (1) or 3 (1) is reviewed, and every motion picture is classified, in accordance with this Act and the regulations.

42 Sections 10 and 11 are repealed.

43 Section 12 (4) is amended by striking out "Unless an appeal is commenced under section 11," and substituting "Unless a reconsideration has been requested under section 12.2,".

44 The following sections are added:

Delegation

12.1 (1) Subject to subsection (2) and the regulations, the director may delegate to any person or class of persons any of the director's powers, duties or functions under this Act, including any power, duty or function referred to in sections 2 to 8, 12 and 12.2.

(2) The delegation of the powers, duties or functions of the director must be in writing and may include any terms or conditions the director considers advisable.

Reconsideration

12.2 (1) A licensee, an applicant for a licence, or an applicant for an exemption from the requirement to be licensed may request the director to reconsider

(a) a decision or an order made under this Act or the regulations, or

(b) a seizure under section 12 (2) or (3).

(2) On receiving a request for reconsideration, the director must reconsider the decision, order or seizure.

(3) The request must be made, and the reconsideration completed, within the time limits and in accordance with any rules specified by regulation.

Agreements

12.3 (1) The minister may enter into agreements for the purposes of this Act.

(2) Without limiting subsection (1), the minister may enter into an agreement with a designated classification authority respecting

(a) its review and classification of films,

(b) its functions and duties, and

(c) other matters related to its functions and duties.

45 Section 14 (2) is amended

(a) by repealing paragraph (h), and

(b) by adding the following paragraphs:

(j) exempting classes of films from the application of one or more provisions of this Act;

(k) exempting classes of motion picture distributors, video distributors, motion picture exhibitors and video retailers from one or more provisions of this Act;

(l) specifying rules of practice and procedure, including time limits and rules of evidence, for the purposes of a reconsideration under section 12.2;

(m) establishing a classification scheme for films, including

(i) the establishment of different classification schemes for different classes of films, and

(ii) the adoption, by reference, with changes that the minister considers appropriate, of a classification scheme for films;

(n) prescribing a designated classification authority.

 
Video Games Act

46 Section 1 of the Video Games Act, S.B.C. 2001, c. 22, is amended by repealing the definition of "appeal board".

47 Section 4 is repealed and the following substituted:

Application of sections 2 and 3

4 Sections 2 (1) and 3 (1) do not apply to the distribution, operation or viewing of a video game

(a) under the auspices of the government of British Columbia or Canada,

(b) in prescribed circumstances, or

(c) for a prescribed purpose.

48 Section 9 (6) is repealed.

49 Section 12 (4) is amended by striking out "Unless an appeal is commenced under section 15," and substituting "Unless a reconsideration has been requested under section 16.1,".

50 Section 14 (1) is amended by striking out "(4) and 13" and substituting "(4), 13 and 16.1".

51 Sections 15 and 16 are repealed.

52 The following section is added:

Reconsideration

16.1 (1) A video game distributor or video game retailer may request the director to reconsider

(a) a decision or an order made under this Act or the regulations, or

(b) a seizure under section 12 (2) or (3).

(2) On receiving a request for reconsideration, the director must reconsider the decision, order or seizure.

(3) The request must be made, and the reconsideration completed, within the time limits and in accordance with any rules specified by regulation.

53 Section 20 (2) is amended

(a) by repealing paragraph (h), and

(b) by adding the following paragraph:

(h.1) specifying rules of practice and procedure, including time limits and rules of evidence, for the purposes of a reconsideration under section 16.1; .

54 Section 22 (5) is amended by striking out "(d) to (f), 15 and 20, and section 19 with respect those sections." and substituting "(d) to (f) and 20, and section 19 with respect to those sections."

55 Section 26 is repealed.

Transitional -- Criminal Records Review Act

56 (1) If, on the date section 23 of this Act comes into force, the registrar has referred a matter under section 4 (2) of the Criminal Records Review Act to an adjudicator to determine whether the conviction or outstanding charge indicates that the individual presents a risk of physical or sexual abuse to children,

(a) the determination must be conducted in accordance with section 4 of the Criminal Records Review Act as it read before section 23 of this Act came into force, and

(b) section 5 of the Criminal Records Review Act, as it read before section 25 of this Act came into force, applies to that determination.

(2) If, on the date section 25 of this Act comes into force, the registrar has received a notice within the time limit for an appeal under section 5 of the Criminal Records Review Act, as it read before section 25 of this Act came into force, the appeal must be conducted in accordance with section 5 of the Criminal Records Review Act as it read before section 25 of this Act came into force.

(3) Despite section 34 of this Act, sections 25 and 26 of the Criminal Records Review Act, as those sections read before the coming into force of section 34 of this Act, continue to apply for the purposes of subsections (1) and (2).

Transitional -- Motion Picture Act

57 Despite section 42 of this Act, sections 10 and 11 of the Motion Picture Act, as those sections read before the coming into force of section 44 of this Act, continue to apply to any decision, order or seizure that was appealed under section 11 of the Motion Picture Act before the coming into force of section 44 of this Act.

Commencement

58 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

 
Crime Victim Assistance Act

SECTION 1: [Crime Victim Assistance Act, amends section 3 (1)]

(a) 

 eliminates the requirement to apply with a prescribed form,

(b) 

permits children of a deceased victim who are under 19 years of age to apply for benefits even though they have not experienced economic loss or psychological harm, and

(c) 

specifically permits an immediate family member to apply on behalf of a physically or mentally incapable relative who does not have a legal representative.

SECTION 2: [Crime Victim Assistance Act, adds section 3 (6)] permits the director to treat 2 or more prescribed offences as one prescribed offence if, in the opinion of the director, the offences are related or connected.

SECTION 3: [Crime Victim Assistance Act, amends section 4]

 

adds clarification and reorganizes the categories of benefits that may be awarded under the Act, but makes the awarding of these named benefits subject to the regulations;

 

clarifies that a benefit may be provided as a periodic payment, or as a lump sum payment or as a product or service, or as any combination of these, and permits the director to convert a lump sum to periodic payments and convert periodic payments to a lump sum;

 

deletes the requirement that some of the sources of other payments or services for which an applicant is or may be eligible must be prescribed in regulations.

SECTION 4: [Crime Victim Assistance Act, re-enacts section 6]

 

reduces the number of matters that must be prescribed in regulations;

 

permits the director to require a person who is not a medical practitioner, a health professional or an expert to provide reports to the director if authorized to do so by or on behalf of the person to whom the information relates.

SECTION 5: [Crime Victim Assistance Act, enacts section 6.1]

 

permits the director, for the purpose of making a decision under this Act, to issue a summons to require a person to appear in person, to provide documents or other evidence or to do all of these;

 

if a person fails to comply with a summons, the director may apply to the British Columbia Supreme Court for an order enforcing the summons.

SECTION 6: [Crime Victim Assistance Act, amends section 7 (1) and repeals subsection 7 (2)] in subsection (1), parallels the wording used in section 4, and ends the prohibition against recovery of benefits provided on an interim basis.

SECTION 7: [Crime Victim Assistance Act, amends section 8 (2)] provides that benefits received under the Act may be assigned to the director in a manner satisfactory to the director, rather than in a prescribed form.

SECTION 8: [Crime Victim Assistance Act, amends section 9]

 

expands the circumstances in which the director may refuse to provide or reduce, limit, suspend or terminate a benefit to include the following:

 

the recipient is engaged in conduct that is detrimental to his or her health or safety;

 

the recipient acts in a manner contrary to the purpose of the benefit;

 

the recipient fails to comply with the conditions imposed on receipt of the benefit;

 

provides that if a recipient of a benefit under the Crime Victim Assistance Act has received, is eligible or would have been eligible to receive compensation or a service for the same or a similar purpose from another source, the director may refuse to provide or reduce, limit, suspend or terminate benefits under the Act, deduct the amount paid from future benefits or require the recipient to repay all or a portion of the amount paid;

 

requires that the director offset the amount of a judgment or the amount received in restitution or in compensation order from a benefit awarded under the Act, rather than refuse to award the benefit under the Act.

SECTION 9: [Crime Victim Assistance Act, re-enacts section 12]

 

modifies the obligation of a person receiving benefits to notify the director as soon as the person's circumstances affect or may affect his or her eligibility for benefits by no longer requiring that it be done in the prescribed manner, time and circumstances;

 

allows a person receiving benefits, or someone on behalf of that person, to provide the director with new information and request a reassessment at any time;

 

permits the director to reassess the granting of a benefit on the director's initiative.

SECTION 10: [Crime Victim Assistance Act, amends section 13 (1)] substitutes wording and references consequential to the amendments to sections 9 and 12 by this Bill.

SECTION 11: [Crime Victim Assistance Act, amends section 14] permits the director to delegate his or her powers, functions and duties to any persons and not only to members of the public service, and repeals subsection (4) as that subsection is included in the new section 14.1.

SECTION 12: [Crime Victim Assistance Act, enacts section 14.1] permits a review by the courts under the Judicial Review Procedure Act only if an application for judicial review is filed within 60 days of the decision to be reviewed.

SECTION 13: [Crime Victim Assistance Act, amends section 18 (2)] permits the setting of terms and conditions on the director's delegation to another person under this section.

SECTION 14: [Crime Victim Assistance Act, amends section 19 (2)] updates a cross-reference and makes contravention of section 6 (2) an offence.

SECTION 15: [Crime Victim Assistance Act, amends section 22]

 

permits the minister to enter into agreements with agencies of Canada or of other provincial governments, or with governments or agencies outside Canada, without those bodies being prescribed;

 

no longer requires the Lieutenant Governor in Council to consult with the Information and Privacy Commissioner before enacting regulations related to information-sharing agreements.

SECTION 16: [Crime Victim Assistance Act, enacts section 22.1] expands the powers of the director.

SECTION 17: [Crime Victim Assistance Act, amends section 23] is consequential to the repeal of section 7 (2) and to the amendments to section 9.

SECTION 18: [Crime Victim Assistance Act, repeals section 25] repeals a spent provision.

SECTION 19: [Crime Victim Assistance Act, repeals and replaces section 26 (2) to (4)] expands the regulation making powers of the Lieutenant Governor in Council.

SECTION 20: [Crime Victim Assistance Act, re-enacts sections 27 to 29] enacts transitional provisions that clarify how matters under the Criminal Injury Compensation Act are to be dealt with on the repeal of the Criminal Injury Compensation Act and on the coming into force of the Crime Victim Assistance Act.

SECTION 21: [Crime Victim Assistance Act, re-enacts section 31] removes an unnecessary transitional amendment to the Criminal Injury Compensation Act.

 
Criminal Records Review Act

SECTION 22: [Criminal Records Review Act, amends section 1] adds, removes and amends definitions.

SECTION 23: [Criminal Records Review Act, amends section 4]

(a) 

adds a requirement that the registrar receive the prescribed fee before the registrar carries out a criminal record check,

(b) to (d) 

removes "promptly" and replaces references to "adjudicator" with "deputy registrar", and

(e) 

removes the requirement for the deputy registrar to notify the registrar of the determination under section 4 (2) (a) of the Act.

SECTION 24: [Criminal Records Review Act, amends sections 4 (4) (e) and 6 (1) (c)] replaces a ministerial reference with a defined term.

SECTION 25: [Criminal Records Review Act, re-enacts section 5] replaces the appeal to an appeal panel with a reconsideration by the registrar of the deputy registrar's determination.

SECTION 26: [Criminal Records Review Act, amends section 6 (1) and (2)] replaces references to "adjudicator" and "appeal panel" with "deputy registrar" and "registrar" respectively.

SECTION 27: [Criminal Records Review Act, amends sections 11, 16 (1) and 22 (1)]

(a) 

replaces references to "adjudicator" with "deputy registrar",

(b) 

clarifies that, if an adjudicator determines that the individual presents a risk of physical or sexual abuse to children, an employer must ensure that an individual or employee does not work with children, the governing body must investigate or review the individual's registration or application for registration, or the minister must not register the individual or revoke the registration of the individual, unless that determination is overturned by the registrar, and

(c) 

replaces references to "appeal panel" with "registrar".

SECTION 28: [Criminal Records Review Act, amends section 18] repeals a definition and replaces references to a specific program with a reference to "a prescribed program".

SECTION 29: [Criminal Records Review Act, amends section 19 (1) and (2)] replaces a ministerial reference with a defined term.

SECTION 30: [Criminal Records Review Act, amends section 20 (1) and (2)] replaces a reference to a specific program with a reference to "a prescribed program" and replaces ministerial references with a defined term.

SECTION 31: [Criminal Records Review Act, amends section 21 (1) and (2) (b)] replaces ministerial references with a defined term.

SECTION 32: [Criminal Records Review Act, amends section 22 (1)] replaces a reference to a specific program with a reference to "a prescribed program" and replaces ministerial references with a defined term.

SECTION 33: [Criminal Records Review Act, amends sections 23 and 24] replaces ministerial references with a defined term.

SECTION 34: [Criminal Records Review Act, repeals sections 25 and 26] removes provisions respecting the appointment of adjudicators and the remuneration of adjudicators and the appeal panel.

SECTION 35: [Criminal Records Review Act, enacts sections 27.1 and 27.2]

 

allows the registrar to waive the payment of the fee required for a criminal record check;

 

allows the registrar and deputy registrar to delegate their functions, powers and duties.

SECTION 36: [Criminal Records Review Act, adds section 29 (2) (e) to (g)] allows the Lieutenant Governor in Council to prescribe the amount and methods of payment of the fee payable for a criminal record check and to prescribe programs for the purposes of Part 5.

SECTION 37: [Criminal Records Review Act, amends various Acts]

(a) 

replaces references to "adjudicator" with "deputy registrar", and

(b) 

replaces references to "appeal panel" with "registrar".

 
Freedom of Information and Protection of Privacy Act

SECTION 38: [Freedom of Information and Protection of Privacy Act, amends Schedule 2] is self explanatory.

 
Motion Picture Act

SECTION 39: [Motion Picture Act, amends section 1] adds a definition of "designated classification authority" and eliminates a number of exemptions from the definition of "motion picture distributor".

SECTION 40: [Motion Picture Act, repeals and replaces section 2 (6)] eliminates the exemption of certain educational institutions from approval requirements, and provides for exhibition of a motion picture without approval in circumstances or for purposes prescribed by regulation.

SECTION 41: [Motion Picture Act, repeals and replaces section 5 (1)] allows films to be reviewed and classified by someone other than the director.

SECTION 42: [Motion Picture Act, repeals sections 10 and 11] repeals sections establishing the appeal board and its procedures.

SECTION 43: [Motion Picture Act, amends section 12 (4)] replaces a reference to an appeal with a reference to a reconsideration.

SECTION 44: [Motion Picture Act, enacts sections 12.1 to 12.3]

 

authorizes the director to delegate any of the director's duties, powers and functions;

 

provides for the director's reconsideration of decisions, orders and seizures made pursuant to the Act;

 

provides for regulations outlining the rules to be followed in completing a reconsideration;

 

authorizes the minister to make agreements, including agreements with a designated classification authority.

SECTION 45: [Motion Picture Act, amends section 14 (2)] repeals the provision respecting appeal board procedures and authorizes the Lieutenant Governor in Council to make regulations exempting classes of films or licensees from application of the Act, specifying rules to be followed in reconsiderations, and respecting new classification procedures.

 
Video Games Act

SECTION 46: [Video Games Act, amends section 1] repeals the definition of "appeal board", consequential to the elimination of the appeal board under the Motion Picture Act.

SECTION 47: [Video Games Act, re-enacts section 4] eliminates the exemption of certain educational institutions from approval requirements.

SECTION 48: [Video Games Act, repeals section 9 (6)] removes the director's discretionary ability to reconsider a particular matter in view of the director's more general ability to reconsider decisions, orders and seizures under the new section 16.1.

SECTION 49: [Video Games Act, amends section 12 (4)] replaces a reference to an appeal with a reference to a reconsideration.

SECTION 50: [Video Games Act, amends section 14 (1)] enables the director to delegate a reconsideration of a decision, an order or a seizure.

SECTION 51: [Video Games Act, repeals sections 15 and 16] repeals the sections establishing the procedure for appeals to and expenses of the appeal board.

SECTION 52: [Video Games Act, enacts section 16.1] provides for the director's reconsideration of decisions, orders and seizures made under the Act, allows the director to delegate a reconsideration where the director made the initial decision, and provides for regulations outlining the rules to be followed in completing a reconsideration.

SECTION 53: [Video Games Act, amends section 20 (2)] eliminates the ability of the Lieutenant Governor in Council to make regulations concerning appeals to the appeal board and replaces this with the power of the Lieutenant Governor in Council to establish procedures to be followed in the reconsideration of decisions, orders and seizures.

SECTION 54: [Video Games Act, amends section 22 (5)] removes part of a transitional provision that refers to the appeal board.

SECTION 55: [Video Games Act, repeals section 26] repeals a not in force amendment to the Motion Picture Act enacting section 12.1, which authorized the director to delegate, as that authority is provided in the new section 12.1 of the Motion Picture Act enacted by this Bill.

SECTION 56: [Transitional -- Criminal Records Review Act] provides for determinations and appeals that are in progress when this Bill comes into force.

SECTION 57: [Transitional -- Motion Picture Act] continues the application of the appeal board for all appeals commenced before the coming into force of section 43 of this Bill.


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