The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as amended in Committee of the Whole on the 17th day of November, 2015
Craig James, Clerk of the House
HONOURABLE SUZANNE ANTON
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:
Part 1 – Advanced Education Amendments
College and Institute Act
1 Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended by adding the following definitions:
"capital fee" has the prescribed meaning;
"program or service fee" means
(a) a prescribed fee, or
(b) a fee for a prescribed program or a prescribed service
that is imposed and collected by the board on annual notice from a student society under section 21; .
2 Section 1 is amended in the definition of "university" by repealing paragraph (e) and substituting the following:
(e) the University of Northern British Columbia continued under the University Act, .
3 Section 19 is amended by adding the following subsection:
(3.2) Without limiting subsection (1) (b), the board may, in accordance with section 21 (1.1),
(a) impose fees on and collect fees from students who are not members of a student society, and
(b) remit those fees to the student society.
4 Section 21 is amended
(a) in subsection (1) by adding "from members of the student society" after "collect student society fees",
(b) by adding the following subsection:
(1.1) If student society fees to be collected under subsection (1) include a capital fee or a program or service fee, the board must
(a) impose on students who are not members of the student society a fee in an amount equal to an amount of the capital fee or the program or service fee that those students would have had to pay if they had been members of the student society, and
(b) direct the institution to collect the fee and remit that fee to the student society. ,
(c) in subsection (2) by striking out "If a student society" and substituting "Subject to subsection (2.1), if a student society",
(d) by adding the following subsections:
(2.1) If a student society changes student society fees that include a capital fee or a program or service fee, the new amount of or rate of change in the capital fee or the program or service fee must be approved, before a notice is issued under subsection (1), by a majority of those who vote in a referendum in which the following may vote:
(a) the members of the student society;
(b) the students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society.
(2.2) For the purposes of a referendum under subsection (2.1),
(a) a student society must include in the referendum students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society, and
(b) the bylaws and policies of the student society in relation to a referendum apply to students described in paragraph (a).
(2.3) For the purposes of a referendum under subsection (2.1),
(a) the registrar must provide the student society with information, including personal information, about the students who are not members of the student society to enable the student society to include those students in the referendum as required under this section, and
(b) the student society may collect the information, including the personal information, from the registrar and only use that information to include those students in the referendum as required under this section. , and
(e) in subsection (4) by adding ", or fees collected under subsection (1.1)," after "remit student society fees".
5 Section 68 is repealed and the following substituted:
68 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) for the purposes of the definition of "capital fee" in section 1, including, without limitation,
(i) prescribing types of fees, or what constitutes a fee, in relation to buildings and facilities, including fees for the operation and maintenance of buildings and facilities,
(ii) prescribing criteria for when a fee is included or excluded from a capital fee, and
(iii) prescribing circumstances in which a fee is included or excluded from a capital fee,
(b) for the purposes of the definition of "program or service fee" in section 1,
(i) prescribing fees to support the activities and operations of a student society, including, without limitation, association fees and membership fees, and
(ii) prescribing a program or a service, or types of programs or services, that a student society provides or intends to provide, and
(c) for the purposes of section 21 (1) (b).
(3) In making a regulation under subsection (2) (a) or (b), the Lieutenant Governor in Council may
(a) establish different classes of institutions, circumstances, things or other matters, and
(b) make different provisions, including exceptions, for those classes.
University Act
6 Section 1 of the University Act, R.S.B.C. 1996, c. 468, is amended by adding the following definitions:
"capital fee" has the prescribed meaning;
"program or service fee" means
(a) a prescribed fee, or
(b) a fee for a prescribed program or a prescribed service
that is imposed and collected by the board on annual notice from a student society under section 27.1; .
7 Section 27 (2) is amended by adding the following paragraph:
(n.1) in accordance with section 27.1 (1.1),
(i) to impose fees on and collect fees from students who are not members of a student society, and
(ii) remit those fees to the student society; .
8 Section 27.1 is amended
(a) in subsection (1) by adding "from members of the student society" after "collect student society fees",
(b) by adding the following subsection:
(1.1) If student society fees to be collected under subsection (1) include a capital fee or a program or service fee, the board must
(a) impose on and collect from students who are not members of the student society a fee in an amount equal to an amount of the capital fee or the program or service fee that those students would have had to pay if they had been members of the student society, and
(b) remit the fees to the student society. ,
(c) in subsection (2) by striking out "If a student society" and substituting "Subject to subsection (2.1), if a student society",
(d) by adding the following subsections:
(2.1) If a student society changes student society fees that include a capital fee or a program or service fee, the new amount of or rate of change in the capital fee or the program or service fee must be approved, before a notice is issued under subsection (1), by a majority of those who vote in a referendum in which the following may vote:
(a) the members of the student society;
(b) the students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society.
(2.2) For the purposes of a referendum under subsection (2.1),
(a) a student society must include in the referendum students who are not members of the student society if those students would have been entitled to vote in the referendum if they had been members of the student society, and
(b) the bylaws and policies of the student society in relation to a referendum apply to students described in paragraph (a).
(2.3) For the purposes of a referendum under subsection (2.1),
(a) the registrar must provide the student society with information, including personal information, about the students who are not members of the student society to enable the student society to include those students in the referendum as required under this section, and
(b) the student society may collect the information, including the personal information, from the registrar and only use that information to include those students in the referendum as required under this section. , and
(e) in subsection (4) by adding ", or fees collected under subsection (1.1)," after "remit student society fees".
9 Section 71 is amended
(a) in subsection (2) by adding the following paragraphs:
(a.1) for the purposes of the definition of "capital fee" in section 1, including, without limitation,
(i) prescribing types of fees, or what constitutes a fee, in relation to buildings and facilities, including fees for the operation and maintenance of buildings and facilities,
(ii) prescribing criteria for when a fee is included or excluded from a capital fee, and
(iii) prescribing circumstances in which a fee is included or excluded from a capital fee,
(a.2) for the purposes of the definition of "program or service fee" in section 1,
(i) prescribing fees to support the activities and operations of a student society, including, without limitation, association fees and membership fees, and
(ii) prescribing a program or a service, or types of programs or services, that a student society provides or intends to provide, , and
(b) by adding the following subsection:
(2.1) In making a regulation under subsection (2) (a.1) or (a.2), the Lieutenant Governor in Council may
(a) establish different classes of universities, circumstances, things or other matters, and
(b) make different provisions, including exceptions, for those classes.
10 In respect of an amount of or rate of change in a fee that was approved by referendum under section 21 of the College and Institute Act before the coming into force of sections 1 and 3 to 5 of this Act, the board may, despite section 21 (2.1) and (2.2) of the College and Institute Act as enacted by this Act,
(a) impose on students who are not members of a student society a fee in an amount equal to an amount of a capital fee or a program or service fee included in the approved student society fee that those students would have had to pay if they had been members of the student society, and
(b) direct the institution to collect the fee and remit that fee to the student society.
11 The board of governors under the Royal Roads University Act has the duties and may exercise the powers of the board of governors of a university set out in section 13 of this Act.
12 Section 13 of this Act applies for the purposes of the Thompson Rivers University Act.
13 In respect of an amount of or rate of change in a fee that was approved by referendum under section 27.1 of the University Act before the coming into force of sections 6 to 9 of this Act, a board may, despite sections 27.1 (2.1) and (2.2) of the University Act as enacted by this Act,
(a) impose on and collect from students who are not members of a student society a fee in an amount equal to an amount of a capital fee or a program or service fee included in the approved student society fee that those students would have had to pay if they had been members of the student society, and
(b) remit the fee to the student society.
Part 2 – Children and Family Development Amendments
Child, Family and Community Service Act
14 The heading to Part 2.1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is repealed and the following substituted:
Part 2.1 – Youth and Adult Support Services
and Agreements .
15 Section 12.3 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to the regulations, a director may make a written agreement with a person 19 years or older who, before the person's 19th birthday, was
(a) a child in care,
(b) the subject of an order for custody under this Act, other than as described in paragraph (a), or
(c) the subject of, or a party to, an agreement under this Act. ,
(b) in subsection (2) (b) by striking out "rehabilitative program." and substituting "life skills or rehabilitative program.", and
(c) by repealing subsection (3) and substituting the following:
(3) Subject to the regulations, the agreement may be renewed or, after an interval, another agreement under this section may be made.
16 Section 103 (2) is amended
(a) by adding the following paragraph:
(c.1) respecting the renewal and maximum duration of agreements under section 12.3; , and
(b) in paragraph (d) by striking out "Act;" and substituting "Act, including, without limitation, agreements referred to in paragraph (c);".
Part 3 – Energy and Mines Amendments
Utilities Commission Act
17 Section 1 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended in paragraph (e) of the definition of "petroleum industry" by striking out "the retail distribution" and substituting "the wholesale or retail distribution or sale".
18 Section 2 (5) is amended by striking out "and the staff of the commission." and substituting "of the other commissioners and the chief operating officer."
19 Section 7 is repealed and the following substituted:
7 (1) The commission
(a) must employ a chief operating officer,
(b) may employ a secretary and other officers and employees it considers necessary, and
(c) may, subject to sections 9.1 and 10, determine the duties, the conditions of employment and the remuneration of the persons employed under paragraph (a) or (b) of this subsection.
(2) The Public Service Act does not apply to the employment of persons under subsection (1).
20 The following section is added:
9.1 Subject to section 2 (5), the chief operating officer must
(a) oversee the operations of the commission, and
(b) supervise the work of the persons referred to in section 8 and the commission's employees.
21 Section 22 is amended
(a) by repealing subsection (1) and substituting the following:
(1) In this section, "minister" means the minister responsible for the administration of the Hydro and Power Authority Act. ,
(b) by repealing subsection (2) (a) (i) and substituting the following:
(i) a public utility, or , and
(c) in subsection (2) (a) (ii) by striking out "an eligible person" and substituting "a public utility" and by striking out "the eligible person" and substituting "the public utility".
22 Sections 44.2 (5.1), 46 (3.3) and 71 (2.21) and (2.51) are amended by striking out "and be guided by".
23 Section 61 (4) is amended by striking out "rise in the price" and substituting "change in the price".
24 Section 88 (3) is amended by striking out "the Lieutenant Governor in Council" and substituting "the minister responsible for the administration of the Hydro and Power Authority Act".
25 Section 116 is amended by striking out "With the approval of the Attorney General, the commission" and substituting "The commission".
26 Section 125.1 (4) is amended
(a) in paragraph (o) by striking out "and matters for the purposes of section 125.2 (3) (d)" and substituting "and requirements and matters for the purposes of section 125.2 (3)", and
(b) by repealing paragraph (p).
27 Section 125.2 is amended
(a) in subsection (1) in the definition of "reliability standard" by striking out "bulk power system" and substituting "bulk electric system",
(b) in subsection (3) by striking out "and" at the end of paragraph (c) and by adding the following paragraph:
(c.1) the application of the reliability standard to persons or persons in respect of specified equipment if the reliability standard were adopted under subsection (6), and ,
(c) in subsection (6) by adding ", by order," after "must", and
(d) by repealing subsections (8) and (9) and substituting the following:
(8) Subject to subsection (8.3), a reliability standard adopted under subsection (6) applies as specified in an order made under subsection (6).
(8.1) At the request of the commission, the authority must provide to the commission, in accordance with any directions made by the commission, a report assessing the application of a reliability standard adopted under subsection (6) to a specified person, a class of persons or a person in respect of specified equipment.
(8.2) Subsection (5) applies to a report received by the commission under subsection (8.1).
(8.3) After complying with subsection (5) respecting a report received under subsection (8.1), the commission may, by order, specify that a reliability standard adopted under subsection (6) applies or does not apply to a specified person, a class of persons or a person in respect of specified equipment.
(9) A reliability standard adopted under subsection (6) applies as specified in an order made under subsection (6) or (8.3) despite an exemption issued under section 22 or 88 (3).
Part 4 – Justice Amendments
Interjurisdictional Support Orders Act
28 Section 1 (1) of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, is amended by adding the following definitions:
"certification-exempt record" means a record that is in
(a) a class of records that originate from a court or administrative body that does not certify copies of the records in the class, or
(b) a prescribed class of records;
"eligible" means, when used to refer to a copy of a record referred to in the definition of "certified",
(a) a certified copy, or
(b) a copy that is not certified, if the record is a certification-exempt record; .
29 Sections 6 (4), 17 (1) and (2), 18 (1) and 26 (4) are amended by striking out "a certified" and substituting "an eligible".
30 Section 9 is amended
(a) in subsection (1) by striking out "must send the application to the British Columbia court." and by adding the following paragraphs:
(a) must send the support application to the British Columbia court, and
(b) must serve on the respondent
(i) a copy of the support application, and
(ii) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations. ,
(b) by repealing subsection (3) (a) and substituting the following:
(a) is unable to determine where the respondent habitually resides or is unable to serve the respondent under subsection (1) (b), or , and
(c) by repealing subsections (4) and (5).
31 Section 14 (1) is amended by striking out "section 9 (4) (b)" and substituting "section 9 (1) (b) (ii)".
32 Section 17 (2) is amended by striking out "the certified" and substituting "the eligible".
33 Section 29 is amended
(a) in subsection (1) by striking out "must send the application to the British Columbia court." and by adding the following paragraphs:
(a) must send the support variation application to the British Columbia court, and
(b) must serve on the respondent
(i) a copy of the support variation application, and
(ii) a notice requiring the respondent to appear at a place and time set out in the notice and to provide the information or documents required by the regulations. ,
(b) by repealing subsection (3) (a) and substituting the following:
(a) is unable to determine where the respondent habitually resides or is unable to serve the respondent under subsection (1) (b), or , and
(c) by repealing subsections (4) and (5).
34 Section 33 (1) is amended by striking out "section 29 (4) (b)" and substituting "section 29 (1) (b) (ii)".
35 Section 44 is amended by adding the following subsection:
(6) Without limiting subsection (1), the Lieutenant Governor in Council may prescribe classes of records for purposes of paragraph (b) of the definition of "certification-exempt record".
36 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Section 1 | By regulation of the Lieutenant Governor in Council |
| 3 | Sections 3 to 16 | By regulation of the Lieutenant Governor in Council |