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

Adoption Act

1 Section 74.1 of the Adoption Act, R.S.B.C. 1996, c. 5, is amended

(a) by adding the following definitions:

"director's duty" means a duty, responsibility or function given by law to a director other than a statutory power of decision under this Act;

"director's power" means a power or right given by law to a director other than a statutory power of decision under this Act;

"power or duty agreement" means an agreement entered into under section 6 of the Declaration on the Rights of Indigenous Peoples Act relating to one or both of the following:

(a) the exercise of a director's power, or the performance of a director's duty, jointly by an Indigenous governing body and a director;

(b) the consent of an Indigenous governing body before the exercise of a director's power or the performance of a director's duty; , and

(b) by repealing the definitions of "statutory power" and "statutory power agreement".

2 Section 74.2 is repealed and the following substituted:

Agreements in relation to the Declaration on the Rights of Indigenous Peoples Act

74.2 (1) For the purposes of this Act, the minister, on behalf of the government, may enter into a power or duty agreement with an Indigenous governing body.

(2) The minister must publish a copy of each power or duty agreement and any amendments to each agreement on a publicly accessible website maintained by or on behalf of the government.

(3) A single agreement may contain both a decision-making agreement and a power or duty agreement.

3 Section 74.3 is amended by striking out "statutory power agreement" and substituting "power or duty agreement".

4 Section 74.4 is repealed and the following substituted:

Effect of agreements

74.4 If a decision-making agreement or a power or duty agreement has been entered into,

(a) the statutory power of decision or the director's power or duty, as applicable, must be exercised or performed in accordance with the agreement,

(b) a reference under this Act to that statutory power of decision or that director's power or duty is to be read as a reference to the statutory power of decision or the director's power or duty as exercised or performed in accordance with the agreement, and

(c) the following terms of the agreement have the force of law:

(i) terms identifying the person who is exercising or performing, or providing consent in relation to, a statutory power of decision or a director's power or duty in accordance with an agreement;

(ii) terms relating to the criteria or procedures for the exercise or performance of, or consent in relation to, a statutory power of decision or a director's power or duty in accordance with an agreement.

Child, Family and Community Service Act

5 Section 89.1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended

(a) by adding the following definitions:

"director's duty" means a duty, responsibility or function given by law to a director other than a statutory power of decision under this Act;

"director's power" means a power or right given by law to a director other than a statutory power of decision under this Act;

"power or duty agreement" means an agreement entered into under section 6 of the Declaration on the Rights of Indigenous Peoples Act relating to one or both of the following:

(a) the exercise of a director's power, or the performance of a director's duty, jointly by an Indigenous governing body and a director;

(b) the consent of an Indigenous governing body before the exercise of a director's power or the performance of a director's duty; , and

(b) by repealing the definitions of "statutory power" and "statutory power agreement".

6 Section 89.2 is repealed and the following substituted:

Agreements in relation to the Declaration on the Rights of Indigenous Peoples Act

89.2 (1) For the purposes of this Act, the minister, on behalf of the government, may enter into a power or duty agreement with an Indigenous governing body.

(2) The minister must publish a copy of each power or duty agreement and any amendments to each agreement on a publicly accessible website maintained by or on behalf of the government.

(3) A single agreement may contain both a decision-making agreement and a power or duty agreement.

7 Section 89.3 is amended by striking out "statutory power agreement" and substituting "power or duty agreement".

8 Section 89.4 is repealed and the following substituted:

Effect of agreements

89.4 If a decision-making agreement or a power or duty agreement has been entered into,

(a) the statutory power of decision or the director's power or duty, as applicable, must be exercised or performed in accordance with the agreement,

(b) a reference under this Act to that statutory power of decision or that director's power or duty is to be read as a reference to the statutory power of decision or the director's power or duty as exercised or performed in accordance with the agreement, and

(c) the following terms of the agreement have the force of law:

(i) terms identifying the person who is exercising or performing, or providing consent in relation to, a statutory power of decision or a director's power or duty in accordance with an agreement;

(ii) terms relating to the criteria or procedures for the exercise or performance of, or consent in relation to, a statutory power of decision or a director's power or duty in accordance with an agreement.

9 The following section is added:

Appeals to Supreme Court and Court of Appeal from orders under Indigenous law

99.2 (1) This section applies if the Provincial Court has jurisdiction under section 99.1 in relation to a legal dispute arising under an Indigenous law.

(2) A party may appeal to the Supreme Court from an order of the Provincial Court made under an Indigenous law.

(3) Section 81 (2) to (8) applies in respect of an appeal under subsection (2) of this section.

(4) With leave of the Court of Appeal, a party may appeal to that court on a question of law from an order of the Supreme Court made by it on an appeal under subsection (2).

Commencement

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

Explanatory Notes

CLAUSE 1: [Adoption Act, section 74.1] adds and removes definitions related to the amendments made by this Bill.

CLAUSE 2: [Adoption Act, section 74.2]

• authorizes the minister to enter into power or duty agreements with an Indigenous governing body and requires the agreements and any amendments to be published;
• removes the requirement that the Lieutenant Governor in Council approve the agreements and requirements under the Declaration on the Rights of Indigenous Peoples Act.

CLAUSE 3: [Adoption Act, section 74.3] is consequential to the amendments made by this Bill to the Act.

CLAUSE 4: [Adoption Act, section 74.4] is consequential to the amendments made by this Bill to the Act.

CLAUSE 5: [Child, Family and Community Service Act, section 89.1] adds and removes definitions related to the amendments made by this Bill.

CLAUSE 6: [Child, Family and Community Service Act, section 89.2]

• authorizes the minister to enter into power or duty agreements with an Indigenous governing body and requires the agreements and any amendments to be published;
• removes the requirement that the Lieutenant Governor in Council approve the agreements and requirements under the Declaration on the Rights of Indigenous Peoples Act.

CLAUSE 7: [Child, Family and Community Service Act, section 89.3] is consequential to the amendments made by this Bill to the Act.

CLAUSE 8: [Child, Family and Community Service Act, section 89.4] is consequential to the amendments made by this Bill to the Act.

CLAUSE 9: [Child, Family and Community Service Act, section 99.2] provides for further appeals to the Supreme Court and Court of Appeal if the Provincial Court has jurisdiction in relation to a legal dispute arising under an Indigenous law.