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

Part 1 — Advanced Education and Labour
Market Development Amendments

Education Statutes Amendment Act, 2007

1 Section 41 of the Education Statutes Amendment Act, 2007, S.B.C. 2007, c. 16, is repealed.

Engineers and Geoscientists Act

2 Section 10 (1) of the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is amended

(a) by repealing paragraph (g) (i), and

(b) in paragraph (g) (vi) by adding ", annual fees" after "late fees".

3 Section 21 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) The council, by resolution passed by at least 2/3 of the council members, may

(a) set an annual fee to be paid by members, licensees and certificate holders, and

(b) set the date on or before which the annual fee must be paid.

(2) On or before the date set by the council under subsection (1), every member, licensee and certificate holder must pay to the executive director or other person authorized by the council the applicable annual fee set by the council under subsection (1). ,

(b) in subsection (3) by striking out "under subsection (2)," and substituting "under subsection (1),", and

(c) in subsection (4) by striking out "under subsection (1)." and substituting "under subsection (2)."

Music Teachers (Registered) Act

4 Section 8 (3) of the Music Teachers (Registered) Act, R.S.B.C. 1996, c. 327, is repealed and the following substituted:

(3) A bylaw, amendment to a bylaw or repeal of a bylaw under this section takes effect when it is ratified by at least 2/3 of the members of the association who vote in a process determined by the Provincial council.

Miscellaneous Statutes Amendment Act, 2007

5 Section 54 of the Miscellaneous Statutes Amendment Act, 2007, S.B.C. 2007, c. 8, is repealed.

School Act

6 Section 170.3 of the School Act, R.S.B.C. 1996, c. 412, as enacted by section 25 of the Education Statutes Amendment Act, 2007, S.B.C. 2007, c. 16, is amended

(a) in subsection (1) by repealing paragraph (a) (v) of the definition of "private post-secondary institution", and

(b) by repealing subsection (4) (f).

Validation and Repeal Provisions

Engineers and Geoscientists Act — validation of annual fees

7  (1) The following are conclusively deemed to be valid from January 1, 1966 to the date that this section comes into force:

(a) the bylaws of The Association of Professional Engineers and Geoscientists of the Province of British Columbia relating to annual fees under the Engineers and Geoscientists Act;

(b) all annual fees under the Engineers and Geoscientists Act collected or purported to be collected under the bylaws of The Association of Professional Engineers and Geoscientists of the Province of British Columbia;

(c) all actions taken under the bylaws of The Association of Professional Engineers and Geoscientists of the Province of British Columbia in relation to annual fees under the Engineers and Geoscientists Act including, without limitation, the determination and collection of those annual fees.

(2) 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.

Engineers and Geoscientists Act — repeal of bylaw

8  Section 10 (b) of the bylaws of The Association of Professional Engineers and Geoscientists of the Province of British Columbia is repealed.

Statute repeals

9  The following Acts are repealed:

(a) Columbian Methodist College Act, 1893, S.B.C. 1893, c. 49;

(b) Congregational College of British Columbia Act, 1914, S.B.C. 1914, c. 87;

(c) Life Bible College Act, S.B.C. 1988, c. 65;

(d) Ryerson College Act, 1912, S.B.C. 1912, c. 56;

(e) Vancouver Bible Institute Enabling Act, 1968, S.B.C. 1968, c. 70;

(f) Westminster Hall Act, 1909, S.B.C. 1909, c. 67;

(g) Whetham College Act, 1893, S.B.C. 1893, c. 67.

Part 2 — Children and Family Development Amendment

Child, Family and Community Service Act

10 Section 97 (1) and (2) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is repealed and the following substituted:

(1) A parent remains responsible to contribute to the maintenance of

(a) a child in care unless the child in care is under a continuing custody order,

(b) a child in the custody of a person other than a parent under an interim order or a temporary custody order,

(c) a youth who has made an agreement with a director under section 12.2, and

(d) a child about whom an agreement is made under section 8 (1).

(2) A director may make a written agreement with a parent for contributions by the parent to the maintenance of the following, as applicable:

(a) a child in care unless the child in care is under a continuing custody order;

(b) a youth referred to in subsection (1) (c);

(c) a child referred to in subsection (1) (d).

Part 3 — Education Amendments

Teaching Profession Act

11 Section 22 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended

(a) in subsection (4) by adding "or the discipline committee, if authorized by the bylaws made under section 23," after "duly constituted meeting of the council,",

(b) by repealing subsection (5) and substituting the following:

(5) If the council or the discipline committee has given a reprimand or made a direction under subsection (4), the registrar, unless otherwise directed by

(a) the council, in the case of a reprimand given or a direction made by the council under subsection (4), or

(b) the discipline committee, in the case of a reprimand given or a direction made by the discipline committee under subsection (4),

must notify each board and authority in British Columbia and the minister. , and

(c) by adding the following subsection:

(6) If a determination has been made that a former member has been guilty of professional misconduct or other conduct unbecoming a member of the college, sections 27.2 and 27.3 apply to that former member as if the former member were a member.

12 Section 23 (4) is amended by striking out "council, except those under section 22 (4) and (5)." and substituting "council."

Part 4 — Environment Amendments

Sustainable Resource Management Statutes Amendment Act, 2003

13 Section 65 of the Sustainable Resource Management Statutes Amendment Act, 2003, S.B.C. 2003, c. 66, is repealed.

Water Act

14 Section 8 (1) of the Water Act, R.S.B.C. 1996, c. 483, is amended by striking out "If diversion or use of water is required for a term not exceeding 12 months, the comptroller or a regional water manager may, without issuing a licence," and substituting "If diversion or use of water is required for a term not exceeding 24 months, the comptroller or a regional water manager may, on application, without issuing a licence,".

15 Sections 12 (3), 20 (2) and 83 (1) are amended by striking out "regional manager" and substituting "regional water manager".

16 Section 12.1 (8) is amended

(a) by striking out "A decision under this section, or under a section referred to in subsection (6)," and substituting "Despite section 92 (1), a decision under this section or under a section referred to in subsection (6) of this section,", and

(b) by striking out "is not appealable under section 40." and substituting "may not be appealed."

17 Section 12.2 (10) is repealed and the following substituted:

(10) Despite section 92 (1), a decision of the comptroller or regional water manager under subsection (8) of this section may not be appealed.

18 Section 23 is amended

(a) in subsection (4) by striking out "if the land comprises more than 20 parcels," and substituting "if the land comprises more than 6 parcels,", and

(b) in subsection (7) by striking out "If the engineer reports in writing" and substituting "If an engineer or an officer reports in writing" and by adding "in accordance with the licence" after "beneficial use of water".

19 Section 65 (2) is amended

(a) in paragraph (a) by adding "or the Forest and Range Practices Act" after "the Forest Practices Code of British Columbia Act", and

(b) in paragraph (b) by striking out "if the Forest Practices Code of British Columbia Act, or the standards or regulations under that Act, apply" and substituting "if the Forest and Range Practices Act, or the standards or regulations under that Act, apply".

20 Section 73 is amended

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

(1) The Lieutenant Governor in Council may make regulations requiring that if a well is drilled or prescribed alterations are made to a well, the person responsible for a prescribed activity in relation to the well, or another person in prescribed circumstances, must, in accordance with the regulations,

(a) take or cause to be taken a sample of the ground water in the well, and

(b) cause the sample to be analyzed. , and

(b) in subsection (3) by striking out "A person who is required to comply with subsection (1) or (2) must" and substituting "A person who is required to comply with a regulation under subsection (1) or is required to comply with subsection (2) must".

21 Section 88 is amended by adding the following subsection:

(5) For the purposes of section 23 (7), an officer may examine the works authorized under a licence or the place of use referred to in a licence and make a finding referred to in that provision.

22 Section 98 is repealed and the following substituted:

Time limit for prosecuting offence

98  (1) The time limit for laying an information for an offence under this Act is

(a) 3 years after the date that the facts on which the information is based arose, or

(b) if the minister completes a certificate described in subsection (2), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.

(2) A certificate purporting to have been issued by the minister, certifying the date that the facts on which the information is based first came to the knowledge of the minister,

(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(b) is proof of the certified matters.

23 Section 101 (4) is amended by repealing paragraph (d) (ix) and by adding the following paragraph:

(d.1) respecting sampling and analyzing ground water for new or altered wells including, without limitation, the following:

(i) prescribing alterations to a well for the purposes of section 73 (1);

(ii) prescribing an activity or class of activities for the purposes of section 73 (1);

(iii) prescribing circumstances in which a person other than the person responsible for a prescribed activity in relation to a well is required to comply with a regulation made under section 73 (1);

(iv) specifying circumstances in which sampling and analyzing of ground water is required or is not required;

(v) specifying requirements for the timing, collection and quality of ground water samples;

(vi) specifying requirements for the storage, handling and transportation of ground water samples;

(vii) specifying the purpose, timing and technical requirements for ground water sample analyses;

(viii) specifying the content, frequency and timing of reports and the method and form used for reporting relating to ground water sampling and analyses; .

Part 5 — Health Services Amendments

Assessment Act

24 Section 66 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by adding the following subsection:

(3) Before April 15 in each year, the assessment authority must provide free of charge to regional hospital district boards information setting out the current year net taxable value of all land and improvements in each member municipality and the rural area in the district, on both the completed and the revised assessment rolls, for the purpose of requisitioning and raising funds under the Hospital District Act.

Health Authorities Act

25 The Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by adding the following section:

Cross-regional operations

5.1  (1) Despite section 5 (1) and any regulation made under section 4 (1) (b), the minister may by order permit a board to do any of the following outside the region designated for the board:

(a) provide a health service;

(b) locate a facility;

(c) provide for a program of health service delivery.

(2) If the minister makes an order under subsection (1),

(a) the board is subject to any limits or conditions specified in the order, and

(b) section 5 applies to the health service, facility or program as if the health service, facility or program were located in the region designated for the board.

Hospital District Act

26 Section 23 (6) of the Hospital District Act, R.S.B.C. 1996, c. 202, is repealed.

27 Section 25 is amended

(a) in subsection (1) by striking out "Annually, after receiving a notice under section 23 (6)," and substituting "Annually, after the information described in subsection (9) is made available,",

(b) in subsection (3) by striking out ", after receiving a notice, under section 23 (6), transmit to the Minister of Finance," and substituting ", after the information described in subsection (9) is made available, transmit to the minister responsible for the Financial Administration Act,",

(c) in subsection (7) by striking out "as set out in the notice sent by the minister to the board in accordance with section 23 (6)" and substituting "as set out in the information made available under subsection (9)", and

(d) by adding the following subsection:

(9) The information referred to in subsections (1), (3) and (7) is the information made available annually to each board by the British Columbia Assessment Authority setting out the current year net taxable value of all land and improvements in each member municipality and the rural area in the district, on both the completed and the revised assessment rolls.

Part 6 — Labour Amendments

Employment Standards Act

28 The Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by adding the following section to Part 11:

Searching of records

101.1  On the written request and payment of a prescribed fee by a person, the director may

(a) conduct a search of records maintained by the director for information, in respect of a person named in the request, related to contraventions of this Act or the regulations or complaints or investigations under this Act, and

(b) provide that information to the person who made the request and paid the fee.

29 Section 127 (2) (p) and (p.1) is repealed and the following substituted:

(p) respecting fees, including regulations

(i) prescribing fees for licences issued under this Act,

(ii) prescribing fees to be paid in respect of services provided by the government under this Act,

(iii) prescribing administrative fees for the purposes of section 30.1, and

(iv) specifying the time, manner and method for payment of prescribed fees payable under this Act; .

Part 7 — Public Safety and Solicitor General Amendments

Coroners Act

30 Section 16 of the Coroners Act, S.B.C. 2007, c. 15, is amended

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

(b) recommending, for a reason described in section 18 [direction to hold inquest], whether an inquest should be held. , and

(b) in subsection (2) by adding "to hold an inquest" after "subsection (1) (b)".

31 Section 18 (2) is repealed and the following substituted:

(2) If a deceased person died in a circumstance described in section 3 (2) (a) [death while in custody of peace officer], the chief coroner must direct a coroner to hold an inquest unless any of the following apply, in which case the chief coroner may direct a coroner to hold an inquest:

(a) the chief coroner is satisfied that

(i) the deceased person's death was due to natural causes and was not preventable, or

(ii) there was no meaningful connection between the deceased person's death and the nature of the care or supervision received by the person while detained or in custody;

(b) the circumstances of the deceased person's death are or will be the subject of a commission of inquiry established under the Public Inquiry Act or under section 2 of the Inquiries Act (Canada).

(2.1) If the chief coroner decides under subsection (2) of this section that an inquest is not required, the chief coroner must

(a) report the decision to the minister and include with the report

(i) the authority on which the decision is based, and

(ii) the reasons for the decision,

(b) subject to subsection (2.2), make the report public, and

(c) direct a coroner to make a report in accordance with section 16 (1) (a) respecting the deceased person's death.

(2.2) Section 69 (2) [disclosure to the public or interested persons] applies for the purposes of a report made under subsection (2.1) (b).

(2.3) The chief coroner may reconsider a decision under subsection (2) that an inquest is not required and direct an inquest to be held if any of the following circumstances apply:

(a) in the case of a decision based on a reason set out in subsection (2) (a), if new evidence has arisen or has been discovered that

(i) is substantial and material to the deceased person's death, and

(ii) did not exist at the time of the investigation of the deceased person's death, or did exist at that time but was not discovered and could not have been discovered through the exercise of due diligence;

(b) in any case, if the chief coroner considers it would be in the public interest.

Transitional Provision

Coroners Act transition

32  (1) If a death occurs in any of the circumstances described in section 3 (2) (a) of the Coroners Act, S.B.C. 2007, c. 15, before the coming into force of section 31 of this Act, section 18 (2) of the Coroners Act, as amended by this Act, applies to the death if a notice of inquest in respect of the death has not been issued under section 21 of the Coroners Act.

(2) Despite subsection (1), an inquest must proceed if one is ordered under section 19 of the Coroners Act.

Commencement

33  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

SECTION 1: [Education Statutes Amendment Act, 2007, section 41] repeals a not-in-force amendment, consequential to the repeal of the Life Bible College Act by this Bill.

SECTION 2: [Engineers and Geoscientists Act, section 10] repeals the council's bylaw- making authority in respect of annual fees.

SECTION 3: [Engineers and Geoscientists Act, section 21] provides that

• the council may by resolution set annual fees and the date by which the annual fees must be paid, and
• members, licensees and certificate holders must pay the annual fee on or before the date set by the council.

SECTION 4: [Music Teachers (Registered) Act, section 8] removes the requirement for bylaws to be approved by the Lieutenant Governor in Council and provides that bylaws are not effective until ratified by at least 2/3 of the association members participating in a voting process.

SECTION 5: [Miscellaneous Statutes Amendment Act, 2007, section 54] removes the Lieutenant Governor in Council's ability to repeal by regulation the Music Teachers (Registered) Act.

SECTION 6: [School Act, section 170.3] repeals references, consequential to the repeal of the Life Bible College Act by this Bill.

SECTION 7: [Engineers and Geoscientists Act — validation of annual fees] retroactively validates the bylaws of The Association of Professional Engineers and Geoscientists of the Province of British Columbia in respect of annual fees, the collection of annual fees and all actions taken under the bylaws in relation to annual fees.

SECTION 8: [Engineers and Geoscientists Act — repeal of bylaw] is self-explanatory.

SECTION 9: [Statute repeals] is self-explanatory.

SECTION 10: [Child, Family and Community Service Act, section 97]

• provides that a parent remains responsible to contribute to the maintenance of his or her child about whom an agreement with the child's kin or other person is made, and
• enables a director to enter into an agreement with a parent in respect of parental contributions for the parent's child about whom an agreement with the child's kin or other person is made.

SECTION 11: [Teaching Profession Act, section 22] provides that the provisions of the Act addressing public notification and the online registry apply to former members, and authorizes the discipline committee to take actions under section 22 (4) and (5) of the Act.

SECTION 12: [Teaching Profession Act, section 23] removes limits on delegating powers of the council to the discipline committee.

SECTION 13: [Sustainable Resource Management Statutes Amendment Act, 2003, section 65] repeals a redundant provision.

SECTION 14: [Water Act, section 8] extends from 12 months to 24 months the maximum term of a short term diversion or use of water approval.

SECTION 15: [Water Act, sections 12, 20 and 83] makes housekeeping amendments.

SECTION 16: [Water Act, section 12.1] corrects a cross-reference.

SECTION 17: [Water Act, section 12.2] corrects a cross-reference.

SECTION 18: [Water Act, section 23]

• reduces from 20 to 6 the number of parcels above which notice of a proposed cancellation of a water licence appurtenant to land may be given by publication in a local newspaper rather than individually;
• provides that an officer may also make a report to the comptroller or regional water manager under section 23 (7) of the Act;
• clarifies that the reference to beneficial use of water refers to beneficial use of water in accordance with the applicable water licence.

SECTION 19: [Water Act, section 65] corrects cross-references to the applicable forestry legislation.

SECTION 20: [Water Act, section 73] authorizes the Lieutenant Governor in Council to make regulations requiring the person responsible for a prescribed activity in relation to a new or altered well, or another person in prescribed circumstances, to take or cause to be taken a ground water sample and to cause the sample to be analyzed.

SECTION 21: [Water Act, section 88] authorizes an officer, for the purpose of making a report under section 23 (7) of the Act, to examine works and make a finding that they are unfit or unsuitable for use or that there is no evidence of recent beneficial use of water in accordance with the licence.

SECTION 22: [Water Act, section 98] amends the time limit for starting a prosecution for an offence under the Act to make the provision consistent with similar provisions in other environmental statutes.

SECTION 23: [Water Act, section 101] expands the authority of the Lieutenant Governor in Council to make regulations respecting sampling and analyzing ground water for new or altered wells.

SECTION 24: [Assessment Act, section 66] requires the assessment authority to provide regional hospital district boards with information necessary for the purposes of section 25 of the Hospital District Act.

SECTION 25: [Health Authorities Act, section 5.1] authorizes the minister to permit a board to provide a health service, locate a facility or provide for a program of health service delivery outside the region designated for the board.

SECTION 26: [Hospital District Act, section 23] repeals a duty on the minister to provide annual tax assessment notices to regional district hospital boards.

SECTION 27: [Hospital District Act, section 25] is consequential to the repeal of section 23 (6) of the Act by this Bill and changes a ministerial reference for consistency with British Columbia drafting style.

SECTION 28: [Employment Standards Act, section 101.1] permits the director, on the request and payment of a fee by a person, to search information maintained by the director for contraventions, complaints or investigations respecting a person named in the request and provide that information to the person making the request.

SECTION 29: [Employment Standards Act, section 127] amends the regulation-making power to include fees for services provided by the government under the Act.

SECTION 30: [Coroners Act, section 16] authorizes a coroner to recommend whether an inquest should be held.

SECTION 31: [Coroners Act, section 18] provides exceptions to the general requirement to direct an inquest to be held into the death of a person detained by, or in the custody of, a peace officer.

SECTION 32: [Coroners Act transition] clarifies the application of section 18 (2) of the Coroners Act, as amended by this Act, in respect of the death of a person detained by, or in the custody of, a peace officer, occurring before section 31 of this Act comes into force.