Bill 20 — 2009: Miscellaneous Statutes Amendment Act (No. 2), 2009

HONOURABLE MICHAEL DE JONG
ATTORNEY GENERAL

BILL 20 — 2009

MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 2), 2009

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

SECTION 1: [Animal Disease Control Act, section 1] excludes from the definition of "livestock dealer" farmers who are resident in Alberta.

1 The definition of "livestock dealer" in section 1 of the Animal Disease Control Act, R.S.B.C. 1996, c. 14, is amended by striking out "a resident of British Columbia" and substituting "a resident of British Columbia or Alberta".

SECTION 2: [Land Surveyors Act, section 6] provides for the appointment of lay members to the board of management of the Association of Land Surveyors.

2 Section 6 of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is amended

(a) in subsection (2) by striking out "and" at the end of paragraph (c), by adding "and" at the end of paragraph (d) and by adding the following paragraph:

(9) The Lieutenant Governor in Council may appoint up to 2 board members who are not members of the association and who, subject to subsection (3) (b), serve for a 2 year term.

SECTION 3: [Land Surveyors Act, section 51] changes the eligibility requirements for land surveying companies to whom a permit may be issued so that

a majority, rather than all, of the voting shares must be owned by practising land surveyors, and
a majority, rather than all, of the directors must be practising land surveyors.

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

(b) the majority of the voting shares of the company are legally and beneficially owned by one or more practising land surveyors or by one or more companies the majority of whose voting shares are legally and beneficially owned by one or more practising land surveyors,

(d) a majority of the directors of the company are practising land surveyors, and , and

SECTION 4: [Livestock Identification Act, section 1] excludes from the definition of "livestock dealer" a person who resides in Alberta and who transacts business that arises directly from the person's ranching or farming operation.

4 The definition of "livestock dealer" in section 1 of the Livestock Identification Act, R.S.B.C. 1996, c. 271, is amended by striking out "who resides in British Columbia" and substituting "who resides in British Columbia or Alberta".

SECTION 5: [Election Act, section 199] applies election expense limits for candidates during campaign periods to all elections, including by-elections.

5 Section 199 (2) of the Election Act, R.S.B.C. 1996, c. 106, is amended by striking out "a general election" and substituting "an election".

SECTION 6: [Hydro and Power Authority Act, sections 14 and 15] repeals section 14, which requires the authority to invite tenders for the construction and repair of all power plants by way of public advertisement or public notice except in certain circumstances, and section 15, which requires the authority to open all tenders in public and reveal the prices then and there.

6 Sections 14 and 15 of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, are repealed.

Transitional Provision

SECTION 7: [Transition — Hydro and Power Authority Act] provides that, after the repeal of sections 14 and 15 of the Hydro and Power Authority Act comes into force, section 15 of that Act does not apply to any tenders that, before the repeal, were invited under section 14 of that Act and received by the authority and, at the time of the repeal, were still unopened.

Transition — Hydro and Power Authority Act

7 After the repeal of sections 14 and 15 of the Hydro and Power Authority Act comes into force, section 15 of that Act does not apply to any tenders that,

(a) before the repeal, were invited by the authority under section 14 of that Act and were received by the authority, and

(b) at the time of the repeal, were not yet opened in accordance with section 15 of that Act.

SECTION 8: [Forest Act, section 8] changes the maximum time for the determination of allowable annual cut from 5 years to 10, and the ability to extend that time in the circumstances described in subsection (3.1) from 10 years to 15.

(a) in subsections (1), (2) (c) and (d) and (3) by striking out "5 years" and substituting "10 years", and

(b) in subsection (3.1) (a) by striking out "10 years" and substituting "15 years".

SECTION 9: [Forest Act, section 106] provides that stumpage amounts may be calculated, with the approval of the minister, or must be calculated, if required by the policies and procedures, based on a cruise of the affected timber rather than on the volume reported in a scale of the timber.

Cruise instead of scale

(b)must, in the circumstances provided for in the policies and procedures referred to in section 105 (1) (c),

be calculated using the information provided by a cruise of the timber conducted before the timber is cut, instead of the volume reported in a scale of the timber made under Part 6.

SECTION 10: [Forest Act, section 128] allows ministerial exemptions to be issued for residual wood products up to 5 000 bone dry units per application.

(2) On receiving an application in the form required by the minister, the minister may exempt from section 127

(a) a volume of timber that has been harvested, not exceeding 15 000 m³ for each application, and

(b) a volume of wood residue, not exceeding 5 000 bone dry units for each application.

SECTION 11: [Forest Act, section 151.3] allows the Lieutenant Governor in Council to repeal, by regulation, the section respecting the area-based allowable annual cut trial program rather than having that section repealed on a fixed date.

(4) This section may be repealed by regulation of the Lieutenant Governor in Council.

SECTION 12: [Forestry Revitalization Act, section 3] authorizes an order under section 3 (4) of the Act to be made or amended at any time rather than for a 5 year period beginning March 31, 2003.

12 Section 3 (5) (a) of the Forestry Revitalization Act, S.B.C. 2003, c. 17, is amended

(b) in subparagraph (ii) by striking out "subsection (1), (1.1) or (4)" and substituting "subsection (1) or (1.1), or", and

SECTION 13: [Forestry Revitalization Act, section 6] authorizes compensation under section 6 of the Act for deletions of Crown land from tree farm licences under section 39.1 of the Forest Act if the deletion is in respect of an allowable annual cut under section 3 (3) of the Act and was made before the new subsection proposed by this Bill comes into force.

(4.1) Subsection (4) also applies to a holder of a tree farm licence that is subject to a deletion of Crown land from the tree farm licence area under section 39.1 of the Forest Act, if the deletion

(a) is in respect of a reduction of allowable annual cut under section 3 (3) of this Act, and

SECTION 14: [Community Care and Assisted Living Act, section 20] redrafts the provision for plainer language and clarifies that the requirement for persons in care to be safely evacuated in the case of fire applies to all small community care facilities.

14 Section 20 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is repealed and the following substituted:

Certain laws not to apply

(ii) as a residence for no more than 10 persons, not more than 6 of whom are persons in care,

(d) that complies with all enactments of British Columbia and the municipality where the community care facility is located that relate to fire and health respecting a single family dwelling house.

(2) A provision in an enactment of British Columbia, other than this Act, or of a municipality, does not apply to a community care facility described in subsection (1) if that provision would

(a) limit the number of persons in care who may be accepted or accommodated at the community care facility,

(b) limit the types of care that may be provided to persons in care at the community care facility, or

(ii) it operates as a community care facility, a charitable enterprise or a commercial venture.

SECTION 15: [Community Living Authority Act, section 5] repeals certain criteria for directors appointed by the minister.

15 Section 5 (2), (3) and (4) of the Community Living Authority Act, S.B.C. 2004, c. 60, is repealed.

SECTION 16: [Community Living Authority Act, section 6] makes consequential changes due to amendments to section 5 of the Act and clarifies a reference to section 6 (2) (a) of the Act.

(a) in subsection (2) (b) by striking out "but subject to section 5 (2), (3) and (4),", and

(b) in subsection (2) (b) (i) by adding "of this section" after "or subsection (2) (a)".

SECTION 17: [Homeowner Protection Act, section 2] is consequential to restricting the provision of financial assistance under the reconstruction program to applications received on or before July 31, 2009.

17 Section 2 (2) of the Homeowner Protection Act, S.B.C. 1998, c. 31, is repealed and the following substituted:

(2) A further purpose of this Act is the administration of the program in accordance with Part 9.

SECTION 18: [Homeowner Protection Act, section 10] clarifies that the reference to "fees" includes the assessment imposed under section 26.

18 Section 10 (1) is amended by striking out "fees required to be paid" and substituting "fees, including assessments under section 26 and interest owing on them, required to be paid".

SECTION 19: [Homeowner Protection Act, section 20] clarifies that there may be more than one fee payable by an owner builder that applies under the section.

19 Section 20 (1) (b) is amended by striking out "prescribed fee." and substituting "prescribed fees."

SECTION 20: [Homeowner Protection Act, section 27] restricts the chief executive officer's discretion in relation to applications to the reconstruction program to applications received on or before July 31, 2009.

(1) Despite the purpose of the program as set out in section 24, the chief executive officer may

(a) approve an application of an eligible homeowner to the program for financial assistance for home reconstruction only if the application was received by the office on or before July 31, 2009, and

(b) authorize payment out of the program to provide financial assistance for an eligible homeowner only if the application was received by the office on or before July 31, 2009.

(1.1) An application to the program for financial assistance for home reconstruction that is received by the office after July 31, 2009 is conclusively deemed not to have been made or received.

SECTION 21: [Homeowner Protection Act, section 32] makes the regulation-making authority consistent with the Act, which requires the registrar to collect the assessments.

21 Section 32 (2) (j) and (j.1) is amended by striking out "forward to the office" and substituting "forward to the registrar".

SECTION 22: [Criminal Records Review Act, section 1] amends 3 definitions, repeals and replaces a definition and adds definitions of "specified offence", "vulnerable adult" and "work with vulnerable adults".

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

(a) in the definition of "conviction" by striking out "relevant offence" in both places and substituting "relevant offence or specified offence",

(b) by repealing the definition of "education program" and substituting the following:

"education program" means an education program, offered by an education institution,

(a) that includes a practicum component involving work with children or work with vulnerable adults, and

(ii) authorization under the Independent School Act to provide the services of a teacher, or

(c) in paragraph (d) of the definition of "employer" by adding "or provides funding to" after "operates", by striking out "or" at the end of subparagraph (ii), by adding "or" at the end of subparagraph (iii) and by adding the following subparagraph:

(d) in the definition of "employer" by striking out "or" at the end of paragraph (i) and by adding the following paragraph:

(i.1) a registrant as defined in section 1 of the Community Care and Assisted Living Act, or ,

(e) in the definition of "outstanding charge" by adding "or Schedule 3" after "Schedule 1", and

(b) a provision designated in Schedule 3 as a specified offence, including a predecessor to that provision, and

(c) an offence in a jurisdiction outside Canada that is, in the opinion of the registrar, similar to an offence referred to in paragraph (b);

"vulnerable adult" means an individual 19 years or older who receives health services, other than acute care, from a hospital, facility, unit, society, service, holder or registrant referred to in paragraph (d), (h.1), (i) or (i.1) of the definition of "employer";

"work with vulnerable adults" means working with vulnerable adults directly or having or potentially having unsupervised access to vulnerable adults

SECTION 23: [Criminal Records Review Act, section 2] amends the purposes of the Act to include the purpose of helping to prevent the physical, sexual and financial abuse of vulnerable adults.

by requiring individuals to whom this Act applies to undergo criminal record checks. , and

(b) in subsection (2) by adding "or work with vulnerable adults" after "work with children".

SECTION 24: [Criminal Records Review Act, section 4] amends the section specifying certain of the registrar's duties to refer to specified as well as relevant offences.

(a) in subsection (2) by striking out "relevant offence" wherever it appears and substituting "relevant offence or specified offence",

(b) in subsection (2) (a) by adding "or a risk of physical, sexual or financial abuse to vulnerable adults" after "abuse to children", and

(i) the relevant offence would, if repeated, pose a threat of physical or sexual abuse to children, or

(ii) the specified offence would, if repeated, pose a threat of physical, sexual or financial abuse to vulnerable adults; .

SECTION 25: [Criminal Records Review Act, section 5] amends the section specifying certain of the registrar's duties on conducting a review to refer to risks posed to vulnerable adults as well as risks posed to children.

25 Section 5 (6) (b) is amended by adding "or does not pose a threat of physical, sexual or financial abuse to vulnerable adults" after "abuse to children".

SECTION 26: [Criminal Records Review Act, section 6] provides that the provincial police force and a municipal police force must provide records requested by the registrar or deputy registrar.

(f) the commissioner of the provincial police force and a chief constable as defined in section 1 of the Police Act.

SECTION 27: [Criminal Records Review Act, section 7] amends the section consequential to amendments made to Part 4.1 of the Act by this Bill.

27 Section 7 (2) (a) is amended by striking out "or" at the end of subparagraph (i) and by adding the following subparagraph:

SECTION 28: [Criminal Records Review Act, section 8] amends the section specifying certain duties of employers to refer to working with vulnerable adults as well as working with children.

(a) in subsection (1) by adding "or work with vulnerable adults" after "work with children" and by adding "or works with vulnerable adults" after "works with children", and

(b) in subsection (3) by adding "or working with vulnerable adults" after "working with children".

SECTION 29: [Criminal Records Review Act, section 9] amends the section specifying certain duties of individuals and employers to refer to working with vulnerable adults as well as working with children.

29 Section 9 (1) and (2) is amended by adding "or working with vulnerable adults" after "working with children".

SECTION 30: [Criminal Records Review Act, section 10] amends the section specifying certain duties of employees and employers to refer to working with vulnerable adults as well as working with children.

(a) in subsection (1) by adding "or works with vulnerable adults" after "works with children", and

(b) in subsection (2) (a) and (b) by adding "or work with vulnerable adults" after "work with children".

SECTION 31: [Criminal Records Review Act, section 11.1] adds a section specifying the duties of the deputy registrar on determining that there is a risk to vulnerable adults.

Effect of finding of risk — working with vulnerable adults

11.1 If the deputy registrar determines that an outstanding charge or conviction indicates that the individual presents a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5,

(a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with vulnerable adults, or

(b) if the individual is an employee, the employer must ensure that the employee does not work with vulnerable adults.

SECTION 32: [Criminal Records Review Act, section 12] amends the section specifying certain duties of employees and employers when there are new convictions or outstanding charges to refer to working with vulnerable adults as well as working with children.

(a) in subsection (1) by adding "or works with vulnerable adults" after "works with children", and

(a) an employee who works with children has an outstanding charge for, or has been convicted of, a relevant offence, or

(b) an employee who works with vulnerable adults has an outstanding charge for, or has been convicted of, a specified offence,

the employer must require the employee to provide a criminal record check authorization for a further criminal record check.

SECTION 33: [Criminal Records Review Act, section 15] amends the section specifying certain duties of registered members to refer to working with vulnerable adults as well as working with children.

33 Section 15 (2) (a) is amended by adding "or work with vulnerable adults" after "work with children".

SECTION 34: [Criminal Records Review Act, section 16] amends the section specifying certain duties of governing bodies and employers on a determination of risk to refer to working with vulnerable adults as well as working with children.

(a) in subsection (1) by adding "or a risk of physical, sexual or financial abuse to vulnerable adults" after "abuse to children",

(b) in subsection (2) by adding "and that the action is with respect to a risk to children or to vulnerable adults, whichever is applicable" after "under subsection (1)", and

(3) An employer who is notified under subsection (2) must ensure that the employee does not

(a) work with children, if the notification indicates that an action is being taken with respect to a risk to children, or

(b) work with vulnerable adults, if the notification indicates that an action is being taken with respect to a risk to vulnerable adults.

SECTION 35: [Criminal Records Review Act, section 17] amends the section specifying certain duties of registered members, governing bodies and employers when there are new convictions or outstanding charges to refer to working with vulnerable adults as well as working with children.

(a) in subsections (1) and (2) by striking out "relevant offence" and substituting "relevant offence or a specified offence",

(b) in subsection (3) by adding "and that the action is with respect to a risk to children or to vulnerable adults, whichever is applicable" after "under subsection (2)", and

(4) An employer who is notified under subsection (3) must ensure that the employee does not

(a) work with children, if the notification indicates that an action is being taken with respect to a risk to children, or

(b) work with vulnerable adults, if the notification indicates that an action is being taken with respect to a risk to vulnerable adults

until the employee has provided a criminal record check authorization for a further criminal record check under subsection (1) or (2).

SECTION 36: [Criminal Records Review Act, section 17.1] amends the section specifying certain duties of education institutions to refer to working with vulnerable adults as well as working with children.

36 Section 17.1 (1) is amended by adding "or work with vulnerable adults" after "work with children".

SECTION 37: [Criminal Records Review Act, section 17.2] amends the section specifying certain duties of registered students to refer to working with vulnerable adults as well as working with children.

(a) in subsection (1) by adding "or working with vulnerable adults" after "working with children", and

(b) in subsection (2) by adding "or work with vulnerable adults" after "work with children".

SECTION 38: [Criminal Records Review Act, section 17.31] adds a section specifying the duties of the deputy registrar on determining that there is a risk to vulnerable adults.

Effect of finding of risk — working with vulnerable adults

17.31 If the deputy registrar determines that an outstanding charge or a conviction indicates that a registered student presents a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5, the education institution must ensure that the registered student does not work with vulnerable adults as a registered student.

SECTION 39: [Criminal Records Review Act, section 17.4] amends the section specifying certain duties of registered students and education institutions when there are new convictions or outstanding charges to refer to working with vulnerable adults as well as working with children.

39 Section 17.4 (1) and (2) is amended by adding "or works with vulnerable adults" after "works with children" and by striking out "relevant offence" and substituting "relevant offence or specified offence".

SECTION 40: [Criminal Records Review Act, section 28] amends the section establishing offences under the Act to include references to sections added to the Act by this Bill.

40 Section 28 (1) is amended by adding "11.1 (a) or (b)," after "11 (a) or (b)," and by adding "17.31," after "17.3,".

SECTION 41: [Criminal Records Review Act, section 29] authorizes regulations amending the schedule of specified offences.

SECTION 42: [Criminal Records Review Act, Schedule 3] adds a schedule of specified offences.

Schedule 3

1 The following sections of the Criminal Code (Canada) are designated as specified offences:

Validation Provision

SECTION 43: [Validation of fees — Motor Dealer Act] retroactively validates and confirms fees set and collected under section 24.4 of the Motor Dealer Act.

Validation of fees — Motor Dealer Act

43 (1) Despite section 24.4 of the Motor Dealer Act, the fees set by the Motor Dealer Council of British Columbia between April 1, 2004 and the date this section comes into force for matters required under that authority's administration that would have been validly set had the authority set those fees in accordance with section 24.4 (2) of the Motor Dealer Act are conclusively deemed to have been validly set, and all fees collected by the authority are conclusively deemed to have been validly collected.

(2) Section 24.4 (2) of the Motor Dealer Act does not apply to the Motor Dealer Council of British Columbia until June 30, 2010.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

SECTION 44: [Transportation Investment Act, section 4] substitutes words that were to have been substituted by section 127 of the Miscellaneous Statutes Amendment Act (No. 2), 2008, S.B.C. 2008, c. 42, which was found to be inoperative.

44 Section 4 (1) (c) of the Transportation Investment Act, S.B.C. 2002, c. 65, is amended by striking out "specified vehicles or specified classes of vehicles" and substituting "specified persons or vehicles or classes of persons or vehicles".

Commencement

45 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes