4th Session, 42nd Parliament

(2023) THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 15th day of February, 2023

Kate Ryan-Lloyd, Clerk of the Legislative Assembly

HONOURABLE NIKI SHARMA

ATTORNEY GENERAL

BILL 3 – 2023

MISCELLANEOUS STATUTES AMENDMENT ACT, 2023

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

Part 1 – Attorney General Amendments

Validation and Confirmation Provision

Confirmation of statutes correction regulation

1 B.C. Reg. 103/2022 is validated and the corrections made by that regulation are confirmed and given continuing effect.

Part 2 – Citizens' Services Amendments

Freedom of Information and Protection of Privacy Act

Section 3 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(

a) by repealing subsection (4) and substituting the following:

(4) Despite subsection (3) (f), in respect of a record that is created by or for, or is in the custody or under the control of, an officer of the Legislature and that relates to the exercise of functions under

an Act, the following sections apply to the officer of the Legislature, including all employees of the officer of the Legislature and, in the case of an employee that is a service provider, all employees and associates of the service provider:

(

a) section 25.1 [unauthorized collection, use and disclosure of personal information prohibited] as it relates to unauthorized disclosure of personal information;

(

b) section 30 [protection of personal information] ;

(

c) section 30.3 [whistle-blower protection] ;

(

d) section 30.5 (2) [notification of unauthorized disclosure] ;

(

e) section 33 [disclosure of personal information] ;

(

f) section 33.1 [disclosure outside of Canada] ;

(

g) section 65.3 [offence to wilfully evade access provisions] ;

(

h) section 65.4 [privacy offences] ;

(

i) section 65.5 [corporate liability] ;

(

j) section 65.6 [penalties] . , and

(

b) by adding the following subsection:

(4.1) Despite subsection (3) (g), in respect of a record that was created by or for the auditor general under the Auditor General for Local Government Act and that relates to the exercise of functions under that Act, the sections listed in subsection (4) (

a) to (

j) of this

section apply to a public body, including all employees, officers or directors of the public body and, in the case of an employee that is a service provider, all employees and associates of the service provider, that has the record in its custody or under its control.

Part 3 – Environment and Climate Change Strategy Amendments

Ecological Reserve Act

Section 5.1 (6) of the Ecological Reserve Act, R.S.B.C. 1996, c. 103, is amended by striking out " the minister may cancel or modify a permit issued under this

section " and substituting " the minister may suspend, modify or cancel a permit issued under this

section ".

CLAUSE 4: [Ecological Reserve Act, sections 6.1 to 6.5 and 7.01] establishes an administrative penalty scheme within the Act that does all of the following:

provides for the appointment of a director and the delegation of specified powers and duties to a director;

authorizes the imposition of an administrative penalty in specified circumstances;

provides for the payment of administrative penalties and requires revenue received by the government to be paid into the Park Enhancement Fund special account;

prevents a person from being prosecuted for an offence under the Act if the person is subject to an administrative penalty for the same contravention;

ensures that specified persons who authorize, permit or acquiesce in a contravention or failure by a corporation are also liable for an administrative penalty;

provides for the recovery of an administrative penalty, as a debt due to the government, by filing a certificate in court, and specifies the effect of such a certificate;

provides for the appeal of specified decisions to the Environmental Appeal Board established under the Environmental Management Act and applies provisions of that Act in relation to the appeal;

authorizes the Lieutenant Governor in Council to make regulations related to the administrative penalty scheme added by this Bill to the Act.

4 The following sections are added:

Designation and delegation by minister

6.1

(1) The minister may designate as a director a person appointed under the Public Service Act .

(2) The minister may delegate to a director designated under subsection (1) any of the minister's powers or duties under sections 6.2 to 6.4.

Administrative penalties

6.2

(1) After providing a person with an opportunity to be heard, the minister may, in accordance with the regulations, impose an administrative penalty on the person if the minister is satisfied on a balance of probabilities that the person has

(

a) contravened a prescribed provision of the regulations, or

(

b) failed to comply with a term or condition of a permit issued under this Act.

(2) An administrative penalty imposed under this

section must be paid to the government within the prescribed time and in accordance with any other prescribed requirements.

(3) If, under this section, the minister imposes an administrative penalty on a person, a prosecution for an offence under this Act in respect of the same contravention may not be brought against the person.

(4) If a corporation contravenes a prescribed provision of the regulations or fails to comply with a term or condition of a permit, as described in subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention or failure is liable for an administrative penalty under this

section even if the corporation is liable for or pays an administrative penalty.

(5) All revenue the government derives from administrative penalties imposed under this

section must be paid into the Park Enhancement Fund special account established by

section 9.6 (2) of the Special Accounts Appropriation and Control Act .

Compliance agreements

6.3

(1) Before the date an administrative penalty under

section 6.2 is due, the minister may, in accordance with the regulations, enter into an agreement with the person who is liable for the administrative penalty.

Recovery of administrative penalties

6.4

(1) An administrative penalty under

section 6.2 may be recovered as a debt due to the government.

(2) If a person fails to pay an administrative penalty as required under

section 6.2, the minister may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

(3) A certificate under subsection (2) must be signed by the minister and must contain the following information:

(

a) the name of the person who is liable for the administrative penalty;

(

b) particulars of the administrative penalty;

(

c) the amount of the administrative penalty.

Appeals in relation to administrative penalties

6.5

(1) In this section, "appeal board" means the Environmental Appeal Board continued under

section 93 of the Environmental Management Act .

(2) A person who is liable for an administrative penalty under

section 6.2 may appeal the following decisions under this Act to the appeal board:

(

a) a decision of the minister, under

section 6.2 (1), to impose the administrative penalty on the person;

(

b) a decision of the minister, under

section 6.3 (3), that the person failed to perform a term or condition of an agreement under

section 6.3 (1).

(3) The following provisions of the Environmental Management Act apply in relation to an appeal under this section:

(

a) section 93.1 [application of Administrative Tribunals Act ] ;

(

b) section 94 [parties and witnesses] ;

(

c) section 96 [decision of appeal board] ;

(

d) section 97 [varying and rescinding orders of appeal board] ;

(

e) section 98 [appeal board power to enter property] ;

(

f) section 101 [time limit for commencing appeal] ;

(g)

section 102 (2) [procedure on appeals – new hearing] ;

(

h) section 103 [powers of appeal board in deciding appeal] .

Regulations in relation to administrative penalties

7.01 Without limiting

section 7, the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing provisions of the regulations in relation to the contravention of which an administrative penalty may be imposed;

(

b) prescribing, in relation to a contravention or failure referred to in

section 6.2 (1) [administrative penalties] , whether an administrative penalty must be cancelled if the person on whom it was imposed demonstrates to the satisfaction of the minister that the person exercised due diligence to prevent the specified contravention or failure;

(

c) prescribing a limitation period for imposing an administrative penalty and evidentiary matters in relation to that period;

(

d) establishing procedures to be applied by the minister in relation to the imposition of an administrative penalty;

(

e) establishing procedures for providing an opportunity to be heard, including procedures for opportunities that do not involve an oral hearing;

(

f) prescribing a

schedule of administrative penalties that may be imposed and the matters that must be considered by the minister in establishing an administrative penalty in a particular case;

(

g) establishing the required content of notices related to administrative penalties;

(

h) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures;

(

i) respecting time limits, and the manner and process, for paying administrative penalties;

(

j) prescribing the consequences for failing to pay an administrative penalty, which may include, but are not limited to, imposing additional administrative penalties under

section 6.2;

(

k) providing for the publication of information respecting the imposition of an administrative penalty;

(

l) respecting agreements under

section 6.3 [compliance agreements] .

Section 7.1 is amended by adding the following subsection:

(4) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.

Park Act

6 The Park Act, R.S.B.C. 1996, c. 344, is amended by adding the following sections:

Administrative penalties

27.1

(1) After providing a person with an opportunity to be heard, the minister may, in accordance with the regulations, impose an administrative penalty on the person if the minister is satisfied, on a balance of probabilities, that the person has

(

a) contravened a prescribed provision of this Act or the regulations,

(

b) failed to comply with a term or condition of a permit issued under this Act, other than a permit issued by a park board, or

(

c) failed to wholly or perfectly comply with an order under

section 17 or 33 (6).

(2) An administrative penalty imposed under this

section must be paid to the government within the prescribed time and in accordance with any other prescribed requirements.

(3) If, under this section, the minister imposes an administrative penalty on a person, a prosecution for an offence under this Act in respect of the same contravention may not be brought against the person.

(4) If a corporation contravenes a prescribed provision of the regulations or fails to comply with a term or condition of a permit or with an order, as described in subsection (1), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention or failure is liable for an administrative penalty under this

section even if the corporation is liable for or pays an administrative penalty.

(5) All revenue the government derives from administrative penalties imposed under this

section must be paid into the Park Enhancement Fund special account established by

section 9.6 (2) of the Special Accounts Appropriation and Control Act .

Compliance agreements

27.2

(1) Before the date an administrative penalty under

section 27.1 is due, the minister may, in accordance with the regulations, enter into an agreement with the person who is liable for the administrative penalty.

Recovery of administrative penalties

27.3

(1) An administrative penalty under

section 27.1 may be recovered as a debt due to the government.

(2) If a person fails to pay an administrative penalty as required under

section 27.1, the minister may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

(3) A certificate under subsection (2) must be signed by the minister and must contain the following information:

(

a) the name of the person who is liable for the administrative penalty;

(

b) particulars of the administrative penalty;

(

c) the amount of the administrative penalty.

Appeals in relation to administrative penalties

27.4

(1) In this section, "appeal board" means the Environmental Appeal Board continued under

section 93 of the Environmental Management Act .

(2) A person who is liable for an administrative penalty under

section 27.1 may appeal the following decisions under this Act to the appeal board:

(

a) a decision of the minister, under

section 27.1 (1), to impose the administrative penalty on the person;

(

b) a decision of the minister, under

section 27.2 (3), that the person failed to perform a term or condition of an agreement under

section 27.2 (1).

(3) The following provisions of the Environmental Management Act apply in relation to an appeal under this section:

(

a) section 93.1 [application of Administrative Tribunals Act ] ;

(

b) section 94 [parties and witnesses] ;

(

c) section 96 [decision of appeal board] ;

(

d) section 97 [varying and rescinding orders of appeal board] ;

(

e) section 98 [appeal board power to enter property] ;

(

f) section 101 [time limit for commencing appeal] ;

(g)

section 102 (2) [procedure on appeals – new hearing] ;

(

h) section 103 [powers of appeal board in deciding appeal] .

Section 28 is amended by adding the following subsection:

(4.1) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.

8 The following

section is added:

Regulations in relation to administrative penalties

29.01 Without limiting

section 29, the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing provisions of the regulations in relation to the contravention of which an administrative penalty may be imposed;

(

b) prescribing, in relation to a contravention or failure referred to in

section 27.1 (1) [administrative penalties] , whether an administrative penalty must be cancelled if the person on whom it was imposed demonstrates to the satisfaction of the minister that the person exercised due diligence to prevent the specified contravention or failure;

(

c) prescribing a limitation period for imposing an administrative penalty and evidentiary matters in relation to that period;

(

d) establishing procedures to be applied by the minister in relation to the imposition of an administrative penalty;

(

e) establishing procedures for providing an opportunity to be heard, including procedures for opportunities that do not involve an oral hearing;

(

f) prescribing a

schedule of administrative penalties that may be imposed and the matters that must be considered by the minister in establishing an administrative penalty in a particular case;

(

g) establishing the required content of notices related to administrative penalties;

(

h) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures;

(

i) respecting time limits, and the manner and process, for paying administrative penalties;

(

j) prescribing the consequences for failing to pay an administrative penalty, which may include, but are not limited to, imposing additional administrative penalties under

section 27.1;

(

k) providing for the publication of information respecting the imposition of an administrative penalty;

(

l) respecting agreements under

section 27.2 [compliance agreements] .

Protected Areas of British Columbia Act

Schedule E of the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, is amended in the description of Thorsen Creek Conservancy

(

a) by striking out " Plan 11 Tube 1967 " and substituting " Plan 3 Tube 2025 ", and

(

b) by striking out " 8 504 hectares " and substituting " 8 490 hectares ".

Special Accounts Appropriation and Control Act

Section 9.6 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended

(

a) in subsection (3) by adding the following paragraph:

(a.1) money received by the minister as payment of an administrative penalty imposed under

section 6.2 of the Ecological Reserve Act or

section 27.1 of the Park Act ; ,

(

b) in subsection (4) by adding the following paragraph:

(

h) subject to subsection (7), defraying the costs of investigating and remedying contraventions and failures in relation to which an administrative penalty may be imposed under

section 6.2 of the Ecological Reserve Act or

section 27.1 of the Park Act . , and

(

c) by adding the following subsection:

(7) An amount paid under subsection (4) (

h) must not exceed the amount in the special account that is attributable to administrative penalties imposed under

section 6.2 of the Ecological Reserve Act and

section 27.1 of the Park Act .

Part 4 – Health Amendments

Hospital Act

Section 46 (4.1) (

d) of the Hospital Act, R.S.B.C. 1996, c. 200, is amended by striking out " British Columbia Medical Association " and substituting " Association of Doctors of BC ".

Medicare Protection Act

12 Sections 3 (1) (

a) and (

b) and 6 (1) (

a) of the Medicare Protection Act, R.S.B.C. 1996, c. 286, are amended by striking out " British Columbia Medical Association " and substituting " Association of Doctors of BC ".

Part 5 – Municipal Affairs Amendments

Local Government Act

13 The Local Government Act, R.S.B.C. 2015, c. 1, is amended by adding the following section:

Owners must be given notice before tax sale

647.1

(1) At least 60 days before the date of the annual tax sale, the collector must, in relation to any property subject to tax sale, give written notice, either by serving the notice or by sending it by registered mail, to persons registered in the land title office as

(

a) owner of the fee simple of the property, or

(

b) owner of a charge on the property.

(2) A notice under subsection (1) must include the following:

(

a) the time and place of the annual tax sale;

(

b) the legal description and street address, if any, of the property subject to tax sale;

(

c) the amount of all taxes owing to the municipality on the property and the amount of interest to the date of the annual tax sale;

(

d) the upset price of the property for the purpose of the tax sale;

(

e) a statement that, if the amounts referred to in

section 649 (1) (

a) and (b) [upset price for tax sale] are not paid before the annual tax sale, the collector will offer the property for sale by public auction at the time and place stated in the notice;

(

f) a statement that, if the property is sold at the annual tax sale, a right of redemption will remain in the owner or holder of the charge until the end of the redemption period.

(3) On application, the Supreme Court may order that a notice under subsection (1) may be served by substituted service in accordance with the order.

(4) The collector must retain a copy of each notice under subsection (1).

Section 657 (3) is amended by adding " and

section 647.1 [owners must be given notice before tax sale] " after " set out in subsection (1) ".

Section 666 (2) (

c) is amended by striking out "

section 657 [notice of tax sale and redemption period] " and substituting "

section 647.1 [owners must be given notice before tax sale] or 657 [owners must be given notice of tax sale and redemption period] ".

Part 6 – Public Safety and Solicitor General Amendments

Insurance Corporation Act

Section 57 (2) (

a) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out " Judicial Review and Procedure Act " and substituting " Judicial Review Procedure Act ".

Commencement

17 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 2

November 25, 2021

Sections 3 to 8

By regulation of the Lieutenant Governor in Council

Section 10

By regulation of the Lieutenant Governor in Council

Sections 13 to 15

By regulation of the Lieutenant Governor in Council

Section 16

June 4, 2021

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