Bill 3 – 2023: Miscellaneous Statutes Amendment Act, 2023

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

Validation and Confirmation Provision

CLAUSE 1: [Confirmation of statutes correction regulation] validates B.C. Reg. 103/2022 and confirms and gives continuing effect to the corrections made to the Child, Family and Community Service Act in respect of a reference error.

Confirmation of statutes correction regulation

1 B.C. Reg. 103/2022 is validated and the corrections made by that regulation are confirmed and given continuing effect.

CLAUSE 2: [Freedom of Information and Protection of Privacy Act, section 3] provides that specified sections of the Act apply to records related to the exercise of functions by officers of the Legislature and the auditor general under the Auditor General for Local Government Act.

2 Section 3 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(4) Despite subsection (3) (f), in respect of a record that is created by or for, or is in the custody or under the control of, an officer of the Legislature and that relates to the exercise of functions under an Act, the following sections apply to the officer of the Legislature, including all employees of the officer of the Legislature and, in the case of an employee that is a service provider, all employees and associates of the service provider:

(a) section 25.1 [unauthorized collection, use and disclosure of personal information prohibited] as it relates to unauthorized disclosure of personal information;

(4.1) Despite subsection (3) (g), in respect of a record that was created by or for the auditor general under the Auditor General for Local Government Act and that relates to the exercise of functions under that Act, the sections listed in subsection (4) (a) to (j) of this section apply to a public body, including all employees, officers or directors of the public body and, in the case of an employee that is a service provider, all employees and associates of the service provider, that has the record in its custody or under its control.

CLAUSE 3: [Ecological Reserve Act, section 5.1] makes housekeeping amendments to enable the minister to suspend a permit as well as modify or cancel a permit.

3 Section 5.1 (6) of the Ecological Reserve Act, R.S.B.C. 1996, c. 103, is amended by striking out "the minister may cancel or modify a permit issued under this section" and substituting "the minister may suspend, modify or cancel a permit issued under this section".

CLAUSE 4: [Ecological Reserve Act, sections 6.1 to 6.5 and 7.01] establishes an administrative penalty scheme within the Act that does all of the following:

provides for the appointment of a director and the delegation of specified powers and duties to a director;
authorizes the imposition of an administrative penalty in specified circumstances;
provides for the payment of administrative penalties and requires revenue received by the government to be paid into the Park Enhancement Fund special account;
prevents a person from being prosecuted for an offence under the Act if the person is subject to an administrative penalty for the same contravention;
ensures that specified persons who authorize, permit or acquiesce in a contravention or failure by a corporation are also liable for an administrative penalty;
authorizes agreements that may, on terms and conditions, reduce or cancel an administrative penalty;
provides for the recovery of an administrative penalty, as a debt due to the government, by filing a certificate in court, and specifies the effect of such a certificate;
provides for the appeal of specified decisions to the Environmental Appeal Board established under the Environmental Management Act and applies provisions of that Act in relation to the appeal;
authorizes the Lieutenant Governor in Council to make regulations related to the administrative penalty scheme added by this Bill to the Act.

CLAUSE 4: [Ecological Reserve Act, sections 6.1 to 6.5 and 7.01] establishes an administrative penalty scheme within the Act that does all of the following:

provides for the appointment of a director and the delegation of specified powers and duties to a director;
authorizes the imposition of an administrative penalty in specified circumstances;
provides for the payment of administrative penalties and requires revenue received by the government to be paid into the Park Enhancement Fund special account;
prevents a person from being prosecuted for an offence under the Act if the person is subject to an administrative penalty for the same contravention;
ensures that specified persons who authorize, permit or acquiesce in a contravention or failure by a corporation are also liable for an administrative penalty;
authorizes agreements that may, on terms and conditions, reduce or cancel an administrative penalty;
provides for the recovery of an administrative penalty, as a debt due to the government, by filing a certificate in court, and specifies the effect of such a certificate;
provides for the appeal of specified decisions to the Environmental Appeal Board established under the Environmental Management Act and applies provisions of that Act in relation to the appeal;
authorizes the Lieutenant Governor in Council to make regulations related to the administrative penalty scheme added by this Bill to the Act.

Designation and delegation by minister

6.1 (1) The minister may designate as a director a person appointed under the Public Service Act.

(2) The minister may delegate to a director designated under subsection (1) any of the minister's powers or duties under sections 6.2 to 6.4.

Administrative penalties

6.2 (1) After providing a person with an opportunity to be heard, the minister may, in accordance with the regulations, impose an administrative penalty on the person if the minister is satisfied on a balance of probabilities that the person has

(b) failed to comply with a term or condition of a permit issued under this Act.

(2) An administrative penalty imposed under this section must be paid to the government within the prescribed time and in accordance with any other prescribed requirements.

(3) If, under this section, the minister imposes an administrative penalty on a person, a prosecution for an offence under this Act in respect of the same contravention may not be brought against the person.

(4) If a corporation contravenes a prescribed provision of the regulations or fails to comply with a term or condition of a permit, as described in subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention or failure is liable for an administrative penalty under this section even if the corporation is liable for or pays an administrative penalty.

(5) All revenue the government derives from administrative penalties imposed under this section must be paid into the Park Enhancement Fund special account established by section 9.6 (2) of the Special Accounts Appropriation and Control Act.

Compliance agreements

6.3 (1) Before the date an administrative penalty under section 6.2 is due, the minister may, in accordance with the regulations, enter into an agreement with the person who is liable for the administrative penalty.

(2) An agreement under subsection (1) may provide, in accordance with the regulations, for the reduction or cancellation of the administrative penalty subject to the terms and conditions the minister considers necessary or desirable.

(3) An agreement under subsection (1) must specify the time for performing any terms and conditions and, if the person fails to perform the terms and conditions by the date specified, the administrative penalty imposed under section 6.2 is due and payable on that date.

Recovery of administrative penalties

6.4 (1) An administrative penalty under section 6.2 may be recovered as a debt due to the government.

(2) If a person fails to pay an administrative penalty as required under section 6.2, the minister may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

(3) A certificate under subsection (2) must be signed by the minister and must contain the following information:

Appeals in relation to administrative penalties

6.5 (1) In this section, "appeal board" means the Environmental Appeal Board continued under section 93 of the Environmental Management Act.

(2) A person who is liable for an administrative penalty under section 6.2 may appeal the following decisions under this Act to the appeal board:

(a) a decision of the minister, under section 6.2 (1), to impose the administrative penalty on the person;

(b) a decision of the minister, under section 6.3 (3), that the person failed to perform a term or condition of an agreement under section 6.3 (1).

(3) The following provisions of the Environmental Management Act apply in relation to an appeal under this section:

Regulations in relation to administrative penalties

7.01 Without limiting section 7, the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing provisions of the regulations in relation to the contravention of which an administrative penalty may be imposed;

(b) prescribing, in relation to a contravention or failure referred to in section 6.2 (1) [administrative penalties], whether an administrative penalty must be cancelled if the person on whom it was imposed demonstrates to the satisfaction of the minister that the person exercised due diligence to prevent the specified contravention or failure;

(c) prescribing a limitation period for imposing an administrative penalty and evidentiary matters in relation to that period;

(d) establishing procedures to be applied by the minister in relation to the imposition of an administrative penalty;

(e) establishing procedures for providing an opportunity to be heard, including procedures for opportunities that do not involve an oral hearing;

(f) prescribing a schedule of administrative penalties that may be imposed and the matters that must be considered by the minister in establishing an administrative penalty in a particular case;

(g) establishing the required content of notices related to administrative penalties;

(h) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures;

(i) respecting time limits, and the manner and process, for paying administrative penalties;

(j) prescribing the consequences for failing to pay an administrative penalty, which may include, but are not limited to, imposing additional administrative penalties under section 6.2;

(k) providing for the publication of information respecting the imposition of an administrative penalty;

CLAUSE 5: [Ecological Reserve Act, section 7.1] prevents a person who is charged with an offence under the Act from being subject to an administrative penalty in respect of the same circumstances.

(4) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.

CLAUSE 6: [Park Act, sections 27.1 to 27.4] establishes an administrative penalty scheme within the Act that does all of the following:

authorizes the imposition of an administrative penalty in specified circumstances;
provides for the payment of administrative penalties and requires revenue received by the government to be paid into the Park Enhancement Fund special account;
prevents a person from being prosecuted for an offence under the Act if the person is subject to an administrative penalty for the same contravention;
ensures that specified persons who authorize, permit or acquiesce in a contravention or failure by a corporation are also liable for an administrative penalty;
authorizes agreements that may, on terms and conditions, reduce or cancel an administrative penalty;
provides for the recovery of an administrative penalty, as a debt due to the government, by filing a certificate in court, and specifies the effect of such a certificate;
provides for the appeal of specified decisions to the Environmental Appeal Board established under the Environmental Management Act and applies provisions of that Act in relation to the appeal.

6 The Park Act, R.S.B.C. 1996, c. 344, is amended by adding the following sections:

Administrative penalties

27.1 (1) After providing a person with an opportunity to be heard, the minister may, in accordance with the regulations, impose an administrative penalty on the person if the minister is satisfied, on a balance of probabilities, that the person has

(b) failed to comply with a term or condition of a permit issued under this Act, other than a permit issued by a park board, or

(2) An administrative penalty imposed under this section must be paid to the government within the prescribed time and in accordance with any other prescribed requirements.

(4) If a corporation contravenes a prescribed provision of the regulations or fails to comply with a term or condition of a permit or with an order, as described in subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention or failure is liable for an administrative penalty under this section even if the corporation is liable for or pays an administrative penalty.

Compliance agreements

27.2 (1) Before the date an administrative penalty under section 27.1 is due, the minister may, in accordance with the regulations, enter into an agreement with the person who is liable for the administrative penalty.

Recovery of administrative penalties

27.3 (1) An administrative penalty under section 27.1 may be recovered as a debt due to the government.

(2) If a person fails to pay an administrative penalty as required under section 27.1, the minister may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

(3) A certificate under subsection (2) must be signed by the minister and must contain the following information:

Appeals in relation to administrative penalties

27.4 (1) In this section, "appeal board" means the Environmental Appeal Board continued under section 93 of the Environmental Management Act.

(2) A person who is liable for an administrative penalty under section 27.1 may appeal the following decisions under this Act to the appeal board:

(a) a decision of the minister, under section 27.1 (1), to impose the administrative penalty on the person;

(b) a decision of the minister, under section 27.2 (3), that the person failed to perform a term or condition of an agreement under section 27.2 (1).

(3) The following provisions of the Environmental Management Act apply in relation to an appeal under this section:

CLAUSE 7: [Park Act, section 28] prevents a person from being subjected to an administrative penalty if the person has been charged with an offence in respect of the same circumstances.

(4.1) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.

CLAUSE 8: [Park Act, section 29.01] authorizes the Lieutenant Governor in Council to make regulations related to the administrative penalty scheme added by this Bill to the Act.

Regulations in relation to administrative penalties

29.01 Without limiting section 29, the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing provisions of the regulations in relation to the contravention of which an administrative penalty may be imposed;

(b) prescribing, in relation to a contravention or failure referred to in section 27.1 (1) [administrative penalties], whether an administrative penalty must be cancelled if the person on whom it was imposed demonstrates to the satisfaction of the minister that the person exercised due diligence to prevent the specified contravention or failure;

(c) prescribing a limitation period for imposing an administrative penalty and evidentiary matters in relation to that period;

(d) establishing procedures to be applied by the minister in relation to the imposition of an administrative penalty;

(e) establishing procedures for providing an opportunity to be heard, including procedures for opportunities that do not involve an oral hearing;

(f) prescribing a schedule of administrative penalties that may be imposed and the matters that must be considered by the minister in establishing an administrative penalty in a particular case;

(g) establishing the required content of notices related to administrative penalties;

(h) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures;

(i) respecting time limits, and the manner and process, for paying administrative penalties;

(j) prescribing the consequences for failing to pay an administrative penalty, which may include, but are not limited to, imposing additional administrative penalties under section 27.1;

(k) providing for the publication of information respecting the imposition of an administrative penalty;

CLAUSE 9: [Protected Areas of British Columbia Act, Schedule E] amends the description of Thorsen Creek Conservancy and changes the size of the conservancy consequential to the amendments.

9 Schedule E of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended in the description of Thorsen Creek Conservancy

(a) by striking out "Plan 11 Tube 1967" and substituting "Plan 3 Tube 2025", and

CLAUSE 10: [Special Accounts Appropriation and Control Act, section 9.6]

provides for the payment into the Park Enhancement Fund special account money received from the imposition of administrative penalties under specified sections of the Ecological Reserve Act and the Park Act;
specifies circumstances in which amounts received in relation to these administrative penalties may be paid out of the Park Enhancement Fund special account;
sets limits on the amounts that may be paid out in the specified circumstances.

10 Section 9.6 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended

(a.1) money received by the minister as payment of an administrative penalty imposed under section 6.2 of the Ecological Reserve Act or section 27.1 of the Park Act; ,

(h) subject to subsection (7), defraying the costs of investigating and remedying contraventions and failures in relation to which an administrative penalty may be imposed under section 6.2 of the Ecological Reserve Act or section 27.1 of the Park Act. , and

(7) An amount paid under subsection (4) (h) must not exceed the amount in the special account that is attributable to administrative penalties imposed under section 6.2 of the Ecological Reserve Act and section 27.1 of the Park Act.

CLAUSE 11: [Hospital Act, section 46] updates a reference.

11 Section 46 (4.1) (d) of the Hospital Act, R.S.B.C. 1996, c. 200, is amended by striking out "British Columbia Medical Association" and substituting "Association of Doctors of BC".

CLAUSE 12: [Medicare Protection Act, sections 3 and 6] updates a reference.

12 Sections 3 (1) (a) and (b) and 6 (1) (a) of the Medicare Protection Act, R.S.B.C. 1996, c. 286, are amended by striking out "British Columbia Medical Association" and substituting "Association of Doctors of BC".

CLAUSE 13: [Local Government Act, section 647.1]

requires a municipal collector to give notice 60 days before the date of an annual tax sale to each registered owner of the fee simple of a property subject to tax sale and to each registered owner of a charge on the property;
requires that the tax sale notice include specified information;
provides for the substituted service of a tax sale notice;
requires the collector to keep a copy of each tax sale notice.

13 The Local Government Act, R.S.B.C. 2015, c. 1, is amended by adding the following section:

Owners must be given notice before tax sale

647.1 (1) At least 60 days before the date of the annual tax sale, the collector must, in relation to any property subject to tax sale, give written notice, either by serving the notice or by sending it by registered mail, to persons registered in the land title office as

(b) the legal description and street address, if any, of the property subject to tax sale;

(c) the amount of all taxes owing to the municipality on the property and the amount of interest to the date of the annual tax sale;

(e) a statement that, if the amounts referred to in section 649 (1) (a) and (b) [upset price for tax sale] are not paid before the annual tax sale, the collector will offer the property for sale by public auction at the time and place stated in the notice;

(f) a statement that, if the property is sold at the annual tax sale, a right of redemption will remain in the owner or holder of the charge until the end of the redemption period.

(3) On application, the Supreme Court may order that a notice under subsection (1) may be served by substituted service in accordance with the order.

CLAUSE 14: [Local Government Act, section 657] adds a reference to annual tax sale notices consequential to amendments made by this Bill to the Act.

14 Section 657 (3) is amended by adding "and section 647.1 [owners must be given notice before tax sale]" after "set out in subsection (1)".

CLAUSE 15: [Local Government Act, section 666] provides that a registered owner may bring an action to have a tax sale of property set aside if the tax sale notice required under section 647.1, as added by this Bill to the Act, was not given.

15 Section 666 (2) (c) is amended by striking out "section 657 [notice of tax sale and redemption period]" and substituting "section 647.1 [owners must be given notice before tax sale] or 657 [owners must be given notice of tax sale and redemption period]".

CLAUSE 16: [Insurance Corporation Act, section 57] makes a housekeeping amendment.

16 Section 57 (2) (a) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out "Judicial Review and Procedure Act" and substituting "Judicial Review Procedure Act".

Commencement

17 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:

Explanatory Notes