Bill 35 – 2019: Miscellaneous Statutes Amendment Act (No. 2), 2019

HONOURABLE DAVID R. P. EBY
ATTORNEY GENERAL

BILL 35 – 2019

MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 2), 2019

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

SECTION 1: [Family Maintenance Enforcement Act, section 3] allows support provisions in family law arbitration awards to be filed with and enforced by the director.

1 Section 3 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended by striking out "or" at the end of paragraph (a), by adding "or" at the end of paragraph (b) and by adding the following paragraph:

SECTION 2: [Judicial Compensation Act, sections 18.1 and 18.2] adds new sections to clarify that, as of April 1, 2017,

a judge who ceases to hold office before reaching age 55 may receive, at the judge's option, a deferred pension or a commuted value of the judge's earned pension, and
if a judge dies prior to retirement, the judge's spouse or beneficiary is entitled to receive a lump-sum amount equal to the commuted value of the judge's pension, or the judge's spouse may elect to receive a pension.

2 The Judicial Compensation Act, S.B.C. 2003, c. 59, is amended by adding the following sections:

Options for member who ceases
to hold office before age 55

18.1 A member who ceases to hold office before reaching age 55 may elect to receive,

(a) on meeting the eligibility requirements of section 20 (1) or 22 (1), a pension calculated in accordance with this Act, or

(b) if the member's age is less than 55, a commuted value of the pension to which the member is entitled.

Spouse or beneficiary entitlement
if member dies before age 55

18.2 (1) If a member dies before reaching age 55, the member's spouse or beneficiary is entitled to receive a lump-sum amount equal to the total of the commuted value of the pension the member would have been entitled to in respect of the member's pensionable service had the member ceased to hold office immediately before death.

(2) Despite subsection (1), the member's spouse, instead of receiving a lump-sum amount under subsection (1), may elect to receive an immediate pension that is

(b) payable as if the member had chosen the joint life and last survivor option under section 23 (4).

SECTION 3: [Judicial Compensation Act, section 19] removes the 2-year vesting period for members who ceased to hold office after September 30, 2015.

SECTION 4: [Judicial Compensation Act, section 22] provides for an early retirement reduction factor for a member who has reached age 55 and has fewer than 2 years of contributory service.

4 Section 22 (2) (b) is amended by striking out "age 60" and substituting "age 55".

SECTION 5: [Professional Governance Act, section 31] makes a housekeeping amendment.

5 Section 31 (7) (b) of the Professional Governance Act, S.B.C. 2018, c. 47, is repealed and the following substituted:

SECTION 6: [Professional Governance Act, section 118]

makes a housekeeping amendment;
provides for regulation-making authority consequential to amendments made to the Act by this Bill.

(a) in paragraph (f) (vi) by striking out "section 18 (2)" and substituting "section 18 (1)", and

(k.1) in respect of the following matters under Part 11 [Transitional and Related Provisions, Repeals and Related and Consequential Amendments]:

(i) prescribing affected bodies for the purposes of section 124.1 (2) [interim authority – fees for transition to this Act];

(ii) prescribing an amount or rate of increase of a fee for the purposes of section 124.1 (3) (b), which amount or rate may be different for different affected bodies or different periods of time; .

SECTION 7: [Professional Governance Act, section 124.1]

adds a definition consequential to amendments made to the Act by this Bill;
authorizes a council of a prescribed body affected by the Act to make bylaws or pass resolutions in order to set or increase fees relating to the administration of the transition to the Act.

Interim authority – fees for transition to this Act

124.1 (1) In this section, "affected member" means a person who pays fees for membership in an affected body under an affected Act.

(2) For purposes relating to the administration of an affected body in respect of this Act, an affected council under an affected Act may, if the affected body is prescribed by regulation, make bylaws or pass resolutions to set or increase a fee that is payable by affected members, despite any requirement for ratification or other approval of bylaws or resolutions in respect of fees under the affected Act.

(3) The authority of an affected council to make bylaws or pass resolutions to set or increase a fee under subsection (2) is subject to the following restrictions:

(a) the fee that is payable in respect of a particular year may be either set or increased, but not both, only once;

(b) if the amount of the fee or the rate of its increase is prescribed by regulation, the fee may be set or increased at an amount or rate that is not more than the prescribed amount or rate.

(4) Subject to subsection (3), an affected council that makes bylaws or passes resolutions under this section may

(a) set different fees for different categories or classes of affected members, and

(b) determine whether to set or increase fees if both the amount of the fee and the rate of its increase are prescribed by regulation.

SECTION 8: [Provincial Court Act, section 1] is consequential to amendments made by this Bill to section 30.2 of the Act.

8 Section 1 of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended in paragraph (a) of the definition of "part time judicial justice" by striking out "appointed under section 30.2 (1)" and substituting "appointed under section 30.2 (1) or reappointed under section 30.2 (3.2)".

SECTION 9: [Provincial Court Act, section 22] is consequential to amendments made by this Bill to section 30.2 of the Act.

9 Section 22 (a) is amended by striking out "considering proposed Lieutenant Governor in Council appointments" and substituting "considering proposed appointments and reappointments".

SECTION 10: [Provincial Court Act, section 30.2]

adjusts term limits for initial appointments of judicial justices;
authorizes the chief judge to reappoint a judicial justice to serve part time for one additional term of 10 years.

(3.2) If a judicial justice has resigned or the appointment of the judicial justice has expired, the chief judge may reappoint, on the recommendation of the council, the judicial justice to hold office on a part time basis for a term of 10 years.

(3.4) A person over 75 years of age may not be reappointed under subsection (3.2). , and

(c) in subsection (4) (a) by striking out "who is appointed under subsection (1), commencing on the date of his or her appointment" and substituting "who is appointed under subsection (1) or reappointed under subsection (3.2), commencing on the date of the appointment or reappointment".

SECTION 11: [Provincial Court Act, section 33] is consequential to amendments made by this Bill to section 30.2 of the Act.

11 Section 33 (1.1) (a) is amended by striking out "the term of appointment of the judicial justice under section 30.2 (3) expires" and substituting "the term of the appointment of the judicial justice under section 30.2 (1) or reappointment under section 30.2 (3.2) expires".

SECTION 12: [Public Interest Disclosure Act, section 1] amends a definition.

12 Section 1 of the Public Interest Disclosure Act, S.B.C. 2018, c. 22, is amended in the definition of "office" by adding the following paragraph:

SECTION 13: [Public Interest Disclosure Act, section 3] amends the application of the Act.

(a) in subsection (1) by striking out "another Act" and substituting "another enactment", and

(b) in subsection (1) (a) by striking out "the other Act" and substituting "another Act".

SECTION 14: [Public Interest Disclosure Act, section 13] makes a housekeeping amendment.

14 Section 13 (1) is amended by striking out "under section 12 (c)" and substituting "under section 12 (1) (c)".

SECTION 15: [Public Interest Disclosure Act, section 25] makes an amendment to identify specific authority.

15 Section 25 (2) (g) is amended by striking out "section 19" and substituting "section 19 (1)".

SECTION 16: [Public Interest Disclosure Act, section 31] makes an amendment and adds a subsection related to determining what constitutes a reprisal.

(3) A person does not contravene subsection (1) by taking, counselling or directing a measure referred to as a measure of reprisal in paragraphs (a) to (e) of that subsection if

(a) the person has taken, counselled or directed the measure for the purpose of managing or terminating an employment relationship, and

(b) the management or termination of the employment relationship under paragraph (a) of this subsection was not by reason that the employee, in good faith, sought advice about making a disclosure, made a disclosure or cooperated with an investigation under this Act.

SECTION 17: [Public Interest Disclosure Act, section 32] makes an amendment and adds a subsection related to determining what constitutes a reprisal.

(2) A person does not contravene subsection (1) by taking an action described in paragraphs (a) to (c) of that subsection if

(a) the person has taken the action for the purpose of managing or terminating a contract or agreement, and

(b) the management or termination of the contract or agreement under paragraph (a) of this subsection was not by reason that the party, or a person employed by the party, in good faith, cooperated with an investigation under this Act.

SECTION 18: [Public Interest Disclosure Act, section 48] amends the regulation-making authority.

18 Section 48 (2) (d) is amended by striking out "providing differently for different Acts or provisions of Acts" and substituting "providing differently for different enactments or provisions of enactments".

SECTION 19: [Trespass Act, section 1] amends the definition of "premises" to add aircraft.

19 Section 1 of the Trespass Act, R.S.B.C. 2018, c. 3, is amended in paragraph (b) (ii) of the definition of "premises" by striking out "or vehicle" and substituting ", vehicle or aircraft".

Validation Provision

SECTION 20: [Family Maintenance Enforcement Act – validation – past filing of arbitration awards] retroactively validates the filing and enforcement of support provisions in family law arbitration awards that were filed and enforced before the coming into force of section 3 (1) (c), as added to the Act by this Bill.

Family Maintenance Enforcement Act –
validation – past filing of arbitration awards

20 (1) A maintenance order in a family law arbitration award that would have been validly filed under section 3 of the Family Maintenance Enforcement Act had section 3 (1) (c) of that Act, as added by this Act, been in force when the maintenance order was filed is conclusively deemed to have been validly filed.

(2) 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.

SECTION 21: [Child, Family and Community Service Act, section 92.1] expands the scope of agreements that the director may enter into with a First Nation, the Nisga'a Nation, a Treaty First Nation or an Indigenous community.

21 Section 92.1 (2) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended

(a) in paragraph (a) (v) by striking out "who are in the continuing custody of the director" and substituting "who are in the custody, care or guardianship of a director", and

(b) in paragraph (b) by striking out "to provide preventive or support services to their children and families" and substituting "to provide services".

SECTION 22: [Freedom of Information and Protection of Privacy Act, section 33.1] repeals and replaces a paragraph to address grammar, clarity and redundancy, and adds authority for the disclosure of personal information inside or outside Canada

for temporary information processing not involving intentional access by an individual, and
if the personal information is metadata, and if set conditions are met.

22 Section 33.1 (1) of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(A) installing, implementing, maintaining, repairing, trouble-shooting or upgrading an electronic system or equipment that includes an electronic system, or

(B) data recovery that is being undertaken following the failure of an electronic system

that is used in Canada, by the public body or by a service provider for the purposes of providing services to a public body, and

(ii) in the case of disclosure outside Canada, results in temporary access and storage that is limited to the minimum period of time necessary to complete the installation, implementation, maintenance, repair, trouble-shooting, upgrading or data recovery referred to in subparagraph (i); , and

(i) is necessary for the processing of information and if that processing does not

(B) result in the storage of personal information, other than personal information that is metadata, outside Canada, and

(ii) in the case of disclosure outside Canada, results in temporary access that is limited to the minimum period of time necessary to complete the processing;

(iii) if practicable, personal information in individually identifiable form has been removed from the metadata or destroyed, and

(iv) in the case of disclosure to a service provider, the public body has prohibited any subsequent use or disclosure of personal information in individually identifiable form without the express authorization of the public body; .

SECTIONS 23 TO 29: [Carbon Tax Act, various sections] replace various expressions with consistent terminology to clarify that the general rules for giving documents apply.

(a) in subsections (4) and (6) (a) by striking out "delivered" and substituting "given", and

(b) in subsection (8) (a) and (b) by striking out "provide" and substituting "give".

(5) Immediately after the director makes a decision under subsection (2), the director must give written notice of the decision to

(a) in subsections (1), (1.1) and (1.2) by striking out "issue" and substituting "give",

(b) in subsection (1.2) by striking out "issuing" and substituting "giving", and

26 Section 54 is amended by striking out "of the issuing of the notice of assessment" and substituting "the notice of assessment is given".

(a) in subsection (1) in the definition of "non-assessed amount" by striking out "issued" and substituting "given", and

(b) in subsections (2) and (12) (b) by striking out "issued" and substituting "given".

(a) in subsection (3) by striking out "served on" and substituting "given to", and

SECTION 30: [Carbon Tax Act, section 63]

repeals the specific rules for giving demands in order to make the general rules apply;
replaces an expression to clarify that the general rules for giving documents apply.

(b) in subsections (6) (a) and (b), (7) (b) and (8) by striking out "served" and substituting "given", and

(9) Money demanded from a person by the director under this section becomes payable as follows:

(a) if the person is indebted or liable to make a payment to the taxpayer at the time the demand is given, as soon as the demand is given to the person;

(b) in any other case, as soon as the person becomes indebted or liable to make a payment to the taxpayer.

SECTION 31: [Carbon Tax Act, section 64] replaces various expressions with consistent terminology to clarify that the general rules for giving documents apply.

SECTION 32: [Carbon Tax Act, section 72]

updates the specific rules for giving a demand for information;
replaces an expression to clarify that the general rules for giving documents apply.

(a) must be given to the person in a manner referred to in section 73 (2) (a) to (e) or sent by registered mail to the last known address of the person according to the records of the director, , and

SECTION 33: [Carbon Tax Act, section 73]

updates and reorganizes the general rules for the giving of documents by the director;
replaces various expressions with consistent terminology;
makes a housekeeping amendment.

How and when documents are given by director

73 (1) Subject to this Act, if, under this Act, a document must or may be given by the director to a person, the document may be given in accordance with subsection (2).

(a) if the person is an individual, by leaving the document with the individual;

(b) if the person is a corporation, by leaving the document with a board member, senior officer, liquidator or receiver manager of the corporation;

(i) by leaving the document with an individual who is a member of the partnership, or

(ii) in the case of a corporation or extraprovincial corporation that is a member of the partnership, by leaving the document with a person who is, in respect of that corporation or extraprovincial corporation, a person referred to in paragraph (b) or (c), as applicable;

(e) by leaving the document with a person apparently employed at the place of business of the person;

(f) by sending the document by ordinary mail or registered mail to the last known address of the person according to the records of the director;

(g) by sending the document by electronic mail to the last known electronic mail address of the person according to the records of the director;

(h) by sending the document by fax to the last known fax number of the person according to the records of the director;

(i) by sending or providing the document by another communication method agreed to by the person and the director.

(3) If a person carries on business under a name or style other than the person's own name, a document to be given in accordance with this Act may be addressed to the name or style under which the person carries on business.

(4) A document is conclusively deemed to have been given to a person by the director if the document

(a) is given in a manner referred to in subsection (2) (a) to (e) or (g) to (i), or

(b) is sent by registered mail to the last known address of the person according to the records of the director.

(5) A document is conclusively deemed to have been given to a person by the director

(a) on the date the document is sent, if the document is sent by registered mail, electronic mail or fax as contemplated by subsection (2) (f), (g) or (h), or

(b) on the date the document is sent or provided, if the document is sent or provided by another communication method as contemplated by subsection (2) (i).

(6) A document is deemed to have been given to a person by the director on the date the document is sent, if the document is sent by ordinary mail as contemplated by subsection (2) (f).

(7) For the purposes of this Act, the date of a notice or other document given by the director is, subject to section 67 (4), the date stated on the notice or other document.

SECTION 34: [Carbon Tax Act, sections 73.1 to 73.4]

reorganizes the rules relating to proof of compliance, proof of receipt of documents and the giving of documents to the minister;
clarifies how a document may or must be given to a person by the minister.

Proof of compliance

73.1 In a prosecution or any proceeding for any matter arising under this Act, the facts necessary to establish compliance on the part of the director with section 73 may be sufficiently proved in any court by the production of an affidavit of the director setting out the facts.

Proof of receipt

73.2 (1) Proof of the receipt by a person of a document to which section 73 applies may be established in any court by showing that the document was given in accordance with that section.

(2) A person seeking to establish that a document referred to in subsection (1) was not received by the person bears the burden of establishing that fact.

How and when documents are given by minister

73.3 If, under this Act, a document must or may be given by the minister to a person, the document may be given in accordance with section 73 (2).

When documents are given to minister

73.4 If, under this Act, a document must or may be given to the minister, the document is conclusively deemed to have been given if delivered to the office of the deputy minister.

SECTIONS 35 TO 44: [Motor Fuel Tax Act, various sections] replace various expressions with consistent terminology to clarify that the general rules for giving documents apply.

(a) in subsections (2) and (3) (a) by striking out "delivered" and substituting "given",

(b) provide the collector with an opportunity to show the director why the appointment should not be cancelled. , and

(a) in subsections (3) and (5) (a) by striking out "delivered" and substituting "given", and

(b) in subsection (7) (a) and (b) by striking out "provide" and substituting "give".

(5) Immediately after the director makes a decision under subsection (2), the director must give written notice of the decision to

(a) in subsections (1), (1.1) and (1.2) by striking out "issue" and substituting "give",

(b) in subsection (1.2) by striking out "issuing" and substituting "giving", and

41 Section 47 is amended by striking out "of the issuing of the notice of assessment" and substituting "the notice of assessment is given".

(a) in subsection (1) in the definition of "non-assessed amount" by striking out "issued" and substituting "given", and

(b) in subsections (2) and (12) (b) by striking out "issued" and substituting "given".

(a) in subsection (2) by striking out "served on" and substituting "given to", and

SECTION 45: [Motor Fuel Tax Act, section 57]

repeals the specific rules for giving demands in order to make the general rules apply;
replaces an expression to clarify that the general rules for giving documents apply.

(b) in subsections (5) (a) and (b), (6) (b) and (7) by striking out "served" and substituting "given", and

(7.1) Money demanded from a person by the director under this section becomes payable as follows:

(a) if the person is indebted or liable to make a payment to the taxpayer at the time the demand is given, as soon as the demand is given to the person;

(b) in any other case, as soon as the person becomes indebted or liable to make a payment to the taxpayer.

SECTION 46: [Motor Fuel Tax Act, section 57.1] replaces various expressions with consistent terminology to clarify that the general rules for giving documents apply.

SECTION 47: [Motor Fuel Tax Act, section 63]

updates and reorganizes the general rules for the giving of documents by the director;
replaces various expressions with consistent terminology;
makes a housekeeping amendment.

How and when documents are given by director

63 (1) Subject to this Act, if, under this Act, a document must or may be given by the director to a person, the document may be given in accordance with subsection (2).