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2013 Legislative Session: 5th Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE SHIRLEY BOND

MINISTER OF JUSTICE

BILL 11 – 2013

CRIMINAL RECORDS REVIEW AMENDMENT ACT, 2013

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

SECTION 1: [Criminal Records Review Act,

section 1]

adds

definitions to enable the application of the Act to volunteers of registered specified organizations,

adds

definitions of "municipality" and "post secondary institution", which are moved by this Bill from

section 7 of the Act, and

amends the

definitions of "work with children" and "work with vulnerable adults" to include providing services as a volunteer.

Section 1 of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended

(

a) by adding the following

definitions:

"criminal record check verification" means a criminal record check verification under this Act;

"criminal record check verification authorization" means an authorization for a criminal record check verification referred to in

section 27.01; ,

(

b) in the definition of "education institution" by striking out " , within the meaning of

section 7, ",

(

c) by adding the following

definitions:

"municipality" includes

(

a) a regional district, and

(

b) an improvement district;

"portable criminal record check" means a criminal record check, for an individual, that meets both of the following requirements:

(

a) the authorization for the criminal record check was signed by the individual within 5 years of the date of a criminal record check verification authorization;

(

b) the criminal record check did not result in a determination that the individual who authorized the criminal record check presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults;

"post secondary institution" means any of the following:

(

a) a university under the University Act ;

(

b) the University of Northern British Columbia;

(

c) the Thompson Rivers University;

(

d) an institution as defined in the College and Institute Act ;

"registered specified organization" means a specified organization that is registered under

section 24.1;

"specified organization" means any of the following that, in the opinion of the registrar, provides a benefit or service to children or vulnerable adults:

(

a) a non-profit organization;

(

b) the government;

(

c) an agency of the government;

(

d) a municipality;

(

e) a board as defined in the School Act ;

(

f) a francophone education authority as defined in the School Act ;

(

g) an authority as defined in the Independent School Act ;

(

h) a post secondary institution;

(

i) a public body as defined in the Health Authorities Act or a regional health board established under that Act that operates or provides funding to

(

i) a hospital as defined by

section 1 of the Hospital Act ,

(ii) a Provincial mental health facility, a psychiatric unit or a society as defined by

section 1 of the Mental Health Act or a mental health clinic or mental health service established by regulations under

section 43 of that Act,

(iii) a facility or service related to medical or health care, or

(iv) a private hospital as defined in

section 5 of the Hospital Act ;

(

j) a board, commission, council or other body of persons, whether or not incorporated, all the members of which or all the members of the board of management or board of directors of which are appointed by

an Act, an order of the Lieutenant Governor in Council or a minister of the government;

(

k) a corporation more than 50% of the shares or ownership of which is directly or indirectly vested in the government;

(

l) an individual or corporation that receives operating funds from the government, other than a board or public body referred to in paragraph (

e) or (i);

(

m) a community care facility, as defined in the Community Care and Assisted Living Act , that is exempted under

section 34 (5) (

d) of that Act;

(

n) the holder of a licence issued under the Community Care and Assisted Living Act ;

(

o) a registrant as defined in

section 1 of the Community Care and Assisted Living Act ;

(

p) a registered member who uses one or more volunteers to assist the registered member in carrying on his or her occupation;

(

q) any other prescribed persons or entities or prescribed classes of persons or entities;

"volunteer" means an individual who

(

a) voluntarily provides services to a registered specified organization, and

(

b) receives no monetary compensation in relation to the services or the time spent providing the services; ,

(

d) in the definition of "work with children" by striking out " or " at the end of paragraph (b), by adding " , or " at the end of paragraph (

c) and by adding the following paragraph:

(

d) while providing services as a volunteer; , and

(

e) in the definition of "work with vulnerable adults" by striking out " or " at the end of paragraph (b), by adding " , or " at the end of paragraph (

c) and by adding the following paragraph:

(

d) while providing services as a volunteer.

SECTION 2: [Criminal Records Review Act,

section 3] replaces references to organization with references to person or entity for consistency in the Act.

Section 3 is amended by striking out " or organization " in both places and substituting " , person or entity ".

SECTION 3: [Criminal Records Review Act,

section 4]

clarifies that a prescribed fee may not always be received with a criminal record check authorization, and

sets out who is provided with notifications in the criminal record check process and who may request written reasons for determinations in the criminal record check process.

Section 4 is amended

(

a) in subsection (1) by adding " if any, " after " the prescribed fee, ",

(

b) by repealing subsection (2) (

b) and substituting the following:

(

b) provide to the individual who authorized the criminal record check and the following persons and entities notification that the individual has an outstanding charge relating to a relevant offence or specified offence or that the individual has been convicted of a relevant offence or specified offence and that the matter has been referred to the deputy registrar:

(

i) the employer, if the individual is an employee or applicant for employment;

(ii) the governing body, if the individual is a registered member or an applicant for registration;

(iii) the administrator, if the individual is a child care provider or an applicant as defined in

Part 5;

(iv) the education institution, if the individual is a registered student;

(

v) the director of certification, if the individual is an individual referred to in

section 17.5 (1);

(vi) the registered specified organization, if the individual is a volunteer or an applicant for volunteering. , and

(

c) by repealing subsections (4) and (5) and substituting the following:

(4) The deputy registrar must promptly provide notification

(

a) to the individual who authorized the criminal record check, and

(

b) to the persons or entities that were provided with a notification under subsection (2) (

b) of a determination under subsection (2) (

a) that the individual does not present a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

(4.1) The deputy registrar must promptly provide notification

(

a) to the individual who authorized the criminal record check, and

(

b) to the persons or entities that were provided with a notification under subsection (2) (

b) of a determination under subsection (2) (

a) that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

(4.2) In addition to providing the notification under subsection (4.1), the deputy registrar must,

(

a) determine if another person or entity, within 5 years of the date of the criminal record check authorization,

(

i) was identified in a criminal record check authorization or a criminal record check verification authorization in respect of the individual who is the subject of the determination under subsection (2) (a), or

(ii) received a notification from the registrar or deputy registrar under this Part or

Part 2.1 in respect of the individual who is the subject of the determination under subsection (2) (a),

(

b) if there is a person or entity described in paragraph (a), take reasonable steps to determine if the individual continues to work with children or work with vulnerable adults for the person or entity, and

(

c) if the deputy registrar determines that the individual continues to work with children or work with vulnerable adults for the person or entity, provide notification to that person or entity that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

(5) The deputy registrar must provide written reasons for the determination under subsection (2) (

a) to the individual who is the subject of the determination, if the individual so requests, and to any of the following persons or entities, if the person or entity so requests:

(

a) the employer, if the individual is an employee or applicant for employment;

(

b) the governing body, if the individual is a registered member or an applicant for registration;

(

c) the administrator, if the individual is a child care provider or an applicant as defined in

Part 5;

(

d) the education institution, if the individual is a registered student;

(

e) the director of certification, if the individual is an individual referred to in

section 17.5 (1).

SECTION 4: [Criminal Records Review Act,

section 4.1] imposes an obligation on the registrar to refer a criminal record check to the deputy registrar in certain circumstances, and on the deputy registrar to complete the criminal record check even if the registrar is requested not to proceed with the criminal record check or a registered specified organization deregisters.

4 The following

section is added:

Completion of criminal record check

4.1

(1) If, when carrying out a criminal record check under

section 4 and after the registrar has made a determination under

section 4 (2) that the individual who is the subject of the criminal record check has an outstanding charge relating to a relevant offence or specified offence or has been convicted of a relevant offence or specified offence,

(

a) the registrar is requested not to proceed with the criminal record check, or

(

b) the registered specified organization identified in the criminal record check authorization deregisters under

section 24.2,

the registrar must refer the matter to the deputy registrar, if the registrar has not already referred the matter to the deputy registrar, and the deputy registrar must take the actions set out in this section.

(2) The deputy registrar must do the following if subsection (1) applies:

(

a) determine if another person or entity, within 5 years of the date of the criminal record check authorization,

(

i) was identified in a criminal record check authorization or a criminal record check verification authorization in respect of the individual, or

(ii) received a notification from the registrar or deputy registrar under this Part or

Part 2.1 in respect of the individual;

(

b) if there is a person or entity described in paragraph (a), take reasonable steps to determine if the individual continues to work with children or work with vulnerable adults for the person or entity;

(

c) if the deputy registrar determines that the individual continues to work with children or work with vulnerable adults for the person or entity, determine whether the conviction or outstanding charge indicates that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

(3) In making a determination under subsection (2) (

c) of this section, the deputy registrar must consider the factors set out in

section 4 (3).

(4) If the deputy registrar makes a determination under subsection (2) (

c) that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the deputy registrar must promptly provide notification of the determination

(

a) to the individual who is the subject of the determination, and

(

b) to the persons and entities described in subsection (2) (a).

SECTION 5: [Criminal Records Review Act,

section 5] includes reconsiderations of decisions under

section 4.1 of the Act and sets out who is provided with notifications in the reconsideration process and who may request written reasons for reconsideration decisions.

Section 5 is amended

(

a) in subsection (1) by adding " or 4.1 " after "

section 4 ", and

(

b) by repealing subsections (7) and (8) and substituting the following:

(7) The registrar must promptly provide notification of a decision under subsection (6) (

a) or (

b) to the individual who is the subject of the decision and to the persons or entities that were provided with a notification under

section 4 (4.1) or (4.2) or 4.1 (4), as applicable.

(8) The registrar must provide written reasons for the decision under subsection (6) (

a) or (

b) to the individual who is the subject of the decision, if the individual so requests, and to any of the following persons or entities, if the person or entity so requests:

(

a) the employer, if the individual is an employee or applicant for employment;

(

b) the governing body, if the individual is a registered member or an applicant for registration;

(

c) the administrator, if the individual is a child care provider or an applicant as defined in

Part 5;

(

d) the education institution, if the individual is a registered student;

(

e) the director of certification, if the individual is an individual referred to in

section 17.5 (1).

SECTION 6: [Criminal Records Review Act,

section 6] adds a registered specified organization to the list of who must provide records.

Section 6 (1) is amended by adding the following paragraph:

(

g) the registered specified organization, if the individual is a volunteer or an applicant for volunteering.

SECTION 7: [Criminal Records Review Act,

Part 2.1] adds a criminal record check verification process.

7 The following

Part is added:

Part 2.1 – Criminal Record Check Verification

Criminal record check verification

6.1

(1) When the registrar receives a criminal record check verification authorization and the prescribed fee, if any, the registrar must carry out a criminal record check verification to determine if the individual who authorized the criminal record check verification has a portable criminal record check.

(2) If the registrar determines that the individual has a portable criminal record check, the registrar must promptly provide notification to the persons and entities identified in the criminal record check verification authorization that the individual has a portable criminal record check.

(3) If the registrar determines that the individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the registrar must promptly provide notification to the individual that the individual does not have a portable criminal record check.

(4) If the registrar determines that the individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the registrar must promptly provide notification to the individual and to the persons and entities identified in the criminal record check verification authorization that

(

a) the individual does not have a portable criminal record check, and

(

b) a criminal record check in respect of the individual carried out within 5 years of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults.

SECTION 8: [Criminal Records Review Act,

section 7] repeals

definitions that are moved by this Bill to

section 1 of the Act.

Section 7 (1) is repealed.

SECTION 9: [Criminal Records Review Act,

section 8]

adds the option of a criminal record check verification, and

authorizes an employer to require a criminal record check even if the individual could undergo a criminal record check verification.

Section 8 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Subject to subsection (1.1), an employer must ensure that every individual who is hired for employment involving work with children or work with vulnerable adults and every employee who works with children or works with vulnerable adults undergoes

(

a) a criminal record check, or

(

b) a criminal record check verification.

(1.1) An employer may require an applicant for employment or an employee to undergo a criminal record check even if the applicant or employee could undergo a criminal record check verification. , and

(

b) in subsection (2) by adding " or criminal record check verification " after " criminal record check ".

SECTION 10: [Criminal Records Review Act,

section 9] adds a reference to criminal record check verification.

Section 9 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) When an individual is offered employment that involves working with children or working with vulnerable adults, the individual must provide to the employer a criminal record check authorization or a criminal record check verification authorization, as applicable. , and

(

b) in subsection (2) by striking out " provided the criminal record check authorization in accordance " and substituting " complied ".

SECTION 11: [Criminal Records Review Act,

section 10]

requires an employee to undergo a criminal record check at least once every 5 years and to provide a criminal record check authorization or criminal record check verification authorization, as applicable, to his or her employer at least once every 5 years, and

adds references to criminal record check verifications.

Section 10 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) An employee who works with children or works with vulnerable adults must

(

a) undergo a criminal record check at least once every 5 years, and

(

b) provide to his or her employer a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the employee provided to his or her employer the employee's last criminal record check authorization or criminal record check verification authorization. ,

(

b) in subsection (2) by adding " or a criminal record check verification authorization " after " does not provide a criminal record check authorization ", and

(

c) in subsection (2) (

a) and (

b) by adding " or criminal record check verification authorization, as applicable " after " criminal record check authorization ".

SECTION 12: [Criminal Records Review Act,

section 10.1] provides that an employer must ensure that an individual, who does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual had a criminal record check more than 5 years ago, is not hired or does not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.

12 The following

section is added:

No portable criminal record check

10.1 If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,

(

a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with children or working with vulnerable adults until the individual provides a criminal record check authorization, or

(

b) if the individual is an employee, the employer must ensure that the individual does not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.

SECTION 13: [Criminal Records Review Act,

section 11] requires an employer to ensure that an applicant or an employee, who does not have a portable criminal record check because of a previous determination that the applicant or employee presents a risk, is not hired or does not work with children.

Section 11 is amended

(

a) by renumbering the

section as

section 11 (1),

(

b) in subsection (1) by adding " , in a criminal record check under

Part 2, " after " If the deputy registrar determines ", and

(

c) by adding the following subsection:

(2) If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children,

(

a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with children, or

(

b) if the individual is an employee, the employer must ensure that the individual does not work with children.

SECTION 14: [Criminal Records Review Act,

section 11.1] requires an employer to ensure that an applicant or employee, who does not have a portable criminal record check because of a previous determination that the applicant or employee presents a risk, is not hired or does not work with vulnerable adults.

Section 11.1 is amended

(

a) by renumbering the

section as

section 11.1 (1),

(

b) in subsection (1) by adding " , in a criminal record check under

Part 2, " after " If the deputy registrar determines ", and

(

c) by adding the following subsection:

(2) If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical, sexual or financial abuse to vulnerable adults,

(

a) if the individual is an applicant for employment, the employer must ensure that the individual is not hired for a job that involves working with vulnerable adults, or

(

b) if the individual is an employee, the employer must ensure that the individual does not work with vulnerable adults.

SECTION 15: [Criminal Records Review Act,

section 12] adds a reference to specified offence.

Section 12 (1) is amended by striking out " a relevant offence subsequent to a criminal record check, " and substituting " a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, ".

SECTION 16: [Criminal Records Review Act,

section 13]

adds the option of a criminal record check verification, and

authorizes a governing body to require a criminal record check even if the individual could undergo a criminal record check verification.

Section 13 (1) is repealed and the following substituted:

(1) Subject to subsection (1.1), a governing body must ensure that every member of the governing body who is registered and every individual who applies for registration undergoes

(

a) a criminal record check, or

(

b) a criminal record check verification.

(1.1) A governing body may require an applicant for registration or a registered member to undergo a criminal record check even if the applicant or registered member could undergo a criminal record check verification.

SECTION 17: [Criminal Records Review Act,

section 14] adds a reference to criminal record check verification.

Section 14 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Before an individual is registered as a member of a governing body, the individual must provide to the governing body a criminal record check authorization or a criminal record check verification authorization, as applicable. , and

(

b) in subsection (2) by striking out " provided the criminal record check authorization in accordance " and substituting " complied ".

SECTION 18 [Criminal Records Review Act,

section 15]

requires a registered member to undergo a criminal record check at least once every 5 years and to provide a criminal record check authorization or criminal record check verification authorization, as applicable, to his or her governing body at least once every 5 years, and

adds references to criminal record check verifications.

Section 15 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A registered member must

(

a) undergo a criminal record check at least once every 5 years, and

(

b) provide to his or her governing body a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the registered member provided to his or her governing body the registered member's last criminal record check authorization or criminal record check verification authorization. ,

(

b) in subsection (2) by adding " or criminal record check verification authorization " after " does not provide the criminal record check authorization ", and

(

c) in subsection (2) (

a) by adding " or criminal record check verification authorization, as applicable " after " has provided the criminal record check authorization ".

SECTION 19: [Criminal Records Review Act,

section 15.1]

provides that a governing body must ensure that an applicant for registration is not registered if the applicant does not have a portable criminal record check because the applicant has never undergone a criminal record check or the applicant had a criminal record check more than 5 years ago, and

prohibits a registered member from working with children or working with vulnerable adults if the registered member does not have a portable criminal record check because the registered member has never undergone a criminal record check or the registered member had a criminal record check more than 5 years ago.

19 The following

section is added:

No portable criminal record check

15.1 If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,

(

a) if the individual is an applicant for registration, the governing body must ensure that the individual is not registered until the individual provides a criminal record check authorization, or

(

b) if the individual is a registered member, the individual must not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.

SECTION 20: [Criminal Records Review Act,

section 16] requires a governing body to investigate or review the registration or application for registration of an individual who does not have a portable criminal record check because of a previous determination that the individual presents a risk.

Section 16 is amended

(

a) in subsection (1) by adding " , in a criminal record check under

Part 2, " after " If the deputy registrar determines ",

(

b) by adding the following subsection:

(1.1) If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the governing body must investigate or review the individual's registration or application for registration and take appropriate action under the Act that governs the governing body. , and

(

c) in subsection (2) by adding " or (1.1) " after " subsection (1) ".

SECTION 21: [Criminal Records Review Act, sections 17, 17.4 and 23] adds references to criminal record check verifications.

21 Sections 17 (1), 17.4 (1) and 23 (1) are amended by adding " or criminal record check verification " after " subsequent to a criminal record check ".

SECTION 22: [Criminal Records Review Act,

Part 4.1] updates the heading to

Part 4.1 of the Act.

22 The heading to

Part 4.1 is amended by striking out " Working with Children ".

SECTION 23: [Criminal Records Review Act,

section 17.1]

adds the option of a criminal record check verification, and

authorizes an education institution to require a criminal record check even if the individual could undergo a criminal record check verification.

Section 17.1 (1) is repealed and the following substituted:

(1) Subject to subsection (1.1), an education institution must ensure that every registered student who will work with children or work with vulnerable adults undergoes

(

a) a criminal record check, or

(

b) a criminal record check verification.

(1.1) An education institution may require a registered student to undergo a criminal record check even if the registered student could undergo a criminal record check verification.

SECTION 24: [Criminal Records Review Act,

section 17.2] adds a reference to criminal record check verification.

Section 17.2 is repealed and the following substituted:

Registered students

17.2

(1) Before working with children or working with vulnerable adults, a registered student must provide to his or her education institution a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) A registered student must not work with children or work with vulnerable adults unless the registered student has complied with subsection (1).

SECTION 25: [Criminal Records Review Act,

section 17.21] provides that an education institution must ensure that an individual, who does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual had a criminal record check more than 5 years ago, does not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.

25 The following

section is added:

No portable criminal record check

17.21 If the registrar determines, in a criminal record check verification under

Part 2.1, that a registered student does not have a portable criminal record check because the registered student has never undergone a criminal record check or the registered student underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the education institution must ensure the registered student does not work with children or work with vulnerable adults as a registered student until the registered student provides a criminal record check authorization.

SECTION 26: [Criminal Records Review Act,

section 17.3] requires an education institution to ensure that an individual, who does not have a portable criminal record check because of a previous determination that the individual presents a risk, does not work with children as a registered student.

Section 17.3 is amended

(

a) by renumbering the

section as

section 17.3 (1),

(

b) in subsection (1) by adding " , in a criminal record check under

Part 2, " after " If the deputy registrar determines ", and

(

c) by adding the following subsection:

(2) If the registrar determines, in a criminal record check verification under

Part 2.1, that a registered student does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the registered student presents a risk of physical or sexual abuse to children, the education institution must ensure that the registered student does not work with children as a registered student.

SECTION 27: [Criminal Records Review Act,

section 17.31] requires an education institution to ensure that an individual, who does not have a portable criminal record check because of a previous determination that the individual presents a risk, does not work with vulnerable adults as a registered student.

Section 17.31 is amended

(

a) by renumbering the

section as

section 17.31 (1),

(

b) in subsection (1) by adding " , in a criminal record check under

Part 2, " after " If the deputy registrar determines ", and

(

c) by adding the following subsection:

(2) If the registrar determines, in a criminal record check verification under

Part 2.1, that a registered student does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the registered student presents a risk of physical, sexual or financial abuse to vulnerable adults, the education institution must ensure that the registered student does not work with vulnerable adults as a registered student.

SECTION 28: [Criminal Records Review Act,

section 17.41] adds

definitions of "certificate", "certificate holder" and "letter of permission".

28 The following

section is added to

Part 4.2:

Definitions

17.41 In this Part:

"certificate" means a certificate of qualification or an independent school teaching certificate issued under

section 30 of the Teachers Act ;

"certificate holder" means an individual who holds a certificate;

"letter of permission" means a letter of permission issued under

section 35 of the Teachers Act .

SECTION 29: [Criminal Records Review Act,

section 17.5]

adds the option of a criminal record check verification, and

authorizes the director of certification to require a criminal record check even if the individual could undergo a criminal record check verification.

Section 17.5 (1) is repealed and the following substituted:

(1) Subject to subsection (1.1), the director of certification must ensure that every individual who applies for a certificate, every certificate holder and every individual who applies for a letter of permission undergoes

(

a) a criminal record check, or

(

b) a criminal record check verification.

(1.1) The director of certification may require an individual described in subsection (1) to undergo a criminal record check even if the individual could undergo a criminal record check verification.

SECTION 30: [Criminal Records Review Act, sections 17.6, 17.7, 17.71 and 17.8]

adds references to criminal record check verifications,

requires a certificate holder to undergo a criminal record check at least once every 5 years and to provide a criminal record check authorization or criminal record check verification authorization, as applicable, to the director of certification at least once every 5 years, and

requires the director of certification to take appropriate action under the Teachers Act

if an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual had a criminal record check more than 5 years ago, and

if an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because of a previous determination that the individual presents a risk.

30 Sections 17.6 to 17.8 are repealed and the following substituted:

Applicants for certificates and letters of permission

17.6

(1) Before a certificate or a letter of permission is issued, an applicant must provide to the director of certification a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) If an applicant does not comply with subsection (1), the director of certification must not issue to the applicant a certificate or a letter of permission, as applicable.

Existing certificate holders

17.7

(1) A certificate holder must

(

a) undergo a criminal record check at least once every 5 years, and

(

b) provide to the director of certification a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the certificate holder provided to the director of certification the certificate holder's last criminal record check authorization or criminal record check verification authorization.

(2) If a certificate holder does not provide a criminal record check authorization or a criminal record check verification authorization as required by subsection (1) or

section 17.9, the director of certification must take appropriate action under the Teachers Act .

No portable criminal record check

17.71 If the registrar determines, in a criminal record check verification under

Part 2.1, that an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because the applicant for a certificate, the certificate holder or the applicant for a letter of permission has never undergone a criminal record check or the applicant for a certificate, the certificate holder or the applicant for a letter of permission underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the director of certification must take appropriate action under the Teachers Act .

Effect of finding risk

17.8

(1) If the deputy registrar determines, in a criminal record check under

Part 2, that an outstanding charge or conviction indicates that an applicant for a certificate, a certificate holder or an applicant for a letter of permission presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under

section 5, the director of certification must take appropriate action under the Teachers Act .

(2) If the registrar determines, in a criminal record check verification under

Part 2.1, that an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant for a certificate, the certificate holder or the applicant for a letter of permission presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, the director of certification must take appropriate action under the Teachers Act .

SECTION 31: [Criminal Records Review Act,

section 17.9] adds a reference to specified offence.

Section 17.9 is amended

(

a) in subsection (1) by striking out " If a person who holds a certificate of qualification or an independent school teaching certificate under

section 30 of the Teachers Act is charged with or convicted of a relevant offence subsequent to a criminal record check, the person " and substituting " If a certificate holder is charged with or convicted of a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, the certificate holder ", and

(

b) in subsection (2) by striking out " a person who holds a certificate of qualification or an independent school teaching certificate under

section 30 of the Teachers Act " and substituting " a certificate holder " and by striking out " a relevant offence, " and substituting " a relevant offence or specified offence, ".

SECTION 32: [Criminal Records Review Act,

section 19]

adds the option of a criminal record check verification, and

authorizes the administrator to require a criminal record check even if the individual could undergo a criminal record check verification.

Section 19 (1) is repealed and the following substituted:

(1) Subject to subsection (1.1), the administrator must ensure that every applicant and every child care provider undergoes

(

a) a criminal record check, or

(

b) a criminal record check verification.

(1.1) The administrator may require an applicant or a child care provider to undergo a criminal record check even if the applicant or child care provider could undergo a criminal record check verification.

SECTION 33: [Criminal Records Review Act,

section 20] adds a reference to criminal record check verification.

Section 20 (1) is repealed and the following substituted:

(1) When an individual applies for registration under a prescribed program, the individual must provide to the administrator a criminal record check authorization or a criminal record check verification authorization, as applicable.

SECTION 34: [Criminal Records Review Act,

section 21]

requires a child care provider to undergo a criminal record check at least once every 5 years and to provide a criminal record check authorization or criminal record check verification authorization, as applicable, to the administrator at least once every 5 years, and

adds references to criminal record check verifications.

Section 21 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A child care provider must

(

a) undergo a criminal record check at least once every 5 years, and

(

b) provide to the administrator a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the child care provider provided to the administrator the child care provider's last criminal record check authorization or criminal record check verification authorization. ,

(

b) in subsection (2) by adding " or criminal record check verification authorization ", after " does not provide the criminal record check authorization ", and

(

c) in subsection (2) (

a) and (

b) by adding " or criminal record check verification authorization, as applicable " after " provided the criminal record check authorization ".

SECTION 35: [Criminal Records Review Act,

section 21.1]

requires the administrator to ensure that an applicant, who does not have a portable criminal record check because the applicant has never undergone a criminal record check or the applicant had a criminal record check more than 5 years ago, is not registered until the applicant provides a criminal record check authorization, and

prohibits a child care provider, who does not have a portable criminal record check because the child care provider has never undergone a criminal record check or the child care provider had a criminal record check more than 5 years ago, from working with children.

35 The following

section is added:

No portable criminal record check

21.1 If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization,

(

a) if the individual is an applicant, the administrator must not register the individual until the individual provides a criminal record check authorization, or

(

b) if the individual is a child care provider, the individual must not work with children until the individual provides a criminal record check authorization.

SECTION 36: [Criminal Records Review Act,

section 22] requires the administrator

to ensure that an applicant, who does not have a portable criminal record check because of a previous determination that the applicant presents a risk, is not registered, and

to revoke the registration of a child care provider who does not have a portable criminal record check because of a previous determination that the child care provider presents a risk.

Section 22 (1) is repealed and the following substituted:

(1) If the deputy registrar determines, in a criminal record check under

Part 2, that an outstanding charge or conviction indicates that the individual presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under

section 5,

(

a) if the individual is an applicant, the administrator must not register the individual, or

(

b) if the individual is a child care provider, the administrator must revoke the registration of the individual under the prescribed program.

(1.1) If the registrar determines, in a criminal record check verification under

Part 2.1, that an individual does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the individual presents a risk of physical or sexual abuse to children,

(

a) if the individual is an applicant, the administrator must not register the individual, or

(

b) if the individual is a child care provider, the administrator must revoke the registration of the individual under the prescribed program.

SECTION 37: [Criminal Records Review Act,

section 24] adds a reference to criminal record check verification.

Section 24 is amended by adding " or a criminal record check verification authorization, as applicable, " after " a criminal record check authorization ".

SECTION 38: [Criminal Records Review Act,

Part 5.1]

provides for the registration of specified organizations,

provides for the deregistration of registered specified organizations, and

sets out the requirements for criminal record checks and criminal record check verifications for applicants for volunteering, volunteers and registered specified organizations.

38 The following

Part is added:

Part 5.1 – Specified Organizations and Volunteers

Registration of specified organizations

24.1

(1) A specified organization may apply to the registrar, in the form and manner required by the registrar, to be a registered specified organization under this Act.

(2) If the registrar registers a specified organization that applies under subsection (1), the registrar must notify the specified organization that, from the date of notification, it is a registered specified organization for the purposes of this Act.

Deregistration of specified organizations

24.2

(1) A registered specified organization may notify the registrar, in the form and manner required by the registrar, that it wants to be deregistered.

(2) A specified organization ceases to be a registered specified organization for the purposes of this Act on the date the registrar receives notification under subsection (1).

General duty of registered specified organizations

24.3

(1) Subject to subsection (2), a registered specified organization must ensure that every individual who will work with children or work with vulnerable adults as a volunteer with the registered specified organization and every volunteer who works with children or works with vulnerable adults with the registered specified organization undergoes

(

a) a criminal record check, or

(

b) a criminal record check verification.

(2) A registered specified organization may require an applicant for volunteering or a volunteer with the registered specified organization to undergo a criminal record check even if the applicant or volunteer could undergo a criminal record check verification.

(3) Despite subsection (1), a registered specified organization must not require an applicant for volunteering with the registered specified organization to authorize a criminal record check or a criminal record check verification, as applicable, unless the applicant will be working with children or working with vulnerable adults as a volunteer with the registered specified organization.

(4) The registered specified organization must inform applicants for volunteering and volunteers of the requirements of this Act.

Applicants for volunteering

24.4

(1) Before working with children or working with vulnerable adults as a volunteer with a registered specified organization, an individual must provide to the registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable.

(2) A registered specified organization must ensure that an individual does not work with children or work with vulnerable adults as a volunteer with the registered specified organization unless the individual has complied with subsection (1).

Existing volunteers

24.5

(1) A volunteer with a specified organization who works with children or works with vulnerable adults at the time the specified organization is registered under

section 24.1 must

(

a) undergo a criminal record check at least once every 5 years, and

(

b) provide to his or her registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable,

(

i) within 1 year of the date of notification, under

section 24.1 (2), that the specified organization is a registered specified organization, and

(ii) at least once every 5 years after the date on which authorization is provided in compliance with subparagraph (i).

(2) A volunteer with a registered specified organization who works with children or works with vulnerable adults must

(

a) undergo a criminal record check at least once every 5 years, and

(

b) provide to his or her registered specified organization a criminal record check authorization or a criminal record check verification authorization, as applicable, at least once every 5 years after the date on which the volunteer provided to his or her registered specified organization the volunteer's last criminal record check authorization or criminal record check verification authorization.

(3) If a volunteer does not provide a criminal record check authorization or a criminal record check verification authorization as required by subsection (1) or (2) or

section 24.9,

(

a) the volunteer must not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the volunteer has provided the criminal record check authorization or the criminal record check verification authorization, and

(

b) the registered specified organization must ensure that the volunteer does not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the volunteer has provided the criminal record check authorization or the criminal record check verification authorization.

No portable criminal record check

24.6 If the registrar determines, in a criminal record check verification under

Part 2.1, that an applicant for volunteering or a volunteer with a registered specified organization does not have a portable criminal record check because the applicant or volunteer has never undergone a criminal record check or the applicant or volunteer underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization, the registered specified organization must ensure that the applicant or volunteer does not work with children or work with vulnerable adults as a volunteer with the registered specified organization until the applicant or volunteer provides a criminal record check authorization.

Effect of finding of risk – working with children

24.7

(1) If the deputy registrar determines, in a criminal record check under

Part 2, that an outstanding charge or a conviction indicates that an applicant for volunteering or a volunteer with a registered specified organization presents a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under

section 5, the registered specified organization must ensure that the applicant or volunteer does not work with children as a volunteer with the registered specified organization.

(2) If the registrar determines, in a criminal record check verification under

Part 2.1, that an applicant for volunteering or a volunteer does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant or volunteer presents a risk of physical or sexual abuse to children, the registered specified organization must ensure that the applicant or volunteer does not work with children as a volunteer with the registered specified organization.

Effect of finding of risk – working with vulnerable adults

24.8

(1) If the deputy registrar determines, in a criminal record check under

Part 2, that an outstanding charge or a conviction indicates that an applicant for volunteering or a volunteer with a registered specified organization presents a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under

section 5, the registered specified organization must ensure that the applicant or volunteer does not work with vulnerable adults as a volunteer with the registered specified organization.

(2) If the registrar determines, in a criminal record check verification under

Part 2.1, that an applicant for volunteering or a volunteer with a registered specified organization does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the date of the criminal record check verification authorization resulted in a determination that the applicant or volunteer presents a risk of physical, sexual or financial abuse to vulnerable adults, the registered specified organization must ensure that the applicant or volunteer does not work with vulnerable adults as a volunteer with the registered specified organization.

New convictions or outstanding charges

24.9

(1) If a volunteer who works with children or works with vulnerable adults is charged with or convicted of a relevant offence or specified offence subsequent to a criminal record check or criminal record check verification, the volunteer must promptly report the charge or conviction to the registered specified organization and provide to the registered specified organization a criminal record check authorization for a further criminal record check.

(2) When a registered specified organization becomes aware that a volunteer who works with children or works with vulnerable adults has an outstanding charge for, or has been convicted of, a relevant offence or specified offence, the registered specified organization must require the volunteer to provide a criminal record check authorization for a further criminal record check.

SECTION 39: [Criminal Records Review Act,

section 27] is self-explanatory.

Section 27 is amended by striking out " and " at the end of paragraph (b), by adding ", and " at the end of paragraph (

c) and by adding the following paragraph:

(

d) include any other prescribed matter.

SECTION 40: [Criminal Records Review Act,

section 27.01] sets out requirements for a criminal record check verification authorization.

40 The following

section is added:

Criminal record check verification authorization

27.01 The authorization for a criminal record check verification must

(

a) be in the form provided by the registrar,

(

b) be signed by the individual to whom the criminal record check verification will relate, and

(

c) include any other prescribed matter.

SECTION 41: [Criminal Records Review Act,

section 27.1] adds a reference to criminal record check verification.

Section 27.1 is amended by striking out " for a criminal record check " and substituting " , if any, for a criminal record check or for a criminal record check verification ".

SECTION 42: [Criminal Records Review Act,

section 28] is consequential to the addition of new sections to the Act by this Bill.

Section 28 is amended

(

a) in subsection (1) by striking out everything after "section 6 (1), (2) or (3)," and substituting " 8 (1) or (2) (b), 9 (2), 10 (2) (

a) or (b), 10.1 (

a) or (b), 11 (1) (

a) or (

b) or (2) (

a) or (b), 11.1 (1) (

a) or (

b) or (2) (

a) or (b), 12 (2) or (3), 13 (1), 14 (2), 15 (2) (

a) or (

b) or (3), 15.1 (

a) or (b), 16 (1), (1.1), (2) or (3), 17 (2), (3) or (4), 17.1 (1), 17.2 (2), 17.21, 17.3 (1) or (2), 17.31 (1) or (2), 17.4 (2), 17.5 (1), 17.6 (2), 17.7 (2) (

a) or (b), 17.71 (

a) or (b), 17.8 (1) or (2), 17.9 (2), 19 (1), 20 (2), 21 (2), 21.1 (

a) or (b), 22 (1) (

a) or (b), (1.1) or (2), 23 (2), 24.3 (1) or (2) (b), 24.4 (2), 24.5 (3) (

a) or (b), 24.6, 24.7 (1) or (2), 24.8 (1) or (2), 24.9 (2) or 28.1 (2) is guilty of an offence and liable to a fine of up to $5 000. " , and

(

b) in subsection (2) by striking out " 15 (1), 17 (1), 17.2 (1), 17.4 (1), 17.7 (1), 17.9 (1), 21 (1) or 23 (1) " and substituting " 15 (1) (b), 17 (1), 17.2 (1), 17.4 (1), 17.7 (1) (b), 17.9 (1), 21 (1) (b), 23 (1) or 24.9 (1) ".

SECTION 43: [Criminal Records Review Act,

section 28.1] is consequential to the addition of a new

section to the Act by this Bill.

Section 28.1 (1) is amended by striking out " or 19 " and substituting " , 19 or 24.3 ".

SECTION 44: [Criminal Records Review Act,

section 29]

repeals a regulation-making power consequential to the addition of new sections to the Act by this Bill,

adds a number of regulation-making powers, and

provides for the ability to delegate a matter, confer a discretion and make different regulations for different persons and subject matters.

Section 29 is amended

(

a) in subsection (2) (

a) by striking out " making ",

(

b) by repealing subsection (2) (a.1),

(

c) in subsection (2) by adding the following paragraphs:

(a.2) governing the procedure for criminal record check verifications;

(a.3) for the purpose of the definition of "specified organization" in

section 1, prescribing persons and entities and classes of persons and entities;

(e.1) prescribing the fee payable for a criminal record check verification;

(e.2) exempting persons or classes of persons from the payment of a fee for a criminal record check or a criminal record check verification;

(

h) prescribing matters for the purposes of sections 27 and 27.01;

(

i) defining a word or expression used but not defined in this Act. ,

(

d) in subsection (2) (

f) by adding " or a criminal record check verification " after " a criminal record check ", and

(

e) by adding the following subsection:

(3) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(

a) delegate a matter to a person;

(

b) confer a discretion on a person;

(

c) make different regulations for different persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations and for different classes of persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations;

(

d) establish or define classes of persons, circumstances, criminal record checks, criminal record check authorizations, criminal record check verifications and criminal record check verification authorizations.

Consequential Amendments

Emergency and Health Services Act

SECTION 45: [Emergency and Health Services Act,

section 6]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

Section 6 of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is amended by adding the following subsection:

(6) If

(

a) a person applying for registration fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act ,

(

b) the registrar under that Act has determined that a person applying for registration does not have a portable criminal record check, or

(

c) the deputy registrar under that Act has determined that a person applying for registration presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,

the board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the profession by the emergency medical assistant.

SECTION 46: [Emergency Health and Services Act, sections 6 and 8.1] is self-explanatory.

46 Sections 6 (2) to (5) and 8.1 are amended by adding " licensing " before " board " wherever it appears.

SECTION 47: [Emergency and Health Services Act,

section 8.1]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

47 The following

section is added:

Criminal Records Review Act

8.1 If

(

a) an emergency medical assistant fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act ,

(

b) the registrar under that Act has determined that an emergency medical assistant applying for registration does not have a portable criminal record check, or

(

c) the deputy registrar under that Act has determined that an emergency medical assistant presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,

the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the registration of the emergency medical assistant or whether to suspend or cancel the registration of the emergency medical assistant.

SECTION 48: [Emergency and Health Services Act,

section 9] is consequential to the addition of a new

section to the Act by this Bill.

Section 9 (1) is amended by adding " or 8.1 " after " under

section 7 ".

Emergency Health Services Act

SECTION 49: [Emergency and Health Services Act,

section 6]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

Section 6 of the Emergency Health Services Act, R.S.B.C. 1996, c. 182, is amended by adding the following subsection:

(6) If

(

a) a person applying for registration fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act ,

(

b) the registrar under that Act has determined that a person applying for registration does not have a portable criminal record check, or

(

c) the deputy registrar under that Act has determined that a person applying for registration presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,

the licensing board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the profession by the emergency medical assistant.

SECTION 50: [Emergency and Health Services Act,

section 8.1]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

50 The following

section is added:

Criminal Records Review Act

8.1 If

(

a) an emergency medical assistant refuses to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act ,

(

b) the registrar under that Act has determined that an emergency medical assistant applying for registration does not have a portable criminal record check, or

(

c) the deputy registrar under that Act has determined that an emergency medical assistant presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,

the licensing board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the registration of the emergency medical assistant or whether to suspend or cancel the registration of the emergency medical assistant.

SECTION 51: [Emergency Health Services Act,

section 9] is consequential to the addition of a new

section to the Act by this Bill.

Section 9 (1) is amended by adding " or 8.1 " after " under

section 7 ".

Health Professions Act

SECTION 52: [Health Professions Act,

section 20]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

Section 20 (3) of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

(3) Despite subsection (2), if

(

a) a person applying for registration fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act ,

(

b) the registrar under that Act has determined that a person applying for registration does not have a portable criminal record check, or

(

c) the deputy registrar under that Act has determined that a person applying for registration presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,

the registration committee must take the failure or the determination into account when deciding whether to grant registration to the person or whether to impose limits or conditions on the practice of the designated health profession by the person.

SECTION 53: [Health Professions Act,

section 33]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

Section 33 (2) is repealed and the following substituted:

(2) If

(

a) a registrant fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act ,

(

b) the registrar under that Act has determined that the registrant does not have a portable criminal record check, or

(

c) the deputy registrar under that Act has determined that the registrant presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act,

the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to impose limits or conditions on the practice of the designated health profession by the registrant or whether to suspend or cancel the registration of the registrant.

Social Workers Act

SECTION 54: [Social Workers Act,

section 13] repeals a provision that is no longer necessary.

Section 13 (5) of the Social Workers Act, S.B.C. 2008, c. 31, is repealed.

Supplements Repeal Act

SECTION 55: [Supplements Repeal Act, sections 15 to 17] repeals provisions that are no longer necessary.

55 Sections 15 to 17 of the Supplements Repeal Act, S.B.C. 2006, c. 33, are repealed.

Teachers Act

SECTION 56: [Teachers Act,

section 30]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to financial abuse.

Section 30 (3) (

a) of the Teachers Act, S.B.C. 2011, c. 19, is repealed and the following substituted:

(

a) if

(

i) the person fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act , or

(ii) the deputy registrar under that Act has determined the person presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act, or .

SECTION 57: [Teachers Act,

section 33]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to financial abuse.

Section 33 is amended

(

a) in subsection (1) by striking out " or " at the end of paragraph (e),

(

b) by repealing subsection (1) (

f) and substituting the following:

(

f) if the certificate holder does not authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act , or

(

g) if the registrar under the Criminal Records Review Act has determined that the certificate holder does not have a portable criminal record check because the certificate holder has never undergone a criminal record check or the certificate holder underwent a criminal record check more than 5 years before the date of the criminal record check verification authorization. , and

(

c) by repealing subsection (2) (

e) and (

f) and substituting the following:

(e) 6 months after the date of suspension under subsection (1) (

f) of this

section if the certificate holder does not authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act , within that 6-month period,

(f) 6 months after the date of suspension under subsection (1) (

g) of this

section if the certificate holder does not authorize a criminal record check under the Criminal Records Review Act , within that 6-month period,

(

g) if the registrar under the Criminal Records Review Act has determined that the certificate holder does not have a portable criminal record check because a criminal record check in respect of the same individual carried out within 5 years of the criminal record check verification authorization resulted in a determination that the certificate holder presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults, or

(

h) if the deputy registrar under the Criminal Records Review Act has determined that a certificate holder presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act.

SECTION 58: [Teachers Act,

section 35]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to financial abuse.

Section 35 (3) (

a) is repealed and the following substituted:

(

a) if

(

i) the person fails to authorize a criminal record check or a criminal record check verification, as applicable, under the Criminal Records Review Act , or

(ii) the deputy registrar under that Act has determined the person presents a risk of physical or sexual abuse to children or a risk of physical, sexual or financial abuse to vulnerable adults and that determination has not been overturned by the registrar under that Act, or .

SECTION 59: [Teachers Act,

section 35] is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks and adds a reference to financial abuse.

Repeal of consequential amendments that may become inoperative

59 The Lieutenant Governor in Council may, by regulation, repeal any of sections 45 to 51 of this Act.

Commencement

60 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Criminal Records Review Act,

section 1]

adds

definitions to enable the application of the Act to volunteers of registered specified organizations,

adds

definitions of "municipality" and "post secondary institution", which are moved by this Bill from

section 7 of the Act, and

amends the

definitions of "work with children" and "work with vulnerable adults" to include providing services as a volunteer.

SECTION 2: [Criminal Records Review Act,

section 3] replaces references to organization with references to person or entity for consistency in the Act.

SECTION 3: [Criminal Records Review Act,

section 4]

clarifies that a prescribed fee may not always be received with a criminal record check authorization, and

sets out who is provided with notifications in the criminal record check process and who may request written reasons for determinations in the criminal record check process.

SECTION 4: [Criminal Records Review Act,

section 4.1] imposes an obligation on the registrar to refer a criminal record check to the deputy registrar in certain circumstances, and on the deputy registrar to complete the criminal record check even if the registrar is requested not to proceed with the criminal record check or a registered specified organization deregisters.

SECTION 5: [Criminal Records Review Act,

section 5] includes reconsiderations of decisions under

section 4.1 of the Act and sets out who is provided with notifications in the reconsideration process and who may request written reasons for reconsideration decisions.

SECTION 6: [Criminal Records Review Act,

section 6] adds a registered specified organization to the list of who must provide records.

SECTION 7: [Criminal Records Review Act,

Part 2.1] adds a criminal record check verification process.

SECTION 8: [Criminal Records Review Act,

section 7] repeals

definitions that are moved by this Bill to

section 1 of the Act.

SECTION 9: [Criminal Records Review Act,

section 8]

adds the option of a criminal record check verification, and

authorizes an employer to require a criminal record check even if the individual could undergo a criminal record check verification.

SECTION 10: [Criminal Records Review Act,

section 9] adds a reference to criminal record check verification.

SECTION 11: [Criminal Records Review Act,

section 10]

requires an employee to undergo a criminal record check at least once every 5 years and to provide a criminal record check authorization or criminal record check verification authorization, as applicable, to his or her employer at least once every 5 years, and

adds references to criminal record check verifications.

SECTION 12: [Criminal Records Review Act,

section 10.1] provides that an employer must ensure that an individual, who does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual had a criminal record check more than 5 years ago, is not hired or does not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.

SECTION 13: [Criminal Records Review Act,

section 11] requires an employer to ensure that an applicant or an employee, who does not have a portable criminal record check because of a previous determination that the applicant or employee presents a risk, is not hired or does not work with children.

SECTION 14: [Criminal Records Review Act,

section 11.1] requires an employer to ensure that an applicant or employee, who does not have a portable criminal record check because of a previous determination that the applicant or employee presents a risk, is not hired or does not work with vulnerable adults.

SECTION 15: [Criminal Records Review Act,

section 12] adds a reference to specified offence.

SECTION 16: [Criminal Records Review Act,

section 13]

adds the option of a criminal record check verification, and

authorizes a governing body to require a criminal record check even if the individual could undergo a criminal record check verification.

SECTION 17: [Criminal Records Review Act,

section 14] adds a reference to criminal record check verification.

SECTION 18 [Criminal Records Review Act,

section 15]

requires a registered member to undergo a criminal record check at least once every 5 years and to provide a criminal record check authorization or criminal record check verification authorization, as applicable, to his or her governing body at least once every 5 years, and

adds references to criminal record check verifications.

SECTION 19: [Criminal Records Review Act,

section 15.1]

provides that a governing body must ensure that an applicant for registration is not registered if the applicant does not have a portable criminal record check because the applicant has never undergone a criminal record check or the applicant had a criminal record check more than 5 years ago, and

prohibits a registered member from working with children or working with vulnerable adults if the registered member does not have a portable criminal record check because the registered member has never undergone a criminal record check or the registered member had a criminal record check more than 5 years ago.

SECTION 20: [Criminal Records Review Act,

section 16] requires a governing body to investigate or review the registration or application for registration of an individual who does not have a portable criminal record check because of a previous determination that the individual presents a risk.

SECTION 21: [Criminal Records Review Act, sections 17, 17.4 and 23] adds references to criminal record check verifications.

SECTION 22: [Criminal Records Review Act,

Part 4.1] updates the heading to

Part 4.1 of the Act.

SECTION 23: [Criminal Records Review Act,

section 17.1]

adds the option of a criminal record check verification, and

authorizes an education institution to require a criminal record check even if the individual could undergo a criminal record check verification.

SECTION 24: [Criminal Records Review Act,

section 17.2] adds a reference to criminal record check verification.

SECTION 25: [Criminal Records Review Act,

section 17.21] provides that an education institution must ensure that an individual, who does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual had a criminal record check more than 5 years ago, does not work with children or work with vulnerable adults until the individual provides a criminal record check authorization.

SECTION 26: [Criminal Records Review Act,

section 17.3] requires an education institution to ensure that an individual, who does not have a portable criminal record check because of a previous determination that the individual presents a risk, does not work with children as a registered student.

SECTION 27: [Criminal Records Review Act,

section 17.31] requires an education institution to ensure that an individual, who does not have a portable criminal record check because of a previous determination that the individual presents a risk, does not work with vulnerable adults as a registered student.

SECTION 28: [Criminal Records Review Act,

section 17.41] adds

definitions of "certificate", "certificate holder" and "letter of permission".

SECTION 29: [Criminal Records Review Act,

section 17.5]

adds the option of a criminal record check verification, and

authorizes the director of certification to require a criminal record check even if the individual could undergo a criminal record check verification.

SECTION 30: [Criminal Records Review Act, sections 17.6, 17.7, 17.71 and 17.8]

adds references to criminal record check verifications,

requires a certificate holder to undergo a criminal record check at least once every 5 years and to provide a criminal record check authorization or criminal record check verification authorization, as applicable, to the director of certification at least once every 5 years, and

requires the director of certification to take appropriate action under the Teachers Act

if an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because the individual has never undergone a criminal record check or the individual had a criminal record check more than 5 years ago, and

if an applicant for a certificate, a certificate holder or an applicant for a letter of permission does not have a portable criminal record check because of a previous determination that the individual presents a risk.

SECTION 31: [Criminal Records Review Act,

section 17.9] adds a reference to specified offence.

SECTION 32: [Criminal Records Review Act,

section 19]

adds the option of a criminal record check verification, and

authorizes the administrator to require a criminal record check even if the individual could undergo a criminal record check verification.

SECTION 33: [Criminal Records Review Act,

section 20] adds a reference to criminal record check verification.

SECTION 34: [Criminal Records Review Act,

section 21]

requires a child care provider to undergo a criminal record check at least once every 5 years and to provide a criminal record check authorization or criminal record check verification authorization, as applicable, to the administrator at least once every 5 years, and

adds references to criminal record check verifications.

SECTION 35: [Criminal Records Review Act,

section 21.1]

requires the administrator to ensure that an applicant, who does not have a portable criminal record check because the applicant has never undergone a criminal record check or the applicant had a criminal record check more than 5 years ago, is not registered until the applicant provides a criminal record check authorization, and

prohibits a child care provider, who does not have a portable criminal record check because the child care provider has never undergone a criminal record check or the child care provider had a criminal record check more than 5 years ago, from working with children.

SECTION 36: [Criminal Records Review Act,

section 22] requires the administrator

to ensure that an applicant, who does not have a portable criminal record check because of a previous determination that the applicant presents a risk, is not registered, and

to revoke the registration of a child care provider who does not have a portable criminal record check because of a previous determination that the child care provider presents a risk.

SECTION 37: [Criminal Records Review Act,

section 24] adds a reference to criminal record check verification.

SECTION 38: [Criminal Records Review Act,

Part 5.1]

provides for the registration of specified organizations,

provides for the deregistration of registered specified organizations, and

sets out the requirements for criminal record checks and criminal record check verifications for applicants for volunteering, volunteers and registered specified organizations.

SECTION 39: [Criminal Records Review Act,

section 27] is self-explanatory.

SECTION 40: [Criminal Records Review Act,

section 27.01] sets out requirements for a criminal record check verification authorization.

SECTION 41: [Criminal Records Review Act,

section 27.1] adds a reference to criminal record check verification.

SECTION 42: [Criminal Records Review Act,

section 28] is consequential to the addition of new sections to the Act by this Bill.

SECTION 43: [Criminal Records Review Act,

section 28.1] is consequential to the addition of a new

section to the Act by this Bill.

SECTION 44: [Criminal Records Review Act,

section 29]

repeals a regulation-making power consequential to the addition of new sections to the Act by this Bill,

adds a number of regulation-making powers, and

provides for the ability to delegate a matter, confer a discretion and make different regulations for different persons and subject matters.

SECTION 45: [Emergency and Health Services Act,

section 6]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

SECTION 46: [Emergency Health and Services Act, sections 6 and 8.1] is self-explanatory.

SECTION 47: [Emergency and Health Services Act,

section 8.1]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

SECTION 48: [Emergency and Health Services Act,

section 9] is consequential to the addition of a new

section to the Act by this Bill.

SECTION 49: [Emergency and Health Services Act,

section 6]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

SECTION 50: [Emergency and Health Services Act,

section 8.1]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

SECTION 51: [Emergency Health Services Act,

section 9] is consequential to the addition of a new

section to the Act by this Bill.

SECTION 52: [Health Professions Act,

section 20]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

SECTION 53: [Health Professions Act,

section 33]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to vulnerable adults.

SECTION 54: [Social Workers Act,

section 13] repeals a provision that is no longer necessary.

SECTION 55: [Supplements Repeal Act, sections 15 to 17] repeals provisions that are no longer necessary.

SECTION 56: [Teachers Act,

section 30]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to financial abuse.

SECTION 57: [Teachers Act,

section 33]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to financial abuse.

SECTION 58: [Teachers Act,

section 35]

is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks, and

adds a reference to financial abuse.

SECTION 59: [Teachers Act,

section 35] is consequential to amendments, made by this Bill to the Criminal Records Review Act , that provide for portability of criminal record checks and adds a reference to financial abuse.

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c) Queen's Printer, Victoria, British Columbia, Canada