3rd Session, 42nd Parliament

(2022) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DAVID EBY

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR HOUSING

BILL 9 – 2022

ATTORNEY GENERAL STATUTES

AMENDMENT ACT, 2022

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

Civil Resolution Tribunal Act

CLAUSE 1: [Civil Resolution Tribunal Act,

section 13.2] repeals a reference to notices of objection consequential to amendments made by this Bill to the Act.

Section 13.2 (

c) of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is repealed.

CLAUSE 2: [Civil Resolution Tribunal Act,

section 13.5] establishes a limitation period for a request to resolve a claim concerning the determination of the extent to which the initiating party is responsible for an accident.

2 The following

section is added:

Time limit – determination of extent of responsibility for accident

13.5 A party may not make a request under

section 4 [asking the tribunal to resolve a claim] asking the tribunal to resolve a claim referred to in

section 133 (1) (d) [determination of extent of responsibility for accident] more than the prescribed number of days after the date of a prescribed event.

CLAUSE 3: [Civil Resolution Tribunal Act,

section 16.4] repeals references to notices of objection consequential to amendments made by this Bill to the Act.

Section 16.4 (1) is amended

(

a) by striking out " and Division 5 [Objection to Tribunal Small Claim Decision] of

Part 5 [Tribunal Resolution] ", and

(

b) by repealing paragraph (c.1).

CLAUSE 4: [Civil Resolution Tribunal Act,

section 48] repeals references to notices of objection consequential to amendments made by this Bill to the Act.

Section 48 (5) is repealed.

CLAUSE 5: [Civil Resolution Tribunal Act,

section 49] updates a reference to regulations for consistency with amendments made by this Bill to the Act.

Section 49 (3) is amended by adding " , parties, insurers " after " different classes of claim categories, disputes, claims, issues ".

CLAUSE 6: [Civil Resolution Tribunal Act, Division 5 of

Part 5] repeals the Division that sets out the process by which a person may make a notice of objection with respect to a final decision of the tribunal in relation to a tribunal small claim.

6 Division 5 of

Part 5 is repealed.

CLAUSE 7: [Civil Resolution Tribunal Act,

section 58.1] repeals references to notices of objection consequential to amendments made by this Bill to the Act.

Section 58.1 (3) is repealed.

CLAUSE 8: [Civil Resolution Tribunal Act,

section 62] corrects a paragraph reference.

Section 62 (2) (m) (

i) is amended by striking out "

section 93 (2) (l) " and substituting "

section 93 (2) (f) ".

CLAUSE 9: [Civil Resolution Tribunal Act,

section 93] authorizes the Lieutenant Governor in Council to make regulations

prescribing the limitation period for a request to resolve a claim concerning responsibility for an accident,

respecting claims regarding the determination of entitlement to benefits under the Insurance (Vehicle) Act and respecting claims regarding the determination of responsibility for an accident, and

prescribing insurers for the purposes of a claim concerning responsibility for an accident.

Section 93 (2) is amended by adding the following paragraphs:

(b.1) prescribing an event and the number of days in relation to the event for the purposes of

section 13.5 [time limit – determination of extent of responsibility for accident] ;

(e.1) respecting claims referred to in

section 133 (1) (

a) and (d) [claims within jurisdiction of tribunal for accident claims] , including respecting any matters required to be proven and the onus of proof with respect to any matters required to be proven;

(e.2) prescribing insurers for the purposes of

section 133 (1) (d); .

CLAUSE 10: [Civil Resolution Tribunal Act,

section 93] repeals a regulation-making power consequential to amendments made by this Bill to the Act.

Section 93 (2) (

c) is repealed.

CLAUSE 11: [Civil Resolution Tribunal Act,

section 93] authorizes the Lieutenant Governor in Council to make different regulations for different classes of parties, events and insurers.

Section 93 (3) is amended by adding " , parties, events, insurers " after " different classes of claim categories, disputes, claims, issues ".

CLAUSE 12: [Civil Resolution Tribunal Act,

section 132] amends the definition of "accident" consequential to amendments made by this Bill to the Act.

Section 132 is amended in the definition of "accident"

(

a) in paragraph (

a) by adding " or a determination of responsibility referred to in

section 133 (1) (d) " after " the benefits referred to in

section 133 (1) (a) ",

(

b) by striking out " or " at the end of paragraph (a),

(

c) by adding " , and " at the end of paragraph (b) (ii), and

(

d) by adding the following paragraph:

(

c) in respect of a determination of responsibility referred to in

section 133 (1) (

d) of this Act, has the same meaning as in

section 1.1 of the Insurance (Vehicle) Act ; .

CLAUSE 13: [Civil Resolution Tribunal Act,

section 132] adds

definitions of "Insurance Corporation of British Columbia" and "insurer" for the purposes of Division 7 of

Part 10 of the Act.

Section 132 is amended by adding the following

definitions:

"Insurance Corporation of British Columbia" means the Insurance Corporation of British Columbia continued by the Insurance Corporation Act ;

"insurer" has the same meaning as in

section 1 of the Insurance (Vehicle) Act ; .

CLAUSE 14: [Civil Resolution Tribunal Act,

section 133]

provides that the tribunal has jurisdiction in a dispute, in respect of an accident, over a claim concerning the determination of the extent to which the initiating party is responsible for the accident;

amends provisions for clarity and consistency with amendments made by this Bill to the Act.

Section 133 is amended

(

a) in subsection (1) (

a) by adding " by an insurer " after " the determination ",

(

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

(

d) the determination by the Insurance Corporation of British Columbia or a prescribed insurer of the extent to which the initiating party is responsible for the accident. , and

(

c) in subsection (2) (

b) by adding " or (d) " after " subsection (1) (c) ".

Legal Profession Act

CLAUSE 15: [Legal Profession Act,

section 62] amends the

section to add rules, set by the board of governors of the Law Foundation of British Columbia, pertaining to the rate of interest on trust accounts held by lawyers and law firms and any charges or fees charged to the foundation in respect of those accounts.

Section 62 (1) of the Legal Profession Act, S.B.C. 1998, c. 9, is repealed and the following substituted:

(1) A lawyer or law firm must deposit money received or held in trust in an interest bearing trust account

(

a) at a savings institution designated under

section 33 (3) (b), and

(

b) that is in compliance with subsection (1.1) of this section.

(1.1) A trust account referred to in subsection (1) must bear interest at a rate approved by the board and any charges or fees charged to the foundation in respect of the account must be charged at an amount approved by the board.

CLAUSE 16: [Legal Profession Act,

section 63] ensures that the rules set by the foundation added by clause 15 operate in conjunction with the rules that may be set by the benchers in respect of trust accounts.

Section 63 (2) (

a) is amended by adding " subject to the interest rate and amount for any fees or charges approved by the board under

section 62 (1.1), " before " use an approved form of agreement ".

Notaries Act

CLAUSE 17: [Notaries Act,

section 29] makes a minor amendment to spell the ordinal number and align with current drafting style.

Section 29 (3) of the Notaries Act, R.S.B.C., 1996, c. 334 is amended by striking out " 14th day " and substituting " fourteenth day ".

CLAUSE 18: [Notaries Act,

section 52] repeals a paragraph that describes a purpose of the foundation.

Section 52 (1) (

f) is repealed.

CLAUSE 19: [Notaries Act,

section 54] amends the

section to add rules, set by the board of governors of the Notary Foundation, pertaining to the rate of interest on trust accounts held by notaries and any charges or fees charged to the foundation in respect of those accounts.

Section 54 (1) is repealed and the following substituted:

(1) A member must deposit money received from or held for or on behalf of the member's clients generally in an interest bearing trust account

(

a) at a savings institution referred to in

section 23 (2), and

(

b) that is in compliance with subsection (1.1) of this section.

(1.1) A trust account referred to in subsection (1) must bear interest at a rate approved by the board of governors and any charges or fees charged to the foundation in respect of the account must be charged at an amount approved by the board of governors.

Transitional Provisions

CLAUSE 20: [Civil Resolution Tribunal Act transition – notice of objection] provides that the specified provisions of the Civil Resolution Tribunal Act and the regulations relating to notices of objection continue to apply in specified circumstances.

Civil Resolution Tribunal Act transition – notice of objection

(1) In this section:

"final decision" has the same meaning as in

section 1 (1) of the Civil Resolution Tribunal Act ;

"tribunal small claim" has the same meaning as in

section 1 (1) of the Civil Resolution Tribunal Act .

(2) The following provisions of the Civil Resolution Tribunal Act , as they read on June 30, 2022, continue to apply in respect of a tribunal small claim if a final decision in relation to the tribunal small claim is effective under

section 50 [when final decision is effective] of that Act before July 1, 2022:

(

a) section 13.2 (c);

(

b) section 16.4 (1);

(c)

section 48 (5);

(

d) Division 5 of

Part 5;

(

e) section 58.1 (3).

(3) The regulations made under

section 93 (2) (

c) of the Civil Resolution Tribunal Act , as they read on June 30, 2022, continue to apply in respect of a tribunal small claim if a final decision in relation to the tribunal small claim is effective under

section 50 of that Act before July 1, 2022.

Commencement

21 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 1

July 1, 2022

Section 2

By regulation of the Lieutenant Governor in Council

Sections 3 and 4

July 1, 2022

Section 5

By regulation of the Lieutenant Governor in Council

Sections 6 and 7

July 1, 2022

Section 9

By regulation of the Lieutenant Governor in Council

Section 10

July 1, 2022

Sections 11 to 14

By regulation of the Lieutenant Governor in Council

Section 20

July 1, 2022

Explanatory Notes

CLAUSE 1: [Civil Resolution Tribunal Act,

section 13.2] repeals a reference to notices of objection consequential to amendments made by this Bill to the Act.

CLAUSE 2: [Civil Resolution Tribunal Act,

section 13.5] establishes a limitation period for a request to resolve a claim concerning the determination of the extent to which the initiating party is responsible for an accident.

CLAUSE 3: [Civil Resolution Tribunal Act,

section 16.4] repeals references to notices of objection consequential to amendments made by this Bill to the Act.

CLAUSE 4: [Civil Resolution Tribunal Act,

section 48] repeals references to notices of objection consequential to amendments made by this Bill to the Act.

CLAUSE 5: [Civil Resolution Tribunal Act,

section 49] updates a reference to regulations for consistency with amendments made by this Bill to the Act.

CLAUSE 6: [Civil Resolution Tribunal Act, Division 5 of

Part 5] repeals the Division that sets out the process by which a person may make a notice of objection with respect to a final decision of the tribunal in relation to a tribunal small claim.

CLAUSE 7: [Civil Resolution Tribunal Act,

section 58.1] repeals references to notices of objection consequential to amendments made by this Bill to the Act.

CLAUSE 8: [Civil Resolution Tribunal Act,

section 62] corrects a paragraph reference.

CLAUSE 9: [Civil Resolution Tribunal Act,

section 93] authorizes the Lieutenant Governor in Council to make regulations

prescribing the limitation period for a request to resolve a claim concerning responsibility for an accident,

respecting claims regarding the determination of entitlement to benefits under the Insurance (Vehicle) Act and respecting claims regarding the determination of responsibility for an accident, and

prescribing insurers for the purposes of a claim concerning responsibility for an accident.

CLAUSE 10: [Civil Resolution Tribunal Act,

section 93] repeals a regulation-making power consequential to amendments made by this Bill to the Act.

CLAUSE 11: [Civil Resolution Tribunal Act,

section 93] authorizes the Lieutenant Governor in Council to make different regulations for different classes of parties, events and insurers.

CLAUSE 12: [Civil Resolution Tribunal Act,

section 132] amends the definition of "accident" consequential to amendments made by this Bill to the Act.

CLAUSE 13: [Civil Resolution Tribunal Act,

section 132] adds

definitions of "Insurance Corporation of British Columbia" and "insurer" for the purposes of Division 7 of

Part 10 of the Act.

CLAUSE 14: [Civil Resolution Tribunal Act,

section 133]

provides that the tribunal has jurisdiction in a dispute, in respect of an accident, over a claim concerning the determination of the extent to which the initiating party is responsible for the accident;

amends provisions for clarity and consistency with amendments made by this Bill to the Act.

CLAUSE 15: [Legal Profession Act,

section 62] amends the

section to add rules, set by the board of governors of the Law Foundation of British Columbia, pertaining to the rate of interest on trust accounts held by lawyers and law firms and any charges or fees charged to the foundation in respect of those accounts.

CLAUSE 16: [Legal Profession Act,

section 63] ensures that the rules set by the foundation added by clause 15 operate in conjunction with the rules that may be set by the benchers in respect of trust accounts.

CLAUSE 17: [Notaries Act,

section 29] makes a minor amendment to spell the ordinal number and align with current drafting style.

CLAUSE 18: [Notaries Act,

section 52] repeals a paragraph that describes a purpose of the foundation.

CLAUSE 19: [Notaries Act,

section 54] amends the

section to add rules, set by the board of governors of the Notary Foundation, pertaining to the rate of interest on trust accounts held by notaries and any charges or fees charged to the foundation in respect of those accounts.

CLAUSE 20: [Civil Resolution Tribunal Act transition – notice of objection] provides that the specified provisions of the Civil Resolution Tribunal Act and the regulations relating to notices of objection continue to apply in specified circumstances.

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