The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE DAVID EBY
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR HOUSING
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
COVID-19 Related Measures Act
SECTION 1: [COVID-19 Related Measures Act, section 3]
1 Section 3 (6) and (7) of the COVID-19 Related Measures Act, S.B.C. 2020, c. 8, is repealed and the following substituted:
(6) The Lieutenant Governor in Council may, before a COVID-19 provision is repealed under this section, specify by regulation a different date on which the COVID-19 provision is to be repealed, and if a different date is so specified, the COVID-19 provision is repealed on that specified date.
(7) The Lieutenant Governor in Council may not specify a date
(a) for the purposes of subsection (5) (c) that is later than December 31, 2021, and
(b) for the purposes of subsection (6) that would have retroactive effect or that is later than December 31, 2021.
SECTION 2: [COVID-19 Related Measures Act, section 4]
2 Section 4 is amended
(a) by adding the following subsection:
(0.1) In this section, "business day" means a day other than a Saturday or a holiday. ,
(b) in subsections (1) and (2) by striking out "The minister responsible" and substituting "Subject to subsection (2.1), the minister responsible",
(c) by adding the following subsection:
(2.1) If the report required under subsection (2) is in relation to a regulation referred to in section 3 (5) (c) or (8) (b),
(a) the report may be combined with the report required under subsection (1) of this section, and
(b) the combined report may be made by either minister or by both ministers. , and
(d) in subsection (3) (b) by striking out "5 days" and substituting "5 business days".
SECTION 3: [COVID-19 Related Measures Act, section 7]
3 Section 7 is repealed and the following substituted:
7 Sections 1 to 5 and this section are repealed on December 31, 2021.
Family Law Act
SECTION 4: [Family Law Act, section 1] amends the definition of "family violence" to clarify that family violence does not need to include an intent to harm a family member.
4 Section 1 of the Family Law Act, S.B.C. 2011, c. 25, is amended in the definition of "family violence" by adding ", with or without an intent to harm a family member," after "includes".
SECTION 5: [Family Law Act, various sections] updates references to the Provincial Court Family Rules.
5 Sections 51 (2), 200 (1) and (2), 208 (4), 212 (1) and 213 (1) (a) (ii) are amended by striking out "Provincial Court (Family) Rules" and substituting "Provincial Court Family Rules".
Residential Tenancy Act
SECTION 6: [Residential Tenancy Act, section 45.1] amends the definition of "household violence" to clarify that household violence does not need to include an intent to harm a tenant or occupant.
6 Section 45.1 (1) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended in the definition of "household violence" by adding ", with or without an intent to harm a tenant or occupant," after "means violence".
Employment Standards Act
SECTION 7: [Employment Standards Act, section 52.5] amends the definition of "domestic or sexual violence" to clarify that domestic or sexual violence does not need to include an intent to harm an intimate partner or family member.
7 Section 52.5 (1) of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended in the definition of "domestic or sexual violence" by adding ", with or without an intent to harm an intimate partner or family member," after "includes".
SECTION 8: [Confirmation of statutes correction regulations] validates B.C. Regs. 111/2021 and 118/2021 and confirms and gives continuing effect to the corrections made to the Residential Tenancy Act and the Attorney General Statutes (Vehicle Insurance) Amendment Act, 2020 in respect of reference errors.
8 The following regulations are validated and the corrections made by those regulations are confirmed and given continuing effect:
(a) B.C. Reg. 111/2021;
(b) B.C. Reg. 118/2021.
Part 2 – Energy, Mines and Low Carbon Innovation Amendments
Clean Energy Act
SECTION 9: [Clean Energy Act, Schedule 1] removes Burrard Thermal from the list of heritage assets in Schedule 1 to the Act.
9 Schedule 1 to the Clean Energy Act, S.B.C. 2010, c. 22, is amended by striking out "Burrard Thermal".
Part 3 – Public Safety and Solicitor General Amendments
Motor Vehicle Act
SECTION 10: [Motor Vehicle Act, section 26]
10 Section 26 (1) (c) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended
(a) by striking out "his or her failure" and substituting "the person's failure",
(b) by repealing subparagraphs (v) and (vi) and substituting the following:
(v) the Transportation Act,
(vi) the Passenger Transportation Act, ,
(c) in subparagraph (x) by striking out "or", and
(d) by adding the following subparagraphs:
(xii) the COVID-19 Related Measures Act, whether the indebtedness arose before or after this subparagraph comes into force, or
(xiii) the Emergency Program Act, whether the indebtedness arose before or after this subparagraph comes into force, .
SECTION 11: [Motor Vehicle Act, section 26] replaces gendered language with gender-neutral language.
11 Section 26 (1) (h) is amended by striking out "his or her failure" and substituting "the person's failure".
SECTION 12: [Motor Vehicle Act, section 26]
12 Section 26 (3) is amended
(a) by striking out "his or her failure" and substituting "the person's failure", and
(b) by repealing paragraph (d) (ii) and substituting the following:
(ii) an enactment referred to in subsection (1) (c) (ii) to (xiii) of this section, or .
13 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 | July 10, 2020 |
3 | Sections 10 to 12 | July 1, 2021 |
SECTION 1: [COVID-19 Related Measures Act, section 3]
SECTION 2: [COVID-19 Related Measures Act, section 4]
SECTION 3: [COVID-19 Related Measures Act, section 7]
SECTION 4: [Family Law Act, section 1] amends the definition of "family violence" to clarify that family violence does not need to include an intent to harm a family member.
SECTION 5: [Family Law Act, various sections] updates references to the Provincial Court Family Rules.
SECTION 6: [Residential Tenancy Act, section 45.1] amends the definition of "household violence" to clarify that household violence does not need to include an intent to harm a tenant or occupant.
SECTION 7: [Employment Standards Act, section 52.5] amends the definition of "domestic or sexual violence" to clarify that domestic or sexual violence does not need to include an intent to harm an intimate partner or family member.
SECTION 8: [Confirmation of statutes correction regulations] validates B.C. Regs. 111/2021 and 118/2021 and confirms and gives continuing effect to the corrections made to the Residential Tenancy Act and the Attorney General Statutes (Vehicle Insurance) Amendment Act, 2020 in respect of reference errors.
SECTION 9: [Clean Energy Act, Schedule 1] removes Burrard Thermal from the list of heritage assets in Schedule 1 to the Act.
SECTION 10: [Motor Vehicle Act, section 26]
SECTION 11: [Motor Vehicle Act, section 26] replaces gendered language with gender-neutral language.
SECTION 12: [Motor Vehicle Act, section 26]