2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GEOFF PLANT
ATTORNEY GENERAL AND MINISTER RESPONSIBLE
FOR TREATY NEGOTIATIONS
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act:
"administrative tribunal" means a tribunal to which this Act or any section of this Act applies as provided under another Act;
"appointing authority" means the person or the Lieutenant Governor in Council who, under another Act, has the power to appoint the chair, vice chair and members, or any of them, to an administrative tribunal;
"member" means a person appointed to an administrative tribunal to which a section of this Act applies.
2 (1) The chair of the administrative tribunal may be appointed by the appointing authority, after a merit based process, to hold office for an initial term of 3 to 5 years.
(2) A member may be reappointed by the appointing authority as the chair of the administrative tribunal for additional terms of up to 5 years.
3 (1) A member, other than the chair, may be appointed by the appointing authority, after a merit based process and consultation with the chair, to hold office for an initial term of 2 to 4 years.
(2) A member may be reappointed by the appointing authority as a member of the administrative tribunal for additional terms of up to 5 years.
4 (1) If the chair expects to be absent or is absent, the chair may designate a vice chair as the acting chair.
(2) If the chair expects to be absent or is absent and there is no vice chair, the chair may designate a member as the acting chair.
(3) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time, the appointing authority may designate a vice chair as the acting chair.
(4) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time and there is no vice chair, the appointing authority may designate a member as the acting chair.
(5) Subsections (3) and (4) apply whether or not a person is designated, under the Act under which the chair is appointed, to act on behalf of the chair.
(6) A person designated under any of subsections (1) to (4) has all the powers and may perform all the duties of the chair.
5 If a member is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the appointing authority, after consultation with the chair, may appoint another person, who would otherwise be qualified for appointment as a member, to replace the member until the member returns to duty or the member's term expires, whichever comes first.
6 (1) If the administrative tribunal requires additional members, after consultation with the minister responsible for the Act under which the administrative tribunal is established, the chair may appoint an individual, who would otherwise be qualified for appointment as a member, to be a member for up to 6 months.
(2) Under subsection (1), an individual may be appointed to the tribunal only once in any 2 year period.
(3) An appointing authority may establish conditions and qualifications for appointments under subsection (1).
7 (1) If a member resigns or their appointment expires, the chair may authorize that individual to continue to exercise powers as a member of the administrative tribunal in any proceeding over which that individual had jurisdiction immediately before the end of their term.
(2) An authorization under subsection (1) continues until a final decision in that proceeding is made.
(3) If a person performs duties under subsection (1), section 10 applies.
8 The appointing authority may terminate the appointment of the chair, a vice chair or a member for cause.
9 The chair is responsible for the effective management and operation of the tribunal and the organization and allocation of work among the members.
10 In accordance with general directives of the Treasury Board, members may be paid remuneration and must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in carrying out their duties.
Agricultural Land Commission Act
11 Section 5 (2), (3) and (5) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is repealed and the following substituted:
(2) The Lieutenant Governor in Council must
(a) appoint one individual as a member and the chair of the commission after a merit based process, and
(b) appoint one or more individuals as vice chairs of the commission after a merit based process and consultation with the chair.
(3) The minister may appoint the members of the commission other than the chair and vice chairs after a merit based process and consultation with the chair.
12 The following section is added:
5.1 The Administrative Tribunals Appointment and Administration Act applies to the commission.
Assessment Act
13 Section 31 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended
(a) by repealing subsections (1) to (4) and substituting the following:
(1) The minister must appoint property assessment review panels, each comprised of 3 members, to review and consider the annual assessments of land and improvements in British Columbia.
(2) The minister must appoint and designate one member of each panel as the chair of the panel, after a merit based process, to hold office for an initial term of 3 to 5 years.
(3) The minister may appoint members of a panel, other than the chair, after a merit based process, to hold office for an initial term of 2 to 4 years.
(4) A member may be reappointed by the minister as a member or chair of a panel for additional terms of up to 5 years. , and
(b) by adding the following subsections:
(6) If a member is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the minister may appoint another person, who would otherwise be qualified for appointment as a member, to replace the member until the member returns to duty or the member's term expires, whichever comes first.
(7) Sections 1, 4, 6 to 8 and 10 of the Administrative Tribunals Appointment and Administration Act apply to a review panel.
14 Section 43 (1), (3) and (5) to (7) is repealed and the following substituted:
(1) The property assessment appeal board is continued consisting of at least 6 members appointed after a merit based process as follows:
(a) one member appointed and designated by the Lieutenant Governor in Council as the chair;
(b) one or more members appointed and designated by the Lieutenant Governor in Council as vice chairs after consultation with the chair;
(c) other members appointed by the Lieutenant Governor in Council after consultation with the chair.
(3) The Administrative Tribunals Appointment and Administration Act applies to the property assessment appeal board.
15 Section 44 (7) is repealed.
Community Care and Assisted Living Act
16 Section 29 (1) and (13) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is repealed and the following substituted:
(1) The Community Care and Assisted Living Appeal Board is continued consisting of individuals appointed after a merit based process as follows:
(a) a member appointed and designated by the Lieutenant Governor in Council as the chair;
(b) other members appointed by the Lieutenant Governor in Council after consultation with the chair.
(1.1) The Lieutenant Governor in Council may designate one of the members as vice chair after consultation with the chair.
(1.2) The Administrative Tribunals Appointment and Administration Act applies to the board.
Employment and Assistance Act
17 Section 19 (2) to (4) of the Employment and Assistance Act, S.B.C. 2002, c. 40, is repealed and the following substituted:
(2) The tribunal consists of the following individuals appointed after a merit based process:
(a) a member appointed by the Lieutenant Governor in Council and designated as the chair;
(b) one or more members appointed by the Lieutenant Governor in Council and designated as vice chairs after consultation with the chair;
(c) other members appointed by the minister after consultation with the chair.
(3) To be eligible for an appointment under subsection (2), a person must have the prescribed qualifications.
18 The following section is added:
19.1 Sections 1 to 9 of the Administrative Tribunals Appointment and Administration Act apply to the Employment and Assistance Appeal Tribunal.
Employment Standards Act
19 Section 1 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by repealing the definition of "adjudicator" and adding the following definition:
"representative member" means a member of the tribunal appointed under section 102 (c); .
20 Sections 102 to 104 are repealed and the following substituted:
102 The Employment Standards Tribunal is continued consisting of
(a) a member appointed by the Lieutenant Governor in Council as the chair after a merit based process,
(b) members appointed by the minister after a merit based process and consultation with the chair, and
(c) any representative members appointed by the minister, after consultation with the chair, with equal representation from individuals with experience in employers' interests and from individuals with experience in employees' interests.
103 The Administrative Tribunals Appointment and Administration Act applies to the tribunal.
104 (1) The chair may
(a) carry out any duty, power or function of the tribunal or a member, and
(b) delegate to a member a function, duty or power of the chair.
(2) While acting as chair under subsection (1) (b), a member has the power and authority of the chair.
21 Section 105 (2) is amended by striking out "under section 102 (2) as an adjudicator" and substituting "under section 102 (b) as a member".
22 Section 106 (4) is repealed and the following substituted:
(4) A panel may consist of one, 3 or 5 members, but if representative members are appointed to a panel, there must be an equal number of representative members who have experience in employers' interests and who have experience in employees' interests.
Environmental Management Act
23 Section 93 (3) to (6) of the Environmental Management Act is repealed and the following substituted:
(3) The appeal board consists of the following individuals appointed by the Lieutenant Governor in Council after a merit based process:
(a) a member designated as the chair;
(b) one or more members designated as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair.
(4) The Administrative Tribunals Appointment and Administration Act applies to the appeal board.
Expropriation Act
24 Section 53 (1) to (3), (5) and (7) of the Expropriation Act, R.S.B.C. 1996, c. 125, is repealed and the following substituted:
(1) The Expropriation Compensation Board is continued consisting of the following individuals appointed by the Lieutenant Governor in Council after a merit based process:
(a) a member designated as the chair;
(b) a member designated as the vice chair after consultation with the chair;
(c) other members appointed after consultation with the chair.
(5) Inquiry officers must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of their duties under this Act and may be paid remuneration for their services and serve in accordance with other terms and conditions as the Lieutenant Governor in Council may order.
25 The following section is added:
53.1 The Administrative Tribunals Appointment and Administration Act applies to the board.
Financial Institutions Act
26 Section 202 of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended
(a) in subsection (1) by repealing paragraphs (a) to (c) and substituting the following:
(a) one member appointed by the Lieutenant Governor in Council as the chair after a merit based process;
(b) the deputy minister;
(c) other members, if any, appointed by the Lieutenant Governor in Council after a merit based process and consultation with the chair. ,
(b) in subsection (2) by adding "after consultation with the chair" after "vice chair", and
(c) by repealing subsections (4) and (6).
27 The following section is added:
202.1 Sections 1 to 3, 5 to 8 and 10 of the Administrative Tribunals Appointment and Administration Act apply to the commission.
Fire Services Act
28 Section 2 (1) (a) of the Fire Services Act, R.S.B.C. 1996, c. 144, is repealed and the following substituted:
(a) appoint a fire commissioner after a merit based process, .
Forest and Range Practices Act
29 Section 136 (2) to (6) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is repealed and the following substituted:
(2) The board consists of the following members appointed by the Lieutenant Governor in Council after a merit based process:
(a) a member designated as the chair;
(b) one or more members designated as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair.
(5) The Administrative Tribunals Appointment and Administration Act applies to the board.
(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of persons appointed under the regulations to carry out audits.
Forest Practices Code of British Columbia Act
30 Section 190 (2) to (6) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is repealed and the following substituted:
(2) The board consists of the following members appointed by the Lieutenant Governor in Council after a merit based process:
(a) a member designated as the chair;
(b) one or more members designated as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair.
(5) The Administrative Tribunals Appointment and Administration Act applies to the board.
(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of persons appointed under the regulations to carry out audits.
31 Section 194 (2) to (6) is repealed and the following substituted:
(2) The commission consists of the following members appointed by the Lieutenant Governor in Council after a merit based process:
(a) a member designated as the chair;
(b) one or more members designated as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair.
(3) The Administrative Tribunals Appointment and Administration Act applies to the commission.
Hospital Act
32 Section 46 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended
(a) by repealing subsection (1) and substituting the following:
(1) The Hospital Appeal Board, consisting of the members appointed under subsection (4), is continued for the purpose of providing practitioners appeals from
(a) a decision of a board of management that modifies, refuses, suspends, revokes or fails to renew a practitioner's permit to practise in a hospital, or
(b) the failure or refusal of a board of management to consider and decide on an application for a permit.
(1.1) The Lieutenant Governor in Council, by regulation, may specify the powers, duties, functions, practices and procedures of the Hospital Appeal Board.
(1.2) For the purposes of an appeal before the Hospital Appeal Board,
(a) three members constitute a quorum, and
(b) a decision must be by majority. ,
(b) in subsection (2) by striking out "A hospital appeal board" and substituting "The Hospital Appeal Board",
(c) in subsections (3), (5), (6) (b) and (8) by striking out "a hospital appeal board" and substituting "the Hospital Appeal Board", and
(d) by repealing subsections (4), (7) and (9) and substituting the following:
(4) After a merit based process, the minister may appoint 10 members of the Hospital Appeal Board as follows:
(a) one member designated as the chair;
(b) one member designated as the vice chair after consultation with the chair;
(c) other members appointed after consultation with the chair.
(4.1) For the purposes of subsection (4), 5 of the members of the Hospital Appeal Board must be appointed as follows:
(a) one member selected from among 3 or more individuals nominated by the executive body of the College of Physicians and Surgeons of British Columbia;
(b) one member selected from among 3 or more individuals nominated by the executive body of the College of Dental Surgeons of British Columbia;
(c) one member selected from among 3 or more individuals nominated by the executive body of the College of Midwives of British Columbia;
(d) one member selected from among 3 or more individuals nominated by the executive body of the British Columbia Medical Association;
(e) one member selected from among 3 or more individuals nominated by the executive body of the Health Association of British Columbia.
(4.2) The Administrative Tribunals Appointment and Administration Act applies to the Hospital Appeal Board.
Human Rights Code
33 Section 1 of the Human Rights Code, R.S.B.C. 1996, c. 210, is amended
(a) in the definition of "chair" by striking out "section 31 (2)" and substituting "section 31 (1) (a)",
(b) in the definition of "member" by striking out "section 31 (1)" and substituting "section 31 (1) (b)", and
(c) in the definition of "tribunal" by striking out "established" and substituting "continued".
34 Sections 31, 31.1 and 32 are repealed and the following substituted:
31 (1) The British Columbia Human Rights Tribunal is continued consisting of the following individuals appointed by the Lieutenant Governor in Council after a merit based process:
(a) a member designated as the chair;
(b) other members appointed after consultation with the chair.
(2) All members hold office for an initial term of 5 years and may be reappointed for additional terms of 5 years.
32 Sections 1 and 4 to 10 of the Administrative Tribunals Appointment and Administration Act apply to the tribunal.
Industry Training Authority Act
35 Section 10 of the Industry Training Authority Act, S.B.C. 2003, is amended by renumbering the section as section 10 (1) and by adding the following subsection:
(2) The Administrative Tribunals Appointment and Administration Act applies to the appeal board.
Labour Relations Code
36 Section 115 the Labour Relations Code, R.S.B.C. 1996, c. 244, is repealed and the following substituted:
115 (1) The Labour Relations Board is continued consisting of a chair, vice chairs and as many members equal in number representative of employers and employees, respectively, as the Lieutenant Governor in Council considers proper, all of whom are to be appointed by the Lieutenant Governor in Council after a merit based process.
(2) For the purposes of subsection (1), the chair must be consulted before the appointment of vice chairs and members.
115.1 The Administrative Tribunals Appointment and Administration Act applies to the Labour Relations Board.
37 Sections 130 and 131 are repealed.
Local Government Act
38 Section 693 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a) by repealing subsections (1) to (3) and (5) and substituting the following:
(1) The Building Code Appeal Board is continued consisting of the following members appointed by the minister after a merit based process:
(a) one member designated as the chair;
(b) other members appointed after consultation with the chair. , and
(b) by adding the following subsection:
(9) Sections 1 to 8 and 10 of the Administrative Tribunals Appointment and Administration Act apply to the appeal board.
Manufactured Home Park Tenancy Act
39 Section 79 (2) and (3) of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is repealed and the following substituted:
(2) An arbitrator may be appointed to hold office for an initial term of 2 to 4 years and may be reappointed for additional terms of up to 5 years.
(3) An individual is not eligible for appointment as an arbitrator unless
(a) he or she has successfully completed a merit based process established or approved by the director, or
(b) he or she has previously been appointed as an arbitrator under this Act.
40 The following sections are added:
79.1 If an arbitrator is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the minister, after consultation with the director, may appoint another person, who would otherwise be qualified for appointment as an arbitrator, to replace the arbitrator until the arbitrator returns to duty or the arbitrator's term expires, whichever comes first.
79.2 (1) The director may appoint an individual, who would otherwise be qualified for appointment as an arbitrator, to be an arbitrator for up to 6 months.
(2) Under subsection (1), an individual may be appointed to be an arbitrator only once in any 2 year period.
(3) The minister may establish conditions and qualifications for appointments under subsection (1).
79.3 The minister may terminate the appointment of an arbitrator for cause.
41 Section 94 (2) is amended by striking out "79 (3)" and substituting "79 (2) and (3) (b)".
Mental Health Act
42 Section 1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by adding the following definitions:
"chair" means the chair appointed under section 24.1 (1) (a);
"review panel" means a review panel established under section 24.1 (2); .
43 The following section is added:
24.1 (1) The minister may establish a board consisting of the following members appointed after a merit based process:
(a) a chair appointed by the minister;
(b) members appointed by the minister after consultation with the chair.
(2) From among the members of the board, the chair may establish one or more review panels to conduct hearings and for each review panel may
(a) specify the number of its members,
(b) appoint its members, and
(c) designate a member to chair the panel.
(3) A review panel must include
(a) a medical practitioner,
(b) a member in good standing of the Law Society of British Columbia or a person with equivalent training, and
(c) a person who is not a medical practitioner or a lawyer.
(4) For matters heard under this Act by review panels, the chair may
(a) schedule the times the matters will be heard,
(b) assign a matter for hearing to a review panel,
(c) reassign a matter for hearing from one review panel to another review panel, or
(d) schedule 2 or more review panels to hear separate matters at the same time.
(5) A determination of a review panel under this Act is final and conclusive and is not open to
(a) review in a court except on a question of law or excess of jurisdiction, or
(b) appeal to any body.
(6) The Administrative Tribunals Appointment and Administration Act applies to the board and members of review panels.
(7) A review panel has the power, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
44 Section 25 is amended
(a) in subsection (1.1) by striking out "a chair appointed under subsection (7)" and substituting "the chair appointed under section 24.1 (1) (a)",
(b) by adding the following subsection:
(2.2) Despite any defect or apparent defect in the authority for the initial or continued detention of a patient detained under section 22, a review panel must conduct a hearing and determine whether the detention should continue because the factors in section 22 (3) (a) (ii) and (c) continue to describe the condition of the patient. ,
(c) in subsection (3) by striking out "A chair appointed under subsection (7)" and substituting "The chair appointed under section 24.1 (1) (a)", and
(d) by repealing subsections (4) and (5) to (8).
Miscellaneous Statutes Amendment Act (No. 2), 2002
45 Sections 48 to 50 of the Miscellaneous Statutes Amendment Act (No. 2), 2002, S.B.C. 2002, c. 48, are repealed.
Motor Carrier Act
46 Section 31 of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended
(a) by repealing subsections (1), (4) to (6), (8) and (9) and substituting the following:
(1) The Motor Carrier Commission is continued consisting of at least 7 persons appointed as follows by the Lieutenant Governor in Council after a merit based process:
(a) one member appointed as the chair;
(b) one or more members appointed as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair.
(9) If, in the opinion of the Lieutenant Governor in Council, a commissioner has an interest in a matter before the commission, the Lieutenant Governor in Council may appoint another person to act as commissioner in the place of the commissioner who has that interest. , and
(b) in subsection (11) (b) by striking out "chair, deputy chair or acting chair," and substituting "chair, a vice chair or a chair of a panel,".
47 The following section is added:
31.1 The Administrative Tribunals Appointment and Administration Act applies to the commission.
Natural Products Marketing (BC) Act
48 Section 3 (1) and (2) of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is repealed and the following substituted:
(1) The British Columbia Farm Industry Review Board is continued consisting of up to 10 individuals appointed as follows by the Lieutenant Governor in Council after a merit based process:
(a) one member designated as the chair;
(b) one or more members designated as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair.
49 The following section is added:
3.1 The Administrative Tribunals Appointment and Administration Act applies to the Provincial board.
Parole Act
50 Section 2 of the Parole Act, R.S.B.C. 1996, c. 346, is repealed and the following substituted:
2 (1) The Board of Parole for the Province of British Columbia is continued consisting of the following members selected from persons who meet the prescribed criteria and after a merit based process:
(a) one member appointed and designated by the Lieutenant Governor in Council as the chair;
(b) at least 3 other members appointed by the Lieutenant Governor in Council after consultation with the chair.
(2) The Lieutenant Governor in Council may designate one of the members as the vice chair after consultation with the chair.
(3) Sections 1 to 6 and 8 to 10 of the Administrative Tribunals Appointment and Administration Act apply to the board.
51 Section 3 (1) is repealed.
Petroleum and Natural Gas Act
52 Section 13 (1) and (3) (c) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed and the following substituted:
(1) The Mediation and Arbitration Board is continued consisting of up to 9 individuals appointed as follows by the Lieutenant Governor in Council after a merit based process:
(a) one member designated as the chair;
(b) one member designated as the vice chair after consultation with the chair;
(c) other members appointed after consultation with the chair.
(6) The Administrative Tribunals Appointment and Administration Act applies to the board.
Public Sector Employers Act
53 Section 14.9 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended
(a) in subsection (1) by striking out "This Part" and substituting "Division 3 of this Part", and
(b) by adding the following subsections:
(3) The appointment of a person referred to in subsection (1) may be terminated without notice before the end of the term of their appointment on payment of the lesser of
(a) 12 months' compensation, or
(b) the compensation in an amount equal to the remuneration otherwise owing until the end of the term.
(4) An amount paid under subsection (3) must be in the form of periodic payments unless the employer, in its sole discretion, considers a lump sum payment to be more appropriate.
(5) For greater certainty, the Lieutenant Governor in Council may, for the designated tribunals referred to in the Schedule, prescribe further employment termination standards that are not inconsistent with this section.
54 The Schedule is amended by adding the following as designated tribunals:
Agricultural Land Commission
Community Care and Assisted Living Appeal Board
Industry Training Appeal Board
Safety Standards Appeal Board
Workers' Compensation Appeal Tribunal .
Residential Tenancy Act
55 Section 86 (2) and (3) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is repealed and the following substituted:
(2) An arbitrator may be appointed to hold office for an initial term of 2 to 4 years and may be reappointed for additional terms of up to 5 years.
(3) An individual is not eligible for appointment as an arbitrator unless
(a) he or she has successfully completed a merit based process established or approved by the director, or
(b) he or she has previously been appointed as an arbitrator under this Act.
56 The following sections are added:
86.1 If an arbitrator is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the minister, after consultation with the director, may appoint another person, who would otherwise be qualified for appointment as an arbitrator, to replace the arbitrator until the arbitrator returns to duty or the arbitrator's term expires, whichever comes first.
86.2 (1) If additional arbitrators are required, the director may appoint an individual, who would otherwise be qualified for appointment as an arbitrator, to be an arbitrator for up to 6 months.
(2) Under subsection (1), an individual may be appointed to be an arbitrator only once in any 2 year period.
(3) The minister may establish conditions and qualifications for appointments under subsection (1).
86.3 The minister may terminate the appointment of an arbitrator for cause.
57 Section 102 (2) is amended by striking out "86 (3)" and substituting "86 (2) and (3) (b)".
Safety Standards Act
58 Sections 43, 44 and 47 of the Safety Standards Act, S.B.C. 2003, are repealed and the following substituted:
43 (1) The Safety Standards Appeal Board is established consisting of
(a) a member appointed by the minister as the chair after a merit based process, and
(b) members appointed by the minister after a merit based process and consultation with the chair.
(2) The minister may designate one or more members of the board as vice chair after consultation with the chair.
44 The Administrative Tribunals Appointment and Administration Act applies to the appeal board.
59 Section 89 (e) is repealed.
Securities Act
60 Section 4 (1), (3), (5) and (8) of the Securities Act, R.S.B.C. 1996, c. 418, is repealed and the following substituted:
(1) The British Columbia Securities Commission is continued as a corporation consisting of up to 11 members appointed as follows by the Lieutenant Governor in Council after a merit based process:
(a) one member designated as the chair and chief executive officer of the commission;
(b) one or more members designated as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair.
61 The following section is added:
4.1 Sections 1 to 6, 7 (1) and (2) and 8 of the Administrative Tribunals Appointment and Administration Act apply to the commission.
Utilities Commission Act
62 Section 2 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is repealed and the following substituted:
2 (1) The British Columbia Utilities Commission is continued consisting of individuals appointed as follows by the Lieutenant Governor in Council after a merit based process:
(a) one commissioner designated as the chair;
(b) other commissioners appointed after consultation with the chair.
(2) The Lieutenant Governor in Council, after consultation with the chair, may designate a commissioner appointed under subsection (1) (b) as a deputy chair.
(3) The chair may appoint a deputy chair or commissioner to act as chair for any purpose specified in the appointment.
(4) Sections 1 to 3 and 5 to 10 of the Administrative Tribunals Appointment and Administration Act apply to the commission, and for that purpose a reference to a deputy chair in this Act is a reference to a vice chair under that Act.
(5) The chair is the chief executive officer of the commission and has supervision over and direction of the work and the staff of the commission.
Workers Compensation Act
63 Section 232 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended
(a) in subsection (2) by striking out "following members:" and substituting "following members appointed after a merit based process:",
(b) in subsection (3) by striking out "a term of up to 5 years" and substituting "an initial term of 3 to 5 years",
(c) by repealing subsection (4) and substituting the following:
(4) The vice chairs hold office for an initial term of 2 to 4 years and may be reappointed for additional terms of up to 5 years. ,
(d) in subsection (6) by striking out "competency-based selection" and substituting "merit based", and
(e) in subsection (10) by adding "a person, who would otherwise be qualified for appointment as a member, as" after "appoint".
64 Section 233 (2) is repealed and the following substituted:
(2) If a member resigns or their appointment expires, the chair may authorize that individual to continue to exercise powers as a member of the appeal tribunal in any appeal in which that individual had jurisdiction immediately before the end of their term.
65 Section 236 is repealed and the following substituted:
236 (1) In accordance with general directives of the Treasury Board, members may be paid remuneration and must be reimbursed for all reasonable travelling and out of pocket expenses necessarily incurred in carrying out their duties.
(2) For the purposes of subsection (1), Treasury Board may specify different rates of compensation for different classes of members.
66 (1) Subject to subsections (2) and (3), on the coming into force of an amendment made to any other Act by this Act, any existing appointment under a provision of that other Act, if the provision is amended by this Act, is governed by the following rules:
(a) an appointment as a chair that was expressed to be made at pleasure or without a specified term is converted to a term of 5 years starting on the day the amendment comes into force;
(b) an appointment as a member, other than a chair, that was expressed to be made at pleasure or without a specified term is converted to a term of 4 years starting on the day the amendment comes into force;
(c) an existing appointment as a chair or other member that was made for a specified term is continued until the end of the term.
(2) On the coming into force of section 20, existing appointments of individuals as adjudicators who were appointed by the chair under the Employment Standards Act are cancelled and those individuals are appointed as members under section 102 (b) of the Employment Standards Act for a term equal to the remainder of their existing terms.
(3) On the coming into force of section 60, existing designations, made before the coming into force of this section, of members of the British Columbia Securities Commission as the chair and vice chairs of the commission and the appointments of those members are continued as expressed in the orders by which they were appointed.
(4) An appointment to which this section applies must be considered to have been made after a merit based process.
67 No action for damages or compensation may be brought against the government or any person because of amendments made by this Act to the Public Sector Employers Act.
68 On the date that section 14.9 (3) to (5) of the Public Sector Employers Act, as enacted by section 53 of this Act, comes into force,
(a) section 14.9 (3) to (5) of that Act is deemed, in respect of a member of a tribunal referred to in section 14.9 (1) of that Act, to be included in all contracts of employment related to the member's appointment, that are commenced, changed or renewed on or after that date, and
(b) any provision of an applicable contract of employment referred to in paragraph (a) that conflicts with or is inconsistent with section 14.9 (3) to (5) of that Act is void to the extent of the conflict or inconsistency.
69 (1) This Act, except section 45, comes into force by regulation of the Lieutenant Governor in Council.
(2) On coming into force, section 53 is deemed to have come into force on the day the Administrative Tribunals Appointment and Administration Act receives First Reading in the Legislative Assembly.
This Bill provides for greater uniformity in the appointment and reappointment of individuals to the administrative tribunals in Acts amended by the Bill. The amendments provide for a merit based process leading to appointments and for consultations with the chairs of tribunals before the appointment of other members. Standard provisions are enacted for the following matters and applied to most of the tribunals under the amended Acts:
[ Return to: Legislative Assembly Home Page ]
Copyright © 2003: Queen's Printer, Victoria, British Columbia, Canada