HONOURABLE DAVID R. P. EBY
ATTORNEY GENERAL

Bill 13 – 2020

MISCELLANEOUS STATUTES AMENDMENT ACT, 2020

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

Part 1 – Attorney General Amendments

Family Law Act

SECTION 1: [Family Law Act, section 10] authorizes family justice counsellors and those who assist them to collect personal information from persons relevant to a matter, for the purpose of providing assistance.

1 Section 10 of the Family Law Act, S.B.C. 2011, c. 25, is amended by adding the following subsection:

(4) For the purpose of providing assistance under this section, the following persons may collect, from a person relevant to the matter, personal information about any other person:

(a) a family justice counsellor;

(b) a person within a class of persons prescribed for the purposes of section 11 (1) (b) [confidentiality of information].

SECTION 2: [Family Law Act, section 41] updates terminology for consistency with the Declaration on the Rights of Indigenous Peoples Act.

2 Section 41 (e) is amended by striking out "if the child is an aboriginal child, the child's aboriginal identity" and substituting "if the child is an Indigenous child, the child's Indigenous identity".

SECTION 3: [Family Law Act, section 53] updates a cross-reference.

3 Section 53 (1) (a) is amended by striking out "Wills Act" and substituting "Wills, Estates and Succession Act".

SECTION 4: [Family Law Act, section 155] provides that, regardless of an agreement or court order providing otherwise, a recalculated amount of child support takes effect 31 days after notice of the recalculated amount is given to the party required to pay the support.

4 Section 155 (4) (b) is repealed and the following substituted:

(b) takes effect 31 days after the notification date, regardless of any effective date or other direction stated in an agreement or order respecting child support.

SECTION 5: [Family Law Act, section 156] removes a restriction on the period of time during which a minor correction to a statement of recalculation may be made.

5 Section 156 (2) is repealed and the following substituted:

(2) The child support service may make a correction

(a) on its own initiative, or

(b) on the request of a payor or recipient, if the request is made in the form and manner prescribed.

SECTION 6: [Family Law Act, heading to Division 3 of Part 10] updates terminology for consistency with the Declaration on the Rights of Indigenous Peoples Act.

6 The heading to Division 3 of Part 10 is repealed and the following substituted:

Division 3 – Standing in Indigenous Matters .

SECTION 7: [Family Law Act, section 237] provides that a party's or potential party's social insurance number is a type of information that a search officer may request for the purposes of section 238 of the Act.

7 Section 237 (1) is amended by adding the following paragraph:

(a.1) a party's or potential party's social insurance number; .

SECTION 8: [Family Law Act, section 238] provides authority for searchable information to be requested or disclosed for the purposes of assisting a party to a family law dispute to obtain or enforce a protection order.

8 Section 238 is amended by adding the following paragraphs:

(c) provide information for the purposes of assisting a party to a family law dispute to obtain

(i) an order under Part 9 [Protection from Family Violence], or

(ii) an order similar in nature to an order under Part 9 that may be made under an enactment of any jurisdiction or under an international convention;

(d) provide information for the purposes of assisting a party to a family law dispute to enforce an order described in paragraph (c).

SECTION 9: [Family Law Act, sections 412, 435 and 470] repeals inoperative provisions.

9 Sections 412, 435 and 470 are repealed.

Family Maintenance Enforcement Act

SECTION 10: [Family Maintenance Enforcement Act, section 8] provides that a debtor's social insurance number is a type of information that the director may request under section 8.2 of the Act.

10 Section 8 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended by adding the following paragraph:

(a.1) the debtor's social insurance number; .

SECTION 11: [Family Maintenance Enforcement Act, section 14.4] makes a housekeeping amendment for consistency in the expression of ordinal numbers.

11 Section 14.4 (2) is amended by striking out "14th day" and substituting "fourteenth day".

SECTION 12: [Family Maintenance Enforcement Act, section 29.1] removes a requirement to give to a debtor 2 notices before taking action against the debtor's vehicle licence, retaining only the requirement to give 30 days' notice.

12 Section 29.1 (2.1) is amended by striking out "At least 60 days before forwarding a notice to the Insurance Corporation of British Columbia under subsection (1) (b), and again at least 30 days before forwarding the notice under subsection (1) (b)," and substituting "At least 30 days before forwarding a notice to the Insurance Corporation of British Columbia under subsection (1) (b),".

Interjurisdictional Support Orders Act

SECTION 13: [Interjurisdictional Support Orders Act, section 19] provides that notice of the registration of a foreign support order may be sent either directly or indirectly to the payor.

13 Section 19 (1) of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, is repealed and the following substituted:

(1) After registration of a foreign order under section 18, the British Columbia court must send notice of the registration

(a) either

(i) directly to the party required to pay support under the order, whether or not that party habitually resides in British Columbia, or

(ii) indirectly, in the prescribed manner, to the party required to pay support under the order, and

(b) to every other party to the order who resides in British Columbia.

Lobbyists Registration Amendment Act, 2018

SECTION 14: [Lobbyists Registration Amendment Act, 2018, section 11] updates a cross-reference.

14 Section 11 of the Lobbyists Registration Amendment Act, 2018, S.B.C. 2018, c. 52, as it enacts section 4.2 (10) of the Lobbyists Registration Act, S.B.C. 2001, c. 42, is amended by striking out "subsections (2) (e), (9) and (10)" and substituting "subsections (2) (e), (8) and (9)".

SECTION 15: [Lobbyists Registration Amendment Act, 2018, section 23] updates a cross-reference.

15 Section 23 (e), as it enacts section 11 (2) (g.10) of the Lobbyists Registration Act, is amended by striking out "section 4.2 (11)" and substituting "section 4.2 (10)".

Supreme Court Act

SECTION 16: [Supreme Court Act, section 2] allows for the appointment of 95 judges to the Supreme Court of British Columbia.

16 Section 2 (2) (c) of the Supreme Court Act, R.S.B.C. 1996, c. 443, is amended by striking out "90 other judges" and substituting "95 other judges".

Part 2 – Finance Amendments

Land Owner Transparency Act

SECTION 17: [Land Owner Transparency Act, section 1] amends the definition of "publicly accessible information" consequential to the addition by this Bill of section 30 (2) (b.1) to the Act.

17 Section 1 of the Land Owner Transparency Act, S.B.C. 2019, c. 23, is amended in the definition of "publicly accessible information" by striking out "primary identification information and prescribed information" and substituting "information".

SECTION 18: [Land Owner Transparency Act, section 10] enables the Lieutenant Governor in Council to make regulations setting out additional information that must be contained in transparency declarations.

18 Section 10 (1) is amended

(a) by striking out "that states the following" and substituting "that contains the following information", and

(b) by adding the following paragraph:

(c) prescribed information.

SECTION 19: [Land Owner Transparency Act, section 17.1] requires persons to give notice to the administrator if a corporation, limited liability company, trust or partnership ceases to be a relevant corporation, relevant trust or relevant partnership.

19 The following section is added to Division 2 of Part 2:

Notice required if corporation, trust or partnership ceases to be relevant corporation, relevant trust or relevant partnership

17.1  (1) A corporation or limited liability company that is a registered owner of an interest in land must give notice to the administrator if, after the corporation or limited liability company has filed a transparency report, the corporation or limited liability company ceases to be a relevant corporation.

(2) A trustee that is a registered owner of an interest in land must give notice to the administrator if, after the trustee has filed a transparency report, the trust ceases to be a relevant trust.

(3) A partner that is a registered owner of an interest in land must give notice to the administrator if, after the partner has filed a transparency report, the partnership ceases to be a relevant partnership.

(4) A notice under this section must be given to the administrator, together with the applicable fee, within 2 months after the date on which

(a) the corporation or limited liability company ceases to be a relevant corporation,

(b) the trust ceases to be a relevant trust, or

(c) the partnership ceases to be a relevant partnership.

SECTION 20: [Land Owner Transparency Act, section 24] is consequential to the amendments made by this Bill to section 30 of the Act.

20 Section 24 (1) (b) and (c) is amended by striking out "individual's primary identification information" and substituting "information in relation to the individual".

SECTION 21: [Land Owner Transparency Act, section 30] adds parcel identifiers to the list of information that must be made publicly available.

21 Section 30 is amended

(a) in subsection (2) by striking out "must make the following information contained in transparency records available for search by any person" and substituting "must make the following information contained in transparency records available through searches conducted under section 35 [searches by members of public]",

(b) in subsection (2) (a) by striking out "registered as owners" and substituting "identified as registered owners",

(c) by repealing subsection (2) (b) (i) and (ii) and substituting the following:

(i) individuals who are, at the time of the search, identified as interest holders in relation to

(A) the reporting bodies referred to in paragraph (a) of this subsection, or

(B) the interests in land in respect of which the reporting bodies referred to in paragraph (a) of this subsection are identified as registered owners, and

(ii) in the case of reporting bodies referred to in paragraph (a) of this subsection that are trustees of relevant trusts, persons who are, at the time of the search, identified as settlors of the relevant trusts; ,

(d) in subsection (2) by adding the following paragraph:

(b.1) parcel identifiers for parcels of land in relation to which persons are, at the time of the search, identified as reporting bodies, interest holders or settlors; , and

(e) by repealing subsection (3) and substituting the following:

(3) The following information, as that information relates to an individual who is identified as an interest holder or settlor, must not be made publicly accessible under subsection (2) until at least 90 days after the transparency report to which the information relates has been accepted by the registrar for filing with the administrator:

(a) primary identification information;

(b) parcel identifiers for parcels of land in relation to which the individual is identified as an interest holder or settlor.

(4) For certainty, the requirement under subsection (3) (b) that parcel identifiers must not be made publicly accessible as information that relates to an individual identified as an interest holder or settlor does not affect the requirement under subsection (2) (b.1) that parcel identifiers must be made publicly accessible as information that relates to a person identified as a reporting body.

SECTION 22: [Land Owner Transparency Act, section 35] clarifies the types of searches that may be conducted in respect of publicly accessible information.

22 Section 35 is repealed and the following substituted:

Searches by members of public

35  Subject to reasonable conditions that the administrator may impose, a person may search publicly accessible information by

(a) searching for the name of a person to ascertain the parcel identifiers for the parcels of land in relation to which the person is, at the time of the search, identified as a reporting body, interest holder or settlor,

(b) searching for the parcel identifier for a parcel of land to ascertain the persons who are, at the time of the search, identified as reporting bodies, interest holders or settlors in relation to the parcel of land, or

(c) conducting a prescribed search.

SECTIONS 23 AND 24: [Land Owner Transparency Act, sections 39 and 40] are consequential to the amendments made by this Bill to section 30 of the Act.

23 Section 39 is amended

(a) in subsection (1) by striking out "The administrator must omit from or obscure in publicly accessible information an individual's primary identification information if the transparency report containing the primary identification information" and substituting "Primary identification information in respect of an individual and parcel identifiers for parcels of land in relation to which the individual is identified must be omitted from or obscured in publicly accessible information if the transparency report containing the information",

(b) in subsection (2) by striking out "The administrator must omit from or obscure in publicly accessible information the following" and substituting "The following information must be omitted from or obscured in publicly accessible information",

(c) in subsection (2) (a) by striking out "primary identification information" and substituting "information", and

(d) by adding the following subsection:

(3) For certainty, information in the form of parcel identifiers

(a) must be omitted from or obscured in publicly accessible information, as that information relates to individuals to whom subsection (1) or (2) applies, and

(b) must not be omitted from or obscured in publicly accessible information, as that information relates to persons other than individuals to whom subsection (1) or (2) applies.

24 Section 40 (1) is amended by striking out "the individual's primary identification information" and substituting "the information in relation to the individual that would otherwise be publicly accessible".

SECTION 25: [Land Owner Transparency Act, section 42] allows a person who was a reporting body to apply to the administrator to request corrections or changes to filed transparency reports, reported information or publicly accessible information.

25 Section 42 is amended

(a) in subsection (1) by striking out "A person may" and substituting "A person other than a person who was a reporting body may",

(b) by adding the following subsection:

(1.1) A person who was a reporting body may, by application to the administrator, request that corrections or changes be made to a filed transparency report, reported information or publicly accessible information if

(a) the transparency report, reported information or publicly accessible information contains incomplete or inaccurate information, and

(b) in the case of a request that a correction or change be made to information in relation to an interest holder or settlor, the person has taken reasonable steps to give written notice of the requested correction or change to the interest holder or settlor. ,

(c) in subsection (2) by striking out "applicant under subsection (1)" and substituting "applicant under subsection (1) or (1.1)",

(d) in subsection (2) (a) (i), (ii) and (iii) by striking out "the person" and substituting "the applicant", and

(e) by repealing subsection (2) (b) and substituting the following:

(b) in the case of an applicant under subsection (1), include in the application a copy of the request referred to in paragraph (b) of that subsection;

(b.1) in the case of an applicant under subsection (1.1) who requests a correction or change in relation to an interest holder or settlor, include the following information in the application:

(i) whether or not the applicant was able to give notice of the requested correction or change to the interest holder or settlor;

(ii) if the applicant was not able to give notice, a summary of the steps taken to give notice to the interest holder or settlor; .

SECTION 26: [Land Owner Transparency Act, section 43] removes unnecessary words and achieves consistency with section 45 (b) of the Act.

26 Section 43 (1) is amended by striking out "in a way that does not conceal the original content of that transparency report".

SECTION 27: [Land Owner Transparency Act, section 44] removes unnecessary words and updates language for consistency with section 45 (b) of the Act.

27 Section 44 (b) is repealed and the following substituted:

(b) annotate a filed transparency report; .

SECTIONS 28 AND 29: [Land Owner Transparency Act, sections 87 and 89] are consequential to the addition by this Bill of section 17.1 to the Act.

28 Section 87 (1) is amended by adding the following paragraph:

(a.1) a notice under section 17.1 [notice required if corporation, trust or partnership ceases to be relevant corporation, relevant trust or relevant partnership].

29 Section 89 (1) is amended by adding the following paragraph:

(a.1) a fee for a notice under section 17.1 [notice required if corporation, trust or partnership ceases to be relevant corporation, relevant trust or relevant partnership].

 
Consequential Amendment

Land Title and Survey Authority Act

SECTION 30: [Land Title and Survey Authority Act, section 19] is consequential to the addition by this Bill of section 17.1 to the Land Owner Transparency Act.

30 Section 19 (1) (e.1) of the Land Title and Survey Authority Act, S.B.C. 2004, c. 66, is amended by adding the following subparagraph:

(i.1) giving notices under section 17.1 [notice required if corporation, trust or partnership ceases to be relevant corporation, relevant trust or relevant partnership] of that Act, .

Part 3 – Forests, Lands, Natural Resource Operations and Rural Development Amendments

Water Sustainability Act

SECTION 31: [Water Sustainability Act, section 94]

31 Section 94 of the Water Sustainability Act, S.B.C. 2014, c. 15, is amended

(a) by repealing subsection (3) and substituting the following:

(3) If the decision maker proposes to cancel an authorization, change approval, permit or drilling authorization that is appurtenant to land, the decision maker must give written notice of the proposal to every person who has notified the comptroller or a water manager that the person has an interest in the land.

(3.1) If land referred to in subsection (3) comprises more than 6 parcels, the decision maker may, for the purposes of satisfying the requirement to give written notice under that subsection, give notice of the proposal by publication of at least one insertion each week for 3 consecutive weeks in a newspaper that circulates in the area in which the land is located. , and

(b) in subsection (5) by striking out "subsection (2), (3) (a) or (4)" and substituting "subsection (2), (3) or (4)" and by striking out "subsection (3) (b)" and substituting "subsection (3.1)".

SECTION 32: [Water Sustainability Act, section 106]

32 Section 106 is amended

(a) in subsection (2) (b) by adding the following subparagraph:

(iii.1) alters, defaces or removes a sign that is required under the regulations to be posted in respect of a dam, ,

(b) in subsection (3) (p) by striking out "construct, operate,",

(c) in subsection (4) (k) by striking out "for joint use of works", and

(d) in subsection (4) (q) (ii) by striking out "disinfecting a well or well pump" and substituting "disinfecting a well pump".

SECTION 33: [Water Sustainability Act, section 117.1] authorizes the minister to collect, use or disclose certain personal information for certain purposes.

33 The following section is added:

Authority to collect, use and disclose certain personal information

117.1  (1) The minister may, for one or more of the purposes listed in subsection (2), collect, use and disclose the following:

(a) personal information contained in

(i) an application under section 12 [application and decision maker initiative procedures] and any information, audit or report provided or obtained for the purpose of the application,

(ii) an authorization, change approval, permit or drilling authorization,

(iii) an order or reasons for an order made under this Act, or

(iv) a report, summary of a report or notice received under this Act;

(b) the address at which a person who holds an authorization, change approval, permit or drilling authorization can be contacted;

(c) personal information identifying a person who is or was

(i) an owner of land on or in which a stream, a stream channel, groundwater, an aquifer or works are or were located,

(ii) an owner of land, a mine or an undertaking to which an authorization, change approval, permit or drilling authorization is or was appurtenant,

(iii) a riparian owner,

(iv) a person who diverts water from a stream or an aquifer, or who uses water diverted from a stream or an aquifer, or

(v) an owner of works;

(d) personal information identifying a person who constructed, maintained or operated works;

(e) personal information that is information relating to a stream, a stream channel, groundwater, an aquifer or works;

(f) information within the meaning of paragraph (a), (d) or (e) of the definition of "government water record".

(2) The purposes referred to in subsection (1) are as follows:

(a) to administer this Act;

(b) to publish the information in a registry that is maintained by the government and relates to one or more of the following matters:

(i) authorizations, change approvals, permits or drilling authorizations;

(ii) works;

(iii) water, streams, groundwater or aquifers;

(iv) a prescribed matter;

(c) to manage risks of significant harm to public safety, the environment, land or other property;

(d) to monitor compliance with this Act and the regulations.

(3) Personal information under subsection (1) may be

(a) collected directly from the individual the information is about or from sources other than the individual, and

(b) disclosed inside or outside Canada.

(4) Section 117 (4) does not apply to the publication of personal information under this section.

(5) Nothing in this section is intended to limit the authority of the minister to collect, use or disclose personal information under an enactment.

SECTION 34: [Water Sustainability Act, section 126] adds a regulation-making power consequential to amendments made by this Bill to the Act.

34 Section 126 is amended by adding the following paragraph:

(f) prescribing matters for the purposes of section 117.1 (2) (b) (iv).

Part 4 – Health Amendments

E-Health (Personal Health Information Access and Protection of Privacy) Act

SECTION 35: [E-Health (Personal Health Information Access and Protection of Privacy) Act, section 18] aligns data residency rules applicable to the health sector with those of other public sectors.

35 Section 18 (2) (a) of the E-Health (Personal Health Information Access and Protection of Privacy) Act, S.B.C. 2008, c. 38, is amended by striking out "section 33.1 (1) (a), (c), (e), (e.1), (g), (i), (i.1), (m), (m.1), (n), (p) or (t) or (6) or (7)" and substituting "section 33.1 (1) (a), (c), (e), (e.1), (g), (i), (i.1), (m), (m.1), (n), (p), (p.1), (p.2) or (t), (6) or (7)".

Pharmaceutical Services Act

SECTION 36: [Pharmaceutical Services Act, section 23] aligns data residency rules applicable to the health sector with those of other public sectors.

36 Section 23 (2) (a) of the Pharmaceutical Services Act, S.B.C. 2012, c. 22, is amended by striking out "section 33.1 (1) (a), (c), (e), (e.1), (g), (i), (i.1), (m), (m.1), (n), (p) or (t), (6) or (7)" and substituting "section 33.1 (1) (a), (c), (e), (e.1), (g), (i), (i.1), (m), (m.1), (n), (p), (p.1), (p.2) or (t), (6) or (7)".

SECTION 37: [Pharmaceutical Services Act, section 63] removes an extraneous word.

37 Section 63 (4) (d) is amended by striking out "applies".

Part 5 – Indigenous Relations and Reconciliation Amendments

Adoption Act

SECTIONS 38 TO 41: [Adoption Act, sections 63, 64 and 71] replace references to "Nisga'a Lisims Government" with references to "Nisga'a Nation".

38 Section 63 (1) (d) of the Adoption Act, R.S.B.C. 1996, c. 5, as enacted by section 2 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, is amended by striking out "a law of the Nisga'a Lisims Government" and substituting "a law of the Nisga'a Nation".

39 Section 64 (1) (e), as enacted by section 3 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "a law of the Nisga'a Lisims Government" and substituting "a law of the Nisga'a Nation".

40 Section 71 (1), as amended by section 4 (a) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "a law of treaty first nation or the Nisga'a Lisims Government" and substituting "a law of a treaty first nation or the Nisga'a Nation".

41 Section 71 (3) and (5), as amended by section 4 (b) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "the Nisga'a Lisims Government" and substituting "the Nisga'a Nation".

Assessment Act

SECTION 42: [Assessment Act, sections 2, 7 and 68] replaces references to "Nisga'a Lisims Government" with references to "Nisga'a Nation".

42 Sections 2, 7 (2) and (3) and 68 (4) (b) (ii.1) of the Assessment Act, R.S.B.C. 1996, c. 20, are amended by striking out "the Nisga'a Lisims Government" and substituting "the Nisga'a Nation".

Building Act

SECTION 43: [Building Act, section 1] replaces a reference to "Nisga'a Lisims Government" with references to "Nisga'a Nation" and "Nisga'a Village".

43 Section 1 of the Building Act, S.B.C. 2015, c. 2, is amended by repealing paragraph (c) of the definition of "local authority" and substituting the following:

(c) the Nisga'a Nation;

(c.1) a Nisga'a Village; .

SECTION 44: [Building Act, section 5] replaces a reference to "Nisga'a Lisims Government" with references to "Nisga'a Nation" and "Nisga'a Village".

44 Section 5 (1) is amended by striking out "other than a treaty first nation or the Nisga'a Lisims Government" and substituting "other than a treaty first nation, the Nisga'a Nation or a Nisga'a Village".

Evidence Act

SECTION 45: [Evidence Act, section 24.1] provides for judicial notice to be taken of the laws of a Nisga'a Village.

45 Section 24.1 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed and the following substituted:

(1) Judicial notice must be taken of the laws of a treaty first nation, the Nisga'a Nation or a Nisga'a Village.

Land Title Act

SECTION 46: [Land Title Act, section 77.3] removes a reference to an employee of the Nisga'a Lisims Government and includes a person who is employed by or under contract with the Nisga'a Nation in the list of those who may be appointed as an approving officer.

46 Section 77.3 (2) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended

(a) in paragraph (a) by striking out "or employee", and

(b) by repealing paragraph (b) and substituting the following:

(b) a person who is employed by or under contract with the Nisga'a Nation.

Miscellaneous Statutes Amendment Act (No. 3), 2010

SECTION 47: [Miscellaneous Statutes Amendment Act (No. 3), 2010, section 5] is self-explanatory.

47 Section 5 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, is repealed.

SECTION 48: [Miscellaneous Statutes Amendment Act (No. 3), 2010, section 17.1] adds definitions to the Motor Vehicle Act related to amendments made by this Bill.

48 The following section is added:

17.1 Section 119 (1) is amended by adding the following definitions:

"Nisga'a village", in relation to a Nisga'a Village, means the developed area comprising the main community within the Nisga'a Village Lands of the Nisga'a Village and constituting the village referred to in paragraph 72 of the Nisga'a Government Chapter of the Nisga'a Final Agreement;

"Nisga'a Village Lands" has the same meaning as in the Definitions Chapter of the Nisga'a Final Agreement; .

Motor Vehicle Act

SECTION 49: [Motor Vehicle Act, section 83] replaces a reference to "Nisga'a Government" with references to "Nisga'a Nation" and "Nisga'a Village".

49 Section 83 (1) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended in the definition of "Nisga'a traffic laws", as enacted by section 16 (a) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, by striking out "the laws of a Nisga'a Government" and substituting "the laws of the Nisga'a Nation or a Nisga'a Village".

SECTION 50: [Motor Vehicle Act, section 84] replaces a reference to "Nisga'a Government" with references to "Nisga'a Nation" and "Nisga'a Village".

50 Section 84 (1) (d), as enacted by section 17 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is repealed and the following substituted:

(d) a law of the Nisga'a Nation or a Nisga'a Village, .

SECTION 51: [Motor Vehicle Act, section 119] adds a reference to a "body" to correspond to the contents of the paragraphs referenced in the definition.

51 Section 119 (1) is amended in paragraph (e) of the definition of "traffic control device", as amended by section 18 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, by striking out "a person authorized by a person referred to" and substituting "a person authorized by a person or body referred to".

SECTION 52: [Motor Vehicle Act, section 135] clarifies the jurisdiction of the Nisga'a Village Government and the Nisga'a Lisims Government.

52 Section 135 (1) (c.1) and (c.2), as enacted by section 19 (a) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is repealed and the following substituted:

(c.1) the Nisga'a Village Government of a Nisga'a Village if the device is placed, erected or maintained in a Nisga'a village,

(c.2) the Nisga'a Lisims Government if the device is placed, erected or maintained in Nisga'a Lands outside a Nisga'a village, or .

SECTION 53: [Motor Vehicle Act, section 135] adds a reference to a "body" to correspond to the exclusions in that section.

53 Section 135 (2) is amended by striking out "A person," and substituting "A person or body,".

SECTION 54: [Motor Vehicle Act, section 146] clarifies the speed limits inside and outside of a Nisga'a village.

54 Section 146 (1), as enacted by section 20 (a) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "a Nisga'a Village" wherever it appears and substituting "a Nisga'a village".

SECTION 55: [Motor Vehicle Act, section 146] clarifies references in relation to the jurisdiction of the Nisga'a Village Government and the Nisga'a Lisims Government.

55 Section 146 (11) (b) and (c), as enacted by section 20 (d) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is repealed and the following substituted:

(b) a Nisga'a village, or

(c) Nisga'a Lands outside a Nisga'a village .

SECTIONS 56 TO 59: [Motor Vehicle Act, sections 168, 188, 189 and 190] replace references to "Nisga'a Government" with references to "Nisga'a Nation" and "Nisga'a Village".

56 Section 168, as amended by section 21 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "or the laws of a treaty first nation or a Nisga'a Government," and substituting "or the laws of a treaty first nation, the Nisga'a Nation or a Nisga'a Village,".

57 Section 188 (1) (b) and (3), as amended by section 23 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "a treaty first nation or a Nisga'a Government," and substituting "a treaty first nation, the Nisga'a Nation or a Nisga'a Village,".

58 Section 189 (1) (o), as amended by section 24 (a) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "a treaty first nation or a Nisga'a Government." and substituting "a treaty first nation, the Nisga'a Nation or a Nisga'a Village."

59 Section 190, as amended by section 25 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "a treaty first nation, a Nisga'a Government or" and substituting "a treaty first nation, the Nisga'a Nation, a Nisga'a Village or".

SECTION 60: [Motor Vehicle Act, section 204] adds a reference to a "body" to correspond to the contents of the paragraphs referenced in section 204 (3) of the Act.

60 Section 204 (3) (e), as enacted by section 27 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "a person authorized by a person referred to" and substituting "a person authorized by a person or body referred to".

SECTION 61: [Motor Vehicle Act, section 214] clarifies the applicable law in relation to a highway's location with respect to a Nisga'a village.

61 Section 214 (1) (d), as enacted by section 28 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is repealed and the following substituted:

(d) a highway within Nisga'a Lands, except in accordance with

(i) the laws of the applicable Nisga'a Village if the highway is within a Nisga'a village, or

(ii) the laws of the Nisga'a Nation if the highway is outside a Nisga'a village.

New Relationship Trust Act

SECTION 62: [New Relationship Trust Act, section 1] clarifies a reference to the President of the Nisga'a Nation.

62 Section 1 of the New Relationship Trust Act, S.B.C. 2006, c. 6, is amended in paragraph (c.2) of the definition of "qualified individual", as enacted by section 29 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, by striking out "the President of the Nisga'a Lisims Government" and substituting "the President of the Nisga'a Nation".

Trespass Act

SECTION 63: [Trespass Act, section 10] removes an unnecessary reference.

63 Section 10 (4) (b) of the Trespass Act, R.S.B.C. 2018, c. 3, as enacted by section 31 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, is amended by striking out ", as defined in the Nisga'a Final Agreement".

Vital Statistics Act

SECTION 64: [Vital Statistics Act, section 12] replaces a reference to "Nisga'a Lisims Government" with a reference to "Nisga'a Nation".

64 Section 12 (4) (c) of the Vital Statistics Act, R.S.B.C. 1996, c. 479, as enacted by section 32 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, is amended by striking out "a law of the Nisga'a Lisims Government," and substituting "a law of the Nisga'a Nation,".

SECTION 65: [Vital Statistics Act, section 14] replaces a reference to "Nisga'a Lisims Government" with a reference to "Nisga'a Nation".

65 Section 14 (1), as amended by section 34 of the Miscellaneous Statutes Amendment Act (No. 3), 2010, is amended by striking out "a treaty first nation, the Nisga'a Lisims Government or another jurisdiction" and substituting "a treaty first nation, the Nisga'a Nation or another jurisdiction".

Part 6 – Jobs, Economic Development and Competitiveness Amendments

Labour Mobility Act

SECTION 66: [Labour Mobility Act, section 1] amends the definition of "Agreement" so that it means the Canadian Free Trade Agreement.

66 Section 1 of the Labour Mobility Act, S.B.C. 2009, c. 20, is amended by repealing the definition of "Agreement" and substituting the following:

"Agreement" means the Canadian Free Trade Agreement that entered into force on July 1, 2017, as amended from time to time; .

SECTION 67: [Labour Mobility Act, section 2] amends the section to refer to Article 707 of the Agreement.

67 Section 2 is amended by striking out "Article 708" and substituting "Article 707".

SECTION 68: [Labour Mobility Act, section 8] amends the section to refer to both the Canadian Free Trade Agreement and the Agreement on Internal Trade.

68 Section 8 is repealed and the following substituted:

Prohibition on private cause of action

8  (1) Subject to subsection (2), no legal proceeding lies or may be brought or continued against the government or another person to enforce or determine a right or obligation that is claimed or arises solely under

(a) the Agreement, or

(b) the Agreement on Internal Trade, signed in 1994 by the governments of Canada, the provinces, Yukon and the Northwest Territories, as amended from time to time.

(2) Subsection (1) does not apply to a proceeding that is contemplated by

(a) Chapter Ten of the Agreement, or

(b) Chapter Seventeen of the Agreement on Internal Trade.

Part 7 – Public Safety and Solicitor General Amendments

Guide Dog and Service Dog Act

SECTION 69: [Guide Dog and Service Dog Act, section 1] adds and amends definitions consequential to amendments made by this Bill to the Act.

69 Section 1 of the Guide Dog and Service Dog Act, S.B.C. 2015, c. 17, is amended

(a) by adding the following definition:

"accredited or recognized training school" has the prescribed meaning; ,

(b) by repealing the definition of "certified" and substituting the following:

"certified" means certified by the registrar under section 6 or deemed to be certified under section 6.1; , and

(c) by repealing the definition of "dog-in-training" and substituting the following:

"dog-in-training" means a dog that is being trained by a dog trainer to become a guide dog or service dog; .

SECTION 70: [Guide Dog and Service Dog Act, section 1.1] clarifies the relationship between the Act and the Human Rights Code.

70 The following section is added:

Human Rights Code prevails over this Act

1.1  For certainty, nothing in this Act, nor anything done under this Act, abrogates or derogates from the Human Rights Code.

SECTION 71: [Guide Dog and Service Dog Act, section 5] eliminates dog-in-training certificates.

71 Section 5 (1) (d) is repealed.

SECTION 72: [Guide Dog and Service Dog Act, section 6.1] provides for the deemed certification of guide dog teams and service dog teams.

72 The following section is added:

Deemed certification

6.1  (1) A blind person and a dog are deemed to be certified as a guide dog team if the person holds a valid identification card issued to the team by an accredited or recognized training school.

(2) A person with a disability and a dog are deemed to be certified as a service dog team if the person holds a valid identification card issued to the team by an accredited or recognized training school.

(3) Certification of a guide dog team under subsection (1) or a service dog team under subsection (2) ends on the earlier of the following:

(a) the expiry date specified on the identification card;

(b) the date on which an accredited or recognized training school revokes the identification card it issued to the team.

SECTION 73: [Guide Dog and Service Dog Act, section 11] provides authority to define "accredited or recognized training school" in the regulations.

73 Section 11 (2) is amended by adding the following paragraph:

(h) defining "accredited or recognized training school".

Commencement

74  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item Column 1
Provisions of Act
Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Section 1 By regulation of the Lieutenant Governor in Council
3 Section 5 By regulation of the Lieutenant Governor in Council
4 Sections 12 and 13 By regulation of the Lieutenant Governor in Council
5 Sections 14 and 15 The date of Royal Assent or May 4, 2020, whichever is earlier
6 Section 16 By regulation of the Lieutenant Governor in Council
7 Sections 66 to 68 July 1, 2017
8 Section 69 By regulation of the Lieutenant Governor in Council
9 Sections 71 to 73 By regulation of the Lieutenant Governor in Council

 
Explanatory Notes

SECTION 1: [Family Law Act, section 10] authorizes family justice counsellors and those who assist them to collect personal information from persons relevant to a matter, for the purpose of providing assistance.

SECTION 2: [Family Law Act, section 41] updates terminology for consistency with the Declaration on the Rights of Indigenous Peoples Act.

SECTION 3: [Family Law Act, section 53] updates a cross-reference.

SECTION 4: [Family Law Act, section 155] provides that, regardless of an agreement or court order providing otherwise, a recalculated amount of child support takes effect 31 days after notice of the recalculated amount is given to the party required to pay the support.

SECTION 5: [Family Law Act, section 156] removes a restriction on the period of time during which a minor correction to a statement of recalculation may be made.

SECTION 6: [Family Law Act, heading to Division 3 of Part 10] updates terminology for consistency with the Declaration on the Rights of Indigenous Peoples Act.

SECTION 7: [Family Law Act, section 237] provides that a party's or potential party's social insurance number is a type of information that a search officer may request for the purposes of section 238 of the Act.

SECTION 8: [Family Law Act, section 238] provides authority for searchable information to be requested or disclosed for the purposes of assisting a party to a family law dispute to obtain or enforce a protection order.

SECTION 9: [Family Law Act, sections 412, 435 and 470] repeals inoperative provisions.

SECTION 10: [Family Maintenance Enforcement Act, section 8] provides that a debtor's social insurance number is a type of information that the director may request under section 8.2 of the Act.

SECTION 11: [Family Maintenance Enforcement Act, section 14.4] makes a housekeeping amendment for consistency in the expression of ordinal numbers.

SECTION 12: [Family Maintenance Enforcement Act, section 29.1] removes a requirement to give to a debtor 2 notices before taking action against the debtor's vehicle licence, retaining only the requirement to give 30 days' notice.

SECTION 13: [Interjurisdictional Support Orders Act, section 19] provides that notice of the registration of a foreign support order may be sent either directly or indirectly to the payor.

SECTION 14: [Lobbyists Registration Amendment Act, 2018, section 11] updates a cross-reference.

SECTION 15: [Lobbyists Registration Amendment Act, 2018, section 23] updates a cross-reference.

SECTION 16: [Supreme Court Act, section 2] allows for the appointment of 95 judges to the Supreme Court of British Columbia.

SECTION 17: [Land Owner Transparency Act, section 1] amends the definition of "publicly accessible information" consequential to the addition by this Bill of section 30 (2) (b.1) to the Act.

SECTION 18: [Land Owner Transparency Act, section 10] enables the Lieutenant Governor in Council to make regulations setting out additional information that must be contained in transparency declarations.

SECTION 19: [Land Owner Transparency Act, section 17.1] requires persons to give notice to the administrator if a corporation, limited liability company, trust or partnership ceases to be a relevant corporation, relevant trust or relevant partnership.

SECTION 20: [Land Owner Transparency Act, section 24] is consequential to the amendments made by this Bill to section 30 of the Act.

SECTION 21: [Land Owner Transparency Act, section 30] adds parcel identifiers to the list of information that must be made publicly available.

SECTION 22: [Land Owner Transparency Act, section 35] clarifies the types of searches that may be conducted in respect of publicly accessible information.

SECTIONS 23 AND 24: [Land Owner Transparency Act, sections 39 and 40] are consequential to the amendments made by this Bill to section 30 of the Act.

SECTION 25: [Land Owner Transparency Act, section 42] allows a person who was a reporting body to apply to the administrator to request corrections or changes to filed transparency reports, reported information or publicly accessible information.

SECTION 26: [Land Owner Transparency Act, section 43] removes unnecessary words and achieves consistency with section 45 (b) of the Act.

SECTION 27: [Land Owner Transparency Act, section 44] removes unnecessary words and updates language for consistency with section 45 (b) of the Act.

SECTIONS 28 AND 29: [Land Owner Transparency Act, sections 87 and 89] are consequential to the addition by this Bill of section 17.1 to the Act.

SECTION 30: [Land Title and Survey Authority Act, section 19] is consequential to the addition by this Bill of section 17.1 to the Land Owner Transparency Act.

SECTION 31: [Water Sustainability Act, section 94]

SECTION 32: [Water Sustainability Act, section 106]

SECTION 33: [Water Sustainability Act, section 117.1] authorizes the minister to collect, use or disclose certain personal information for certain purposes.

SECTION 34: [Water Sustainability Act, section 126] adds a regulation-making power consequential to amendments made by this Bill to the Act.

SECTION 35: [E-Health (Personal Health Information Access and Protection of Privacy) Act, section 18] aligns data residency rules applicable to the health sector with those of other public sectors.

SECTION 36: [Pharmaceutical Services Act, section 23] aligns data residency rules applicable to the health sector with those of other public sectors.

SECTION 37: [Pharmaceutical Services Act, section 63] removes an extraneous word.

SECTIONS 38 TO 41: [Adoption Act, sections 63, 64 and 71] replace references to "Nisga'a Lisims Government" with references to "Nisga'a Nation".

SECTION 42: [Assessment Act, sections 2, 7 and 68] replaces references to "Nisga'a Lisims Government" with references to "Nisga'a Nation".

SECTION 43: [Building Act, section 1] replaces a reference to "Nisga'a Lisims Government" with references to "Nisga'a Nation" and "Nisga'a Village".

SECTION 44: [Building Act, section 5] replaces a reference to "Nisga'a Lisims Government" with references to "Nisga'a Nation" and "Nisga'a Village".

SECTION 45: [Evidence Act, section 24.1] provides for judicial notice to be taken of the laws of a Nisga'a Village.

SECTION 46: [Land Title Act, section 77.3] removes a reference to an employee of the Nisga'a Lisims Government and includes a person who is employed by or under contract with the Nisga'a Nation in the list of those who may be appointed as an approving officer.

SECTION 47: [Miscellaneous Statutes Amendment Act (No. 3), 2010, section 5] is self-explanatory.

SECTION 48: [Miscellaneous Statutes Amendment Act (No. 3), 2010, section 17.1] adds definitions to the Motor Vehicle Act related to amendments made by this Bill.

SECTION 49: [Motor Vehicle Act, section 83] replaces a reference to "Nisga'a Government" with references to "Nisga'a Nation" and "Nisga'a Village".

SECTION 50: [Motor Vehicle Act, section 84] replaces a reference to "Nisga'a Government" with references to "Nisga'a Nation" and "Nisga'a Village".

SECTION 51: [Motor Vehicle Act, section 119] adds a reference to a "body" to correspond to the contents of the paragraphs referenced in the definition.

SECTION 52: [Motor Vehicle Act, section 135] clarifies the jurisdiction of the Nisga'a Village Government and the Nisga'a Lisims Government.

SECTION 53: [Motor Vehicle Act, section 135] adds a reference to a "body" to correspond to the exclusions in that section.

SECTION 54: [Motor Vehicle Act, section 146] clarifies the speed limits inside and outside of a Nisga'a village.

SECTION 55: [Motor Vehicle Act, section 146] clarifies references in relation to the jurisdiction of the Nisga'a Village Government and the Nisga'a Lisims Government.

SECTIONS 56 TO 59: [Motor Vehicle Act, sections 168, 188, 189 and 190] replace references to "Nisga'a Government" with references to "Nisga'a Nation" and "Nisga'a Village".

SECTION 60: [Motor Vehicle Act, section 204] adds a reference to a "body" to correspond to the contents of the paragraphs referenced in section 204 (3) of the Act.

SECTION 61: [Motor Vehicle Act, section 214] clarifies the applicable law in relation to a highway's location with respect to a Nisga'a village.

SECTION 62: [New Relationship Trust Act, section 1] clarifies a reference to the President of the Nisga'a Nation.

SECTION 63: [Trespass Act, section 10] removes an unnecessary reference.

SECTION 64: [Vital Statistics Act, section 12] replaces a reference to "Nisga'a Lisims Government" with a reference to "Nisga'a Nation".

SECTION 65: [Vital Statistics Act, section 14] replaces a reference to "Nisga'a Lisims Government" with a reference to "Nisga'a Nation".

SECTION 66: [Labour Mobility Act, section 1] amends the definition of "Agreement" so that it means the Canadian Free Trade Agreement.

SECTION 67: [Labour Mobility Act, section 2] amends the section to refer to Article 707 of the Agreement.

SECTION 68: [Labour Mobility Act, section 8] amends the section to refer to both the Canadian Free Trade Agreement and the Agreement on Internal Trade.

SECTION 69: [Guide Dog and Service Dog Act, section 1] adds and amends definitions consequential to amendments made by this Bill to the Act.

SECTION 70: [Guide Dog and Service Dog Act, section 1.1] clarifies the relationship between the Act and the Human Rights Code.

SECTION 71: [Guide Dog and Service Dog Act, section 5] eliminates dog-in-training certificates.

SECTION 72: [Guide Dog and Service Dog Act, section 6.1] provides for the deemed certification of guide dog teams and service dog teams.

SECTION 73: [Guide Dog and Service Dog Act, section 11] provides authority to define "accredited or recognized training school" in the regulations.