The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE DAVID R. P. EBY
ATTORNEY GENERAL
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, Skills and
Training Amendments
College and Institute Act
SECTION 1: [College and Institute Act, section 59] removes the board membership eligibility restriction respecting employees who have responsibility to negotiate with the board the terms and conditions of service of members of the association or adjudicate disputes regarding members of the institution.
1 Section 59 (8) of the College and Institute Act, R.S.B.C. 1996, c. 52, is repealed.
Royal Roads University Act
SECTION 2: [Royal Roads University Act, section 5.1] removes the board membership eligibility restriction respecting employees who have responsibility to negotiate with the board the terms and conditions of service of members of the association or adjudicate disputes regarding members of the university.
2 Section 5.1 of the Royal Roads University Act, R.S.B.C. 1996, c. 409, is repealed.
University Act
SECTION 3: [University Act, section 23] removes the board membership eligibility restriction respecting employees who have responsibility to negotiate with the board the terms and conditions of service of members of the association or adjudicate disputes regarding members of the university.
3 Section 23 (1) (g) of the University Act, R.S.B.C. 1996, c. 468, is repealed.
Part 2 – Agriculture Amendments
Milk Industry Act
SECTION 4: [Milk Industry Act, section 1] provides for exceptions to the definition of "dairy plant" to be made by regulation.
4 Section 1 of the Milk Industry Act, R.S.B.C. 1996, c. 289, is amended by repealing the definition of "dairy plant" and substituting the following:
"dairy plant" includes, subject to the regulations, every place or building where
(a) milk is received from dairy farmers, or
(b) dairy products are processed, manufactured or pasteurized; .
SECTION 5: [Milk Industry Act, section 40] adds regulation-making powers to
5 Section 40 is amended
(a) in subsection (2) by adding the following paragraphs:
(y) for the purposes of the definition of "dairy plant", providing that the following are not dairy plants:
(i) a class of places or buildings;
(ii) a place or building in which only a prescribed type of dairy product is processed or manufactured;
(iii) a place or building in which persons within a class of persons process or manufacture dairy products;
(z) in respect of a place or building that would be a dairy plant but for a regulation made under paragraph (y),
(i) putting limits or conditions on the processing, manufacturing, marketing or supplying of dairy products in or from the place or building, and
(ii) requiring a person responsible for the place or building to comply with one or more provisions of this Act as if the place or building were a dairy plant. , and
(b) in subsection (4) by adding the following paragraphs:
(d) exempting a class of persons from one or more provisions of this Act or the regulations;
(e) establishing classes for the purposes of this section.
Part 3 – Attorney General Amendments
Mental Health Act
SECTION 6: [Mental Health Act, section 24.1] authorizes the appointment of retired medical practitioners to review panels under section 24.1 of the Act.
6 Section 24.1 (3) (a) and (c) of the Mental Health Act, R.S.B.C. 1996, c. 288, is repealed and the following substituted:
(a) a medical practitioner or a person who has been a medical practitioner,
(c) a person who is not referred to in paragraph (a) and is not a lawyer.
Offence Act
SECTION 7: [Offence Act, section 13.1] provides express authority for the laying of an information by any means of telecommunication that produces a writing.
7 The Offence Act, R.S.B.C. 1996, c. 338, is amended by adding the following section:
13.1 (1) A peace officer may lay an information by any means of telecommunication that produces a writing.
(2) A peace officer who uses a means of telecommunication for the purpose of laying an information must, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the peace officer's knowledge and belief, and such a statement is deemed to be a statement made under oath.
Public Guardian and Trustee Act
SECTION 8: [Public Guardian and Trustee Act, section 6.2] allows the Public Guardian and Trustee, as a corporation sole, to become and act as a director of a company in the circumstances set out.
8 The Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by adding the following section:
6.2 Despite section 124 of the Business Corporations Act, the Public Guardian and Trustee may, as a corporation sole, become and act as a director of a company if
(a) the Public Guardian and Trustee is
(i) guardian of a person who is the sole shareholder of the company,
(ii) appointed curator, under the Estates of Missing Persons Act, of the estate of a missing person who is the sole shareholder of the company, or
(iii) an executor under the will or administrator of the estate of a deceased person who, immediately before the person's death, was the sole shareholder of the company, and
(b) in the opinion of the Public Guardian and Trustee, it is necessary to
(i) protect the person's interest in the company or, if the person is missing or deceased, protect the interest of the person's estate in the company, or
(ii) wind up or dissolve the company.
Supreme Court Act
SECTION 9: [Supreme Court Act, section 2] continues the court and describes the offices of the court.
9 Section 2 of the Supreme Court Act, R.S.B.C. 1996, c. 443, is repealed and the following substituted:
2 (1) The Supreme Court of British Columbia is continued under the name and style of the "Supreme Court of British Columbia".
(2) The court consists of
(a) a Chief Justice, who is called "Chief Justice of the Supreme Court",
(b) an Associate Chief Justice, and
(c) 90 other judges.
(3) The court has for each office established under subsection (2) an additional office of supernumerary judge.
(4) The judges appointed to the offices established under subsections (2) and (3) are and are to be called "judges of the Supreme Court".
(5) For the office of Chief Justice, there is, subject to subsection (2), an additional office of judge that the Chief Justice may elect, under the Judges Act (Canada), to hold.
(6) The court is properly constituted despite a vacancy in the office of Chief Justice, of Associate Chief Justice or of a judge.
SECTION 10: [Supreme Court Act, section 2.1] sets out the powers of the Chief Justice.
10 The following section is added:
2.1 (1) The Chief Justice has responsibility for
(a) the administration of the judges of court, and
(b) the administration of masters, registrars and district registrars.
(2) Powers of the Chief Justice may be delegated to the Associate Chief Justice.
(3) If the Chief Justice and the Associate Chief Justice are absent or unable to act, the powers of the Chief Justice may be exercised by the next senior non-supernumerary judge who resides in the judicial district of Vancouver Westminster.
(4) Each judge, master, registrar and district registrar must, as soon as practicable after being appointed, reside at the place or within the area approved in writing by the Chief Justice.
(5) Before giving approval under subsection (4), the Chief Justice must consult with the Attorney General.
(6) A judge, master, registrar or district registrar must not change their residence from the place or area referred to in subsection (4) unless
(a) the judge, master, registrar or district registrar, as applicable, consents to the move, and
(b) the Chief Justice approves the move.
(7) Before giving approval under subsection (6), the Chief Justice must consult with the Attorney General.
(8) The Chief Justice may direct that a judge, master, registrar or district registrar sit at a location other than the one in which the judge, master, registrar or district registrar resides.
(9) The Chief Justice may require a judge, master, registrar or district registrar to attend a meeting, conference or seminar for a purpose relating to the administration of justice.
SECTION 11: [Supreme Court Act, sections 4.1, 5, 8 and 10] is self-explanatory.
11 Sections 4.1, 5, 8 (5) and 10 are repealed.
SECTION 12: [Supreme Court Act, section 11] provides for the appointment and remuneration, allowances and benefits of masters.
12 Section 11 is repealed and the following substituted:
11 (1) On the recommendation of the Attorney General after consultation with the Chief Justice, the Lieutenant Governor in Council may appoint one or more masters of the court.
(2) A person must not be appointed as a master unless that person is a member in good standing of the Law Society of British Columbia at the time of appointment.
(3) A master is entitled to the remuneration, allowances and benefits established under the following sections of the Judicial Compensation Act, as those sections apply to Provincial Court judges:
(a) section 6 (2) to (6) [reports before the Legislative Assembly];
(b) section 8 [salary of judges];
(c) section 10 [expenses reimbursed];
(d) section 11 [vacation leave];
(e) section 12 [leave of absence];
(f) section 13 [sickness or disability benefit plan].
SECTION 13: [Supreme Court Act, sections 11.1 to 11.4] provides a framework for masters, including their election of senior status, terms of office and duties and powers.
13 The following sections are added:
11.1 (1) On or after reaching 55 years of age, a master with at least 10 years' service as a master may elect to hold office part time as a senior master under this section, with judicial duties assigned by the Chief Justice.
(2) Unless otherwise approved by the Chief Justice, a master who wishes to elect senior status under subsection (1) must give notice to the Chief Justice and the Attorney General at least 6 months before the date on which the master wishes to cease full time service.
(3) The Chief Justice may specify the form and manner in which notice is to be given under subsection (2).
(4) An election of senior status under subsection (1) is irrevocable once the master begins service as a senior master under subsection (1), and the senior master may not resume full time service.
(5) The number of sitting days in each year of a senior master's service is calculated according to the following formula:
| PT annual salary | x 1.25 x FT sitting days = number of sitting days |
| FT annual salary |
where
| PT annual salary | is the annual salary of the senior master, |
| FT annual salary | is the annual salary of a master who has not elected senior status under this section, and |
| FT sitting days | is the annual number of sitting days, set by the Chief Justice, of a master who has not elected senior status under this section. |
11.2 (1) Subject to this Act, a master holds office during good behaviour.
(2) A master may resign by submitting to the Attorney General and the Chief Justice a notice of resignation in writing that states the effective date of the resignation, and the resignation becomes effective on that date.
(3) A master ceases to hold office as a master on the earliest of the following:
(a) the end of the month in which the master reaches 75 years of age;
(b) 7 years from the date that the master elects senior status and ceases full time service;
(c) the effective date of a resignation submitted under subsection (2).
11.3 (1) Masters must devote themselves exclusively to judicial duties and must not engage, directly or indirectly, in any other occupation, profession or business.
(2) Subject to the limitations of section 96 of the Constitution Act, 1867, a master has the same jurisdiction under any enactment or the Rules of Court as a judge in chambers unless, in respect of any matter, the Chief Justice has given a direction that a master is not to exercise that jurisdiction.
(3) Wherever a power is given to the registrar, a district registrar or a deputy district registrar under an enactment, that power may be exercised by a master.
(4) A master may administer an oath.
(5) An action must not be brought against a master for damages for anything done or omitted in good faith by the master
(a) in the performance or intended performance of any duty, or
(b) in the exercise or intended exercise of any power.
(6) Subsection (5) does not absolve the government from vicarious liability for an act or omission for which the government would be vicariously liable if subsection (5) were not in force.
11.4 A master who resigns an appointment as master or who is appointed as a judge may, within 180 days after the resignation or appointment, give judgment in a proceeding the master heard while holding office, and the judgment is effective as though the master still held office.
SECTION 14: [Supreme Court Act, section 12.1] sets out pension rules for senior masters.
14 The following section is added:
12.1 (1) This section applies to masters who have elected senior status under section 11.1.
(2) In this section:
"pension plan rules" means the rules of the Public Service Pension Plan;
"Public Service Pension Plan" means the Public Service Pension Plan continued under the Public Service Pension Plan Joint Trust Agreement;
"Public Service Pension Plan Joint Trust Agreement" means the agreement established under section 18 of Schedule C of the Public Sector Pension Plans Act.
(3) Despite section 18 of the Judicial Compensation Act, a senior master is not entitled to make contributions or have contributions made on the senior master's behalf to the Public Service Pension Plan in respect of service as a senior master.
(4) A senior master is, on the date that the master's full time service ceases, entitled to receive a pension under the Public Service Pension Plan in accordance with the pension plan rules and with Part 3 of the Judicial Compensation Act, as that Part applies to Provincial Court judges, and the cessation of full time service is deemed to be a termination of the senior master's employment, but only for the purposes of those pension plan rules.
(5) Service as a senior master does not, for any purpose, count as contributory service or pensionable service.
SECTION 15: [Supreme Court Act, section 13] provides that registrars and district registrars must devote themselves exclusively to judicial duties and must not engage, directly or indirectly, in any other occupation, profession or business.
15 Section 13 is amended by adding the following subsection:
(4) Registrars and district registrars must devote themselves exclusively to judicial duties and must not engage, directly or indirectly, in any other occupation, profession or business.
SECTION 16: [Supreme Court Act, section 16] adds a reference to district registrar.
16 Section 16 is amended by striking out "master or registrar may reserve his or her" and substituting "master, registrar or district registrar may reserve their own".
SECTION 17: [Supreme Court Act, section 18.1]
17 The following section is added:
18.1 (1) The Attorney General is responsible for the provision, operation and maintenance of court facilities, registries and administrative services.
(2) A chief administrator of court services, an administrator of court services for each registry and other persons necessary to carry out this Act and the duties assigned to a registry may be appointed under the Public Service Act.
(3) Subject to the direction of the Attorney General, and to the direction of the Chief Justice in matters of judicial administration and the use of courtroom facilities, the chief administrator of court services must direct and supervise registries and administrative services for the court.
(4) The chief administrator of court services, for the purposes of carrying out the duties of that person under this Act, may disclose to the Chief Justice information regarding the conduct of persons appointed under subsection (2) in the performance of their duties under this Act.
SECTION 18: [Mental Health Act validation – membership of review panels] validates the establishment and actions of review panels that were defective only because a retired medical practitioner was appointed to the panel instead of a practising one.
18 (1) In this section, "review panel" means a review panel established under section 24.1 (2) of the Mental Health Act before the date this section comes into force.
(2) A review panel that would have been validly established had section 24.1 (3) of the Mental Health Act, as amended by this Act, been in force when the review panel was established is conclusively deemed to have been validly established.
(3) All things done by a review panel that would have been validly done had section 24.1 (3) of the Mental Health Act, as amended by this Act, been in force when the review panel was established and the things were done are conclusively deemed to have been validly done.
(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
Part 4 – Finance Amendments
Business Corporations Act
SECTION 19: [Business Corporations Act, section 205] establishes who is authorized to act as an auditor of a company.
19 Section 205 (a) of the Business Corporations Act, S.B.C. 2002, c. 57, is repealed and the following substituted:
(a) the person is
(i) a member of, or is a partnership whose partners are members of, a provincial institute of chartered accountants within Canada,
(ii) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(iii) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(iv) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or .
Cooperative Association Act
SECTION 20: [Cooperative Association Act, section 110] adopts an approach to auditor qualifications consistent with the amendment made by this Bill to the Business Corporations Act.
20 Section 110 (1) (a) of the Cooperative Association Act, S.B.C. 1999, c. 28, is repealed and the following substituted:
(a) the person is
(i) a member of, or is a partnership whose partners are members of, a provincial institute of chartered accountants within Canada,
(ii) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(iii) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(iv) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, .
Credit Union Incorporation Act
SECTION 21: [Credit Union Incorporation Act, section 39.51] adopts an approach to auditor qualifications consistent with the amendment made by this Bill to the Business Corporations Act.
21 Section 39.51 of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is repealed and the following substituted:
39.51 The auditor of a credit union must be a person who is
(a) a member of, or is a partnership whose partners are members of, a provincial institute of chartered accountants within Canada,
(b) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(c) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(d) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit.
Financial Institutions Act
SECTION 22: [Financial Institutions Act, section 118] adopts terminology consistent with the amendment made by this Bill to the Business Corporations Act.
22 Section 118 (1) (f) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is repealed and the following substituted:
(f) if the auditor is
(i) a chartered accountant, to a provincial institute of chartered accountants within Canada of which the auditor is a member, or
(ii) a chartered professional accountant, to a provincial organization of chartered professional accountants within Canada of which the auditor is a member.
Societies Act
SECTION 23: [Societies Act, section 112] adopts an approach to auditor qualifications consistent with the amendment made by this Bill to the Business Corporations Act.
23 Section 112 of the Societies Act, S.B.C. 2015, c. 18, is repealed and the following substituted:
112 A person is qualified to act as an auditor of a society only if the person is
(a) a member of, or is a partnership whose partners are members of, a provincial institute of chartered accountants within Canada,
(b) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(c) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(d) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit.
Chartered Professional Accountants Act
SECTION 24: [Chartered Professional Accountants Act, section 47] clarifies who may provide or perform professional accounting services.
24 Section 47 of the Chartered Professional Accountants Act, S.B.C. 2015, c. 1, is amended
(a) by repealing subsection (2) and substituting the following:
(2) A person must not provide or perform the services referred to in subsection (1) other than the following persons if those persons are authorized by the CPABC to do so:
(a) a chartered professional accountant member in good standing;
(b) a professional accounting corporation;
(c) a registered firm. , and
(b) by repealing subsection (3) (a) and (d) and substituting the following:
(a) a member who is not authorized by the CPABC to provide or perform the services referred to in subsection (1) or a student, if the member or student is providing or performing those services under the direct supervision and control of any of the following persons if those persons are authorized by the CPABC to provide and perform those services:
(i) a chartered professional accountant member in good standing;
(ii) a professional accounting corporation;
(iii) a registered firm;
(d) a person providing advice based directly on a declaration, certification or opinion of any of the following persons if those persons are authorized by the CPABC to provide and perform the services referred to in subsection (1):
(i) a chartered professional accountant member in good standing;
(ii) a professional accounting corporation;
(iii) a registered firm; .
Greater Vancouver Sewerage and Drainage District Act
SECTION 25: [Greater Vancouver Sewerage and Drainage District Act, section 60] establishes who may be named by the Board for the purposes of an annual audit under the Act.
25 Section 60 (1) of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is repealed and the following substituted:
(1) An annual or more frequent audit shall be had by a person to be named by the Board who is
(a) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(b) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(c) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit.
(1.1) The remuneration of a person named by the Board under subsection (1) shall be paid out of the funds of the Corporation.
Greater Vancouver Water District Act
SECTION 26: [Greater Vancouver Water District Act, section 24] establishes who may be named by the Board for the purposes of an annual audit under the Act.
26 Section 24 of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is repealed and the following substituted:
24 (1) An annual or more frequent audit shall be had by a person to be named by the Board who is
(a) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(b) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(c) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit.
(2) The remuneration of a person named by the Board under subsection (1) shall be paid out of the funds of the Corporation.
Legal Profession Act
SECTION 27: [Legal Profession Act, section 61] establishes who may audit the accounts of the Law Foundation of British Columbia continued under the Act.
27 Section 61 (8) of the Legal Profession Act, S.B.C. 1998, c. 9, is repealed and the following substituted:
(8) The accounts of the foundation must be audited annually by a person appointed for that purpose by the board who is
(a) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(b) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(c) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit.
Notaries Act
SECTION 28: [Notaries Act, section 52] establishes who may audit the accounts of the Notary Foundation established under the Act.
28 Section 52 (7) of the Notaries Act, R.S.B.C. 1996, c. 334, is repealed and the following substituted:
(7) The accounts of the foundation must be audited annually by a person appointed for that purpose by the directors who is
(a) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(b) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(c) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit.
School Act
SECTION 29: [School Act, section 158] adopts an approach to auditor qualifications consistent with the amendment made by this Bill to the Business Corporations Act.
29 Section 158 (2) of the School Act, R.S.B.C. 1996, c. 412, is repealed and the following substituted:
(2) The auditor appointed by the board must be a person who is
(a) a member of, or is a partnership whose partners are members of, a provincial institute of chartered accountants within Canada,
(b) a member of a provincial organization of chartered professional accountants within Canada, authorized by that organization to perform an audit,
(c) a professional accounting corporation as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit, or
(d) a registered firm as defined in the Chartered Professional Accountants Act, authorized by the CPABC as defined in that Act to perform an audit.
Vancouver Foundation Act
SECTION 30: [Vancouver Foundation Act, section 5] makes a housekeeping amendment.
30 Section 5 (1.2) (c) of the Vancouver Foundation Act, R.S.B.C. 2000, c. 1, is amended by striking out "Organization of Chartered Accountants of British Columbia" and substituting "Organization of Chartered Professional Accountants of British Columbia".
Part 5 – Municipal Affairs and Housing Amendments
Safety Standards Act
SECTION 31: [Safety Standards Act, section 8] clarifies a regulation-making power.
31 Section 8 of the Safety Standards Act, S.B.C. 2003, c. 39, is repealed and the following substituted:
8 (1) The minister may make regulations establishing codes or standards respecting regulated work and regulated products.
(2) A regulation under subsection (1) may adopt by reference, in whole or in part and with any changes the minister considers necessary, a code or standard set by a provincial, national or international body or any other code or standard making body, as the code or standard stands at a specific date, as it stands at the time of adoption or as amended from time to time.
SECTION 32: [Safety Standards Act, section 15] clarifies the powers of provincial safety managers in relation to training, examination and continuing education.
32 Section 15 (j) and (k) is repealed and the following substituted:
(j) if the regulations require persons who hold a licence, certificate, permit or other permission under this Act to complete continuing education, recognize, devise or administer training or other activities as continuing education;
(k) recognize training, and recognize, devise or administer examinations, for one or more of the following purposes:
(i) qualifying for a licence, certificate, permit or other permission under this Act;
(ii) a safety order under section 31 (4) (e); .
SECTION 33: [Safety Standards Act, section 18] is consequential to the addition by this Bill of section 18.1 to the Act.
33 Section 18 (3) is repealed.
SECTION 34: [Safety Standards Act, section 18.1] clarifies the power to refuse, suspend or revoke an authorization if money owing is unpaid.
34 The following section is added to Division 1 of Part 4:
18.1 (1) A licence, certificate, permit or other permission may be refused, suspended or revoked if the applicant or holder, as the case may be, is delinquent in the payment of a fee, penalty or other money owed under this Act.
(2) Subsection (1) applies
(a) despite any requirement under this Act to issue a licence, certificate, permit or other permission, and
(b) without limiting the discretion under this Act of a person to issue, suspend or revoke a licence, certificate, permit or other permission.
SECTION 35: [Safety Standards Act, Part 5]
35 Part 5 is amended
(a) by adding the following section:
19.5 In this Part:
"enforcement action" means
(a) issuance of a compliance order or discipline order,
(b) imposition of a monetary penalty, or
(c) conviction of an offence under this Act;
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act. , and
(b) by repealing sections 20 and 21 and substituting the following:
20 (1) For the purpose of furthering safety in relation to regulated work and regulated products, the minister must
(a) establish a registry to record the information required by subsection (2), and
(b) designate a provincial safety manager as the registrar.
(2) The registrar must record in the registry the following information about persons who hold or have held a licence or certificate of qualification or against whom an enforcement action has been taken:
(a) the name of the person;
(b) if the person holds a licence or certificate, an address of the person for the service of documents;
(c) the licences and certificates that have been issued to the person and the status of those licences and certificates;
(d) each discipline in which the person is authorized to do regulated work, the scope of the regulated work that the person is authorized to do and any terms and conditions that are attached to that authorization;
(e) subject to subsection (3), the following information about each enforcement action taken against the person:
(i) the enforcement action taken;
(ii) the date the enforcement action was taken;
(iii) the discipline to which the enforcement action relates;
(iv) the conduct giving rise to and reason for the enforcement action;
(v) in the case of a discipline order, any sanctions imposed;
(vi) in the case of a compliance order or discipline order, whether the order remains in force;
(vii) in the case of a monetary penalty,
(A) the amount of the penalty, and
(B) whether the amount has been paid;
(viii) in the case of a fine under section 78 [penalty on conviction of offence], the amount of the fine;
(f) prescribed information.
(3) Information about an enforcement action must not be included in the registry unless
(a) if applicable, the time for requesting a review of the enforcement action under section 49 has expired or, if a review has been requested, the review has been completed, and
(b) if applicable, the time for filing an appeal in relation to the enforcement action has expired or, if an appeal is filed, the appeal is disposed of or abandoned.
(4) The registrar may remove from the registry
(a) information about an individual who dies or a corporation that is dissolved or struck off the register of companies, and
(b) other information, in accordance with the regulations.
(5) A person who holds a licence or certificate of qualification must provide the registrar with and keep the registrar informed of the person's current address for the purpose of service of documents.
21 (1) Subject to subsection (2), the registrar
(a) must disclose information in the registry on the request of any person and payment of any required fee, and
(b) may publish all or part of the registry.
(2) The registrar may not publish or otherwise disclose any of the following that is personal information about a person named in the registry:
(a) an address, unless the person has consented to the disclosure;
(b) financial information, unless the information is referred to in section 20 (2) (e) (vii) or (viii).
SECTION 36: [Safety Standards Act, section 23] replaces a reference to safety managers with a reference to provincial safety managers.
36 Section 23 (3) (b) is amended by adding "provincial" before "safety manager".
SECTION 37: [Safety Standards Act, section 26] standardizes terminology.
37 Section 26 (3) is amended by striking out "tests" and substituting "examinations".
SECTION 38: [Safety Standards Act, section 31] clarifies that a safety order may require a person to undergo training or examination.
38 Section 31 (4) (e) is amended by adding ", including, without limitation, that the person undergo training or examination" after "property".
SECTION 39: [Safety Standards Act, section 71.1] regulates offering and advertising to do regulated work.
39 The following section is added to Division 1 of Part 10:
71.1 (1) A person must not offer or advertise to do regulated work unless
(a) the person is
(i) a licensed contractor, or
(ii) authorized to do the regulated work under this Act, and
(b) in the case of an advertisement, the form and content of the advertisement conform to the regulations, if any.
(2) A person must not offer or advertise to have regulated work undertaken by other persons under the control of the person unless
(a) the other persons are
(i) licensed contractors, or
(ii) authorized to do the regulated work under this Act, and
(b) in the case of an advertisement, the form and content of the advertisement conform to the regulations, if any.
SECTION 40: [Safety Standards Act, section 72] creates an offence.
40 Section 72 (1) (a) is amended by striking out "71" and substituting "71.1".
SECTION 41: [Safety Standards Act, section 80]
41 Section 80 is amended
(a) in subsection (1) by adding the following paragraph:
(e.1) by email to an email address
(i) recorded in the registry as the email address of the person to be served, or
(ii) provided by the person as an address for service; ,
(b) in subsection (2) by striking out "and" in paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:
(d) by email, the person to whom it is addressed is deemed to have received the document 3 days after it was sent. , and
(c) by adding the following subsection:
(2.1) Despite subsection (2), if the deemed day of receipt is a holiday, the document is deemed to be received on the next day that is not a holiday.
SECTION 42: [Safety Standards Act, section 88] is consequential to amendments made by this Bill to sections 8, 15 and 20 of the Act and to the addition by this Bill of section 71.1 to the Act.
42 Section 88 (2) is amended
(a) by adding the following paragraphs:
(c.1) prescribing information for the purpose of section 20 (2) (f);
(c.2) respecting the removal of information from the registry for the purpose of section 20 (4) (b);
(t.1) respecting advertisements for the purpose of section 71.1; ,
(b) in paragraph (i) by adding ", continuing education" after "examination", and
(c) by repealing paragraph (s).
Related Amendment
Safety Standards Act
SECTION 43: [Safety Standards Act, section 44] confers a summary dismissal power on the appeal tribunal.
43 Section 44 (d) (iii) of the Safety Standards Act, S.B.C. 2003, c. 39, is amended by striking out "(f) [summary dismissal because no reasonable prospect of success] and".
44 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 | Sections 4 and 5 | By regulation of the Lieutenant Governor in Council |
| 3 | Section 7 | By regulation of the Lieutenant Governor in Council |
| 4 | Sections 31 to 43 | The date that is 30 days after the date of Royal Assent |
SECTION 1: [College and Institute Act, section 59] removes the board membership eligibility restriction respecting employees who have responsibility to negotiate with the board the terms and conditions of service of members of the association or adjudicate disputes regarding members of the institution.
SECTION 2: [Royal Roads University Act, section 5.1] removes the board membership eligibility restriction respecting employees who have responsibility to negotiate with the board the terms and conditions of service of members of the association or adjudicate disputes regarding members of the university.
SECTION 3: [University Act, section 23] removes the board membership eligibility restriction respecting employees who have responsibility to negotiate with the board the terms and conditions of service of members of the association or adjudicate disputes regarding members of the university.
SECTION 4: [Milk Industry Act, section 1] provides for exceptions to the definition of "dairy plant" to be made by regulation.
SECTION 5: [Milk Industry Act, section 40] adds regulation-making powers to
SECTION 6: [Mental Health Act, section 24.1] authorizes the appointment of retired medical practitioners to review panels under section 24.1 of the Act.
SECTION 7: [Offence Act, section 13.1] provides express authority for the laying of an information by any means of telecommunication that produces a writing.
SECTION 8: [Public Guardian and Trustee Act, section 6.2] allows the Public Guardian and Trustee, as a corporation sole, to become and act as a director of a company in the circumstances set out.
SECTION 9: [Supreme Court Act, section 2] continues the court and describes the offices of the court.
SECTION 10: [Supreme Court Act, section 2.1] sets out the powers of the Chief Justice.
SECTION 11: [Supreme Court Act, sections 4.1, 5, 8 and 10] is self-explanatory.
SECTION 12: [Supreme Court Act, section 11] provides for the appointment and remuneration, allowances and benefits of masters.
SECTION 13: [Supreme Court Act, sections 11.1 to 11.4] provides a framework for masters, including their election of senior status, terms of office and duties and powers.
SECTION 14: [Supreme Court Act, section 12.1] sets out pension rules for senior masters.
SECTION 15: [Supreme Court Act, section 13] provides that registrars and district registrars must devote themselves exclusively to judicial duties and must not engage, directly or indirectly, in any other occupation, profession or business.
SECTION 16: [Supreme Court Act, section 16] adds a reference to district registrar.
SECTION 17: [Supreme Court Act, section 18.1]
SECTION 18: [Mental Health Act validation – membership of review panels] validates the establishment and actions of review panels that were defective only because a retired medical practitioner was appointed to the panel instead of a practising one.
SECTION 19: [Business Corporations Act, section 205] establishes who is authorized to act as an auditor of a company.
SECTION 20: [Cooperative Association Act, section 110] adopts an approach to auditor qualifications consistent with the amendment made by this Bill to the Business Corporations Act.
SECTION 21: [Credit Union Incorporation Act, section 39.51] adopts an approach to auditor qualifications consistent with the amendment made by this Bill to the Business Corporations Act.
SECTION 22: [Financial Institutions Act, section 118] adopts terminology consistent with the amendment made by this Bill to the Business Corporations Act.
SECTION 23: [Societies Act, section 112] adopts an approach to auditor qualifications consistent with the amendment made by this Bill to the Business Corporations Act.
SECTION 24: [Chartered Professional Accountants Act, section 47] clarifies who may provide or perform professional accounting services.
SECTION 25: [Greater Vancouver Sewerage and Drainage District Act, section 60] establishes who may be named by the Board for the purposes of an annual audit under the Act.
SECTION 26: [Greater Vancouver Water District Act, section 24] establishes who may be named by the Board for the purposes of an annual audit under the Act.
SECTION 27: [Legal Profession Act, section 61] establishes who may audit the accounts of the Law Foundation of British Columbia continued under the Act.
SECTION 28: [Notaries Act, section 52] establishes who may audit the accounts of the Notary Foundation established under the Act.
SECTION 29: [School Act, section 158] adopts an approach to auditor qualifications consistent with the amendment made by this Bill to the Business Corporations Act.
SECTION 30: [Vancouver Foundation Act, section 5] makes a housekeeping amendment.
SECTION 31: [Safety Standards Act, section 8] clarifies a regulation-making power.
SECTION 32: [Safety Standards Act, section 15] clarifies the powers of provincial safety managers in relation to training, examination and continuing education.
SECTION 33: [Safety Standards Act, section 18] is consequential to the addition by this Bill of section 18.1 to the Act.
SECTION 34: [Safety Standards Act, section 18.1] clarifies the power to refuse, suspend or revoke an authorization if money owing is unpaid.
SECTION 35: [Safety Standards Act, Part 5]
SECTION 36: [Safety Standards Act, section 23] replaces a reference to safety managers with a reference to provincial safety managers.
SECTION 37: [Safety Standards Act, section 26] standardizes terminology.
SECTION 38: [Safety Standards Act, section 31] clarifies that a safety order may require a person to undergo training or examination.
SECTION 39: [Safety Standards Act, section 71.1] regulates offering and advertising to do regulated work.
SECTION 40: [Safety Standards Act, section 72] creates an offence.
SECTION 41: [Safety Standards Act, section 80]
SECTION 42: [Safety Standards Act, section 88] is consequential to amendments made by this Bill to sections 8, 15 and 20 of the Act and to the addition by this Bill of section 71.1 to the Act.
SECTION 43: [Safety Standards Act, section 44] confers a summary dismissal power on the appeal tribunal.