1995 Legislative Session: 4th Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the
27th day of June, 1995.
Ian D. Izard, Law Clerk
HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL
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:
"adjudicator" means an adjudicator appointed under section 25;
"child" means an individual under 19 years of age;
"conviction" includes a conviction for an attempt to commit a relevant offence, a conditional discharge, a disposition under the Young Offenders Act (Canada) and an order under sections 810 and 810.1 of the Criminal Code (Canada);
"criminal record check" means a criminal record check under this Act;
"criminal record check authorization" means an authorization for a criminal record check referred to in section 27;
"employee" means an individual who is employed by an employer and includes an independent contractor who has entered into an agreement with an employer;
"employer" means
(a) the government,
(b) an agency of the government,
(c) a board as defined in the School Act,
(d) a public body as defined in the Health Authorities Act or a regional health board or community health council established under that Act that operates
(i) a hospital as defined by section 1 of the Hospital Act,
(ii) a Provincial mental health facility, a psychiatric unit or a society as defined by section 1 of the Mental Health Act or a mental health clinic or mental health service established by regulations under section 37 of that Act, or
(iii) a facility or service related to medical or health care,
(e) a board, commission, council or other body of persons, whether or not incorporated, all the members of which or all the members of the board of management or board of directors of which are appointed by an Act, an order of the Lieutenant Governor in Council or a minister of the government,
(f) a corporation, more than 50% of the shares or ownership of which, is directly or indirectly vested in the government,
(g) an individual or corporation that receives operating funds from the government, other than a board or public body referred to in paragraph (c) or (d),
(h) an authority as defined in the Independent School Act,
(i) the holder of a licence or interim permit issued under the Community Care Facility Act, or
(j) a registered member who employs one or more individuals to assist the registered member in carrying on his or her occupation;
"governing body" means an organization established or continued under any of the enactments referred to in Schedule 2;
"minister", except in Part 5, means the minister charged by the Lieutenant Governor in Council with the administration of this Act;
"operating funds" means ongoing, regular funding for core programs or staff;
"outstanding charge" means a charge or an application under a provision enumerated in Schedule 1 for which an information has been sworn or an application has been made that has not yet resulted in a conviction, acquittal or order by the court;
"registered member" means a person who is registered by a governing body under any of the enactments referred to in Schedule 2;
"registrar" means the registrar as defined in the Private Investigators and Security Agencies Act;
"registration" includes a licence, permit, certification or letter of permission under any of the enactments referred to in Schedule 2;
"relevant offence" means a provision designated in Schedule 1 as a relevant offence and includes a predecessor to that provision;
"work with children" means working with children directly or having or potentially having unsupervised access to children in the ordinary course of employment or in the practice of an occupation.
2 (1) The purpose of this Act is to help prevent the physical and sexual abuse of children by requiring individuals to whom this Act applies to undergo criminal record checks.
(2) Nothing in this Act is to be interpreted so as to diminish any other requirements that may be imposed under an agreement or any other law on those who work with children.
3 The registrar may exempt an individual or organization from all or any provision of this Act, if the registrar is satisfied that the individual or organization is subject to a criminal record check process that meets or exceeds the requirements of this Act.
4 (1) When the registrar receives a criminal record check authorization, the registrar must carry out a criminal record check with respect to the individual who authorized the criminal record check.
(2) If the registrar determines that the individual who is the subject of the criminal record check has an outstanding charge relating to a relevant offence or has been convicted of a relevant offence, the registrar must promptly
(a) refer the matter 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, and
(b) notify the individual and the employer, governing body or minister referred to in Part 5, as the case may be, that the individual has an outstanding charge relating to a relevant offence or has been convicted of a relevant offence and that the matter has been referred to an adjudicator.
(3) In making a determination under subsection (2) (a), the adjudicator must consider the following:
(a) whether the behaviour associated with the relevant offence would, if repeated, pose a threat of physical or sexual abuse to children;
(b) the circumstances of the offence including the age of the individual at the time of the offence and the existence of any extenuating circumstances;
(c) any other factors that the adjudicator considers relevant including, without restriction, the time elapsed since the occurrence of the offence or alleged offence, subsequent actions of the individual, the likelihood of the individual repeating a similar kind of behaviour and any attempts at rehabilitation.
(4) The adjudicator must promptly notify the following persons of the determination under subsection (2) (a):
(a) the registrar;
(b) the individual;
(c) the employer, if the individual is an employee or an applicant for employment;
(d) the governing body, if the individual is a registered member or an applicant for registration;
(e) the Minister of Women's Equality, if the individual is a child care provider or an applicant as defined in Part 5.
(5) The adjudicator must provide written reasons for the determination under subsection (2) (a) to a person referred to in subsection (4), if the person so requests.
5 (1) The individual who is the subject of a criminal record check may appeal the determination of the adjudicator under section 4 by serving the registrar with notice in writing within 14 days of the day on which the adjudicator notifies the individual of the determination.
(2) When the registrar receives a notice within the time limited for an appeal under subsection (1), the minister must
(a) appoint an appeal panel consisting of 3 members to hear and decide the appeal, and
(b) designate one of the members as the chair of the appeal panel.
(3) On an appeal under this section, the appeal panel must review the adjudicator'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 appellant;
(b) convene a hearing.
(4) After conducting a review under subsection (3), the appeal panel may, by order, confirm the determination of the adjudicator or overturn the determination and direct that the individual does not present a risk of physical or sexual abuse to children.
(5) The members of the appeal panel have the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(6) The appeal panel may determine its own procedures and may receive or accept evidence whether or not it would be admissible in a court of law.
(7) The appeal panel must promptly notify the following persons of the decision reached under subsection (4):
(a) the registrar;
(b) the individual;
(c) the employer, if the individual is an employee or an applicant for employment;
(d) the governing body, if the individual is a registered member or an applicant for registration;
(e) the Minister of Women's Equality, if the individual is a child care provider or an applicant as defined in Part 5.
(8) The appeal panel must provide written reasons for the decision reached under subsection (4) to a person referred to in subsection (7), if the person so requests.
6 (1) The following persons must provide any records that an adjudicator or appeal panel may, by order, require for the purpose of making a determination under this Part with respect to an individual:
(a) the employer, if the individual is an employee or an applicant for employment;
(b) the governing body, if the individual is a registered member or an applicant for registration;
(c) the Minister of Women's Equality, if the individual is a child care provider or an applicant as defined in Part 5.
(2) If an adjudicator, appeal panel or any other person is required to disclose a disposition under the Young Offenders Act (Canada) or any other information contained in youth records under that Act to an employer, governing body, or other person under this Act, that information must be disclosed only in accordance with the provisions of the Young Offenders Act (Canada).
(3) Information provided under this Act must not be used or disclosed for any purpose other than the purpose set out in section 2 or in section 33 (n) or 44 (2) or (3) of the Freedom of Information and Protection of Privacy Act.
(4) Subsection (3) applies despite any provision of the Freedom of Information and Protection of Privacy Act other than sections 33 (n) and 44 (2) and (3) of that Act.
7 (1) This Part applies to employers and employees other than
(a) an employee who is subject to a criminal record check under Part 4 as a registered member,
(b) subject to subsection (2), a post secondary institution or an employee of a post secondary institution, or
(c) a municipality or an employee of a municipality.
(2) This Part applies to child care facilities operated by a post secondary institution and to the employees of the post secondary institution who work at those child care facilities.
(3) In this section:
"municipality" means a municipality as defined in the Municipal Act and includes the City of Vancouver, regional districts and improvement districts;
"post secondary institution" means
(a) a university under the University Act,
(b) the University of Northern British Columbia,
(c) the British Columbia Institute of Technology, and
(d) a college or Provincial institute designated under the College and Institute Act.
8 (1) An employer must ensure that every individual who is hired for employment involving work with children and every employee who works with children undergoes a criminal record check.
(2) Despite subsection (1), an employer must not require an applicant for employment to authorize a criminal record check unless the employer has offered employment to the applicant.
(3) The employer must inform individuals of the requirements of this Act if those individuals are employed by or are applicants for employment with the employer in a job that involves working with children.
9 (1) When an individual is offered employment that involves working with children, he or she must provide a criminal record check authorization to the employer.
(2) An employer must not employ an applicant in a job that involves working with children unless the applicant has provided the criminal record check authorization in accordance with subsection (1).
10 (1) An employee who works with children must provide a criminal record check authorization to his or her employer.
(2) If an employee does not provide a criminal record check authorization as required by subsection (1) or section 12,
(a) the employee must not work with children until the employee has provided the criminal record check authorization, and
(b) the employer of the employee must ensure that the employee does not work with children until the employee has provided a criminal record check authorization.
11 If an adjudicator determines that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and that determination is not overturned by an appeal panel 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 children, or
(b) if the individual is an employee, the employer must ensure that the employee does not work with children.
12 (1) If an employee who works with children is charged with or convicted of a relevant offence subsequent to a criminal record check, the employee must promptly report the charge or conviction to the employee's employer and provide to the employer a criminal record check authorization for a further criminal record check.
(2) When an employer becomes aware that an employee who works with children has an outstanding charge for, or has been convicted of, a relevant offence, the employer must require the employee to provide a criminal record check authorization for a further criminal record check.
(3) If an employee is also a registered member, the employer must take reasonable steps to notify the registered member's governing body that it is taking action under subsection (2).
13 (1) A governing body must ensure that every member of the governing body who is registered and every individual who applies for registration undergoes a criminal record check.
(2) The governing body must inform individuals of the requirements of this Act if those individuals are registered members or are applicants for registration as a member of the governing body.
14 (1) Before an individual is registered as a member of a governing body, he or she must provide a criminal record check authorization to the governing body.
(2) A governing body must not register an applicant unless the applicant has provided the criminal record check authorization in accordance with subsection (1).
15 (1) A registered member must provide a criminal record check authorization to his or her governing body.
(2) If a registered member does not provide the criminal record check authorization as required by subsection (1) or section 17,
(a) the registered member must not work with children until the registered member has provided the criminal record check authorization, and
(b) the governing body must investigate or review the registration of the registered member and take appropriate action under the Act that governs the governing body.
(3) If a registered member carries on his or her occupation as an employee, the governing body must take reasonable steps to notify the registered member's employer that it is taking action under subsection (2) (b).
16 (1) If an adjudicator determines that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and that determination is not overturned by an appeal panel under section 5, the governing body must investigate or review the application or registration and take appropriate action under the Act that governs the governing body.
(2) If a registered member carries on his or her occupation as an employee, the governing body must take reasonable steps to notify the registered member's employer that it is taking action under subsection (1).
(3) An employer who is notified under subsection (2) must ensure that the employee does not work with children.
17 (1) If a registered member is charged with or convicted of a relevant offence subsequent to a criminal record check, the registered member must promptly report the charge or conviction to the member's governing body and provide to the governing body a criminal record check authorization for a further criminal record check.
(2) When a governing body becomes aware that a registered member has an outstanding charge for, or has been convicted of, a relevant offence, the governing body must require the registered member to provide a criminal record check authorization for a further criminal record check.
(3) If a registered member carries on his or her occupation as an employee, the governing body must take reasonable steps to notify the registered member's employer that it is taking action under subsection (2).
(4) An employer who is notified under subsection (3) must ensure that the employee does not work with children until the employee has provided a criminal record check authorization for a further criminal record check under subsection (1) or (2).
18 In this Part:
"applicant" means an individual who operates or who intends to operate an unlicensed family child care facility and requests registration for the facility under the Child Care Support Program administered by the Ministry of Women's Equality;
"child care provider" means an individual who operates an unlicensed family child care facility and who is registered under the Child Care Support Program administered by the Ministry of Women's Equality;
"minister" means the Minister of Women's Equality;
"unlicensed family child care facility" means a facility other than a facility under the Community Care Facility Act that offers child care to one or 2 children not related by blood or marriage to the operator of the facility.
19 (1) The minister must ensure that every individual who requests registration as a child care provider and every child care provider undergoes a criminal record check.
(2) The minister must inform individuals of the requirements of this Act if those individuals are child care providers or request registration as a child care provider.
20 (1) When an individual applies for registration under the Child Care Support Program administered by the minister, he or she must provide a criminal record check authorization to the minister.
(2) The minister must not register an applicant who has not complied with subsection (1) and section 24.
21 (1) A child care provider must provide a criminal record check authorization to the minister.
(2) If a child care provider does not provide the criminal record check authorization as required by subsection (1) or section 23,
(a) the child care provider must not work with children until the child care provider has provided the criminal record check authorization, and
(b) the minister must revoke the registration of a child care provider who has not provided the criminal record check authorization.
22 (1) If an adjudicator determines that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and that determination is not overturned by an appeal panel under section 5,
(a) if the individual is an applicant, the minister must not register the individual, or
(b) if the individual is a child care provider, the minister must revoke the registration of the individual under the Child Care Support Program.
(2) The minister must inform the police force responsible for policing the area in which the facility is located, if the minister believes that an individual who was determined to present a risk of physical or sexual abuse to children is continuing to operate a child care facility.
23 (1) If a child care provider is charged with or convicted of a relevant offence subsequent to a criminal record check, the child care provider must promptly report the charge or conviction to the minister and provide to the minister a criminal record check authorization for a further criminal record check.
(2) When the minister becomes aware that a child care provider has an outstanding charge for, or has been convicted of, a relevant offence, the minister must require the child care provider to provide a criminal record check authorization for a further criminal record check.
24 A child care provider must not permit an individual who is over the age of 12, other than a parent of a child enrolled at the facility, to be ordinarily present on the premises where the unlicensed family child care facility is located, during the time that children enrolled in the facility are present, unless the child care provider has obtained a criminal record check authorization for that person and provided it to the minister.
25 The minister must appoint one or more individuals to be adjudicators for the purpose of this Act.
26 An adjudicator or a member of an appeal panel may be paid
(a) an allowance for reasonable travelling and incidental expenses necessarily incurred in carrying out a function under this Act, and
(b) if the member is not a member of the Legislative Assembly or a public servant, remuneration at rates set by the Lieutenant Governor in Council.
27 The authorization for a criminal record check must
(a) be in the form provided by the registrar,
(b) be signed by the individual to whom the criminal record check will relate, and
(c) include the authorization of the individual to submit fingerprints if necessary to verify the results of the criminal record check.
28 (1) A person who contravenes section 6 (1), (2) or (3), 8 (1) or (2), 9 (2), 10 (2) (a) or (b), 11 (a) or (b), 12 (2) or (3), 13 (1), 14 (2), 15 (2) (a) or (b) or (3), 16 (1), (2) or (3), 17 (2), (3) or (4) or 21 (2) (a) is guilty of an offence and liable to a fine of up to $5 000.
(2) A person who contravenes section 10 (1), 12 (1), 15 (1), 17 (1), 21 (1) or 23 (1) is guilty of an offence and liable to a fine of up to $50 for each day on which the contravention continues.
(3) Section 5 of the Offence Act does not apply to this Act or the regulations.
29 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without restricting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) governing the procedure for making criminal record checks;
(b) adding provisions to and removing provisions from Schedule 1;
(c) adding enactments to and removing enactments from Schedule 2;
(d) exempting persons or classes of persons from the application of all or any provision of this Act or the regulations.
30 The Chiropractors Act, R.S.B.C. 1979, c. 50, is amended by adding the following section:
9.7 (1) If an applicant or registered chiropractor fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration or a registered chiropractor presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account
(a) when deciding whether to register the applicant or whether to impose terms and conditions on the registration of the applicant, or
(b) investigate the matter and decide whether to impose terms and conditions on the practice of the registered chiropractor or suspend or cancel the registration of the registered chiropractor.
(2) An applicant or registered chiropractor against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 6 respecting an appeal from a decision of the board apply to an appeal under this section.
31 Section 22 of the Dentists Act, R.S.B.C. 1979, c. 92, is amended by adding the following subsection:
(6) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that the applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the council must take the failure or the determination into account when deciding whether to register the applicant or whether to impose limitations or conditions on the practice of the applicant.
32 The following section is added:
42.2 If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the council must, after giving the registrant an opportunity to be heard, review the registration of the registrant and, taking the failure or the determination into account, decide whether to impose limitations or conditions on the registration of the registrant or suspend or cancel the registration of the registrant.
33 Schedule 2 of the Freedom of Information and Protection of Privacy Act, S.B.C. 1992, c. 61, is amended by adding "Criminal Record Check Appeal Panel" to the column headed "Public Body" and by adding "Chair" in the opposite column.
34 Section 5.1 of the Health Emergency Act, R.S.B.C. 1979, c. 162, is amended by adding the following subsection:
(5) If an applicant for registration fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the profession by the emergency medical assistant.
35 The following section is added:
5.22 If an emergency medical assistant refuses to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a registered emergency medical assistant presents a risk of physical or sexual abuse to children and that determination has not been over turned by an appeal panel under that Act, the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the registration of the emergency medical assistant or suspend or cancel the registration of the emergency medical assistant.
36 Section 5.3 (1) is amended by adding "or 5.22" after "under section 5.2".
37 Section 19 of the Health Professions Act, S.B.C. 1990, c. 50, is amended by adding the following subsection:
(2.1) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the registration committee must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the applicant.
38 Section 32 is amended by adding the following subsections:
(1.1) If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that the registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the registrant or whether to suspend or cancel the registration of the registrant.
(1.2) An applicant or a registrant against whom action has been taken under subsection (1.1) or section 19 (2.1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 39 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.
39 Section 31 of the Medical Practitioners Act, R.S.B.C. 1979, c. 254, is amended by renumbering the section as section 31 (1) and by adding the following subsection:
(2) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the council must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the profession by the applicant.
40 Section 47 is amended by adding the following subsection:
(4) If a member fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that any member of the college presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the council shall, after giving the member an opportunity to be heard, review the registration of the member and, taking the failure or the determination into account, decide whether to set limits or conditions on the practice of the profession by the member or suspend or cause the member's name to be erased from the register.
41 Section 8 of the Naturopaths Act, R.S.B.C. 1979, c. 297, is amended by adding the following subsection:
(1.1) If a candidate fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a candidate presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account when deciding whether to register the candidate or whether to set limits or conditions on the practice of naturopathy by the candidate.
42 The following section is added:
11.7 (1) If a naturopathic physician fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a naturopathic physician presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the naturopathic physician or whether to suspend or cancel the registration of the naturopathic physician.
(2) A naturopathic physician against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 6 respecting an appeal from a decision of the board apply to an appeal under this section.
43 Section 5 of the Nurses (Licensed Practical) Act, R.S.B.C. 1979, c. 300, is amended by adding the following paragraph:
(b.1) shall consider any failure to authorize a criminal record check under the Criminal Records Review Act or any determination made by an adjudicator under that Act that an applicant or licensed practical nurse presents a risk of physical or sexual abuse to children unless that determination has been overturned by an appeal panel under that Act; .
44 Section 7 is amended by adding the following subsection:
(1.1) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the council must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of practical nursing by the applicant.
45 The following section is added:
7.7 (1) If a licensed practical nurse fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a licensed practical nurse presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the council must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the licensed practical nurse or whether to suspend or cancel the registration of the licensed practical nurse.
(2) A licensed practical nurse against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and for these purposes, the provisions of section 8.1 respecting an appeal from a decision of the council apply to an appeal under this section.
46 Section 12 of the Nurses (Registered) Act, R.S.B.C. 1979, c. 302, is amended by adding the following subsection:
(5) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board of directors must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of nursing by the applicant.
47 The following section is added:
24.01 (1) If a member fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a member presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the professional conduct committee must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of nursing by the member or whether to suspend or cancel the registration of the member.
(2) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and for these purposes, the provisions of section 29 respecting an appeal from a decision of the board of directors apply to an appeal under this section.
48 The Nurses (Registered Psychiatric) Act, R.S.B.C. 1979, c. 301, is amended by adding the following section:
7.7 (1) If an applicant for registration or a member fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant or a member presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board or the professional conduct committee must take the failure or the determination into account
(a) when deciding whether to register the applicant or set limits or conditions on the practice of psychiatric nursing by the applicant, or
(b) investigate the matter and decide whether to set limits or conditions on the practice of psychiatric nursing by the member or suspend or cancel the registration of the member.
(2) A member against whom action has been taken in subsection (1) (b) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 8 respecting an appeal from a decision of the board apply to an appeal under this section.
49 Section 12 of the Optometrists Act, R.S.B.C. 1979, c. 307, is amended by adding the following subsection:
(4) If an applicant for registration fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of optometry by the applicant.
50 Section 14 is amended by adding the following subsection:
(1.11) If a member fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a member presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the member or whether to suspend or cancel the registration of the member.
51 Section 4 of the Podiatrists Act, R.S.B.C. 1979, c. 330, is amended by adding the following subsection:
(2.1) If an applicant for registration fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of podiatry by the applicant.
52 Section 9 is amended by adding the following subsection:
(2.1) If a registered podiatrist fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a holder of a certificate of registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the registered podiatrist or whether to suspend or cancel the registration of the registered podiatrist.
53 Section 9 of the Psychologists Act, R.S.B.C. 1979, c. 342, is amended
(a) in subsection (2) by striking out "subsections (3) and (4)" and substituting "subsections (2.1), (3) and (4)", and
(b) by adding the following subsection:
(2.1) If a registered psychologist or a person applying to be a registered psychologist fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a registered psychologist or applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must
(a) take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of psychology by the applicant, or
(b) investigate the matter and decide whether to set limits or conditions on the practice of the registered psychologist or suspend or cancel the registration of the registered psychologist.
54 The Social Workers Act, R.S.B.C. 1979, c. 389, is amended by adding the following section:
3.01 If an applicant for registration or a registered social worker fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant or a registered social worker presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the board must take the failure or the determination into account when deciding whether to
(a) register the applicant or set terms or conditions on the practice of social work by the applicant, or
(b) set terms or conditions on the practice of the registered social worker or suspend or cancel the registration of the registered social worker.
55 Section 25 (1) of the Teaching Profession Act, S.B.C. 1987, c. 19, is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:
(c) if a person fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined the person presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, admit the person to membership until the college has taken the failure or the determination into account.
56 The following section is added:
28.1 If a member fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that a member presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the council or discipline committee shall inquire into the conduct or the competence of the member.
57 Sections 29 (1) and 31 (1) are amended by striking out "section 28" and substituting "sections 28 and 28.1".
58 Section 31 (3) is amended by striking out "section 28 (4)," and substituting "sections 28 (4) and 28.1,".
59 This Act comes into force by regulation of the Lieutenant Governor in Council.
Schedule 1
(Section 1, definition of "relevant offences")
1 The following sections of the Criminal Code (Canada) are designated as relevant offences:
section 151: (Sexual Interference);
section 152: (Invitation to Sexual Touching);
section 153: (Sexual Exploitation);
section 155: (Incest);
section 159: (Anal Intercourse);
section 160: (Bestiality);
section 161: (Order of Prohibition);
section 163.1: (Child Pornography);
section 170: (Parent or Guardian Procuring Sexual Activity);
section 171: (Householder Permitting Sexual Activity);
section 172: (Corrupting Children);
section 173 (1): (Indecent Acts);
section 173 (2): (Exposure);
section 177: (Trespassing at Night);
section 179: (Vagrancy);
section 212 (1): (Procuring a Person for the Purposes of Prostitution);
section 212 (2): (Living Off Avails of Child Prostitution);
section 212 (4): (Attempting to Obtain the Sexual Services of a Child);
section 215: (Duties of Persons to Provide Necessities);
section 218: (Abandoning Child);
section 220: (Causing Death by Criminal Negligence);
section 221: (Causing Bodily Harm by Criminal Negligence);
section 229: (Murder);
section 235: (Punishment for Murder);
section 236: (Punishment for Manslaughter);
section 237: (Punishment for Infanticide);
section 238: (Killing Unborn Child in Act of Birth);
section 239: (Attempt to Commit Murder);
section 240: (Accessory after Fact to Murder);
section 242: (Neglect to Obtain Assistance in Child Birth);
section 243: (Concealing Body of Child);
section 244: (Causing Bodily Harm with Intent);
section 245: (Administering Noxious Thing);
section 246: (Overcoming Resistance to Commission of Offence);
section 264: (Criminal Harassment);
section 264.1: (Uttering Threats);
section 266: (Assault);
section 267: (Assault with a Weapon or Causing Bodily Harm);
section 268: (Aggravated Assault);
section 269: (Unlawfully Causing Bodily Harm);
section 271: (Sexual Assault);
section 272: (Sexual Assault with a Weapon, Threats to a Third Party or Causing Bodily Harm);
section 273: (Aggravated Sexual Assault);
section 273.3: (Removal of Child from Canada);
section 279: (Kidnapping/Forcible Confinement);
section 279.1: (Hostage Taking);
section 280: (Abduction of Person under Sixteen);
section 281: (Abduction of Person under Fourteen);
section 282: (Abduction in Contravention of Custody Order);
section 283: (Abduction);
section 372: (False Messages/Indecent Telephone Calls/ Harassing Telephone Calls);
section 810: (Where Injury or Damage Feared);
section 810.1: (Where Fear of Sexual Offence).
2 The following sections of the Food and Drugs Act (Canada) are designated as relevant offences:
section 39: (Trafficking in Controlled Drug);
section 48: (Trafficking in Restricted Drug).
3 The following section of the Narcotic Control Act (Canada) is designated as a relevant offence:
section 4: (Trafficking).
Schedule 2
(Section 1, definition of "governing body")
1 Chiropractors Act
2 Dentists Act
3 Health Emergency Act
4 Health Professions Act
5 Medical Practitioners Act
6 Naturopaths Act
7 Nurses (Licensed Practical) Act
8 Nurses (Registered) Act
9 Nurses (Registered Psychiatric) Act
10 Optometrists Act
11 Podiatrists Act
12 Psychologists Act
13 Social Workers Act
14 Teaching Profession Act
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