Bill 24 – 2023: Miscellaneous Statutes Amendment Act (No. 2), 2023

HONOURABLE NIKI SHARMA
ATTORNEY GENERAL

BILL 24 – 2023

MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2023

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

CLAUSE 1: [Child, Family and Community Service Act, section 1] adds a definition of "specified adult".

1 Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended by adding the following definition:

"specified adult" means a person 19 years of age or over for whom any of the following services were provided while the person was a child:

CLAUSE 2: [Child, Family and Community Service Act, section 3] adds principles to govern the provision of services to specified adults.

(i) using an approach that is strengths-based, trauma-informed and led by the specified adult and, in the case of an Indigenous specified adult, supports cultural continuity and a connection to the land, and

(ii) in a way that recognizes the importance of housing, mental health and lived experience and makes all reasonable efforts to connect specified adults to services.

CLAUSE 3: [Child, Family and Community Service Act, headings to Divisions 1 and 2 of Part 2.1] adds Division headings.

CLAUSE 4: [Child, Family and Community Service Act, section 12.3] expands the scope of agreements that may be made with specified adults.

Agreements with specified adults

12.3 (1) Subject to the regulations, a director may make a written agreement with a specified adult.

(b) support services or financial assistance, or both, to assist the specified adult

(ii) to participate in a program or activity that is prescribed by regulation, or

(iii) to meet other needs while receiving services or assistance described in subparagraph (i) or (ii).

CLAUSE 5: [Child, Family and Community Service Act, section 12.4] provides for agreements with former residential service providers to continue to provide housing to specified adults.

Agreements for the benefit of specified adults

12.4 (1) Subject to the regulations, a director may, for the benefit of a specified adult who needs assistance to secure appropriate housing or remain housed, make a written agreement with a person who

(a) provided residential services for the specified adult while the specified adult was a child, and

(a) may provide for payments to be made to the person described in subsection (1) in relation to the provision of housing for the specified adult, and

(b) must provide that the director may terminate the agreement if the director considers that the specified adult no longer needs assistance to secure appropriate housing and remain housed.

CLAUSE 6: [Child, Family and Community Service Act, section 103] is consequential to amendments made by this Bill to the Act.

(a) in paragraph (c) by striking out "agreements under sections 12.2 and 12.3" and substituting "agreements under section 12.2, 12.3 or 12.4",

(b) in paragraph (c.1) by striking out "agreements under section 12.3" and substituting "agreements under section 12.3 or 12.4", and

(c.2) prescribing programs, activities or classes of programs or activities for the purposes of section 12.3 (2) (b) (ii); .

CLAUSE 7: [Societies Act, section 31] makes housekeeping amendments.

(a) in paragraph (b) (i) and (iii) by striking out "3rd day" and substituting "third day", and

(b) in paragraph (b) (ii) by striking out "5th day" and substituting "fifth day".

CLAUSE 8: [Societies Act, section 229.2] adds and amends definitions in relation to regulations respecting records of student societies.

8 Section 229.2 (1) of the Societies Act, as enacted by section 62 of the Societies Amendment Act, 2021, S.B.C. 2021, c. 24, is amended

(a) in relation to a university, a person who is presently enrolled at the university in a credit course or who is designated by resolution of the senate as a student, and

(b) in relation to an institution, a person the registrar recognizes to be enrolled and in good standing in a course or program of studies at the institution; ,

(b) by repealing paragraph (b) of the definition of "student society" and substituting the following:

(b) in relation to a university, a society, as defined in section 1 of this Act, whose purpose is to represent the interests of the general undergraduate or graduate student body, or both, but does not include a provincial or national student organization; , and

CLAUSE 9: [Human Tissue Gift Act, sections 6 and 7] corrects a typographical error.

9 Sections 6 and 7 (2) of the Human Tissue Gift Act, R.S.B.C. 1996, c. 211, are amended by striking out "post mortem transplant" and substituting "post-mortem transplant".

CLAUSE 10: [Human Tissue Gift Act, section 7]

extends to nurse practitioners the authority to determine the fact of death, except in cases of deaths determined using neurological criteria;
removes an unnecessary reference to accepted practice.

(1) For a post-mortem transplant, the fact of death must be determined as follows:

(a) subject to paragraph (b), by at least 2 persons, each of whom must be a medical practitioner or nurse practitioner;

(b) if death is determined using neurological criteria, by at least 2 medical practitioners. ,

(b) in subsection (2) by adding "or nurse practitioner" after "medical practitioner" and by adding "or nurse practitioner's" after "medical practitioner's", and

CLAUSE 11: [Strata Property Act, section 123.1] prohibits age restriction bylaws other than bylaws requiring one or more residents of a strata lot to have reached a specified age that is not less than 55 years.

11 Section 123.1 (1) of the Strata Property Act, S.B.C. 1998, c. 43, is repealed and the following substituted:

(1) Except as permitted by subsection (2), a bylaw must not restrict the age of persons who may reside in a strata lot.

CLAUSE 12: [Employment Standards Act, section 3]

provides that, if provisions of a collective agreement respecting statutory holidays meet or exceed the requirements of Part 5 of the Act, those provisions only replace Part 5 in relation to statutory holidays other than the National Day for Truth and Reconciliation;
provides that the grievance procedure in a collective agreement applies to disputes respecting Part 5 of the Act, as that Part applies to the National Day for Truth and Reconciliation.

(2.1) Despite subsection (2), any provisions of a collective agreement respecting statutory holidays only replace the requirements of Part 5 of this Act as that Part applies to statutory holidays other than the National Day for Truth and Reconciliation. , and

section 3 (2.1) [collective agreement does not replace Part 5 in relation to National Day for Truth and Reconciliation];

Part 5 [Statutory Holidays], as that Part applies to the National Day for Truth and Reconciliation; .

CLAUSE 13: [Vancouver Charter, section 2] adds a definition of "fee".

13 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definition:

CLAUSE 14: [Vancouver Charter, section 161A] is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

CLAUSE 15: [Vancouver Charter, section 193D] updates the language in respect of fees.

15 Section 193D (3) (g) is amended by striking out "establish application fees" and substituting "establish and impose application fees".

CLAUSE 16: [Vancouver Charter, section 196A] is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

(3) On payment of the applicable fee, a person may obtain from the City Clerk copies or excerpts, as requested, of a report under subsection (1).

CLAUSE 17: [Vancouver Charter, sections 199.01 and 199.02]

adds a general authority for the city to make by-laws to establish and impose fees for services, the use of city property and the exercise of authority to regulate, prohibit or impose requirements;
provides that part of the general authority to make by-laws applies to by-laws made under provisions of the Act that specifically authorize the establishment and imposition of a fee;
requires the city to make available to the public, on request, a report respecting how a fee was determined.

City fees

199.01 (1) The Council may, by by-law, establish and impose a fee payable in respect of

(2) Without limiting subsection (1), a by-law under this section may do one or more of the following:

(a) apply outside the city, if the by-law is in relation to an authority that may be exercised outside the city;

(b) base the fee on any factor specified in the by-law and establish different rates or levels of fees in relation to different factors;

(d) establish terms and conditions for payment of a fee, including discounts, interest and penalties;

(3) For the purposes of a by-law under subsection (2) (b), the by-law may make different provisions for different areas, times, conditions or circumstances as described by by-law.

(4) As exceptions but subject to subsection (5), the Council may not establish or impose a fee under this section

(a) in relation to Part I [Electors and Elections] or II [Assent Voting], or

(b) in relation to any other matter for which this or another Act specifically authorizes the establishment or imposition of a fee.

(5) The Council may establish and impose a fee referred to in section 59 (3) [fees for providing disclosure records] of the Local Elections Campaign Financing Act under either that section or this section.

(6) The city must make available to the public, on request, a report respecting how a fee established and imposed under this section was determined.

(7) The Council may not establish or impose a toll on the use of streets unless specifically provided by a Provincial or federal enactment.

City fees – specific

199.02 (1) Subject to subsection (2), if a provision in this Act specifically authorizes the establishment and imposition of a fee, the Council may do in the by-law anything described in section 199.01 (2) and (3).

(2) Subsection (1) does not apply to by-laws made under sections 292 (1) (h) or (i), 300.1, 302, 565 (i), 565A (f) and 566 (2).

(3) The city must make available to the public, on request, a report respecting how a fee was determined that is established and imposed under a provision that specifically authorizes the establishment and imposition of a fee.

CLAUSE 18: [Vancouver Charter, section 272]

updates the language in respect of fees;
is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

(a) in paragraph (b) by striking out "for fixing the fee" and substituting "for establishing and imposing the fee",

(b) in paragraph (d) by striking out "and for fixing the fees to be taken for their use",

(d) in paragraph (l) by striking out "for fixing and" and substituting "for establishing and".

CLAUSE 19: [Vancouver Charter, section 279B]

updates the language in respect of fees;
is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

(b) in paragraph (f) by striking out "for fees to be paid" and substituting "for the establishing and imposing of fees to be paid".

CLAUSE 20: [Vancouver Charter, section 279C] updates the language in respect of fees.

20 Section 279C (1) (b) is amended by striking out "establish fees to be paid" and substituting "establish and impose fees to be paid".

CLAUSE 21: [Vancouver Charter, section 291] is consequential to the amendments made by this Bill to section 336 of the Act.

CLAUSE 22: [Vancouver Charter, section 292] updates the language in respect of fees.

(a) in paragraph (h) by striking out "establishing subdivision application fees" and substituting "establishing and imposing subdivision application fees", and

(b) in paragraph (i) by striking out "establishing fees" and substituting "establishing and imposing fees".

CLAUSE 23: [Vancouver Charter, section 300] is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

CLAUSE 24: [Vancouver Charter, section 302] is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

CLAUSE 25: [Vancouver Charter, section 306]

is consequential to the amendments made by this Bill to section 336 of the Act;
updates language.

Standards for dwellings

(ii) requiring the owners of dwellings to conform with the standards established under subparagraph (i),

(iii) prohibiting the use or occupancy of dwellings which do not conform with the standards established under subparagraph (i), and

(iv) providing that the city may take action under section 336 but not until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises; .

CLAUSE 26: [Vancouver Charter, section 308A] is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

CLAUSE 27: [Vancouver Charter, section 314] is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

27 Section 314 (1) (c) is amended by striking out ", and for fixing the fees to be charged therefor".

CLAUSE 28: [Vancouver Charter, section 317]

updates the language in respect of fees;
is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

(a) in paragraph (n) by striking out "for imposing" and substituting "for establishing and imposing",

CLAUSE 29: [Vancouver Charter, section 319] is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

CLAUSE 30: [Vancouver Charter, section 323]

is consequential to the amendments made by this Bill to section 336 of the Act;
updates language.

(b) in paragraph (m) by striking out ", and for providing that in default of such removal the city may, by its workers or others, enter and effect such removal at the cost of the person so defaulting", and

Brush and weeds to be cleared

(r) for requiring the owner or occupier of any parcel to clear the parcel of brush, trees, noxious weeds, or other growths;

Standard of maintenance

(i) requiring the owners or occupants of real property to maintain the property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood, and

(ii) providing that, in the case where the premises are not occupied by the owner of the property, the city may take action under section 336 but not until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises; .

CLAUSE 31: [Vancouver Charter, section 330] is consequential to the amendments made by this Bill to section 336 of the Act.

Remedy of inadequate utilities

(i) providing that if, in the opinion of the Medical Health Officer, any building used for dwelling purposes, other than a one-family dwelling, is being inadequately provided with heat, light, water, or similar utilities, the Medical Health Officer may cause a notice to be posted on the premises requiring the owner to remedy the inadequacy in the manner described in the notice, and

(A) the Medical Health Officer or any person authorized by the Medical Health Officer may enter on the premises and do all things that may be necessary to remedy the inadequacy, and

(B) the cost of remedying the inadequacy under subparagraph (ii) (A) may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of the cost in the real-property tax roll with respect to such premises.

CLAUSE 32: [Vancouver Charter, section 331] is consequential to the addition by this Bill of sections 199.01 and 199.02 to the Act.

CLAUSE 33: [Vancouver Charter, section 336] provides authority to the city to take action if a person fails to take action as required by the city, including to fulfill the requirement and to recover the costs for fulfilling the requirement.

City action at defaulter's expense

336. (1) The Council's authority under this or another Act to require that something be done includes the authority to direct that, if a person subject to the requirement fails to take the required action, the city may

(b) recover the costs incurred from that person as a debt due the city in any Court of competent jurisdiction.

(2) In respect of an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements, the city may

(a) if the person appears by the Collector's roll to be the owner, or owner under agreement, of a parcel of real property in respect of which the default occurs, and

direct that the amount of the expense be inserted in the real-property tax roll as a charge imposed with respect to such parcel.

(3) The Council may not exercise its authority under this section in relation to any other matter for which this or another Act specifically authorizes the city to take action at the defaulter's expense.

CLAUSE 34: [Vancouver Charter, section 399] updates language.

34 Section 399 is amended by striking out "clause (e) of section 272" and substituting "section 272 (1) (e)".

CLAUSE 35: [Vancouver Charter, section 488] updates language.

(a) in subsection (6) by striking out "shall be levied" and substituting "may be established and imposed", and

(b) in subsection (8) by striking out "imposed" and substituting "established and imposed".

CLAUSE 36: [Vancouver Charter, section 571A] corrects cross-references.

36 Section 571A (3) is amended by striking out "subsections (1) and (2) of section 324A" and substituting "sections 324A and 324B".

CLAUSE 37: [Motor Vehicle Act, section 1] adds a definition of "certificate of service" to indicate that the term includes an eCertificate of service.

37 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following definition:

"certificate of service" includes an eCertificate of service as described in section 82.2; .

CLAUSE 38: [Motor Vehicle Act, section 82.2] describes what an eCertificate of service is and how it can be used as evidence.

eCertificates of service

82.2 (1) For the purposes of this Act, an eCertificate of service is a type of certificate of service created as an electronic record to be used to prove personal service of one of the following notices:

(2) An eCertificate of service includes a printout or display that is produced from the electronic record of the certificate.

(3) A printout or display of the electronic record of an eCertificate of service containing a statement that it is an authentic printout or display produced from the electronic record is conclusive proof of that fact.

CLAUSE 39: [Motor Vehicle Act, section 90.3] requires specified documents to be sent to the Insurance Corporation of British Columbia and repeals a subsection requiring a specified form of report.

(8) If a peace officer serves a notice of licence suspension under subsection (2) (c) or (2.1) (c), the peace officer must promptly forward to the Insurance Corporation of British Columbia

(a) a certificate of service, showing that the notice of licence suspension was personally served on the person subject to the licence suspension, and

CLAUSE 40: [Motor Vehicle Act, section 90.4] specifies additional information to be included in a certificate provided by the Insurance Corporation of British Columbia.

40 Section 90.4 (3) is amended by striking out "or" at the end of paragraph (b) (ii) and by adding the following paragraph:

(b.1) contain a certificate of service referred to in section 90.3 (8) (a) showing that a notice of licence suspension under section 90.3 (2) (c) or (2.1) (c) was personally served on the person subject to the licence suspension, or .

CLAUSE 41: [Motor Vehicle Act, section 95] specifies additional information to be included in a certificate provided by the Insurance Corporation of British Columbia.

41 Section 95 (4) is amended by striking out "or" at the end of paragraph (b) (ii) and by repealing paragraph (c) and substituting the following:

(c) contain a certificate of service referred to in section 94.3 (a) (iii), 215 (10) (a), 215.47 (c) or 251 (3) (b) showing that a notice of driving prohibition under section 94.1 (1), 215 (2) (b) or (3) (b), 215.41 or 251 (1) (h), as applicable, was personally served on the person subject to the driving prohibition, or

(d) contain a certificate of service showing that notice of a driving prohibition under section 93 was personally served on the person subject to the driving prohibition.

CLAUSE 42: [Motor Vehicle Act, section 215] requires specified documents to be sent to the Insurance Corporation of British Columbia.

(10) If a peace officer serves a notice of driving prohibition under subsection (2) (b) or (3) (b), the peace officer must promptly forward to the Insurance Corporation of British Columbia

(a) a certificate of service, showing that the notice of driving prohibition was personally served on the person subject to the driving prohibition,

CLAUSE 43: [Community Living Authority Act, section 1] adds a definition.

43 Section 1 of the Community Living Authority Act, S.B.C. 2004, c. 60, is amended by adding the following definition:

"Indigenous peoples" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act; .

CLAUSE 44: [Community Living Authority Act, section 5] establishes minimum requirements for representation on the board.

(3.1) Subject to section 6 (2) (c), the board must include the following as directors:

(i) eligible to receive support and services referred to in paragraph (a) or (d) of the definition of "community living support", and

(ii) advocates for themselves and others with respect to that support and services;

(b) at least one individual who is a family member of an individual who is eligible to receive support and services referred to in paragraph (a) or (d) of the definition of "community living support";

CLAUSE 45: [Community Living Authority Act, section 5] requires the board to continue to have an Indigenous advisory committee composed of individuals who meet specified criteria.

(7) The board must continue to have an Indigenous advisory committee to advise the board, which committee is composed of individuals who are one or more of the following:

(a) an Indigenous person who is eligible to receive support and services referred to in paragraph (a) or (d) of the definition of "community living support";

(b) a family member of an Indigenous person who is eligible to receive support and services referred to in paragraph (a) or (d) of the definition of "community living support";

Commencement

46 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