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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE SINDI HAWKINS

MINISTER OF HEALTH PLANNING

BILL 19 – 2002

HEALTH PLANNING STATUTES

AMENDMENT ACT, 2002

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

(

a) in

Schedule 2 by striking out the following:

Public Body:

Health Professions Council

Head:

Chair ,

(

b) in

Schedule 2 by striking out the following:

Public Body:

Seniors Advisory Council

Head:

Minister of Health and Minister Responsible for Seniors , and

(

c) in

Schedule 3 by striking out "Board of Hearing Aid Dealers

and Consultants" , "Emergency Medical Assistants Licensing

Board" and "Health Professions Council" .

Health Emergency Act

Section 1 of the Health Emergency Act, R.S.B.C. 1996, c. 182, is amended by repealing the

definitions of

"board" , "emergency medical assistant" and

"profession" .

3 Sections 6 to 9 are repealed.

Section 10 (1) is amended by striking out "or of the

board" .

5 Sections 11, 12 and 13 (2) are repealed.

Section 14 (2) is amended

(

a) by repealing paragraphs (

a) and (b),

(

b) in the first paragraph (

c) by striking out "rendered, or a licence issued," and substituting

"rendered" , and

(

c) by renumbering the second paragraph (

c) and paragraphs (

d) to (

g) as paragraphs (

d) to (

h) respectively.

Section 14 (5) is repealed.

8 The Supplement to the Health Emergency Act is repealed.

Health Professions Act

Section 1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(

a) by repealing the definition of "council" , and

(

b) by adding the following definition:

"minister" includes a person who, to carry out a power, duty or function described in sections 7 to 10,

(

a) is employed in the minister's ministry, or

(

b) is retained on behalf of the minister; .

Part 1 is repealed.

Section 7 is repealed and the following substituted:

Application by health profession association for designation

(1) A health profession association seeking designation of its health profession under this Act must apply to the minister.

(2) An application under subsection (1) must be in the form and contain the information required by the minister and must be submitted with the prescribed fee.

(3) On receiving an application under subsection (1), the minister may

(

a) refuse the application without investigation,

(

b) act under

section 10, or

(

c) conduct an investigation the minister considers necessary to determine whether the health profession should be designated under this Act.

Section 8 is amended by striking out "direct the council

to" .

13 Sections 9 and 10 are repealed and the following substituted:

Investigation regarding possible designation

(1) If the minister decides to conduct an investigation under

section 7 (3) (

c) to determine whether a health profession should be designated under this Act, the minister must give public notice of the investigation in the Gazette.

(2) Without limiting an investigation under this Act, the minister may do one or more of the following for the purposes of the investigation:

(

a) require the health profession association to provide further information;

(

b) examine the directors and officers of the health profession association;

(

c) seek the advice of other associations, organizations or persons;

(

d) if the minister considers the action to be in the best interests of the health profession association or the public, hold hearings the minister considers necessary in a manner the minister determines;

(

e) determine what services practitioners of the health profession provide to persons who require care and treatment within the scope of that health profession;

(

f) evaluate the degree of risk to the health or safety of the public from incompetent, unethical or impaired practice of the health profession;

(

g) evaluate the degree of supervision that may be necessary or desirable for a person practising the health profession;

(

h) assess the degree of supervision that a person practising the health profession receives or is likely to receive with respect to that practice;

(

i) determine what educational programs exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the health profession and evaluate the content of those programs;

(

j) do other things that the minister considers necessary and incidental to the consideration of the application or matter.

(3) If the minister holds a hearing under subsection (2) (d), the minister may order a person to attend the hearing, to give evidence and to produce records in the possession of or under the control of the person.

(4) On application by the minister to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (3) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(5) Subject to the regulations, the minister may charge to a health profession association part of the costs, including the administrative costs, incurred by the minister to conduct an investigation regarding the health profession association's application under

section 7 (1).

Designations

(1) If the minister receives an application under

section 7 (1), the minister must determine whether it would be in the public interest to designate a health profession under this Act, having regard to the information obtained during any investigation and in accordance with the prescribed criteria, if any.

(2) If the minister concludes under subsection (1) that it is contrary to the public interest to designate the applicant a health profession, the minister must refuse the application and provide the applicant with reasons for the refusal.

(3) If the minister determines that it would be in the public interest to designate a health profession under this Act, the minister must

(

a) designate the health profession, and

(

b) specify

(

i) a name for the college established under

section 15 (1) for the health profession,

(ii) one or more titles to be used exclusively by registrants,

(iii) services that may be performed by registrants,

(iv) limitations on the performance of services by registrants,

(

v) services that must only be performed by registrants or performed by or under the supervision of registrants, and

(vi) services that may be performed by a registrant despite a limitation or prohibition under another Act.

Section 11 (

c) is amended by striking out "by the

council" .

Section 25 is repealed and the following substituted:

Reference of a matter for review

(1) The minister may refer any matter respecting a health profession or a college to a person for consideration.

(2) A person must investigate and make recommendations to the minister respecting a matter referred to the person under subsection (1).

(3) For the purposes of an investigation under subsection (2),

(

a) the person has the powers that

section 9 (2) to (4) gives to the minister, and

(

b) a reference in

section 9 (2) to a health profession association is deemed to include reference to a designated health profession.

Hearing Aid Act

16 The Hearing Aid Act, R.S.B.C. 1996, c. 186, is repealed.

Medical Practitioners Act

Section 82 of the Medical Practitioners Act, R.S.B.C. 1996, c. 285, is amended by repealing paragraph (j).

Name Act

18 The Name Act, R.S.B.C. 1996, c. 328, is amended by adding the following section:

Criminal record check

6.1

(1) A person entitled to change his or her name or the name of his or her minor child under

section 4 must, within the 30 day period before the person files an application under

section 7, start a process, satisfactory to the director, for a criminal record check of the person whose name is to be changed.

(2) Subsection (1) applies to a minor child only if the child is at least 18 years of age.

Section 7 is amended by adding the following subsections:

(1.1) In addition to the requirements set out in subsection (1), an applicant for a change of his or her name must file with the director a form that authorizes the director to provide the Royal Canadian Mounted Police with

(

a) the applicant's name and change of name to be registered under this Act,

(

b) the applicant's fingerprints,

(

c) the applicant's date of birth, and

(

d) other personal information of the applicant that is necessary for a criminal record check to be conducted.

(1.2) In addition to the requirements set out in subsection (1), an applicant for a change of name of his or her minor child who is at least 18 years of age must file with the director a form that authorizes the director to provide the Royal Canadian Mounted Police with

(

a) the child's name and change of name to be registered under this Act,

(

b) the child's fingerprints,

(

c) the child's date of birth, and

(

d) other personal information of the child that is necessary for a criminal record check to be conducted.

(1.3) Despite subsection (2) but subject to the regulations, the director must disclose to the Royal Canadian Mounted Police information related to an applicant or his or her child that is described in subsection (1.1) or (1.2), as the case may be, on the change of the applicant's or child's name being registered under

section

Section 17 is amended by adding the following subsection:

(2.1) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations establishing circumstances in which

section 7 (1.3) does not apply.

Seniors Advisory Council Act

21 The Seniors Advisory Council Act, R.S.B.C. 1996, c. 423, is repealed.

Survivorship and Presumption of Death Act

Section 3 of the Survivorship and Presumption of Death Act, R.S.B.C. 1996, c. 444, is amended by adding the following subsection:

(5) The registrar of the court must forward to the Director of Vital Statistics an order made under subsection (1) or (3) within 30 days of the entry of the order.

Vital Statistics Act

Section 3 of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended

(

a) in subsection (6) by adding the following paragraph:

(

d) the child's mother or father, if the application is accompanied by a copy of an order of the court declaring the child's paternity, unless the court orders that the father's particulars are not to be included on the child's registration of birth. , and

(

b) by adding the following subsection:

(6.1) Subsection (6) (

d) does not apply to an order of the court declaring the child's paternity made before October 1, 2002, but

(

a) the mother or father may apply to the court in the proceeding in which the paternity order was made for an order that the father's particulars are to be included on the child's registration of birth, and

(

b) the director must alter the registration of birth on application of the mother or father if the application is accompanied by a copy of an order under paragraph (a).

Section 20 is amended

(

a) by repealing subsection (3), and

(

b) in subsection (4) by striking out everything before "for the purpose" and substituting

"If requested by the Chief Electoral Officer" .

Section 21 is amended

(

a) by renumbering the

section as

section 21 (1), and

(

b) by adding the following subsection:

(2) On receiving a court order that declares a person to be presumed dead, the director must register the death.

Transitionals

Transitional – Health Emergency Act

(1) If a health profession for persons licensed or registered or formerly licensed or registered under the Health Emergency Act is designated under

section 12 of the Health Professions

Act ,

section 36 of the

Interpretation Act applies and the Health Emergency Act is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of this application of

section 36 of the

Interpretation

Act .

(2) For the purposes of this section,

section 36 of the

Interpretation Act applies

(

a) to the board established under

section 17 of the Health Professions Act for the health profession as though the board were, for the purposes of the health profession, the board under the Health Emergency

Act ,

(

b) as circumstances require, to the discipline committee or inquiry committee as defined in

section 1 of the Health Professions Act for the health profession as though the discipline committee or inquiry committee were, for the purposes of the health profession, the board under the Health Emergency

Act ,

(

c) to regulations made under the former enactment as though they were bylaws made under the Health Professions

Act , and

(

d) to a proceeding under the former enactment to investigate or discipline a member or former member of the health profession.

(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment for a health profession.

Transitional – Hearing Aid Act

(1) If a health profession for persons licensed or formerly licensed under the Hearing Aid Act is designated under

section 12 of the Health Professions

Act ,

section 36 of the

Interpretation Act applies and the Hearing Aid Act is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of this application of

section 36 of the

Interpretation

Act .

(2) For the purposes of this section,

section 36 of the

Interpretation Act applies to

(

a) the board established under

section 17 of the Health Professions Act for the health profession as though the board were, for the purposes of the health profession, the board under the Hearing Aid

Act ,

(

b) as circumstances require, the discipline committee or inquiry committee as defined in

section 1 of the Health Professions Act for the health profession as though the discipline committee or inquiry committee were, for the purposes of the health profession, the board under the Hearing Aid

Act ,

(

c) regulations made under the former enactment as though they were bylaws made under the Health Professions

Act , and

(

d) a proceeding commenced under the former enactment to investigate or discipline a member or former member of the health profession.

(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment for a health profession.

Transitional – Name Act

28 The amendments to the Name Act as enacted by this Act do not apply to an application for a change of name if the applicant published a notice of intention under

section 6 of the Name Act before the coming into force of sections 18 to 20 of this Act.

Commencement

(1) This Act, except

section 23, comes into force by regulation of the Lieutenant Governor in Council.

(2) Section 23 comes into force on October 1, 2002.

Explanatory Notes

Freedom of Information and Protection of Privacy Act

SECTION 1: [Freedom of Information and Protection of Privacy Act, amends Schedules 2

and 3] deletes references to governing bodies that will cease to function with

the amendments to the Health Emergency Act and Health Professions Act and

the repeal of the Hearing Aid Act and Seniors Advisory Council Act .

Health Emergency Act

SECTION 2: [Health Emergency Act, amends

section 1] repeals

definitions.

SECTION 3: [Health Emergency Act, repeals sections 6 to 9] repeals sections relating to

the Emergency Medical Assistants Licensing Board.

SECTION 4: [Health Emergency Act, amends

section 10 (1)] removes reference to the

Emergency Medical Assistants Licensing Board.

SECTION 5: [Health Emergency Act, repeals sections 11, 12 and 13 (2)]

repeals provisions that will be redundant when emergency medical assistants

are registered with a college under the Health Professions Act ;

repeals provisions relating to the Emergency Medical Assistants Licensing

Board.

SECTION 6: [Health Emergency Act, amends

section 14 (2)] removes reference to matters

that will be dealt with by a college under the Health Professions Act for

emergency medical assistants and removes references to the Emergency

Medical Assistants Licensing Board and its functions.

SECTION 7: [Health Emergency Act, repeals

section 14 (5)] removes reference to the

Emergency Medical Assistants Licensing Board.

SECTION 8: [Health Emergency Act, repeals the Supplement] is self explanatory.

Health Professions Act

SECTION 9: [Health Professions Act, amends

section 1] repeals the definition of "council"

and adds the definition of "minister".

SECTION 10: [Health Professions Act, repeals

Part 1] repeals provisions for the continuation

of the Health Professions Council.

SECTION 11: [Health Professions Act, re-enacts

section 7] replaces references to the Health

Professions Council with references to the minister.

SECTION 12: [Health Professions Act, amends

section 8] removes a reference to the Health

Professions Council.

SECTION 13: [Health Professions Act, re-enacts sections 9 and 10] replaces references to

the Health Professions Council with references to the minister.

SECTION 14: [Health Professions Act, amends

section 11 (c)] removes a reference to the

Health Professions Council.

SECTION 15: [Health Professions Act, re-enacts

section 25] allows the minister to refer

matters respecting a health profession or a college to a person for review.

Hearing Aid Act

SECTION 16: [Hearing Aid Act, repeals the Act] is self explanatory.

Medical Practitioners Act

SECTION 17: [Medical Practitioners Act, repeals

section 82 (j)] is consequential to the

repeal of

section 11 of the Health Emergency Act.

Name Act

SECTION 18: [Name Act, enacts

section 6.1] adds a provision requiring a person to begin a

criminal record check process satisfactory to the director within the 30 day

period before filing an application under

section 7 of the Act. This requirement

applies to an adult who wishes to change his or her name or the name of his or

her minor child who is at least 18 years old.

SECTION 19: [Name Act, adds

section 7 (1.1) to (1.3)]

adds a requirement that the persons described in

section 6.1 of the Act

as enacted by this Bill file a form with the director that permits certain

information to be shared for the purpose of conducting criminal record checks;

adds a requirement that the director, subject to the regulations, forward

the information that may be shared to the R.C.M.P. once the new name of the

applicant or applicant's child is registered.

SECTION 20: [Name Act, adds

section 17 (2.1)] permits the Lieutenant Governor in Council

to make regulations restricting the application of

section 7 (1.3) of the Act as

enacted by this Bill.

Seniors Advisory Council Act

SECTION 21: [Seniors Advisory Council Act, repeals the Act] is self explanatory.

Survivorship and Presumption of Death Act

SECTION 22: [Survivorship and Presumption of Death Act, adds

section 3 (5)] requires the

registrar of the court to forward to the Director of Vital Statistics an order

declaring a person to be presumed dead.

Vital Statistics Act

SECTION 23: [Vital Statistics Act, amends

section 3] amends the

section to allow either the

mother or the father to have the particulars of paternity included in a child's

birth registration if a court makes an order declaring the paternity of the child.

SECTION 24: [Vital Statistics Act, amends

section 20] amends the

section to reflect a streamlined

system for maintaining the lists of voters. Information about deaths is

provided monthly to the Chief Electoral Officer, but the Chief Electoral Officer

may also obtain information about deaths at any time from the Director of Vital

Statistics.

SECTION 25: [Vital Statistics Act, amends

section 21] requires the Director of Vital Statistics

to register a death after receiving an order of the court declaring a person

to be presumed dead.

SECTION 26: [Transitional – Health Emergency Act] facilitates the transition from the

operation of the Emergency Medical Assistants Licensing Board to operation

of a new college under the Health Professions Act .

SECTION 27: [Transitional – Hearing Aid Act] facilitates the creation of new colleges under

the Health Professions Act for professionals currently licensed under the

Hearing Aid Act .

SECTION 28: [Transitional – Name Act] clarifies that the amendments to the Name Act as

enacted by this Bill apply only to applications for a change of name that are

begun after those amendments come into force.

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© 2002: Queen's Printer, Victoria, British Columbia, Canada