1st Session, 42nd Parliament (2020–2021)

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 10th day of March, 2021

Kate Ryan-Lloyd, Clerk of the Legislative Assembly

HONOURABLE DAVID EBY

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR HOUSING

BILL 12 – 2021

MISCELLANEOUS STATUTES (MINOR CORRECTIONS) AMENDMENT ACT, 2021

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

Part 1 – Corrections to In-Force Provisions

Adult Guardianship Act

Section 1 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is amended in the definition of "neglect" by striking out " self neglect " and substituting " self-neglect ".

Carbon Tax Act

Section 51 (1.01) and (1.02) of the Carbon Tax Act, S.B.C. 2008, c. 40, is amended by striking out " issued " and substituting " given ".

Child Care BC Act

Section 12 (2) (

a) of the Child Care BC Act, S.B.C. 2001, c. 4, is amended by striking out " paragraph (c) " and substituting " paragraph (b) ".

Climate Change Accountability Act

Section 12 (2) (b.1) of the Climate Change Accountability Act, S.B.C. 2007, c. 42, is amended by striking out " timeframes " and substituting " time frames ".

Election Amendment Act, 2019

Schedule 2 to the Election Amendment Act, 2019, S.B.C. 2019, c. 42, is amended by striking out " "general voting day" to "final voting day" " and substituting " "general voting" to "final voting" ".

Financial Institutions Act

Section 219.1 (1) (

g) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by striking out " or (p.31). " and substituting " or (p.31), ".

Section 289 (3) (m.1) is amended by striking out "

section 126.17 " and substituting "

section 126.26 (1) ".

Freedom of Information and Protection of Privacy Act

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

(

a) in paragraph (

a) by striking out " (protection of personal information) ",

(

b) in paragraph (

b) by striking out " (storage and access must be in Canada) ",

(

c) in paragraph (

c) by striking out " (obligation to report foreign demand for disclosure) ",

(

d) in paragraph (

d) by striking out " (whistle-blower protection) ",

(

e) in paragraph (

e) by striking out " (unauthorized disclosure prohibited) ",

(

f) in paragraph (e.1) by striking out " (notification of unauthorized disclosure) ",

(

g) in paragraph (

f) by striking out " (disclosure of personal information) ",

(

h) in paragraph (

g) by striking out " (disclosure inside or outside Canada) ",

(

i) in paragraph (

h) by striking out " (disclosure inside Canada only) ", and

(

j) in paragraph (

i) by striking out " (privacy protection offences) ".

Section 8 (2) (

a) is amended by striking out " (information harmful to law enforcement) ".

Section 33.1 (1) (

o) is amended by striking out " (disclosure for archival or historical purposes) ".

Section 69 (8) is amended by striking out " (orders allowing disclosure outside Canada) ".

Section 69.1 (3) (

a) is amended by striking out " (establishment or designation of health information banks) ".

Section 74.1 is amended

(

a) in subsections (1) and (3) (

d) by striking out " (unauthorized disclosure) ",

(

b) in subsections (1) and (3) (

e) by striking out " (notification of unauthorized disclosure) ",

(

c) in subsections (2) (

a) and (3) (

a) by striking out " (location and access in Canada) ",

(

d) in subsections (2) (

b) and (3) (

b) by striking out " (obligation to report foreign demand for disclosure) ", and

(

e) in subsections (2) (

c) and (3) (

c) by striking out " (whistle-blower protection) ".

Schedule 1 is amended in paragraph (

e) of the definition of "associate" by striking out " (Use and Disclosure of Personal Information by Public Bodies) ".

Hospital Act

Section 46 (4.1) (

c) of the Hospital Act, R.S.B.C. 1996, c. 200, is repealed and the following substituted:

(

c) one member

(

i) selected after a merit-based process from among 3 or more individuals nominated by the executive body of the British Columbia College of Nurses and Midwives, and

(ii) authorized to practise the designated health profession of midwifery; .

Interpretation Act

Section 29 of the

Interpretation Act, R.S.B.C. 1996, c. 238, is amended in the definition of "nurse practitioner" by striking out " College of Registered Nurses of British Columbia " and substituting " British Columbia College of Nurses and Midwives ".

Land Owner Transparency Act

Section 67 (3) of the Land Owner Transparency Act, S.B.C. 2019, c. 23, is amended by renumbering subparagraphs (

i) to (iv) as paragraphs (

a) to (d), respectively.

Lobbyists Transparency Act

Section 10.1 (1) and (2) of the Lobbyists Transparency Act, S.B.C. 2001, c. 42, is amended by striking out " an monetary administrative penalty " and substituting " a monetary administrative penalty ".

Milk Industry Act

Section 40 (4) of the Milk Industry Act, R.S.B.C. 1996, c. 289, is amended

(

a) in paragraph (

d) by striking out " exempting " and substituting " exempt ", and

(

b) in paragraph (

e) by striking out " establishing " and substituting " establish ".

Motor Fuel Tax Act

Section 46 (1.01) and (1.02) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by striking out " issued " and substituting " given ".

New Relationship Trust Act

Section 20 (

a) of the New Relationship Trust Act, S.B.C. 2006, c. 6, is amended by striking out " Governance and Disclosure Guidelines for Governing Boards of British Columbia Public Sector Organizations " and substituting " Governance and Disclosure Guidelines for Governing Boards of British Columbia Public Sector Organizations ".

Pension Benefits Standards Act

Section 133 (2) of the Pension Benefits Standards Act, S.B.C. 2012, c. 30, is amended by renumbering paragraph (1.2) as paragraph (l.2).

Provincial Sales Tax Act

Section 25 (2) (a) (vii) (

C) of the Provincial Sales Tax Act, S.B.C. 2012, c. 35, is amended by striking out " becomes due; " and substituting " becomes due, and ".

Section 197 (1.1) and (1.2) is amended by striking out " issued " and substituting " given ".

Section 242 (4) is amended by striking out " Division 6 " wherever it appears and substituting " Division 7 ".

School Act

Section 95.24 (3) of the School Act, R.S.B.C. 1996, c. 412, is amended by striking out "

section 95.24 " and substituting "

section ".

Section 106.1 is amended by striking out " division " and substituting " Division ".

Securities Act

Section 7 (2) and (4) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by striking out " 148 to 150 " and substituting " 148, 149, 150 ".

Section 49 (5) (

c) is amended by striking out " class of securities " and substituting " a class of securities ".

Section 143 (6) (

c) is amended by striking out " system. " and substituting " system ".

Taxation (Rural Area) Act

Section 39 (2) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by striking out " remain unpaid are " and substituting " remain unpaid is ".

Temporary Foreign Worker Protection Act

Section 82 (2) (

g) of the Temporary Foreign Worker Protection Act, S.B.C. 2018, c. 45, is amended by striking out " timeframes " and substituting " time frames ".

Vital Statistics Act

Section 1 of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended by repealing the definition of "midwife" and substituting the following:

"midwife" means a person who is

(

a) registered as a member of the British Columbia College of Nurses and Midwives, and

(

b) authorized to practise the designated health profession of midwifery; .

Water Protection Act

Section 25 (4) of the Water Protection Act, R.S.B.C. 1996, c. 484, is amended by striking out " subsection 140 (2) " and substituting "

section 140 (2) ".

Workers Compensation Act

Section 58 (2) (

c) of the Workers Compensation Act, R.S.B.C. 2019, c. 1, is amended by striking out " reevaluations " and substituting " re-evaluations ".

Section 221 (4) (c) (

i) is amended by striking out "

section 4.3 (1) (a), (

b) or (e) " and substituting "

section 4.3 (1) (a), (

b) or (d.1) ".

Section 265 (1) is amended by striking out " subsection (6) " and substituting " subsection (7) ".

Part 2 – Amendments to Address Inoperative Provisions

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Public Body:

Provincial Rental Housing Corporation

Head:

Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier .

Gas Utility Act

Section 2 (3) (c) (iii) (

C) of the Gas Utility Act, R.S.B.C. 1996, c. 170, is amended by striking out " treaty first nation; " and substituting " treaty first nation, or ".

Section 18 (2) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is amended by striking out " or take other action as authorized in the warrant ".

Land Title Act

Section 182 (1) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out " the covenant, easement or right, " and substituting " the covenant, easement, party wall agreement as defined in

section 223.1, or right, ".

Section 373.52 (6) (

b) is amended by striking out " Highway Act " and substituting " Transportation Act ".

Repeals

43 The following are repealed:

(

a) item 36 of

Schedule 15 to the Attorney General Statutes Amendment Act, 2007, S.B.C. 2007, c. 14;

(

b) section 10 of the Miscellaneous Statutes Amendment Act, 2005, S.B.C. 2005, c. 2;

(

c) section 25 of the Miscellaneous Statutes Amendment Act, 2006, S.B.C. 2006, c. 15;

(

d) section 127 of the Miscellaneous Statutes Amendment Act (No. 2), 2008, S.B.C. 2008, c. 42;

(

e) section 9 (

b) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21;

(

f) section 68 (

b) of the Miscellaneous Statutes Amendment Act (No. 2), 2012, S.B.C. 2012, c. 18;

(

g) section 77 of the Miscellaneous Statutes Amendment Act, 2014, S.B.C. 2014, c. 14;

(

h) section 249 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13.

Commencement

44 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

Sections 15 and 16

September 1, 2020

Section 33

September 1, 2020

Section 38

February 21, 2019

Section 39

February 1, 2021

Section 40

March 30, 2006

Section 41

May 31, 2012

Copyright (

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