Bill 21 – 2025: Attorney General Statutes Amendment Act (No. 2), 2025

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

CLAUSE 1: [Insurance (Vehicle) Act, sections 14.1, 14.2 and 14.3] is consequential to Part 5.1, as added by this Bill to the Act.

1 Sections 14.1 (2), 14.2 and 14.3 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, are repealed.

CLAUSE 2: [Insurance (Vehicle) Act, Part 5.1]

imposes a retroactive tax on applicants to whom certificates or policies are issued during the relevant period;
requires that reimbursements paid by the corporation to the government during the relevant period be applied against the tax and extinguishes any liability of an applicant or the corporation in relation to the requirement to pay, collect or remit any remaining tax;
terminates reimbursement agreements and provides that the corporation may not reimburse the government in relation to the costs of health-related services.

Definitions

"agreement" means an agreement between the corporation and the government, whether in written form or not, entered into in or after 1973 including, but not limited to, the following:

(a) the agreement dated January 21, 1988 entered into by the corporation and British Columbia, as represented by the Minister of Health;

(b) the agreement dated April 1, 1994 entered into by the corporation and British Columbia, as represented by the Minister of Health;

"certificate", if issued under a predecessor Act, has the meaning set out in the predecessor Act;

"costs of health-related services" means costs of health-related services arising from bodily injury or death arising out of an accident;

"policy" means a policy, as defined in section 1 (1), issued by the corporation;

"relevant period" means the period starting on April 18, 1973, and ending on the date this section comes into force.

Retroactive tax

94.2 (1) For the purpose of raising revenue for provincial purposes, an applicant to whom a certificate or policy is issued during the relevant period must pay to the government a tax equal to the total amount payable for the certificate or policy.

(2) The tax imposed under subsection (1) is payable at the time the certificate or policy is issued to the applicant.

Reimbursements applied against tax

94.3 (1) In this section, "reimbursements" means amounts or payments described in section 14.2 or 14.3, as those sections read before their repeal by the Attorney General Statutes Amendment Act (No. 2), 2025.

(2) The reimbursements paid to the government during the relevant period must be applied against the tax required to be paid, collected and remitted under section 94.2.

(3) In respect of the tax remaining unpaid after the reimbursements are applied by operation of subsection (2), any liability of an applicant or the corporation in relation to the requirement to pay, collect or remit the remaining tax is extinguished.

(4) For certainty, coverage provided by certificates and policies issued during the relevant period is not affected by this section.

Sections 94.1 to 94.3 retroactive

(a) are retroactive to the extent necessary to give them full force and effect on and after April 18, 1973, and

(b) must not be construed as lacking retroactive effect in relation to any matter because they make no specific reference to that matter.

Termination of reimbursements in relation to costs of health-related services

94.5 (1) All agreements under which the corporation reimburses the government in relation to the costs of health-related services are terminated.

(2) The corporation may not reimburse the government in relation to the costs of health-related services.

CLAUSE 3: [Public Guardian and Trustee Act, section 1]

replaces the definition of "young person" with the definition of "child";
adds the definitions of "Indigenous authority", "Indigenous child", "Indigenous child and family services", "Indigenous law" and "property guardian";
replaces the definition of "guardian" with an interpretation provision.

3 Section 1 of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended

"Indigenous authority" has the same meaning as in section 1 (1) of the Child, Family and Community Service Act;

"Indigenous child" has the same meaning as in section 1 (1) of the Child, Family and Community Service Act;

"Indigenous child and family services" has the same meaning as in section 1 (1) of the Child, Family and Community Service Act;

"Indigenous law" has the same meaning as in section 1 (1) of the Child, Family and Community Service Act;

"property guardian", in respect of a child, means the role of the Public Guardian and Trustee with respect to the management and protection of the child's legal and financial interests; ,

(2) For the purposes of sections 6.2, 17 and 18 of this Act, "guardian" has the same meaning as "committee" in section 1 (1) of the Patients Property Act.

CLAUSE 4: [Public Guardian and Trustee Act, heading to Division 1 of Part 2] adds a Division heading to Part 2.

CLAUSE 5: [Public Guardian and Trustee Act, heading to Division 2 of Part 2] adds a Division heading to Part 2.

CLAUSE 6: [Public Guardian and Trustee Act, sections 6.3 to 6.7]

provides for the best interests of the child to be considered by the Public Guardian and Trustee;
sets out the circumstances when the Public Guardian and Trustee has property guardianship;
authorizes the Public Guardian and Trustee to enter into agreements with Indigenous authorities in relation to property guardianship;
provides for property guardianship in circumstances that were previously set out in provisions of the Infants Act that are repealed by this Bill, and provides for the power of the Supreme Court to make orders declaring whether the Public Guardian and Trustee is the property guardian of individual children;
sets out the powers, duties and functions of the Public Guardian and Trustee in relation to property guardianship.

Best interests of child

6.3 (1) When the Public Guardian and Trustee exercises the powers and performs the duties and functions as a child's property guardian, the Public Guardian and Trustee must consider the best interests of the child, including the following factors:

(b) the effect on the child's well-being, living arrangements and significant relationships that may arise from litigation or other proceedings in relation to the child, including resolving or settling matters or claiming benefits;

(2) If the child is an Indigenous child, in addition to the factors that the Public Guardian and Trustee must consider under subsection (1), the Public Guardian and Trustee must also consider the following factors:

Circumstances for property guardianship

6.4 The Public Guardian and Trustee is a child's property guardian in the following circumstances:

(a) when appointed by a court order, including a court order under section 58 of the Child, Family and Community Service Act;

(b) when appointed or otherwise authorized under an enactment, including the following:

(c) when property guardianship in respect of an Indigenous child results from an agreement entered into with an Indigenous authority

(i) to continue property guardianship under section 51.1 (2) of the Child, Family and Community Service Act, or

(d) when property guardianship in respect of a child results from the circumstances described in section 6.6 of this Act.

Property guardianship by agreement with Indigenous authority

6.5 (1) The Public Guardian and Trustee may, in circumstances other than those set out in section 51.1 of the Child, Family and Community Service Act, enter into an agreement with an Indigenous authority in relation to the Public Guardian and Trustee acting as property guardian for Indigenous children for whom the Indigenous authority has jurisdiction to provide, and is providing, Indigenous child and family services under Indigenous law.

(2) If the Public Guardian and Trustee has entered into an agreement with an Indigenous authority under subsection (1), the Public Guardian and Trustee is an Indigenous child's property guardian when, in accordance with the agreement, confirmation is provided in writing by the Public Guardian and Trustee and the Indigenous authority.

Property guardianship if no other guardian or if guardian is dead, refuses or is incompetent to act

6.6 (1) Unless otherwise ordered by the court under subsection (2), the Public Guardian and Trustee is a child's property guardian, as circumstances require, when a child has no other guardian responsible for legal and financial interests or if the guardian appointed for that purpose is dead, refuses or is incompetent at law to act.

(2) In the case of property guardianship described in subsection (1), if there is a dispute or any uncertainty as to whether the Public Guardian and Trustee is or is not the property guardian in respect of a child, the court may make an order declaring whether or not the Public Guardian and Trustee is the property guardian of the child on application by

(3) The fact that, in respect of a child, the Public Guardian and Trustee does not apply to the court for a declaration

(a) does not affect the authority of the Public Guardian and Trustee as the child's property guardian, and

(b) is not evidence that the Public Guardian and Trustee is not the child's property guardian.

Powers, duties and functions when property guardian for children

6.7 (1) When the Public Guardian and Trustee is a child's property guardian, the Public Guardian and Trustee has the powers, duties and functions under this Act and any other applicable enactment in respect of property guardianship.

(2) The powers, duties and functions of the Public Guardian and Trustee under subsection (1) include, with respect to a child,

(a) authority with respect to the following responsibilities listed as parental responsibilities in section 41 (k) of the Family Law Act:

(i) starting, defending, compromising or settling any proceeding relating to the child;

(ii) identifying, advancing and protecting the child's legal and financial interests, and

(b) to the extent necessary to facilitate the exercise of the responsibilities described in paragraph (a) (i) and (ii) of this subsection, the following responsibilities listed as parental responsibilities in section 41 (h), (i) and (j) of the Family Law Act:

(i) giving, refusing or withdrawing consent for the child, if consent is required;

(ii) receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;

(iii) requesting and receiving from third parties health, education or other information respecting the child.

(3) For certainty, this section does not affect the powers, duties or functions of a child's personal guardian.

CLAUSE 7: [Public Guardian and Trustee Act, section 7]

updates the scope of the trustee powers of the Public Guardian and Trustee to reflect the circumstances of property guardianship;
is consequential to the replacement of the definition of "young person" with the definition of "child".

(1) The Public Guardian and Trustee, when exercising the powers and performing the duties and functions as a child's property guardian, is a trustee of all property that comes into the control of, or is held by, the Public Guardian and Trustee on behalf of the child. , and

(b) in subsections (2) and (3) by striking out "young person" wherever it appears and substituting "child" and by striking out "young person's" wherever it appears and substituting "child's".

CLAUSE 8: [Public Guardian and Trustee Act, section 7.1] moves section 7.1 to section 8.2.

CLAUSE 9: [Public Guardian and Trustee Act, section 8] is consequential to the replacement of the definition of "young person" with the definition of "child".

9 Section 8 is amended by striking out "young person's" and substituting "child's".

CLAUSE 10: [Public Guardian and Trustee Act, section 8.1 to 8.7]

moves the authority as property guardian from the Infants Act to the new section 8.1 of the Act;
moves section 7.1 to section 8.2 and makes other amendments that are consequential to amendments made by this Bill to the Act;
provides for the disclosure of information to the Public Guardian and Trustee and the collection of information by the Public Guardian and Trustee;
provides for the evidence of the authority of the Public Guardian and Trustee as property guardian;
sets out the circumstances for termination of property guardianship;
provides for matters relating to property after the termination of property guardianship that are moved by this Bill from the Infants Act to the new sections 8.6 and 8.7 of the Act, with clarifications and modifications consequential to amendments made by this Bill to the Act.

Powers for maintenance and education

8.1 If the Public Guardian and Trustee is the property guardian of a child, the Public Guardian and Trustee may, for any money or other property of the child held by the Public Guardian and Trustee or to the Public Guardian and Trustee's account, exercise for the benefit of the child the powers conferred on trustees by section 24 of the Trustee Act and, without obtaining leave of the court, by section 25 of that Act.

Use of trust money

8.2 If the Public Guardian and Trustee is acting as trustee under section 6 (b) (v) for a person who has not yet reached 27 years of age and in respect of whom the Public Guardian and Trustee was property guardian when the person reached 19 years of age, the Public Guardian and Trustee may, during the term of the trusteeship, authorize payment of all or part of the trust money for the maintenance, education or benefit of that person.

Disclosure and collection of information

8.3 (1) Any person or public body may disclose information in the custody or control of the person or public body to the Public Guardian and Trustee that is necessary to enable the Public Guardian and Trustee

(a) to exercise the powers and perform the duties and functions as a child's property guardian, or

(b) to assess whether the circumstances for property guardianship referred to in section 6.6 are present.

(2) The Public Guardian and Trustee may collect information from any person or public body that the Public Guardian and Trustee considers necessary

(a) to facilitate the exercise of the powers and performance of the duties and functions as a child's property guardian in all circumstances in which property guardianship arises, or

(b) to assess whether the circumstances for property guardianship referred to in section 6.6 are present.

Evidence of authority

8.4 (1) If the authority of the Public Guardian and Trustee as a child's property guardian arises from a source other than an appointment by court order, a letter signed by an authorized signatory of the Public Guardian and Trustee indicating that the Public Guardian and Trustee is the child's property guardian is conclusive proof of the Public Guardian and Trustee's authority in respect of a child's property guardianship.

(2) The source of the authority for the property guardianship must be specified in a letter under subsection (1).

(3) For certainty, if an appointment by court order is the source of the authority of the Public Guardian and Trustee as a child's property guardian, the court order is evidence of that authority.

When property guardianship terminates

8.5 Property guardianship in respect of a child terminates on the earliest of the following, as applicable:

(b) when a court order declares that the Public Guardian and Trustee is not the property guardian of the child;

(d) in accordance with any terms or conditions that provide for termination of property guardianship in an agreement

(i) to continue property guardianship under section 51.1 (2) of the Child, Family and Community Service Act, or

Payment or transfer of property after termination before child reaches age of majority

8.6 On termination of a child's property guardianship before the child reaches 19 years of age, the Public Guardian and Trustee, after deducting any fees, commissions or other amounts payable, must pass the Public Guardian and Trustee's accounts under the Supreme Court Civil Rules.

Payment or transfer of property after termination when child reaches age of majority

"individual" means an individual who is under property guardianship when the individual reaches 19 years of age;

(a) in the case that the individual has entered into an agreement as described in subsection (3), the earlier of the following dates:

(2) Subject to this section, if the Public Guardian and Trustee is the property guardian of the individual when the individual reaches 19 years of age, the Public Guardian and Trustee, after deducting any fees, commissions or other amounts payable and settling the claims and liability of the property arising or accruing due before the relevant date, must

(a) pay or transfer to the individual the individual's property on receiving a release from the individual, or

(b) if the individual requests, pass the Public Guardian and Trustee's accounts as a guardian under the Supreme Court Civil Rules.

(3) If the individual enters into an agreement with the Public Guardian and Trustee under section 6 (b) (v), subsection (2) of this section does not apply until the earlier of the following dates:

CLAUSE 11: [Public Guardian and Trustee Act, heading to Division 3 of Part 2] adds a Division heading to Part 2.

CLAUSE 12: [Public Guardian and Trustee Act, sections 17 to 19] is consequential to the replacement of the definition of "young person" with the definition of "child".

12 Sections 17 (1) and (4), 18 (2) (a) (ii) and 19 (2) are amended by striking out "young person" wherever it appears and substituting "child".

Consequential Amendments

CLAUSE 13: [Adoption Act, section 3.2] is consequential to the repeal of section 51 of the Infants Act by this Bill.

13 Section 3.2 of the Adoption Act, R.S.B.C. 1996, c. 5, is repealed and the following substituted:

Self-government principle

3.2 This Act, to the extent the provisions of this Act relate to the adoption of Indigenous children who are in the continuing custody of a director of child protection, must be interpreted and administered in accordance with the principle that Indigenous peoples have an inherent right of self-government, including self-determination, that is recognized and affirmed by section 35 of the Constitution Act, 1982 and by the United Nations Declaration on the Rights of Indigenous Peoples.

CLAUSE 14: [Adoption Act, section 4] is consequential to the repeal of section 51 of the Infants Act by this Bill.

(2) In addition to the authority under subsection (1) (a), a director may, at the request of a director of child protection, place a child for adoption with the person or persons selected by the director of child protection, if the child is in the continuing custody of the director of child protection.

CLAUSE 15: [Adoption Act, section 7] is consequential to the repeal of section 51 of the Infants Act by this Bill.

(2) Subsection (1) does not apply in relation to an Indigenous child who is in the continuing custody of a director of child protection.

CLAUSE 16: [Adoption Act, section 13] is consequential to the repeal of section 51 of the Infants Act by this Bill.

16 Section 13 (3) is amended by striking out "or a director of child protection is the child's personal guardian under section 51 of the Infants Act,".

CLAUSE 17: [Child, Family and Community Service Act, section 50.1] is consequential to the repeal of section 51 of the Infants Act by this Bill

17 Section 50.1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended

(1) Subject to section 50.06, a director may request a director of adoption to place a child for adoption if the child is in the continuing custody of the director. , and

(b) in subsection (2) by striking out "subsection (1) (a)" and substituting "subsection (1)".

CLAUSE 18: [Child, Family and Community Service Act, section 51] makes consequential changes to cross-references.

18 Section 51 is amended by striking out "given by section 7 of the Public Guardian and Trustee Act and sections 12, 14 and 16 of the Infants Act" and substituting "under Division 2 of Part 2 of the Public Guardian and Trustee Act and section 14 of the Infants Act".

CLAUSE 19: [Child, Family and Community Service Act, section 51.1] is consequential to amendments relating to property guardianship made by this Bill to the Act and the Public Guardian and Trustee Act.

CLAUSE 20: [Child, Family and Community Service Act, section 79]

is consequential to the amendment made by this Bill of the Public Guardian and Trustee Act and provides for disclosure of information to the Public Guardian and Trustee;
is consequential to the repeal of section 51 of the Infants Act by this Bill.

(i) to perform duties and exercise powers as a child's property guardian under this Act or in other circumstances referred to in section 6.4 of the Public Guardian and Trustee Act, or

(ii) to assess whether the circumstances for property guardianship referred to in section 6.6 of the Public Guardian and Trustee Act are present, , and

(h.2) made to a director of adoption to facilitate the adoption of a child if the child is in the continuing custody of a director, .

CLAUSE 21: [Court Rules Act, section 1] adds a cross-reference that is consequential to moving provisions relating to property guardianship from the Infants Act to the Public Guardian and Trustee Act.

21 Section 1 (2) (f) of the Court Rules Act, R.S.B.C. 1996, c. 80, is amended by adding "the Public Guardian and Trustee Act," after "the Power of Attorney Act,".

CLAUSE 22: [Independent School Act, section 1] is consequential to the repeal of section 51 of the Infants Act by this Bill.

22 Section 1 (1) of the Independent School Act, R.S.B.C. 1996, c. 216, is amended by repealing the definition of "guardian" and substituting the following:

CLAUSE 23: [Infants Act, sections 12, 16 and 51] is consequential to the amendment made by this Bill of the Public Guardian and Trustee Act and the Child, Family and Community Service Act.

23 Sections 12, 16 and 51 of the Infants Act, R.S.B.C. 1996, c. 223, are repealed.

CLAUSE 24: [School Act, section 1] is consequential to the repeal of section 51 of the Infants Act by this Bill.

24 Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended by repealing the definition of "guardian" and substituting the following:

Commencement

25 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