Bill 10 – 2017: Health Professions Amendment Act, 2017

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

SECTION 1: [Health Professions Act, section 1]

removes unnecessary cross-references;
repeals and replaces the definition of "college" to add a reference to continued and amalgamated colleges, consequential to the amendment by this Bill of section 15.1 of the Act and the enactment by this Bill of Part 2.01 of the Act;
adds definitions of "first board" and "quality assurance committee".

(a) in the definition of "board" by striking out "established under section 17 (1)" and substituting "appointed or elected under section 17",

(b) in the definition of "bylaw" by striking out "section 19 or 49;" and substituting "this Act;",

(d) in the definitions of "discipline committee", "inquiry committee" and "registration committee" by striking out "under section 19 (1) (t);" and substituting "for the college;", and

"first board" means the first board for a college that is appointed under section 17 (2);

"quality assurance committee" means the quality assurance committee for a college as established by a bylaw for the college; .

SECTION 2: [Health Professions Act, section 6.4] is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Act.

SECTION 3: [Health Professions Act, section 9] clarifies that general investigation powers do not apply to investigations under Part 2.01 of the Act.

3 Section 9 (2) is amended by adding "other than an investigation under Part 2.01," after "an investigation under this Act,".

SECTION 4: [Health Professions Act, section 12] is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Act.

(a) the name of the college responsible for carrying out the objects of this Act in respect of the health profession; .

SECTION 5: [Health Professions Act, section 15] is consequential to

the repeal and replacement by this Bill of the definition of "college" in section 1 of the Act, and
the amendments by this Bill to section 17 of the Act in relation to the appointment of the first board for a college.

(1) On designation of a health profession under section 12 (1), a college responsible for carrying out the objects of this Act in respect of the health profession is established. ,

SECTION 6: [Health Professions Act, section 15.1] is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Act.

SECTION 7: [Health Professions Act, section 16] is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Act.

7 Section 16 (2) (k) (i) is amended by striking out "established under this Act".

SECTION 8: [Health Professions Act, section 17]

is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Act;
authorizes the minister to appoint the first board for a college and to set terms for appointed members, including different terms for different persons;
provides that membership requirements for the board for a college do not apply until the first board has been entirely replaced or until a date set by the minister;
amends the authority of board members whose appointments end to allow the completion of unfinished committee work, consequential to the enactment by this Bill of sections 25.05 and 25.06 of the Act.

(a) appoint to the first board for a college persons who each hold office for the term set by the minister, and

(b) set a date by which all members of the board must be appointed or elected in accordance with the bylaws.

(2.1) For the purposes of subsection (2) (a), the minister may set different terms for different persons. ,

(c) in subsection (3) by striking out "Following the first election referred to in subsection (2) respecting a college," and substituting "Subject to subsection (4.1),",

(d) in subsection (4) by striking out "The number of persons" and substituting "Subject to subsection (4.1), the number of persons",

(4.1) The board for a college is deemed to be constituted in accordance with subsections (3) and (4) beginning on the date of the appointment of the first board under subsection (2) and ending on the earlier of the following dates:

(a) the date on which all members of the board have been appointed or elected in accordance with subsection (3) (a) to (a.2);

(5) Subject to sections 25.05 and 25.06, a member of a board who has resigned or whose appointment or term of office has expired or otherwise ended may, even if a successor is appointed or elected, continue to serve as a member of a committee established under section 19 (1) (t) to complete work of the committee that began before the resignation or the expiry or end of the term.

SECTION 9: [Health Professions Act, section 18.3] authorizes the minister to appoint a public administrator to discharge the powers and duties of a board.

Appointment of a public administrator

18.3 (1) Without limiting sections 18.1 and 18.2, the minister may appoint a public administrator to discharge the powers and duties of a board under this Act if the minister considers this to be necessary in the public interest, whether or not the minister has exercised any other power under this Act.

(2) On the appointment of a public administrator, the members of the board cease to hold office unless otherwise ordered by the minister.

(a) the powers, duties and responsibilities of a public administrator appointed under this section, or

(b) how a board will operate after the appointment of a public administrator has ended, including specifying whether a new board will be

(i) appointed under section 17 (2), as if the new board were the first board for the college, or

(4) The expenses incurred by the government under this section respecting a college are a debt due and owing by the college to the government.

SECTION 10: [Health Professions Act, section 19] authorizes the board for a college to make bylaws for the purpose of replacing the first board for the college.

(b.1) establish procedures and timelines for the replacement of the first board for a college appointed under section 17 (2) by the persons referred to in subsection (3) (a) to (a.2) of that section; .

SECTION 11: [Health Professions Act, Part 2.01]

authorizes the minister to determine whether to amalgamate 2 or more colleges into a single college, and the Lieutenant Governor in Council to effect an amalgamation if recommended by the minister;
provides transitional provisions for

the continuance of property, rights and interests, including records and confidential information, and of obligations and liabilities, of former colleges,
the governance of amalgamated colleges,
the continued exercise of powers and performance of duties that were bein
the continuance of permits that were issued to health profession corporations by former colleges, and
the making of orders to address transitional difficulties.

Interpretation

"amalgamated college" means the college that results from an amalgamation of 2 or more colleges under this Part;

"amalgamation date" means, subject to subsection (2), the date on which the amalgamation of 2 or more colleges under this Part occurs;

(c) a panel of, or a person appointed by or acting on behalf of, a committee referred to in paragraph (a) or (b) of this definition;

"former college", in relation to an amalgamated college, means a college that is amalgamating, or has amalgamated, under this Part with another college to form the amalgamated college;

(2) For the purposes of this Part, if a time is set under section 25.03 (1) (b), a reference to the amalgamation date is to be read as a reference to that time on the amalgamation date.

Determination of whether to amalgamate colleges

25.02 (1) The minister may determine whether 2 or more colleges should be amalgamated under this Part

(2) Without limiting an investigation under this Part, the minister may do one or more of the following for the purposes of the investigation:

(d) do other things that the minister considers necessary and incidental to the consideration of the matter.

(3) If the minister conducts an examination under subsection (2) (b), the minister may order a person to attend the examination, to give evidence and to produce records in the possession of or under the control of the person.

(4) In determining whether 2 or more colleges should be amalgamated under this Part, the minister must

(a) have regard to any information obtained through a request or any investigation made under subsection (1), and

(5) If the minister determines that 2 or more colleges should be amalgamated under this Part, the minister must recommend amalgamation to the Lieutenant Governor in Council.

(6) If the minister determines that 2 or more colleges should not be amalgamated under this Part, and if the minister received a request to amalgamate or acted under subsection (2) (a) or (b), the minister must refuse the request and provide reasons for the refusal to the college that made the request or was subject to the action.

(7) The Lieutenant Governor in Council may make regulations respecting the criteria to be applied under subsection (4).

Amalgamation

(b) set the date and, if the Lieutenant Governor in Council considers it necessary or advisable, the time of the amalgamation.

(2) On amalgamation, the colleges specified under subsection (1) (a) of this section continue under this Act as one corporation consisting of

(a) the members of the board as appointed or elected in accordance with section 17, and

(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed by the minister for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.

(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.

Property and obligations on amalgamation

25.04 (1) When colleges are amalgamated under this Part into an amalgamated college,

(a) the amalgamated college may continue to exercise a power or perform a duty that began to be exercised or performed by a former college before the amalgamation date,

(b) the property, rights and interests of each former college continue to be the property, rights and interests of the amalgamated college,

(c) the records and confidential information in the possession of or under the control of a former college as of the amalgamation date are deemed to be the records and confidential information in the possession of or under the control of the amalgamated college,

(d) a reference to a former college in any commercial paper, contract, lease, licence, permit or other instrument or document is deemed to be a reference to the amalgamated college,

(e) the amalgamated college continues to be liable for the obligations of each former college,

(f) an existing cause of action, claim or liability to prosecution is unaffected,

(g) a legal proceeding being prosecuted or pending by or against a former college may be prosecuted, or its prosecution may be continued, by or against the amalgamated college, and

(h) a conviction against, or a ruling, order or judgment in favour of or against, a former college may be enforced by or against the amalgamated college.

(2) An amalgamation does not constitute an assignment by operation of law, a transfer or any other disposition of the property, rights and interests of a former college to the amalgamated college.

(3) A person does not contravene section 53 (1) if the person discloses, to a person exercising powers or performing duties on behalf of an amalgamated college, matters or things that came to the first person's knowledge while that person was exercising similar powers or performing similar duties on behalf of a former college.

Governance on amalgamation

25.05 (1) When colleges are amalgamated under this Part into an amalgamated college, all of the following occur on the amalgamation date:

(b) the terms of the members of the first board for the amalgamated college begin;

(d) the initial bylaws of the amalgamated college, made under section 19 for that college by that college's first board, take effect;

(e) subject to section 25.06 (2) and (3) and any bylaw made under section 25.06 (4),

(2) Section 19 (3) and (3.1) does not apply for the purpose of making the initial bylaws described in subsection (1) (d) of this section but does apply for the purpose of amending or repealing those bylaws after they take effect.

(3) For the purposes of providing an orderly transition from former colleges to an amalgamated college, the minister must appoint, under section 17 (2), the members of the first board for the amalgamated college.

(4) For the purposes of providing an orderly transition from former colleges to an amalgamated college,

(a) the minister may, by order, appoint one or more persons to exercise the powers and perform the duties of a board for a former college, and

(b) subject to any limit or condition set by the minister, a person appointed under paragraph (a)

(i) has all of the powers, duties, rights and obligations of the board for the former college, to the extent that those powers, duties, rights and obligations relate to the amalgamation, and

(ii) may, before the amalgamation date, exercise a power and perform a duty referred to in subparagraph (i) of this paragraph.

Powers and duties in progress

25.06 (1) Subject to subsections (2) to (4), when colleges are amalgamated under this Part into an amalgamated college, the officers and committees for the amalgamated college may exercise any power and perform any duty under this Act that an officer holding the same title with, or a committee having the same mandate of, a former college

(a) began to exercise or to perform, but did not complete, before the amalgamation date, or

(b) could have exercised with respect to a matter referred to in section 33 (4) that is alleged to have existed or occurred, but was not investigated, before the amalgamation date.

(2) If a discipline committee for a former college commenced a hearing before the amalgamation date, that committee is deemed to be a discipline committee for the amalgamated college for the purpose of continuing the hearing on and after the amalgamation date.

(3) If a quality assurance committee for a former college commenced an assessment before the amalgamation date, that committee is deemed to be a quality assurance committee for the amalgamated college for the purpose of continuing the assessment on and after the amalgamation date.

(4) The board for an amalgamated college may make a bylaw, subject to any limits or conditions the board considers necessary or advisable, authorizing an officer or committee for a former college to continue to exercise a power or to perform a duty that the officer or committee began to exercise or to perform, but did not complete, before the amalgamation date.

(5) If a bylaw is made under subsection (4), the authorized officer or committee is deemed to be an officer or committee for the amalgamated college for the purpose of continuing to exercise a power or to perform a duty on and after the amalgamation date.

(6) If a bylaw described in subsection (4) takes effect on the amalgamation date,

(b) section 19 (3) and (3.1) does not apply for the purpose of making the bylaw but does apply for the purpose of amending or repealing the bylaw.

(7) If a bylaw described in subsection (4) is made after the amalgamation date, the bylaw is deemed to have been made under section 19 if it is made in accordance with that section.

(8) Records, information and self assessments referred to in section 26.2 may be disclosed by a quality assurance committee for a former college, or by an assessor appointed by that committee or a person acting on that committee's behalf, to the quality assurance committee or an assessor for the amalgamated college as follows:

(a) despite section 26.2 (1), for the purpose of carrying out the objectives of the quality assurance program;

(b) for the purposes of section 26.2 (2) (a), to show that the registrant knowingly gave false information to the quality assurance committee or an assessor for the amalgamated college.

(9) An action taken under Part 3 with respect to an individual by an officer or committee for a former college is deemed to be the action of an officer holding the same title with, or a committee having the same mandate of, the amalgamated college.

Registrants and others on amalgamation

25.07 (1) When colleges are amalgamated under this Part into an amalgamated college, the persons who were, as of the amalgamation date,

(a) registrants or former registrants of each former college are deemed to be registrants or former registrants, as applicable, of the amalgamated college, or

(b) certified non-registrants or former certified non-registrants of each former college are deemed to be certified non-registrants or former certified non-registrants, as applicable, of the amalgamated college.

(2) A person who applied, before the amalgamation date, to be a registrant or certified non-registrant of a former college but whose application has not, as of the amalgamation date, been granted or refused is deemed to have made the application to the amalgamated college.

(3) Subject to the bylaws of the amalgamated college, if a bylaw made by a former college established a class or classes of registrants or certified non-registrants,

(a) a person referred to in subsection (1) continues to be a member of the same class or a comparable class established by the bylaws of the amalgamated college, and

(b) an applicant under subsection (2) is deemed to have applied to be a member of the same class, or a comparable class established by the bylaws of the amalgamated college, as that stated in the application.

(4) Subject to the bylaws of the amalgamated college, a limit or condition imposed under this Act before the amalgamation date

(a) on a registrant in respect of the registrant's practice of a designated health profession, or

(b) on a certified non-registrant in respect of the certified non-registrant's provision or performance of aspects of the practice of a designated health profession

Health profession corporations on amalgamation

25.08 (1) When colleges are amalgamated under this Part into an amalgamated college, a health profession corporation holding a valid permit issued by a former college

(a) is deemed to hold a valid permit issued, under section 43, by the amalgamated college, and

(b) continues to be subject to all limits and conditions, if any, of the permit as issued by the former college until the permit expires or is revoked.

(2) A corporation that applied, before the amalgamation date, to a former college for a permit or to renew a permit to operate as a health profession corporation but that has not, as of the amalgamation date, been granted or refused a permit is deemed to have made the application to the amalgamated college.

(3) If the board for a former college started a hearing under section 44 before the amalgamation date, that board is deemed to be the board for the amalgamated college for the purpose of continuing the hearing on and after the amalgamation date.

Transitional directions

25.09 For the purposes of providing an orderly transition from one or more particular former colleges to a particular amalgamated college, the minister may, by order, give directions as follows:

(a) respecting any matter that the minister considers is not provided for, or is not sufficiently provided for, in this Part;

(b) as the minister considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing the amalgamation into effect.

SECTION 12: [Health Professions Act, section 26.2] authorizes disclosure of confidential information to report to a health officer a significant risk of harm to the health or safety of the public or a group of people.

(a) in subsection (1) by striking out "a quality assurance committee and a person acting on its behalf" and substituting "that committee and a person acting on that committee's behalf", and

(2) Despite subsection (1), a quality assurance committee, an assessor appointed by that committee or a person acting on behalf of that committee may disclose information described in that subsection

(a) to show that the registrant knowingly gave false information to the quality assurance committee or assessor, or

(b) to the provincial health officer or a medical health officer within the meaning of the Public Health Act for the purpose of reporting a risk of significant harm to the health or safety of the public or a group of people.

SECTION 13: [Health Professions Act, section 39.1] is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Act.

13 Section 39.1 (1) (a) and (b) is amended by striking out "another college established under this Act" and substituting "another college under this Act".

SECTION 14: [Health Professions Act, section 55] is consequential to the enactment by this Bill of section 25.03 (3) of the Act.

14 Section 55 (2) (q) is amended by striking out "50 (3), 50.3 (4)" and substituting "25.03 (3), 50 (3) and 50.3 (4)".

Consequential Amendments

SECTION 15: [E-Health (Personal Health Information Access and Protection of Privacy) Act, section 12] is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Health Professions Act.

15 Section 12 (2) (c) to (e) of the E-Health (Personal Health Information Access and Protection of Privacy) Act, S.B.C. 2008, c. 38, is repealed and the following substituted:

(c) one person nominated by the board for the college responsible for carrying out the objects of the Health Professions Act in respect of the health profession of medicine,

(d) one person nominated by the board for the college responsible for carrying out the objects of the Health Professions Act in respect of the health profession of pharmacy,

(e) one person nominated by the board for the college responsible for carrying out the objects of the Health Professions Act in respect of the health profession of nursing, .

SECTION 16: [E-Health (Personal Health Information Access and Protection of Privacy) Act, sections 27 and 28] is consequential to the repeal and replacement by this Bill of section 12 (2) (c) and (d) of the Act.

SECTION 17: [Evidence Act, section 51] is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Health Professions Act.

17 Section 51 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended in paragraph (e) of the definition of "health care professional" by striking out "established or continued under" and substituting "within the meaning of".

SECTION 18: [Pharmacy Operations and Drug Scheduling Act, section 1] is consequential to the amendments by this Bill to section 1 of the Health Professions Act and the enactment by this Bill of Part 2.01 of that Act.

18 Section 1 of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, is amended

(a) in the definition of "board" by striking out "established under section 17 (1)" and substituting "appointed or elected under section 17",

"college" means the college responsible for carrying out the objects of the Health Professions Act in respect of the health profession of pharmacy; , and

(c) in the definition of "registrant" by striking out "person formerly registered as a member of the college under section 20" and substituting "former registrant within the meaning".

SECTION 19: [Workers Compensation Act, section 5.1] is consequential to the repeal and replacement by this Bill of the definition of "college" in section 1 of the Health Professions Act.

19 Section 5.1 (4) of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by repealing the definition of "psychologist" and substituting the following:

(a) a registrant of the college responsible for carrying out the objects of the Health Professions Act in respect of the health profession of psychology, or

Related Amendment

SECTION 20: [Public Health Act, section 1] repeals the definition of a term defined in the Interpretation Act.

20 Section 1 of the Public Health Act, S.B.C. 2008, c. 28, is amended by repealing the definition of "nurse practitioner".

Commencement

21 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes