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

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].

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".

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

4 Section 155 (4) (b) is repealed and the following substituted: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

5 Section 156 (2) is repealed and the following substituted: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

6 The heading to Division 3 of Part 10 is repealed and the following substituted:

Division 3 – Standing in Indigenous Matters .

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

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

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).

9 Sections 412, 435 and 470 are repealed.

Family Maintenance Enforcement 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; .

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

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

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

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)".

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

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

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".

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.

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.

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".

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 "reporting bodies that are, at the time of the search, registered as owners" and substituting "reporting bodies that are identified as registered owners",

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

(i) individuals who are 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 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 identified as reporting bodies, interest holders or settlors; , and

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

(3) The administrator must take reasonable steps to ensure that the information to be made available under subsection (2) relates to persons who are, at the time of the search, identified as reporting bodies, interest holders or settlors.

(4) 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.

(5) For certainty, the requirement under subsection (4) (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.

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 obtain 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 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 identified as reporting bodies, interest holders or settlors in relation to the parcel of land, or

(c) conducting a prescribed search.

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".

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; .

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

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

(b) annotate a filed transparency report; .

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

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

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)".

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".

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.

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

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

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)".

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

Part 5 – Indigenous Relations and Reconciliation Amendments

Adoption Act

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

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

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; .

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

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

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

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

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

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".

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, .

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".

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 .

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

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".

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 .

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".

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".

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

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

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

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,".

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

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; .

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

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

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; .

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.

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

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.

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