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

1 Section 1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended in the definition of "minister" by striking out "described in sections 7 to 10" and substituting "described in sections 7 to 9".

2 Section 7 (3) is repealed.

3 The following section is added:

Determination by minister

7.1  (1) On receiving an application under section 7 (1), the minister must determine, in accordance with any prescribed criteria, either

(a) that it is in the public interest to designate the health profession of the health profession association as a health profession under this Act, in which case the application must be considered further in accordance with section 12, or

(b) that it is not in the public interest to designate the health profession of the health profession association as a health profession under this Act, in which case the application must be refused.

(2) If the minister decides that an investigation is necessary to make the determination under subsection (1), an investigation is to be conducted in accordance with section 9.

(3) A determination under subsection (1) must be made on or before the date that is

(a) 3 months after the date of the receipt of the application under section 7 (1) if an investigation is not conducted under subsection (2) of this section, or

(b) 6 months after the date of the receipt of the application under section 7 (1) if an investigation is conducted under subsection (2) of this section.

(4) The minister must, as soon as practicable,

(a) notify the health profession association of a decision to conduct an investigation under subsection (2), if applicable, and the reasons for the decision, and

(b) notify the health profession association of a determination made under subsection (1) and the reasons for the determination.

4 Section 9 (1) is amended by striking out "section 7 (3) (c)" and substituting "section 7.1 (2)".

5 Section 10 is repealed.

6 Section 11 (c) is amended by striking out "section 10 (1)" and substituting "section 7.1 (1)".

Commencement

7  This Act comes into force on the date of Royal Assent.

Explanatory Notes

SECTION 1: [Health Professions Act, section 1] is consequential to amendments made to the Act by this Bill.

SECTION 2: [Health Professions Act, section 7] is consequential to amendments made to the Act by this Bill.

SECTION 3: [Health Professions Act, section 7.1]

• clarifies the minister's process in considering an application made by a health profession association seeking designation of its health profession;
• specifies notification requirements.

SECTION 4: [Health Professions Act, section 9] is consequential to amendments made to the Act by this Bill.

SECTION 5: [Health Professions Act, section 10] is consequential to amendments made to the Act by this Bill.

SECTION 6: [Health Professions Act, section 11] is consequential to amendments made to the Act by this Bill.