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2001 Legislative Session: 5th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE JOY MacPHAIL

MINISTER OF EDUCATION

AND DEPUTY PREMIER

BILL 21 - 2001

ABORTION SERVICES STATUTES AMENDMENT ACT, 2001

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

Freedom of Information and Protection of Privacy Act

1 The Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following

section in Division 2 of

Part 2:

Disclosure of information relating to abortion services

22.1

(1) In this section, "abortion services" means lawful medical services for the termination of a pregnancy.

(2) The head of a public body must refuse to disclose to an applicant information that relates to the provision of abortion services.

(3) Subsection (2) does not apply to the following:

(

a) information about abortion services that were received by the applicant;

(

b) statistical information, including financial information, relating to the total number of abortion services provided throughout

(

i) British Columbia, or

(ii) a region that is designated under

section 4 (1) (

b) of the Health Authorities Act

if more than one health care body provides abortion services in that region;

(

c) information about a public body's policies on the provision of abortion services.

(4) Nothing in this

section prevents any other provision of this Act from applying if a request is made under

section 5 by an applicant for access to a record containing information about abortion services that were received by the applicant.

Hospital Act

Section 1 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended in the definition of

"hospital" by striking out "except in

Part 2," and substituting

"except in Parts 2 and 2.1," .

3 The following

Part is added:

Part 2.1 – Hospitals Providing Abortion Services

Abortion services

24.1

(1) In this

section "qualified person" has the meaning given to it in

section 1 of the Hospital Insurance Act .

(2) Each hospital listed in the

Schedule to this Act must provide the facilities and services, and be operated and maintained, as necessary to allow a qualified person to receive abortion services at that hospital.

(3) The Lieutenant Governor in Council may, by regulation, amend the

Schedule to add to it any hospital in British Columbia.

Section 47 is amended by adding "including a hospital under

Part 2.1," after

"to a hospital," .

Section 56 is amended by adding the following subsection:

(3.1) The Lieutenant Governor in Council may make regulations adding any hospital in British Columbia to the Schedule.

6 The following

Schedule is added:

Schedule

[section 24.1]

Bulkley Valley District Hospital

Burnaby Hospital

Campbell River and District General Hospital

Cariboo Memorial Hospital

Cumberland Health Care Facility

Dawson Creek and District Hospital

Eagle Ridge Hospital and Health Care Centre

Fort St. John General Hospital

Golden and District General Hospital

G.R. Baker Memorial Hospital

Kelowna General Hospital

Kimberley and District Hospital

Kitimat General Hospital

Kootenay Lake District Hospital

Lions Gate Hospital

Maple Ridge Meadows Hospital and Health Care Centre

Mills Memorial Hospital

Mission Memorial Hospital

Nanaimo Regional General Hospital

Peach Arch District Hospital

Prince George Regional Hospital

Prince Rupert Regional Hospital

Queen Victoria Hospital

Royal Columbian Hospital

Royal Inland Hospital

Royal Jubilee Hospital

St. Mary's Hospital (Sechelt)

Surrey Memorial Hospital

Trail Regional Hospital

U.B.C. Health Sciences Centre Hospital

Vancouver General Hospital

Vernon Jubilee Hospital

Victoria General Hospital

West Coast General Hospital

Explanatory Notes

Freedom of Information and Protection of Privacy Act

SECTION 1: [Freedom of Information and Protection of Privacy Act, enacts

section 22.1]

adds a provision protecting information relating to abortion services from

disclosure to an applicant who makes a request under

section 5 of the Act and

listing certain exceptions to the general rule. One of these exceptions is

intended to ensure that applicants who have received abortion services have

access to their own information.

Hospital Act

SECTION 2: [Hospital Act, amends

section 1] is consequential to the amendment proposed

section 3 of this Bill.

SECTION 3: [Hospital Insurance Act, enacts

Part 2.1] requires that the hospitals set out in

the

Schedule to this Act provide the facilities and services, and are operated

and maintained, to allow qualified persons to receive abortion services at those

hospitals.

SECTION 4: [Hospital Act, amends

section 47] is consequential to the amendment

proposed by

section 3 of this Bill.

SECTION 5: [Hospital Act, adds

section 56 (3.1)] empowers the Lieutenant Governor in

Council to make regulations to add hospitals to the Schedule.

SECTION 6: [Hospital Act, enacts a Schedule] establishes the hospitals in British Columbia

that must comply with

section 24.1 (2) of the Act.

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© 2001: Queen's Printer, Victoria, British Columbia, Canada