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

Community Charter

1 The Community Charter, S.B.C. 2003, c. 26, is amended by adding the following Division to Part 4:

Division 6.2 – Parental Leave

Definitions

109.4 In this Division:

"actual placement date", in relation to an adoption, means the date a child or children are placed with a council member;

"expected placement date", in relation to an adoption, means the date a child or children are expected to be placed with a council member;

"parental leave" means a leave of absence by a council member in relation to

(a) the birth of a child or children of the council member, or

(b) the adoption of a child or children by the council member.

Parental leave

109.5 (1) A council member is entitled to up to 26 consecutive weeks of parental leave, which must be taken during the period that

(a) begins, as applicable,

(i) subject to subsection (2), no earlier than 4 weeks before the expected birth date or the expected placement date, and

(ii) no later than 26 weeks after the actual birth date or the actual placement date, and

(b) ends no later than the earlier of the following:

(i) 26 weeks after the leave begins;

(ii) the end of the term of office for the council member.

(2) If the birth of the child or children occurs earlier than 4 weeks before the expected birth date, or the child or children are placed with the council member earlier than 4 weeks before the expected placement date, the period during which the council member may begin parental leave

(a) begins on the actual birth date or the actual placement date, and

(b) ends no later than 26 weeks after the actual birth date or the actual placement date.

(3) While on parental leave, the council member

(a) continues to hold office but must not exercise a power or carry out a duty as a council member, and

(b) is entitled to remuneration and benefits to which the member would be entitled as a council member if the member were not on parental leave.

(4) A power exercised or a duty carried out by a council member who is on parental leave under this section is not invalid by reason only that it was exercised or carried out in contravention of subsection (3) (a).

(5) A council member who is entitled to parental leave under this section must, within a reasonable time, provide to the council, or a person designated by the council, prescribed documents or information, if any, respecting the parental leave.

2 Section 125 (7) is amended by adding the following paragraph:

(a.1) because the council member is on parental leave under section 109.5 [parental leave], .

3 Section 129 is amended

(a) by adding the following subsection:

(0.1) In this section, "temporary leave of absence" means any of the following:

(a) an absence because of illness or injury;

(b) an absence with leave of the council;

(c) a leave of absence under section 109.3 [mandatory leave of absence];

(d) parental leave under section 109.5 [parental leave]. ,

(b) in subsection (7) by striking out "as a result of section 109.3 [mandatory leave of absence]" and substituting "as a result of a temporary leave of absence", and

(c) in subsection (7) (b) by striking out "a leave of absence under section 109.3" and substituting "a temporary leave of absence".

4 Section 282 (2) is amended by adding the following paragraph:

(e.1) for the purposes of section 109.5 (5) [parental leave], prescribing documents or information respecting parental leave, including respecting the date that the parental leave begins or ends and how a council member must provide notification of parental leave; .

Islands Trust Act

5 Section 6 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended

(a) by adding the following subsection:

(0.1) In this section, "temporary leave of absence" means any of the following:

(a) an absence because of illness or injury;

(b) an absence with leave of the council;

(c) a leave of absence under section 109.3 [mandatory leave of absence] of the Community Charter as that section applies for the purposes of this Act;

(d) parental leave under Division 6.2 [Parental Leave] of Part 4 [Public Participation and Council Accountability] of the Community Charter as that Division applies for the purposes of this Act. ,

(b) in subsection (7) by adding the following paragraph:

(a.2) Division 6.2 of Part 4; ,

(c) in subsection (7.1) by striking out "section 109.3 [mandatory leave of absence] of the Community Charter as it applies for the purposes of this Act," and substituting "a temporary leave of absence,", and

(d) in subsection (7.1) (b) by striking out "a leave of absence under section 109.3" and substituting "a temporary leave of absence".

Local Government Act

6 Section 204 (2) of the Local Government Act, R.S.B.C. 2015, c. 1, is amended by adding the following paragraph:

(a.1) the member is on parental leave under section 109.5 [parental leave] of the Community Charter, .

7 Section 205 (1) is amended by adding the following paragraph:

(a.2) Division 6.2 [Parental Leave] of Part 4; .

The Cultus Lake Park Act

8 Section 8 (a) of The Cultus Lake Park Act, S.B.C. 1932, c. 63, is amended

(a) by adding "doing one of the following:" after "without the member",

(b) in subparagraph (i) by striking out ", or", and

(c) by adding the following subparagraph:

(i.1) taking parental leave under section 20.02 [parental leave]; .

9 The following section is added:

Parental leave

20.02 (1) Division 6.2 [Parental Leave] of Part 4 [Public Participation and Council Accountability] of the Community Charter, as it applies to a council member, applies to a member of the board.

(2) In applying Division 6.2 of Part 4 of the Community Charter,

(a) a reference to "council" must be read as a reference to "board" as defined in this Act, and

(b) a reference to "member" or "council member" must be read as a reference to "board member".

Vancouver Charter

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

"parental leave" means a leave of absence by a Council member in relation to

(a) the birth of a child or children of the Council member, or

(b) the adoption of a child or children by the Council member; .

11 Section 137 is amended

(a) by adding the following subsection:

(0.1) In this section, "temporary leave of absence" means any of the following:

(a) an absence because of illness or injury;

(b) an absence with leave of the Council;

(c) a leave of absence under section 145.98 [mandatory leave of absence];

(d) parental leave under section 145.99 [parental leave]. ,

(b) in subsection (5) by striking out "as a result of section 145.98" and substituting "as a result of a temporary leave of absence", and

(c) in subsection (5) (b) by striking out "a leave of absence under section 145.98" and substituting "a temporary leave of absence".

12 Section 143 (6) is amended by adding the following paragraph:

(a.1) the Council member is on parental leave under section 145.99 [parental leave], .

13 The following sections are added:

Parental leave

145.99 (1) In this section:

"actual placement date", in relation to an adoption, means the date a child or children are placed with a Council member;

"expected placement date", in relation to an adoption, means the date a child or children are expected to be placed with a Council member.

(2) A Council member is entitled to up to 26 consecutive weeks of parental leave, which must be taken during the period that

(a) begins, as applicable,

(i) subject to subsection (3), no earlier than 4 weeks before the expected birth date or the expected placement date, and

(ii) no later than 26 weeks after the actual birth date or the actual placement date, and

(b) ends no later than the earlier of the following:

(i) 26 weeks after the leave begins;

(ii) the end of the term of office for the Council member.

(3) If the birth of the child or children occurs earlier than 4 weeks before the expected birth date, or the child or children are placed with the Council member earlier than 4 weeks before the expected placement date, the period during which the Council member may begin parental leave

(a) begins on the actual birth date or the actual placement date, and

(b) ends no later than 26 weeks after the actual birth date or the actual placement date.

(4) While on parental leave, the Council member

(a) continues to hold office but must not exercise a power or carry out a duty as a Council member, and

(b) is entitled to remuneration and benefits to which the member would be entitled as a Council member if the member were not on parental leave.

(5) A power exercised or a duty carried out by a Council member who is on parental leave under this section is not invalid by reason only that it was exercised or carried out in contravention of subsection (4) (a).

(6) A Council member who is entitled to parental leave under this section must, within a reasonable time, provide to the Council, or a person designated by the Council, prescribed documents or information, if any, respecting parental leave.

Regulations respecting parental leave

145.991 The Lieutenant Governor in Council may, for the purposes of section 145.99, make regulations prescribing documents or information respecting parental leave, including respecting the date that the parental leave begins or ends and how a Council member must provide notification of parental leave.

14 Section 486A is amended

(a) by renumbering the section as section 486A (1),

(b) in subsection (1) by adding the following paragraph:

(f) section 145.99 [parental leave]. , and

(c) by adding the following subsection:

(2) Sections 145.93 [requirement to consider code of conduct] and 145.94 [reconsideration of decision respecting code of conduct] apply to the Board.

15 Section 486B is repealed.

Commencement

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

Explanatory Notes

CLAUSE 1: [Community Charter, Division 6.2 of Part 4] adds a definition of "parental leave" and provides that council members are entitled to 26 weeks of parental leave.

CLAUSE 2: [Community Charter, section 125] provides that a council member is not disqualified from holding office because the council member is on parental leave.

CLAUSE 3: [Community Charter, section 129] provides for how the minister may address a reduced quorum because a council member is on a temporary leave of absence, including parental leave.

CLAUSE 4: [Community Charter, section 282] adds a regulation-making power to prescribe documents or information respecting parental leave.

CLAUSE 5: [Islands Trust Act, section 6]

• applies provisions of the Community Charter to provide that trustees are entitled to 26 weeks of parental leave;
• provides for how the minister may address a reduced quorum because a trustee is on a temporary leave of absence, including parental leave.

CLAUSE 6: [Local Government Act, section 204] provides that a board member is not disqualified from holding office because the member is on parental leave.

CLAUSE 7: [Local Government Act, section 205] applies provisions of the Community Charter to provide that board members are entitled to 26 weeks of parental leave.

CLAUSE 8: [The Cultus Lake Park Act, section 8] provides that a board member is not disqualified from holding office because the member is on parental leave.

CLAUSE 9: [The Cultus Lake Park Act, section 20.02] applies provisions of the Community Charter to provide that board members are entitled to 26 weeks of parental leave.

CLAUSE 10: [Vancouver Charter, section 2] adds a definition of "parental leave".

CLAUSE 11: [Vancouver Charter, section 137] provides for how the minister may address a reduced quorum because a Council member is on a temporary leave of absence, including parental leave.

CLAUSE 12: [Vancouver Charter, section 143] provides that a Council member is not disqualified from holding office because the member is on parental leave.

CLAUSE 13: [Vancouver Charter, sections 145.99 and 145.991]

• provides that Council members are entitled to 26 weeks of parental leave;
• adds a regulation-making power to prescribe documents or information respecting parental leave.

CLAUSE 14: [Vancouver Charter, section 486A] applies parental leave provisions to the Vancouver Park Board.

CLAUSE 15: [Vancouver Charter, section 486B] is consequential to amendments made by clause 14 of this Bill to the Act.