The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 12th day of March, 2013
Craig James, Clerk of the House
HONOURABLE SHIRLEY BOND
MINISTER OF JUSTICE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended
(a) by adding the following definitions:
"criminal record check verification" means a criminal record check verification under this Act;
"criminal record check verification authorization" means an authorization for a criminal record check verification referred to in section 27.01; ,
(b) in the definition of "education institution" by striking out ", within the meaning of section 7,",
(c) by adding the following definitions:
"municipality" includes
(a) a regional district, and
(b) an improvement district;
"portable criminal record check" means a criminal record check, for an individual, that meets both of the following requirements:
(a) the authorization for the criminal record check was signed by the individual within 5 years of the date of a criminal record check verification authorization;
(b) the criminal record check did not result in a determination that the individual who authorized the criminal record check presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults;
"post secondary institution" means any of the following:
(a) a university under the University Act;
(b) the University of Northern British Columbia;
(c) the Royal Roads University;
(d) the Thompson Rivers University;
(e) an institution as defined in the College and Institute Act;
"registered specified organization" means a specified organization that is registered under section 24.1;
"specified organization" means any of the following that, in the opinion of the registrar, provides a benefit or service to children or vulnerable adults:
(a) a non-profit organization;
(b) the government;
(c) an agency of the government;
(d) a municipality;
(e) a board as defined in the School Act;
(f) a francophone education authority as defined in the School Act;
(g) an authority as defined in the Independent School Act;
(h) a post secondary institution;
(i) a public body as defined in the Health Authorities Act or a regional health board established under that Act that operates or provides funding to
(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 43 of that Act,
(iii) a facility or service related to medical or health care, or
(iv) a private hospital as defined in section 5 of the Hospital Act;
(j) 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;
(k) a corporation more than 50% of the shares or ownership of which is directly or indirectly vested in the government;
(l) an individual or corporation that receives operating funds from the government, other than a board or public body referred to in paragraph (e) or (i);
(m) a community care facility, as defined in the Community Care and Assisted Living Act, that is exempted under section 34 (5) (d) of that Act;
(n) the holder of a licence issued under the Community Care and Assisted Living Act;
(o) a registrant as defined in section 1 of the Community Care and Assisted Living Act;
(p) a registered member who uses one or more volunteers to assist the registered member in carrying on his or her occupation;
(q) any other prescribed persons or entities or prescribed classes of persons or entities;
"volunteer" means an individual who
(a) voluntarily provides services to a registered specified organization, and
(b) receives no monetary compensation in relation to the services or the time spent providing the services; ,
(d) in the definition of "work with children" by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:
(d) while providing services as a volunteer; , and
(e) in the definition of "work with vulnerable adults" by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:
(d) while providing services as a volunteer.
2 Section 3 is amended by striking out "or organization" in both places and substituting ", person or entity".
3 Section 4 is amended
(a) in subsection (1) by adding "if any," after "the prescribed fee,",
(b) by repealing subsection (2) (b) and substituting the following:
(b) provide to the individual who authorized the criminal record check and the following persons and entities notification that the individual has an outstanding charge relating to a relevant offence or specified offence or that the individual has been convicted of a relevant offence or specified offence and that the matter has been referred to the deputy registrar:
(i) the employer, if the individual is an employee or applicant for employment;
(ii) the governing body, if the individual is a registered member or an applicant for registration;
(iii) the administrator, if the individual is a child care provider or an applicant as defined in Part 5;
(iv) the education institution, if the individual is a registered student;
(v) the director of certification, if the individual is an individual referred to in section 17.5 (1);
(vi) the registered specified organization, if the individual is a volunteer or an applicant for volunteering. , and
(c) by repealing subsections (4) and (5) and substituting the following:
(4) The deputy registrar must promptly provide notification
(a) to the individual who authorized the criminal record check, and
(b) to the persons or entities that were provided with a notification under subsection (2) (b) of a determination under subsection (2) (a)
that the individual does not present a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.
(4.1) The deputy registrar must promptly provide notification
(a) to the individual who authorized the criminal record check, and
(b) to the persons or entities that were provided with a notification under subsection (2) (b) of a determination under subsection (2) (a)
that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.
(4.2) In addition to providing the notification under subsection (4.1), the deputy registrar must,
(a) determine if another person or entity, within 5 years of the date of the criminal record check authorization,
(i) was identified in a criminal record check authorization or a criminal record check verification authorization in respect of the individual who is the subject of the determination under subsection (2) (a), or
(ii) received a notification from the registrar or deputy registrar under this Part or Part 2.1 in respect of the individual who is the subject of the determination under subsection (2) (a),
(b) if there is a person or entity described in paragraph (a), take reasonable steps to determine if the individual continues to work with children or work with vulnerable adults for the person or entity, and
(c) if the deputy registrar determines that the individual continues to work with children or work with vulnerable adults for the person or entity, provide notification to that person or entity that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.
(5) The deputy registrar must provide written reasons for the determination under subsection (2) (a) to the individual who is the subject of the determination, if the individual so requests, and to any of the following persons or entities, if the person or entity so requests:
(a) the employer, if the individual is an employee or applicant for employment;
(b) the governing body, if the individual is a registered member or an applicant for registration;
(c) the administrator, if the individual is a child care provider or an applicant as defined in Part 5;
(d) the education institution, if the individual is a registered student;
(e) the director of certification, if the individual is an individual referred to in section 17.5 (1).
4 The following section is added:
4.1 (1) If, when carrying out a criminal record check under section 4 and after the registrar has made a determination under section 4 (2) that the individual who is the subject of the criminal record check has an outstanding charge relating to a relevant offence or specified offence or has been convicted of a relevant offence or specified offence,
(a) the registrar is requested not to proceed with the criminal record check, or
(b) the registered specified organization identified in the criminal record check authorization deregisters under section 24.2,
the registrar must refer the matter to the deputy registrar, if the registrar has not already referred the matter to the deputy registrar, and the deputy registrar must take the actions set out in this section.
(2) The deputy registrar must do the following if subsection (1) applies:
(a) determine if another person or entity, within 5 years of the date of the criminal record check authorization,
(i) was identified in a criminal record check authorization or a criminal record check verification authorization in respect of the individual, or
(ii) received a notification from the registrar or deputy registrar under this Part or Part 2.1 in respect of the individual;
(b) if there is a person or entity described in paragraph (a), take reasonable steps to determine if the individual continues to work with children or work with vulnerable adults for the person or entity;
(c) if the deputy registrar determines that the individual continues to work with children or work with vulnerable adults for the person or entity, determine whether the conviction or outstanding charge indicates that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.
(3) In making a determination under subsection (2) (c) of this section, the deputy registrar must consider the factors set out in section 4 (3).
(4) If the deputy registrar makes a determination under subsection (2) (c) that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the deputy registrar must promptly provide notification of the determination
(a) to the individual who is the subject of the determination, and
(b) to the persons and entities described in subsection (2) (a).
5 Section 5 is amended
(a) in subsection (1) by adding "or 4.1" after "section 4", and
(b) by repealing subsections (7) and (8) and substituting the following:
(7) The registrar must promptly provide notification of a decision under subsection (6) (a) or (b) to the individual who is the subject of the decision and to the persons or entities that were provided with a notification under section 4 (4.1) or (4.2) or 4.1 (4), as applicable.
(8) The registrar must provide written reasons for the decision under subsection (6) (a) or (b) to the individual who is the subject of the decision, if the individual so requests, and to any of the following persons or entities, if the person or entity so requests:
(a) the employer, if the individual is an employee or applicant for employment;
(b) the governing body, if the individual is a registered member or an applicant for registration;
(c) the administrator, if the individual is a child care provider or an applicant as defined in Part 5;
(d) the education institution, if the individual is a registered student;
(e) the director of certification, if the individual is an individual referred to in section 17.5 (1).
6 Section 6 (1) is amended by adding the following paragraph:
(g) the registered specified organization, if the individual is a volunteer or an applicant for volunteering.
7 The following Part is added:
Part 2.1 – Criminal Record Check Verification
6.1 (1) When the registrar receives a criminal record check verification authorization and the prescribed fee, if any, the registrar must carry out a criminal record check verification to determine if the individual who authorized the criminal record check verification has a portable criminal record check.
(2) If the registrar determines that the individual has a portable criminal record check, the registrar must promptly provide notification to the persons and entities identified in the criminal record check verification authorization that the individual has a portable criminal record check.
(3) If the registrar determines that the individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the registrar must promptly provide notification to the individual that the individual does not have a portable criminal record check.
(4) If the registrar determines that the individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the registrar must promptly provide notification to the individual and to the persons and entities identified in the criminal record check verification authorization that
(a) the individual does not have a portable criminal record check, and
(b) a criminal record check in respect of the individual carried out within 5 years of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.
8 Section 7 (1) is repealed.
9 Section 8 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (1.1), an employer must ensure that every individual who is hired for employment involving work with children or work with vulnerable adults and every employee who works with children or works with vulnerable adults undergoes
(a) a criminal record check, or
(b) a criminal record check verification.
(1.1) An employer may require an applicant for employment or an employee to undergo a criminal record check even if the applicant or employee could undergo a criminal record check verification. , and
(b) in subsection (2) by adding "or criminal record check verification" after "criminal record check".
10 Section 9 is amended
(a) by repealing subsection (1) and substituting the following:
(1) When an individual is offered employment that involves working with children or working with vulnerable adults, the individual must provide to the employer a criminal record check authorization or a criminal record check verification authorization, as applicable. , and
(b) in subsection (2) by striking out "provided the criminal record check authorization in accordance" and substituting "complied".
11 Section 10 is amended
(a) by repealing subsection (1) and substituting the following:
(1) An employee who works with children or works with vulnerable adults must
(a) undergo a criminal record check at least once every 5 years, and
(b) provide to his or her employer a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the employee provided to his or her employer the employee's last criminal record check authorization or criminal record check verification authorization. ,
(b) in subsection (2) by adding "or a criminal record check verification authorization" after "does not provide a criminal record check authorization", and
(c) in subsection (2) (a) and (b) by adding "or criminal record check verification authorization, as applicable" after "criminal record check authorization".
12 The following section is added:
10.1 If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,
(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 working with vulnerable adults until the individual provides a criminal record check authorization, or
(b) if the individual is an employee, the employer must ensure that the individual does not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.
13 Section 11 is amended
(a) by renumbering the section as section 11 (1),
(b) in subsection (1) by adding ", in a criminal record check under Part 2," after "If the deputy registrar determines", and
(c) by adding the following subsection:
(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children,
(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 individual does not work with children.
14 Section 11.1 is amended
(a) by renumbering the section as section 11.1 (1),
(b) in subsection (1) by adding ", in a criminal record check under Part 2," after "If the deputy registrar determines", and
(c) by adding the following subsection:
(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical, sexual or financial abuse to vulnerable adults,
(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 individual does not work with vulnerable adults.
15 Section 12 (1) is amended by striking out "a relevant offence subsequent to a criminal record check," and substituting "a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification,".
16 Section 13 (1) is repealed and the following substituted:
(1) Subject to subsection (1.1), a governing body must ensure that every member of the governing body who is registered and every individual who applies for registration undergoes
(a) a criminal record check, or
(b) a criminal record check verification.
(1.1) A governing body may require an applicant for registration or a registered member to undergo a criminal record check even if the applicant or registered member could undergo a criminal record check verification.
17 Section 14 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Before an individual is registered as a member of a governing body, the individual must provide to the governing body a criminal record check authorization or a criminal record check verification authorization, as applicable. , and
(b) in subsection (2) by striking out "provided the criminal record check authorization in accordance" and substituting "complied".
18 Section 15 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A registered member must
(a) undergo a criminal record check at least once every 5 years, and
(b) provide to his or her governing body a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the registered member provided to his or her governing body the registered member's last criminal record check authorization or criminal record check verification authorization. ,
(b) in subsection (2) by adding "or criminal record check verification authorization" after "does not provide the criminal record check authorization", and
(c) in subsection (2) (a) by adding "or criminal record check verification authorization, as applicable" after "has provided the criminal record check authorization".
19 The following section is added:
15.1 If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,
(a) if the individual is an applicant for registration, the governing body must ensure that the individual is not registered until the individual provides a criminal record check authorization, or
(b) if the individual is a registered member, the individual must not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.
20 Section 16 is amended
(a) in subsection (1) by adding ", in a criminal record check under Part 2," after "If the deputy registrar determines",
(b) by adding the following subsection:
(1.1) If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the governing body must investigate or review the individual's registration or application for registration and take appropriate action under the Act that governs the governing body. , and
(c) in subsection (2) by adding "or (1.1)" after "subsection (1)".
21 Sections 17 (1), 17.4 (1) and 23 (1) are amended by adding "or criminal record check verification" after "subsequent to a criminal record check".
22 The heading to Part 4.1 is amended by striking out "Working with Children".
23 Section 17.1 (1) is repealed and the following substituted:
(1) Subject to subsection (1.1), an education institution must ensure that every registered student who will work with children or work with vulnerable adults undergoes
(a) a criminal record check, or
(b) a criminal record check verification.
(1.1) An education institution may require a registered student to undergo a criminal record check even if the registered student could undergo a criminal record check verification.
24 Section 17.2 is repealed and the following substituted:
17.2 (1) Before working with children or working with vulnerable adults, a registered student must provide to his or her education institution a criminal record check authorization or a criminal record check verification authorization, as applicable.
(2) A registered student must not work with children or work with vulnerable adults unless the registered student has complied with subsection (1).
25 The following section is added:
17.21 If the registrar determines, in a criminal record check verification under Part 2.1, that a registered student does not have a portable criminal record check because the registered student has never undergone a criminal record check or the registered student underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the education institution must ensure the registered student does not work with children or work with vulnerable adults as a registered student until the registered student provides a criminal record check authorization.
26 Section 17.3 is amended
(a) by renumbering the section as section 17.3 (1),
(b) in subsection (1) by adding ", in a criminal record check under Part 2," after "If the deputy registrar determines", and
(c) by adding the following subsection:
(2) If the registrar determines, in a criminal record check verification under Part 2.1, that a registered student does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the registered student presents a risk of physical or sexual abuse to children, the education institution must ensure that the registered student does not work with children as a registered student.
27 Section 17.31 is amended
(a) by renumbering the section as section 17.31 (1),
(b) in subsection (1) by adding ", in a criminal record check under Part 2," after "If the deputy registrar determines", and
(c) by adding the following subsection:
(2) If the registrar determines, in a criminal record check verification under Part 2.1, that a registered student does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the registered student presents a risk of physical, sexual or financial abuse to vulnerable adults, the education institution must ensure that the registered student does not work with vulnerable adults as a registered student.
28 The following section is added to Part 4.2:
17.41 In this Part:
"certificate" means a certificate of qualification or an independent school teaching certificate issued under section 30 of the Teachers Act;
"certificate holder" means an individual who holds a certificate;
"letter of permission" means a letter of permission issued under section 35 of the Teachers Act.
29 Section 17.5 (1) is repealed and the following substituted:
(1) Subject to subsection (1.1), the director of certification must ensure that every individual who applies for a certificate, every certificate holder and every individual who applies for a letter of permission undergoes
(a) a criminal record check, or
(b) a criminal record check verification.
(1.1) The director of certification may require an individual described in subsection (1) to undergo a criminal record check even if the individual could undergo a criminal record check verification.
30 Sections 17.6 to 17.8 are repealed and the following substituted:
17.6 (1) Before a certificate or a letter of permission is issued, an applicant must provide to the director of certification a criminal record check authorization or a criminal record check verification authorization, as applicable.
(2) If an applicant does not comply with subsection (1), the director of certification must not issue to the applicant a certificate or a letter of permission, as applicable.
17.7 (1) A certificate holder must
(a) undergo a criminal record check at least once every 5 years, and
(b) provide to the director of certification a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the certificate holder provided to the director of certification the certificate holder's last criminal record check authorization or criminal record check verification authorization.
(2) If a certificate holder does not provide a criminal record check authorization or a criminal record check verification authorization as required by subsection (1) or section 17.9, the director of certification must take appropriate action under the Teachers Act.
17.71 If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because the applicant for a certificate, the certificate holder or the applicant for a letter of permission has never undergone a criminal record check or the applicant for a certificate, the certificate holder or the applicant for a letter of permission underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the director of certification must take appropriate action under the Teachers Act.
17.8 (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or conviction indicates that an applicant for a certificate, a certificate holder or an applicant for a letter of permission presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5, the director of certification must take appropriate action under the Teachers Act.
(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant for a certificate, the certificate holder or the applicant for a letter of permission presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the director of certification must take appropriate action under the Teachers Act.
31 Section 17.9 is amended
(a) in subsection (1) by striking out "If a person who holds a certificate of qualification or an independent school teaching certificate under section 30 of the Teachers Act is charged with or convicted of a relevant offence subsequent to a criminal record check, the person" and substituting "If a certificate holder is charged with or convicted of a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, the certificate holder", and
(b) in subsection (2) by striking out "a person who holds a certificate of qualification or an independent school teaching certificate under section 30 of the Teachers Act" and substituting "a certificate holder" and by striking out "a relevant offence," and substituting "a relevant offence or specified offence,".
32 Section 19 (1) is repealed and the following substituted:
(1) Subject to subsection (1.1), the administrator must ensure that every applicant and every child care provider undergoes
(a) a criminal record check, or
(b) a criminal record check verification.
(1.1) The administrator may require an applicant or a child care provider to undergo a criminal record check even if the applicant or child care provider could undergo a criminal record check verification.
33 Section 20 (1) is repealed and the following substituted:
(1) When an individual applies for registration under a prescribed program, the individual must provide to the administrator a criminal record check authorization or a criminal record check verification authorization, as applicable.
34 Section 21 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A child care provider must
(a) undergo a criminal record check at least once every 5 years, and
(b) provide to the administrator a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the child care provider provided to the administrator the child care provider's last criminal record check authorization or criminal record check verification authorization. ,
(b) in subsection (2) by adding "or criminal record check verification authorization", after "does not provide the criminal record check authorization", and
(c) in subsection (2) (a) and (b) by adding "or criminal record check verification authorization, as applicable" after "provided the criminal record check authorization".
35 The following section is added:
21.1 If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,
(a) if the individual is an applicant, the administrator must not register the individual until the individual provides a criminal record check authorization, or
(b) if the individual is a child care provider, the individual must not work with children until the individual provides a criminal record check authorization.
36 Section 22 (1) is repealed and the following substituted:
(1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5,
(a) if the individual is an applicant, the administrator must not register the individual, or
(b) if the individual is a child care provider, the administrator must revoke the registration of the individual under the prescribed program.
(1.1) If the registrar determines, in a criminal record check verification under Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children,
(a) if the individual is an applicant, the administrator must not register the individual, or
(b) if the individual is a child care provider, the administrator must revoke the registration of the individual under the prescribed program.
37 Section 24 is amended by adding "or a criminal record check verification authorization, as applicable," after "a criminal record check authorization".
38 The following Part is added:
Part 5.1 – Specified Organizations and Volunteers
24.1 (1) A specified organization may apply to the registrar, in the form and manner required by the registrar, to be a registered specified organization under this Act.
(2) If the registrar registers a specified organization that applies under subsection (1), the registrar must notify the specified organization that, from the date of notification, it is a registered specified organization for the purposes of this Act.
24.2 (1) A registered specified organization may notify the registrar, in the form and manner required by the registrar, that it wants to be deregistered.
(2) A specified organization ceases to be a registered specified organization for the purposes of this Act on the date the registrar receives notification under subsection (1).
24.3 (1) Subject to subsection (2), a registered specified organization must ensure that every individual who will work with children or work with vulnerable adults as a volunteer with the registered specified organization and every volunteer who works with children or works with vulnerable adults with the registered specified organization undergoes
(a) a criminal record check, or
(b) a criminal record check verification.
(2) A registered specified organization may require an applicant for volunteering or a volunteer with the registered specified organization to undergo a criminal record check even if the applicant or volunteer could undergo a criminal record check verification.
(3) Despite subsection (1), a registered specified organization must not require an applicant for volunteering with the registered specified organization to authorize a criminal record check or a criminal record check verification, as applicable, unless the applicant will be working with children or working with vulnerable adults as a volunteer with the registered specified organization.
(4) The registered specified organization must inform applicants for volunteering and volunteers of the requirements of this Act.
24.4 (1) Before working with children or working with vulnerable adults as a volunteer with a registered specified organization, an individual must provide to the registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable.
(2) A registered specified organization must ensure that an individual does not work with children or work with vulnerable adults as a volunteer with the registered specified organization unless the individual has complied with subsection (1).
24.5 (1) A volunteer with a specified organization who works with children or works with vulnerable adults at the time the specified organization is registered under section 24.1 must
(a) undergo a criminal record check at least once every 5 years, and
(b) provide to his or her registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable,
(i) within 1 year of the date of notification, under section 24.1 (2), that the specified organization is a registered specified organization, and
(ii) at least once every 5 years after the date on which authorization is provided in compliance with subparagraph (i).
(2) A volunteer with a registered specified organization who works with children or works with vulnerable adults must
(a) undergo a criminal record check at least once every 5 years, and
(b) provide to his or her registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the volunteer provided to his or her registered specified organization the volunteer's last criminal record check authorization or criminal record check verification authorization.
(3) If a volunteer does not provide a criminal record check authorization or a criminal record check verification authorization as required by subsection (1) or (2) or section 24.9,
(a) the volunteer must not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the volunteer has provided the criminal record check authorization or the criminal record check verification authorization, and
(b) the registered specified organization must ensure that the volunteer does not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the volunteer has provided the criminal record check authorization or the criminal record check verification authorization.
24.6 If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for volunteering or a volunteer with a registered specified organization does not have a portable criminal record check because the applicant or volunteer has never undergone a criminal record check or the applicant or volunteer underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the registered specified organization must ensure that the applicant or volunteer does not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the applicant or volunteer provides a criminal record check authorization.
24.7 (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or a conviction indicates that an applicant for volunteering or a volunteer with a registered specified organization presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5, the registered specified organization must ensure that the applicant or volunteer does not work with children as a volunteer with the registered specified organization.
(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for volunteering or a volunteer does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant or volunteer presents a risk of physical or sexual abuse to children, the registered specified organization must ensure that the applicant or volunteer does not work with children as a volunteer with the registered specified organization.
24.8 (1) If the deputy registrar determines, in a criminal record check under Part 2, that an outstanding charge or a conviction indicates that an applicant for volunteering or a volunteer with a registered specified organization 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 registered specified organization must ensure that the applicant or volunteer does not work with vulnerable adults as a volunteer with the registered specified organization.
(2) If the registrar determines, in a criminal record check verification under Part 2.1, that an applicant for volunteering or a volunteer with a registered specified organization does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant or volunteer presents a risk of physical, sexual or financial abuse to vulnerable adults, the registered specified organization must ensure that the applicant or volunteer does not work with vulnerable adults as a volunteer with the registered specified organization.
24.9 (1) If a volunteer who works with children or works with vulnerable adults is charged with or convicted of a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, the volunteer must promptly report the charge or conviction to the registered specified organization and provide to the registered specified organization a criminal record check authorization for a further criminal record check.
(2) When a registered specified organization becomes aware that a volunteer who works with children or works with vulnerable adults has an outstanding charge for, or has been convicted of, a relevant offence or specified offence, the registered specified organization must require the volunteer to provide a criminal record check authorization for a further criminal record check.
39 Section 27 is amended by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:
(d) include any other prescribed matter.
40 The following section is added:
27.01 The authorization for a criminal record check verification must
(a) be in the form provided by the registrar,
(b) be signed by the individual to whom the criminal record check verification will relate, and
(c) include any other prescribed matter.
41 Section 27.1 is amended by striking out "for a criminal record check" and substituting ", if any, for a criminal record check or for a criminal record check verification".
42 Section 28 is amended
(a) in subsection (1) by striking out everything after "section 6 (1), (2) or (3)," and substituting "8 (1) or (2) (b), 9 (2), 10 (2) (a) or (b), 10.1 (a) or (b), 11 (1) (a) or (b) or (2) (a) or (b), 11.1 (1) (a) or (b) or (2) (a) or (b), 12 (2) or (3), 13 (1), 14 (2), 15 (2) (a) or (b) or (3), 15.1 (a) or (b), 16 (1), (1.1), (2) or (3), 17 (2), (3) or (4), 17.1 (1), 17.2 (2), 17.21, 17.3 (1) or (2), 17.31 (1) or (2), 17.4 (2), 17.5 (1), 17.6 (2), 17.7 (2) (a) or (b), 17.71 (a) or (b), 17.8 (1) or (2), 17.9 (2), 19 (1), 20 (2), 21 (2), 21.1 (a) or (b), 22 (1) (a) or (b), (1.1) or (2), 23 (2), 24.3 (1) or (2) (b), 24.4 (2), 24.5 (3) (a) or (b), 24.6, 24.7 (1) or (2), 24.8 (1) or (2), 24.9 (2) or 28.1 (2) is guilty of an offence and liable to a fine of up to $5 000." , and
(b) in subsection (2) by striking out "15 (1), 17 (1), 17.2 (1), 17.4 (1), 17.7 (1), 17.9 (1), 21 (1) or 23 (1)" and substituting "15 (1) (b), 17 (1), 17.2 (1), 17.4 (1), 17.7 (1) (b), 17.9 (1), 21 (1) (b), 23 (1) or 24.9 (1)".
43 Section 28.1 (1) is amended by striking out "or 19" and substituting ", 19 or 24.3".
44 Section 29 is amended
(a) in subsection (2) (a) by striking out "making",
(b) by repealing subsection (2) (a.1),
(c) in subsection (2) by adding the following paragraphs:
(a.2) governing the procedure for criminal record check verifications;
(a.3) for the purpose of the definition of "specified organization" in section 1, prescribing persons and entities and classes of persons and entities;
(e.1) prescribing the fee payable for a criminal record check verification;
(e.2) exempting persons or classes of persons from the payment of a fee for a criminal record check or a criminal record check verification;
(h) prescribing matters for the purposes of sections 27 and 27.01;
(i) defining a word or expression used but not defined in this Act. ,
(d) in subsection (2) (f) by adding "or a criminal record check verification" after "a criminal record check", and
(e) by adding the following subsection:
(3) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different regulations for different persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations and for different classes of persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations;
(d) establish or define classes of persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations.
Emergency and Health Services Act
45 Section 6 of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is amended by adding the following subsection:
(6) If
(a) a person applying for registration fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act,
(b) the registrar under that Act has determined that a person applying for registration does not have a portable criminal record check, or
(c) the deputy registrar under that Act has determined that a person applying for registration presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar 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.
46 Sections 6 (2) to (5) and 8.1 are amended by adding "licensing" before "board" wherever it appears.
47 The following section is added:
8.1 If
(a) an emergency medical assistant fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act,
(b) the registrar under that Act has determined that an emergency medical assistant applying for registration does not have a portable criminal record check, or
(c) the deputy registrar under that Act has determined that an emergency medical assistant presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar 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 whether to suspend or cancel the registration of the emergency medical assistant.
48 Section 9 (1) is amended by adding "or 8.1" after "under section 7".
Emergency Health Services Act
49 Section 6 of the Emergency Health Services Act, R.S.B.C. 1996, c. 182, is amended by adding the following subsection:
(6) If
(a) a person applying for registration fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act,
(b) the registrar under that Act has determined that a person applying for registration does not have a portable criminal record check, or
(c) the deputy registrar under that Act has determined that a person applying for registration presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,
the licensing 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.
50 The following section is added:
8.1 If
(a) an emergency medical assistant refuses to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act,
(b) the registrar under that Act has determined that an emergency medical assistant applying for registration does not have a portable criminal record check, or
(c) the deputy registrar under that Act has determined that an emergency medical assistant presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,
the licensing 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 whether to suspend or cancel the registration of the emergency medical assistant.
51 Section 9 (1) is amended by adding "or 8.1" after "under section 7".
Health Professions Act
52 Section 20 (3) of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:
(3) Despite subsection (2), if
(a) a person applying for registration fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act,
(b) the registrar under that Act has determined that a person applying for registration does not have a portable criminal record check, or
(c) the deputy registrar under that Act has determined that a person applying for registration presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,
the registration committee must take the failure or the determination into account when deciding whether to grant registration to the person or whether to impose limits or conditions on the practice of the designated health profession by the person.
53 Section 33 (2) is repealed and the following substituted:
(2) If
(a) a registrant fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act,
(b) the registrar under that Act has determined that the registrant does not have a portable criminal record check, or
(c) the deputy registrar under that Act has determined that the registrant presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,
the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to impose limits or conditions on the practice of the designated health profession by the registrant or whether to suspend or cancel the registration of the registrant.
Social Workers Act
54 Section 13 (5) of the Social Workers Act, S.B.C. 2008, c. 31, is repealed.
Supplements Repeal Act
55 Sections 15 to 17 of the Supplements Repeal Act, S.B.C. 2006, c. 33, are repealed.
Teachers Act
56 Section 30 (3) (a) of the Teachers Act, S.B.C. 2011, c. 19, is repealed and the following substituted:
(a) if
(i) the person fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act, or
(ii) the deputy registrar under that Act has determined the person presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act, or .
57 Section 33 is amended
(a) in subsection (1) by striking out "or" at the end of paragraph (e),
(b) by repealing subsection (1) (f) and substituting the following:
(f) if the certificate holder does not authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act, or
(g) if the registrar under the Criminal Records Review Act has determined that the certificate holder does not have a portable criminal record check because the certificate holder has never undergone a criminal record check or the certificate holder underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization. , and
(c) by repealing subsection (2) (e) and (f) and substituting the following:
(e) 6 months after the date of suspension under subsection (1) (f) of this section if the certificate holder does not authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act, within that 6-month period,
(f) 6 months after the date of suspension under subsection (1) (g) of this section if the certificate holder does not authorize a criminal record check under the Criminal Records Review Act, within that 6-month period,
(g) if the registrar under the Criminal Records Review Act has determined that the certificate holder does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the criminal record check verification authorization resulted in a determination that the certificate holder presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, or
(h) if the deputy registrar under the Criminal Records Review Act has determined that a certificate holder presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act.
58 Section 35 (3) (a) is repealed and the following substituted:
(a) if
(i) the person fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act, or
(ii) the deputy registrar under that Act has determined the person presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act, or .
59 The Lieutenant Governor in Council may, by regulation, repeal any of sections 45 to 51 of this Act.
60 This Act comes into force by regulation of the Lieutenant Governor in Council.