British Columbia Bill 14 (Government) — 2nd Parliament, 40th Session — Previous Version 1
2-40 Gov Bill 14-1
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2014 Legislative Session: 2nd Session, 40th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE SUZANNE ANTON
MINISTER OF JUSTICE
BILL 14 – 2014
JUSTICE STATUTES AMENDMENT ACT, 2014
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Adult Guardianship Act
SECTION 1: [Adult Guardianship Act,
section 32]
requires adults and their spouses or near relatives to be given notice and an opportunity to respond respecting the issuing of a certificate of incapability in respect of the adult;
requires a health authority designate to advise adults and their spouses or near relatives that a certificate of incapability has been issued and to offer them a copy of the certificate;
provides that the Public Guardian and Trustee is an adult's statutory property guardian as of the date on which the certificate of incapability is signed by the health authority designate;
clarifies that the Public Guardian and Trustee cannot become an adult's statutory property guardian if the adult has a committee under the Patients Property Act .
Section 32 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, as enacted by
section 4 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, is amended
(
a) in subsection (3) by striking out " , after consultation with the Public Guardian and Trustee, ",
(
b) by adding the following subsections:
(3.1) A health authority designate must not issue a certificate of incapability unless the health authority designate has first
(
a) consulted with the Public Guardian and Trustee,
(
b) notified the adult and, if contact information is known to the health authority designate, the adult's spouse or a near relative of the adult of the intention to issue the certificate and the reasons for issuing it, and
(
c) given each person who received notice under paragraph (
b) a reasonable opportunity to respond.
(3.2) Despite subsection (3.1) (b), notification need not be given to the adult, to another person referred to in that subsection, or to either the adult or another person referred to in that subsection, if the health authority designate has reason to believe that notification may result in
(
a) serious physical or mental harm to the adult, or
(
b) significant damage or loss to the adult's property. ,
(
c) by repealing subsections (4) to (6) and substituting the following:
(4) If the health authority designate issues a certificate of incapability, the health authority designate must do all of the following:
(
a) forward the certificate to the Public Guardian and Trustee;
(
b) advise the adult and, if contact information is known to the health authority designate, the adult's spouse or a near relative of the adult that a certificate of incapability in respect of the adult has been issued, and provide each of them with a copy of the certificate.
(5) The Public Guardian and Trustee is the adult's statutory property guardian as of the date on which the certificate of incapability was signed by the health authority designate who issued it. , and
(
d) by repealing subsection (7) and substituting the following:
(7) This
section does not apply if the adult has a committee, appointed under the Patients Property Act , responsible for managing the adult's affairs.
SECTION 2: [Adult Guardianship Act,
section 32] clarifies that the Public Guardian and
Trustee cannot become an adult's statutory property guardian if the adult has a
property guardian.
Section 32 (7), as enacted by
section 1 of this Act, is repealed and the following substituted:
(7) This
section does not apply if the adult has a property guardian.
SECTION 3: [Adult Guardianship Act,
section 33] requires the Public Guardian and
Trustee to advise the adult that a statutory property guardian may make decisions
respecting the adult's financial affairs.
Section 33 (2) (b) (i), as enacted by
section 4 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, is amended by striking out " , and " and substituting " and may make decisions respecting the adult's financial affairs, and ".
SECTION 4: [Adult Guardianship Act,
section 34] authorizes requests for reassessment to
be given to the body that appointed a health authority designate.
Section 34 (b), as enacted by
section 4 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, is amended by striking out " the health authority designate " and substituting " the body that designated the health authority designate who issued the certificate of incapability ".
SECTION 5: [Adult Guardianship Act,
section 35]
provides that the body that appointed a health authority designate, and a committee under the Patients Property Act , is a party to a review of a determination of incapability;
removes a reference to the authority of a statutory property guardian.
Section 35, as enacted by
section 4 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, is amended
(
a) by repealing subsection (2) (
b) and substituting the following:
(
b) the body that designated the health authority designate who issued the certificate of incapability; ,
(
b) in subsection (2) (
c) by striking out " the adult's personal guardian. " and substituting " a person appointed, under the Patients Property Act , as committee for the adult following a declaration under that Act that the adult is incapable of managing himself or herself. ", and
(
c) in subsection (4) (
b) by striking out " the authority of the statutory property guardian is ended. " and substituting " the statutory property guardianship is ended. "
SECTION 6: [Adult Guardianship Act,
section 35] provides that an adult's personal guardian
may be a party to a review of a determination of incapability.
Section 35 (2) (c), as amended by
section 5 of this Act, is amended by striking out " a person appointed, under the Patients Property Act , as committee for the adult following a declaration under that Act that the adult is incapable of managing himself or herself. ", and substituting " the adult's personal guardian. "
SECTION 7: [Adult Guardianship Act,
section 37]
provides that statutory property guardianship ends if a committee is appointed under the Patients Property Act ;
removes references to the authority of a statutory property guardian.
Section 37, as enacted by
section 4 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, is amended
(
a) in subsection (3) by striking out " The authority of an adult's statutory property guardian ends if " and substituting " Statutory property guardianship ends if ",
(
b) by repealing subsection (3) (
d) and substituting the following:
(
d) the court appoints, under the Patients Property Act , a committee responsible for managing the adult's affairs. ,
(
c) in subsection (4) by striking out " If the authority of an adult's statutory property guardian ends " and substituting " If statutory property guardianship ends ", and
(
d) in subsection (5) by striking out " before the authority of the adult's statutory property guardian ends. " and substituting " before the end of the statutory property guardianship. "
SECTION 8: [Adult Guardianship Act,
section 37] provides that statutory property guardianship
ends if a property guardian is appointed.
Section 37 (3) (d), as enacted by
section 7 of this Act, is repealed and the following substituted:
(
d) the court appoints a property guardian for the adult.
SECTION 9: [Adult Guardianship Act,
section 63] provides regulation-making powers in
respect of qualified health care providers, health authority designates and
assessments of incapability, and in respect of notices and responses respecting
certificates of incapability.
Section 63 (2), as enacted by
section 17 of the Adult Guardianship and Planning Statutes Amendment Act, 2007, S.B.C. 2007, c. 34, is amended
(
a) by adding the following paragraph:
(a.1) permitting a regional health board prescribed under paragraph (
a) to authorize, by bylaw approved by the minister responsible for the Health Authorities Act , an employee to make the designation referred to in paragraph (
a) on behalf of the regional health board; ,
(
b) by repealing (
b) and (
c) and substituting the following:
(
b) for the purpose of the definition of "health care provider" in
section 1, prescribing Acts for the purposes of
Part 2.1 and for the purposes of
Part 3;
(
c) prescribing classes of health care providers whose members may act as qualified health care providers, and conferring a discretion on bodies that regulate health care providers to put limits or conditions on those whom they regulate respecting eligibility to act as qualified health care providers; ,
(
c) in paragraph (
d) by adding the following subparagraph:
(i.1) prescribing procedures if an assessment or part of an assessment is carried out by more than one qualified health care provider, , and
(
d) by adding the following paragraphs:
(d.01) respecting requests by a qualified health care provider to other qualified persons for the purposes of seeking advice respecting an assessment;
(o.1) respecting the service and content of a notice, and the opportunity to respond, for the purposes of
section 32 (3.1), including respecting deemed receipt of a notice; .
Family Law Act
SECTION 10: [Family Law Act,
section 52] removes unnecessary words.
Section 52 (2) of the Family Law Act, S.B.C. 2011, c. 25, is amended
(
a) in paragraph (
b) by striking out " temporary ", and
(
b) in paragraph (
c) by striking out " permanent ".
SECTION 11: [Family Law Act,
section 83] clarifies the application of sections 84 and 85 of
the Act in relation to trusts.
Section 83 is amended by adding the following subsections:
(3) For the purposes of this Part, property received by a spouse from a trust in respect of the spouse's beneficial interest in property held in the trust must be considered to be property derived from that beneficial interest.
(4) In this Part, "property" includes a beneficial interest in property unless a contrary intention appears.
SECTION 12: [Family Law Act,
section 84] clarifies the application of this
section in relation
to trusts.
Section 84 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) Subject to
section 85 [excluded property] , family property is all real property and personal property as follows:
(
a) on the date the spouses separate,
(
i) property that is owned by at least one spouse, or
(ii) a beneficial interest of at least one spouse in property;
(
b) after separation,
(
i) property acquired by at least one spouse if the property is derived from property referred to in paragraph (a) (
i) or from a beneficial interest referred to in paragraph (a) (ii), or from the disposition of either, or
(ii) a beneficial interest acquired by at least one spouse in property if the beneficial interest is derived from property referred to in paragraph (a) (
i) or from a beneficial interest referred to in paragraph (a) (ii), or from the disposition of either. , and
(
b) by adding the following subsection:
(2.1) For the purposes of subsection (2) (g), any increase in value of a beneficial interest in property held in a discretionary trust does not include the value of any property received from the trust.
SECTION 13: [Family Law Act,
section 85] clarifies the application of this
section in relation
to gifts and trusts.
Section 85 (1) is amended by repealing paragraphs (
b) and (
f) and substituting the following:
(
b) inheritances to a spouse;
(b.1) gifts to a spouse from a third party;
(
f) a spouse's beneficial interest in property held in a discretionary trust
(
i) to which the spouse did not contribute, and
(ii) that is settled by a person other than the spouse; .
SECTION 14: [Family Law Act,
section 105] replaces the definition of "applicable internal
law" with the definition of "proper law of the relationship".
Section 105 (1) is amended by repealing the definition of "applicable internal law" and substituting the following:
"proper law of the relationship" means the proper law of the relationship as determined under
section 107 [proper law of relationship] .
SECTION 15: [Family Law Act,
section 106]
clarifies the intent of
section 106 (4) of the Act to codify the common law doctrine of forum non conveniens ;
provides that this
section is a complete code governing when a court may exercise or decline jurisdiction in respect of property division.
Section 106 is amended
(
a) by repealing subsection (4) and substituting the following:
(4) Despite subsection (2), a court may decline to make an order under this
Part if the court, having regard to the interests of the spouses and the ends of justice, considers that it is more appropriate for jurisdiction to be exercised outside British Columbia. ,
(
b) by repealing subsection (5) (a), and
(
c) by adding the following subsection:
(6) A determination of authority under subsection (2) or of whether to decline jurisdiction under subsection (4) is to be made solely by reference to this section.
SECTION 16: [Family Law Act,
section 107] is consequential to the amendment made by
this Bill to
section 105 of the Act.
Section 107 is amended by striking out " applicable internal law " and substituting " proper law of the relationship between the spouses ".
SECTION 17: [Family Law Act,
section 108]
removes the
definitions of "regime of partnership of acquests" and "regime of separate property";
clarifies the interaction of agreements respecting division of property or debt and the choice of law rules set out in this section;
clarifies the application of a community of property regime to the property and debt of spouses who begin their relationship in a jurisdiction that has that type of regime;
makes an amendment that is consequential to the amendment made by this Bill to
section 105 of the Act.
Section 108 is repealed and the following substituted:
Choice of law rules
(1) In this section, "regime of community of property" means a system of law, including a regime of partnership of acquests, in which property owned or acquired and debt owing or acquired during the relationship between the spouses
(
a) are deemed to be owned or owing by both spouses, and
(
b) are divided, on separation of the spouses, as if both spouses equally owned the property or owed the debt,
but does not include a regime of separate property or a system of law under which a spouse's interest is deferred until or after the occurrence of an event that signifies the end of the relationship between the spouses.
(2) If the Supreme Court takes jurisdiction under this Division, the Supreme Court must act in accordance with the rules set out in this section.
(3) Subject to subsection (4), if spouses make an agreement respecting the division of property or debt, the substantive rights of the spouses in a proceeding under this Part are determined by the agreement.
(4) The enforcement of an agreement under subsection (3) is subject to any restriction that the proper law of the relationship places on the ability of spouses to determine the division of property or debt by agreement.
(5) Subject to subsection (3), if the spouses' first common habitual residence during the relationship between the spouses was in a jurisdiction in which a regime of community of property applies, property owned or acquired and debt owing or acquired during the relationship between the spouses that is property or debt to which the regime of community of property applies must be divided at the end of the relationship between the spouses according to that regime of community of property.
(6) If neither subsection (3) nor (5) applies, the substantive rights of spouses in a proceeding under this Part must be determined according to the proper law of the relationship.
SECTION 18: [Family Law Act,
section 182] adds
definitions of "firearm" and "weapon".
Section 182 is amended by adding the following
definitions:
"firearm" has the same meaning as in the Criminal Code ;
"weapon" has the same meaning as in the Criminal Code .
SECTION 19: [Family Law Act,
section 183] provides that a protection order may prohibit a
family member from possessing, in addition to a firearm or weapon,
a specified object, or
a licence, registration certificate, authorization or other document relating to a weapon or firearm.
Section 183 (3) is amended
(
a) by striking out " or " at the end of paragraph (a) (iii) and by repealing paragraph (a) (iv) and substituting the following:
(iv) possessing a weapon, a firearm or a specified object, or
(
v) possessing a licence, registration certificate, authorization or other document relating to a weapon or firearm; , and
(
b) by repealing paragraph (c) (iii) and substituting the following:
(iii) seize from the family member anything referred to in paragraph (a) (iv) or (v); .
SECTION 20: [Family Law Act,
section 194.1] provides for the consolidation of legal proceedings.
20 The following
section is added:
Joining proceedings
194.1 If a proceeding under this Act and a proceeding under this Act or another Act are started in the same court, the court, on application or on the court's own initiative, may consolidate the proceedings.
SECTION 21: [Family Law Act,
section 211] provides for the regulation of persons who may
be appointed by a court to conduct assessments.
Section 211 (2) (
a) is repealed and the following substituted:
(
a) must be a family justice counsellor or a person within a prescribed class of persons,
(a.1) must meet the requirements set out in the regulations, and .
SECTION 22: [Family Law Act,
section 243] corrects a cross-reference.
Section 243 (4) (
c) is amended by striking out " in accordance with
section 33.2 (k) " and substituting " under
section 33.1 (1) (s) ".
SECTION 23: [Family Law Act,
section 245.1] is consequential to the amendment made by
this Bill to
section 211 of the Act.
23 The following
section is added:
Regulations respecting assessments
under
section 211
245.1
(1) The Lieutenant Governor in Council may make regulations respecting assessments under
section 211 as follows:
(
a) prescribing classes of persons for the purposes of
section 211 (2) (a);
(
b) respecting the training, experience and other qualifications a person must have, and requirements a person must meet, to be qualified for appointment under
section 211 (1);
(
c) respecting practice standards that a person must meet
(
i) to continue to be qualified for appointment under
section 211 (1), and
(ii) while acting as an appointee under
section 211.
(2) For the purposes of subsection (1) of this
section and without limiting
section 249 (3) [other regulation-making powers] , the Lieutenant Governor in Council may make different regulations for different assessments under
section 211 (1) and for different subclasses of those assessments.
Family Maintenance Enforcement Act
SECTION 24: [Family Maintenance Enforcement Act,
section 8] provides that information
in the possession or control of a family justice counsellor as defined in the
Family Law Act , or a person referred to in
section 11 (1) (
b) of that Act, is not
searchable information.
Section 8 (2) (
b) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is repealed and the following substituted:
(
b) information in the possession or control of
(
i) a debtor's solicitor, if the information is subject to solicitor-client privilege,
(ii) a family justice counsellor within the meaning of the Family Law Act , or
(iii) a person prescribed under the Family Law Act for the purposes of
section 11 (1) (
b) of that Act; .
SECTION 25: [Family Maintenance Enforcement Act,
section 43]
authorizes a person to disclose information obtained under the Act for the purposes of protecting a person or property from imminent and serious harm;
corrects a cross-reference.
Section 43 (1) is amended
(
a) by adding the following paragraph:
(a.1) to protect a person or property, if the person disclosing the information reasonably believes that there is a risk of imminent and serious harm, , and
(
b) by repealing paragraph (
b) and substituting the following:
(
b) as provided by sections 8.1 and 8.3, or .
SECTION 26: [Family Maintenance Enforcement Act,
section 49] corrects a cross reference.
Section 49 (1) (
a) is amended by striking out "
section 8 (3); " and substituting "
section 8.2 (2); ".
Interjurisdictional Support Orders Act
SECTION 27: [Interjurisdictional Support Orders Act,
section 8] clarifies the meaning of
"support application" in Division 2 of
Part 2 of the Act.
Section 8 of the Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, is repealed and the following substituted:
Application of Division 2
8 In this Division, "support application" means
(
a) the documents from a reciprocating jurisdiction that correspond to a support application referred to in
section 5 (2), or
(
b) a provisional order referred to in paragraph (
b) of the definition of "provisional order" and any documents from the reciprocating jurisdiction in which the order was made that were provided to the designated authority with that order.
SECTION 28: [Interjurisdictional Support Orders Act,
section 28] clarifies the meaning of
"support variation application" in Division 2 of
Part 4 of the Act.
Section 28 is repealed and the following substituted:
Application of Division 2
28 In this Division, "support variation application" means
(
a) the documents from a reciprocating jurisdiction that correspond to a support variation application referred to in
section 25 (2), or
(
b) a provisional variation order referred to in paragraph (
b) of the definition of "provisional variation order" and any documents from the reciprocating jurisdiction in which the order was made that were provided to the designated authority with that order.
Miscellaneous Statutes Amendment Act, 2009
SECTION 29: [Miscellaneous Statutes Amendment Act, 2009,
section 99] changes the commencement
of previous amendments to come into force by regulation of the
Lieutenant Governor in Council.
Section 99 of the Miscellaneous Statutes Amendment Act, 2009, S.B.C. 2009, c. 22, is amended in the table by repealing items 4 to 13 and substituting the following as indicated:
Item
Column 1
Provisions of Act
Column 2
Commencement
Sections 40 to 51
By regulation of the Lieutenant Governor in Council
Sections 56 to 63
By regulation of the Lieutenant Governor in Council .
Patients Property Act
SECTION 30: [Patients Property Act,
section 1]
adds a definition of "committee";
provides that persons are "patients" for the purposes of the Act if they are certified as incapable by a director of a mental health facility before a person could be a patient by having a statutory property guardian under the Adult Guardianship Act or if they have a statutory property guardian under that Act.
Section 1 of the Patients Property Act, R.S.B.C. 1996, c. 349, is amended
(
a) by adding the following definition:
"committee" means the following persons:
(
a) a person appointed as committee under
section 6 (1);
(
b) the Public Guardian and Trustee under
section 6 (3);
(
c) a statutory property guardian under
Part 2.1 of the Adult Guardianship Act ; , and
(
b) in the definition of "patient" by repealing paragraph (
a) and substituting the following:
(
a) a person who, before paragraph (a.1) of this definition comes into force, was described in a certificate signed by the director of a Provincial mental health facility or psychiatric unit as defined in the Mental Health Act as one who is, because of mental infirmity arising from disease, age or otherwise, incapable of managing his or her affairs,
(a.1) a person who has a statutory property guardian under
Part 2.1 of the Adult Guardianship Act , or .
SECTION 31: [Patients Property Act,
section 3.1]
extends the rights to reassessment and review under
Part 2.1 of the Adult Guardianship Act to persons who are patients because they were certified as incapable by a director of a mental health facility;
confirms that patients having statutory property guardianship under the Adult Guardianship Act have rights to reassessment and review under
Part 2.1 of that Act.
31 The following
section is added:
Reassessment and review
3.1
(1) The rights to reassessment and review set out in sections 34 and 35 of the Adult Guardianship Act apply, and
section 37 (3) and (4) of that Act applies, to a patient as defined in paragraph (
a) of the definition of " patient " under this Act as if
(
a) the patient is an adult with a statutory property guardian under the Adult Guardianship Act ,
(
b) the patient's committee is a statutory property guardian under the Adult Guardianship Act ,
(
c) the director of a Provincial mental health facility or psychiatric unit who signed the certificate referred to in paragraph (
a) of the definition of " patient " under this Act, or a person acting on his or her behalf or who is his or her successor, is the health authority designate referred to in the Adult Guardianship Act ,
(
d) the certificate referred to in paragraph (
a) of the definition of " patient " under this Act is a certificate of incapability issued under
section 32 of the Adult Guardianship Act , and
(
e) for the purposes of
section 35 (2) (
b) of the Adult Guardianship Act , the body that appointed the director who signed the certificate referred to in paragraph (
a) of the definition of " patient " under this Act is a party to a review.
(2) For the purposes of subsection (1),
(
a) the determination of incapability is to be based on the factors set out in
section 32 (3) of the Adult Guardianship Act , and
(
b) if statutory property guardianship ends under
section 37 (3) of the Adult Guardianship Act , the person ceases to be a patient.
(3) For greater certainty, the rights to reassessment and review set out in sections 34 and 35, and
section 37 (3) and (4), of the Adult Guardianship Act continue to apply to a patient as defined in paragraph (a.1) of the definition of " patient ".
SECTION 32: [Patients Property Act,
section 4] clarifies that hearings under the Act to
determine whether a person continues to be incapable apply only to patients
who were declared, by the court under the Act, to be incapable.
Section 4 is amended by adding the following subsection:
(0.1) This
section applies only to patients as defined in paragraph (
b) of the definition of " patient ".
SECTION 33: [Patients Property Act,
section 11] is consequential to the amendments made
section 1, and the enactment of
section 3.1, of the Act by this Bill.
Section 11 (1) (
a) to (
d) and (2) is repealed.
SECTION 34: [Patients Property Act,
section 15] is consequential to the amendments made
section 1 of the Act by this Bill.
Section 15 (1) (
a) is amended by striking out everything before " has all the rights " and substituting " the committee of a patient as defined in paragraph (
a) or (a.1) of the definition of "patient" in
section 1 ".
SECTION 35: [Patients Property Act,
section 18] requires committees to encourage the participation
of patients in decisions that affect those patients.
Section 18 is amended
(
a) by renumbering the
section as
section 18 (1), and
(
b) by adding the following subsection:
(2) A committee must, to the extent reasonable, foster the independence of the patient and encourage the patient's involvement in any decision making that affects the patient.
SECTION 36: [Patients Property Act,
section 19.1] is consequential to the amendments
made to
section 1 of the Act by this Bill.
Section 19.1 is amended
(
a) in subsection (1) by adding " or (a.1) " after " paragraph (a) ", and
(
b) in subsection (4) (
a) by striking out " under the certificate referred to in paragraph (
a) of the definition of "patient" in
section 1 ".
Police Act
SECTION 37: [Police Act,
section 23] increases by 2 the number of persons the Lieutenant
Governor in Council may appoint to a municipal police board.
Section 23 (1) (
c) of the Police Act, R.S.B.C. 1996, c. 367, is amended by striking out " not more than 5 persons " and substituting " not more than 7 persons ".
SECTION 38: [Police Act,
section 38] corrects a reference for consistency with a definition
section 1 of the Act.
Section 38 (4) is amended by striking out " municipal police force " and substituting " municipal police department ".
SECTION 39: [Police Act,
section 40] reformats subsection (1) (a.1) (vi) of this
section and
authorizes the director to establish standards respecting
principles, practices and strategies to be used in missing persons investigations, complex investigations and investigations involving serious crimes,
the promotion of unbiased policing and law enforcement services delivery, and
community consultation regarding policing priorities, goals and objectives.
Section 40 (1) (a.1) is amended
(
a) by repealing subparagraph (vi) and substituting the following:
(vi) cooperation and coordination among the provincial police force, municipal police departments and designated policing units in relation to
(
A) investigations into the whereabouts of missing persons,
(
B) investigations that are complex, and
(
C) investigations that involve serious crimes, including, without limitation, investigations of murder, attempted murder, sexual assault, kidnapping, armed robbery or money laundering; , and
(
b) by adding the following subparagraphs:
(vi.1) principles, practices and strategies to be used in investigations referred to in subparagraph (vi);
(viii) the promotion of unbiased policing and law enforcement services delivery;
(ix) community consultation regarding the priorities, goals and objectives for policing and law enforcement; .
SECTION 40: [Police Act,
Part 8.1]
requires the chief of a police service to
internally review a major case investigation if the major case investigation becomes inactive, and
give a written report to the director on the results of the internal review;
authorizes the director to designate a constable to audit a major case investigation if the director considers that the director's standards referred to in
section 40 (1) (a.1) (vi.1) of the Act were not complied with.
40 The following
Part is added:
Part 8.1 – Audits of Major Case Investigations
Definitions
45.01 In this Part:
"audit report" means the report referred to in
section 45.06 (1);
"auditor" means a person who is designated as an auditor under
section 45.03 (2);
"chief of the police service" means the following:
(
a) in relation to the provincial police force, the commissioner;
(
b) in relation to a municipal police department, the chief constable of the municipal police department;
(
c) in relation to a designated policing unit that is prescribed as a police force under
section 1.1 (c), the chief officer of the designated policing unit;
"internal review report" means the report referred to in
section 45.02 (2) (b);
"major case investigation" means the following:
(
a) the investigation of a murder or an attempted murder;
(
b) an investigation into the whereabouts of a missing person, if foul play is suspected;
(
c) a prescribed type of investigation, if a director's standard referred to in
section 40 (1) (a.1) (vi.1) applies in respect of that type of investigation;
"police service" means the following:
(
a) the provincial police force;
(
b) a municipal police department;
(
c) a designated policing unit that is prescribed as a police force under
section 1.1 (c).
Internal review of inactive major case investigations
45.02
(1) For the purposes of this section, a major case investigation is inactive if either of the following applies in relation to the investigation:
(
a) no investigative steps have been taken for one year and no criminal charges have been recommended to Crown counsel;
(
b) criminal charges against an accused person were recommended to Crown counsel but the charges were not approved and no investigative steps have been taken within one year after the date on which the charges were not approved.
(2) Subject to
section 45.08 [extension of time limits for reports] , within 60 days after a major case investigation becomes inactive, the chief of the police service that conducted the investigation must
(
a) conduct an internal review of the major case investigation, and
(
b) give a written report on the results of the internal review to the director, in the form and manner required by the director.
(3) The internal review report on a major case investigation must include a description of
(
a) the investigative steps and actions taken in the investigation, and
(
b) the principles, practices and strategies used in the investigation.
(4) After giving the director the internal review report on a major case investigation, the chief of the police service is not required to conduct another internal review and give another report on the major case investigation unless
(
a) further investigative steps or actions are taken in the investigation, and
(
b) the investigation again becomes inactive after the further investigative steps or actions are taken.
Audit of inactive major case investigations
45.03
(1) The director may require an audit of a major case investigation if, after reviewing the internal review report on the major case investigation, the director considers that the entity, designated board, municipal police board or chief of the police service, as the case may be, did not ensure compliance with the director's standards referred to in
section 40 (1) (a.1) (vi.1), as applicable.
(2) For the purposes of subsection (1), the director may designate as an auditor a person who
(
a) is a provincial constable, special provincial constable, municipal constable or designated constable,
(
b) is not a member of the police service that conducted the major case investigation, and
(
c) consents to the designation.
(3) In auditing a major case investigation, the auditor must review all of the following:
(
a) the evidence obtained in the investigation;
(
b) the records relating to the investigation;
(
c) the investigative steps and actions taken in the investigation;
(
d) any other information the auditor considers relevant to the audit.
Audit powers
45.04
(1) For the purposes of auditing a major case investigation conducted by a police service, the auditor may do any of the following, without a warrant or order:
(
a) access, at any reasonable time, premises of the police service;
(
b) inspect a record or thing in the possession or control of the police service;
(
c) require a person to produce, within a reasonable time, any record or thing in the person's possession or control that the auditor considers relevant to the audit, except a record that is subject to solicitor-client privilege;
(
d) require a person to
(
i) answer questions in respect of matters that the auditor considers relevant to the audit, and
(ii) attend at a place specified by the auditor to answer those questions.
(2) The auditor, after giving notice to the chief of the police service that conducted the major case investigation, may apply to a justice for an order under subsection (3).
(3) If satisfied by information under oath that there are reasonable grounds to believe that the auditor has been, or is likely to be, prevented from exercising a right or power under subsection (1), a justice may issue any of the following orders:
(
a) an order that authorizes the auditor to access premises of a police service and prohibits a person from obstructing the auditor's access;
(
b) an order that authorizes the auditor to inspect records or things referred to in subsection (1) (
b) and prohibits a person from obstructing the auditor's inspection;
(
c) an order that requires a person to do any of the things referred to in subsection (1) (
c) and (d).
Duty to cooperate
45.05
(1) If a major case investigation is audited under this Part, the officers of the police service that conducted the major case investigation must cooperate fully in the audit.
(2) Without limiting subsection (1), and despite any other enactment and any claim of confidentiality or privilege other than a claim based on solicitor-client privilege, the officers of the police service that conducted the major case investigation must
(
a) give the auditor access to premises for the purposes of
section 45.04 (1) (a),
(
b) give the auditor access to records or things for the purposes of
section 45.04 (1) (b), and
(
c) promptly comply with a requirement of the auditor under
section 45.04 (1) (
c) or (d).
Audit reports
45.06
(1) Subject to
section 45.08, within 60 days after the auditor is designated under
section 45.03 (2), the auditor must give a written report on the results of the audit to
(
a) the director, and
(
b) the chief of the police service that conducted the major case investigation.
(2) The audit report must
(
a) be given in the form and manner required by the director, and
(
b) include the auditor's recommendations, if any, of further investigative steps and actions that should be taken in the major case investigation.
Post audit request for information
45.07
(1) If the director receives an audit report that includes recommendations referred to in
section 45.06 (2) (b), the director may request information from the chief of the police service on the investigative steps and other actions taken as a result of the recommendations.
(2) Subject to
section 45.08, within 30 days after the director makes a request under subsection (1) of this section, the chief of the police service must give the requested information to the director.
Extension of time limits for reports
45.08 The director may extend the time limits set out in sections 45.02 (2) [internal review of inactive major case investigations] , 45.06 (1) and 45.07 (2).
Responsibility for audit costs
45.09
(1) In this section, "responsible entity" , in relation to a major case investigation that is audited under this Part, means the following:
(
a) if the major case investigation was conducted by the provincial police force in respect of a rural area or municipality with a population of up to 5 000 persons, the government;
(
b) if the major case investigation was conducted by the provincial police force in respect of a municipality with a population of more than 5 000 persons, the municipality;
(
c) if the major case investigation was conducted by a municipal police department, the municipality served by the municipal police department;
(
d) if the major case investigation was conducted by a designated policing unit, the entity on behalf of which the designated policing unit was established.
(2) If a major case investigation is audited under this Part, the responsible entity must pay all the costs reasonably incurred in relation to the audit.
(3) Costs payable under subsection (2) must be paid to, and are a debt due to and recoverable by, the following:
(
a) if the auditor is a provincial constable or special provincial constable, the government;
(
b) if the auditor is a municipal constable, the municipality served by the municipal police department with which the municipal constable is employed;
(
c) if the auditor is a designated constable of a designated policing unit, the entity on behalf of which the designated policing unit was established.
Delegation
45.10 The director may authorize one or more of the director's employees to exercise the powers and perform the duties and functions of the director under this Part.
Transition for this
Part
45.11 This Part applies only to major case investigations initiated on or after the date this
section comes into force.
SECTION 41: [Police Act,
section 68.1] clarifies that, for the purposes of the Freedom of
Information and Protection of Privacy Act , information and data in an information
management system remain under the control of the law enforcement
service from which the information and data originate.
Section 68.1 is amended by adding the following subsection:
(9) If an information management system is provided by a designated service provider that is a public body under the Freedom of Information and Protection of Privacy Act ,
(
a) the information and data in the information management system remain, for the purposes of that Act, in the custody and under the control of the law enforcement service from which the information and data originate, and
(
b) despite that Act, a person does not have a right of access under that Act to the information and data as being information and data in the custody or under the control of the designated service provider.
SECTION 42: [Police Act,
section 74] adds a regulation-making power for the purpose of
paragraph (
c) of the definition of "major case investigation" in
section 45.01
of the Act, as added by this Bill.
Section 74 (2) is amended by adding the following paragraph:
(u.1) prescribing types of investigations for the purpose of paragraph (
c) of the definition of "major case investigation" in
section 45.01; .
Power of Attorney Act
SECTION 43: [Power of Attorney Act,
section 34] is consequential to the amendments made
to the Adult Guardianship Act and the Patients Property Act by this Bill.
Section 34 (3) (
e) of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is repealed and the following substituted:
(
e) take steps under the Patients Property Act to become a committee or take steps under the Adult Guardianship Act to become a statutory property guardian; .
Provincial Court Act
SECTION 44: [Provincial Court Act,
section 1] changes the term administrative judges to
regional administrative judges.
Section 1 of the Provincial Court Act, R.S.B.C. 1996, c. 379, is amended in the definition of "judge" by adding " regional " before " administrative judges ".
SECTION 45: [Provincial Court Act,
section 3] removes the requirement that a judge be satisfied
beyond a reasonable doubt in determining whether to exclude a child
before the court or a party to the proceedings from the courtroom.
Section 3 (4) is amended by striking out " beyond a reasonable doubt ".
SECTION 46: [Provincial Court Act,
section 5] provides that a municipality may have a
family court committee.
Section 5 (1) is amended by striking out " must " and substituting " may ".
SECTION 47: [Provincial Court Act, sections 9.1 and 10] changes the term administrative
judge to regional administrative judge.
47 Sections 9.1 (3) and 10 (4) are amended by adding " regional " before " administrative judge " wherever it appears.
SECTION 48: [Provincial Court Act,
section 10] changes the term administrative judge to
regional administrative judge.
Section 10 (3) is amended by striking out " an administrative judge " and substituting " a regional administrative judge ".
Public Guardian and Trustee Act
SECTION 49: [Public Guardian and Trustee Act,
section 19] extends the period during
which the Public Guardian and Trustee may take steps to provide protection of
a person's financial affairs, business or assets.
Section 19 (4) (
b) of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, is amended by striking out " 90 days. " and substituting " 120 days. "
Wills, Estates and Succession Act
SECTION 50: [Wills, Estates and Succession Act,
section 1] for consistency with adult
guardianship legislation, amends the definition of "nominee" and "representation
grant".
Section 1 (1) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, is amended
(
a) by repealing the definition of "nominee" and substituting the following:
"nominee" includes
(
a) a person granted power over financial affairs under the Patients Property Act ,
(
b) an attorney acting under an enduring power of attorney as described in
Part 2 [Enduring Powers of Attorney] of the Power of Attorney Act ,
(
c) a representative acting under a representation agreement made under
section 7 (1) (b) [standard provisions] of the Representation Agreement Act , and
(
d) a person appointed under
section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Aboriginal Affairs and Northern Development; , and
(
b) in the definition of "representation grant" by repealing paragraph (
d) and substituting the following:
(
d) an ancillary grant of probate or administration, or .
SECTION 51: [Wills, Estates and Succession Act,
section 2] provides that 2 persons cease to
be spouses when they separate, subject to reconciliation in certain circumstances.
Section 2 (2) is repealed and the following substituted:
(2) Two persons cease being spouses of each other for the purposes of this Act if,
(
a) in the case of a marriage, an event occurs that causes an interest in family property, as defined in
Part 5 [Property Division] of the Family Law Act , to arise, or
(
b) in the case of a marriage-like relationship, one or both persons terminate the relationship.
(2.1) For the purposes of this Act, spouses are not considered to have separated if, within one year after separation,
(
a) they begin to live together again and the primary purpose for doing so is to reconcile, and
(
b) they continue to live together for one or more periods, totalling at least 90 days.
SECTION 52: [Wills, Estates and Succession Act,
section 7] is self-explanatory.
Section 7 is amended by striking out " or a small estate declaration ".
SECTION 53: [Wills, Estates and Succession Act,
section 23] clarifies the distribution of an
intestate's estate to grandparents and great-grandparents and their descendants.
Section 23 (2) (
d) and (
e) is repealed and the following substituted:
(
d) if there is no surviving descendant, parent or descendant of a parent, but the intestate is survived by one or more grandparents or descendants of grandparents,
(
i) an equal part to the surviving parents or parent of each of the intestate's parents, in equal shares of the part, but if a parent of the intestate has no surviving parents, that part to the descendants of those deceased grandparents, and
(ii) for the purpose of subparagraph (i), a
part is determined by dividing the estate by the number of parents of the intestate
(
A) who have a surviving parent, or
(
B) who do not have a surviving parent but whose deceased parents have a surviving descendant,
(
e) if there is no surviving descendant, parent, descendant of a parent, grandparent or descendant of a grandparent, but the intestate is survived by one or more great-grandparents or descendants of great-grandparents,
(
i) an equal part to the surviving grandparents or grandparent of each of the intestate's parents, in equal shares of the part, but if a grandparent of the intestate has no surviving parents, that part to the descendants of those deceased great-grandparents, and
(ii) for the purpose of subparagraph (i), a
part is determined by dividing the estate by the number of parents of the intestate
(
A) who have a surviving grandparent, or
(
B) who do not have a surviving grandparent but whose deceased grandparents have a surviving descendant, or .
SECTION 54: [Wills, Estates and Succession Act,
section 24] is self-explanatory.
Section 24 is amended
(
a) in subsection (2) by striking out " Subject to subsection (3), each " and substituting " Each ", and
(
b) by repealing subsection (3).
SECTION 55: [Wills, Estates and Succession Act,
section 54] provides that an alteration is
not part of a will except in certain circumstances.
Section 54 is amended
(
a) in subsection (2) by striking out " An alteration " and substituting " Subject to subsection (4), an alteration ", and
(
b) by adding the following subsection:
(4) An alteration to a will that does not comply with subsection (2) is valid if
(
a) the alteration
(
i) does not substantively alter the effect of the will, and
(ii) is in respect of form, style or numbering or is a typographical error, or
(
b) there is evidence to establish that the alteration was made before the will was executed, if the alteration substantively alters the effect of the will.
SECTION 56: [Wills, Estates and Succession Act,
section 56] is consequential to the amendment
made by this Bill to
section 2 of the Act.
Section 56 (3) is repealed and the following substituted:
(3) Despite
section 2 (2.1), the operation of subsection (2) of this
section is not affected by a subsequent reconciliation of the will-maker and the spouse.
SECTION 57: [Wills, Estates and Succession Act,
section 90] for consistency with adult
guardianship legislation, provides who may make a new designation.
Section 90 (1) is repealed and the following substituted:
(1) Subject to subsection (2), a new designation of the same designated beneficiary may be made, other than by will, by a representative of the participant, including by one of the following:
(
a) a person granted power over financial affairs under the Patients Property Act ;
(
b) an attorney acting under an enduring power of attorney as described in
Part 2 [Enduring Powers of Attorney] of the Power of Attorney Act ;
(
c) a representative acting under a representation agreement made under
section 7 (1) (b) [standard provisions] of the Representation Agreement Act ;
(
d) a person appointed under
section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Aboriginal Affairs and Northern Development.
SECTION 58: [Wills, Estates and Succession Act,
section 107] is self-explanatory.
Section 107 is amended by striking out " an alternative executor, an administrator with will annexed or a declarant named in the representation grant " and substituting " an alternative executor or an administrator with will annexed ".
SECTION 59: [Wills, Estates and Succession Act,
section 124] replaces references to an
application for grant of probate or administration with references to an application
for a representation grant.
Section 124 is amended
(
a) in subsection (1) by striking out " notice of an application for grant of probate or administration " and substituting " notice of an application for a representation grant " and by striking out " issue the grant of probate or administration " and substituting " issue the representation grant ",
(
b) in subsection (1) (
b) by striking out " grant " and substituting " representation grant ", and
(
c) in subsection (2) by striking out " an application for grant of probate or administration " and substituting " an application for a representation grant " and by striking out " a copy of the grant of probate or administration " and substituting " a copy of the representation grant ".
SECTION 60: [Wills, Estates and Succession Act,
section 130] clarifies that the appointment
of the Public Guardian and Trustee is subject to the Public Guardian and
Trustee's consent.
Section 130 (
g) is repealed and the following substituted:
(
g) any other person the court considers appropriate to appoint, including, without limitation, and subject to the Public Guardian and Trustee's consent, the Public Guardian and Trustee.
SECTION 61: [Wills, Estates and Succession Act,
section 131] clarifies that the appointment
of the Public Guardian and Trustee is subject to the Public Guardian and
Trustee's consent.
Section 131 (
c) is repealed and the following substituted:
(
c) any other person the court considers appropriate to appoint, including, without limitation, and subject to the Public Guardian and Trustee's consent, the Public Guardian and Trustee.
SECTION 62: [Wills, Estates and Succession Act,
section 138] provides that the registrar
may reseal a foreign grant in certain circumstances.
Section 138 is amended
(
a) in subsection (2) (
c) by striking out "
section 128 [security for administration of estates] provide " and substituting "
section 128 [security for administration of estates] , provide ", and
(
b) by adding the following subsection:
(3.1) The registrar of the court may reseal a foreign grant in the circumstances described in subsection (1) if the application to reseal the foreign grant is
(
a) unopposed, and
(
b) made in accordance with the applicable Supreme Court Civil Rules.
SECTION 63: [Wills, Estates and Succession Act,
section 158]
provides that an order to remove or pass over a person, if the person is convicted of an offence involving dishonesty or is an undischarged bankrupt, is not limited to a particular kind of creditor;
adds that only a particular kind of creditor may make an application for certain orders.
Section 158 is amended
(
a) in subsection (3) by adding " and to subsection (3.1), " after " , if any, " and by striking out " as the case may be " and substituting " as the case may be, ",
(
b) by repealing subsection (3) (
e) and substituting the following:
(
e) has been convicted of an offence involving dishonesty,
(e.1) is an undischarged bankrupt, ,
(
c) by repealing subsection (3) (
g) and substituting the following:
(
g) a person granted power over financial affairs under the Patients Property Act . , and
(
d) by adding the following subsection:
(3.1) A creditor may make an application for an order under subsection (3) (
e) or (e.1) only if the creditor has a claim for more than a prescribed amount.
SECTION 64: [Wills, Estates and Succession Act,
section 164] clarifies that the evidence
must be submitted by affidavit.
Section 164 (3) is repealed and the following substituted:
(3) A grant of administration, a grant of probate or a grant of administration with will annexed must not be issued unless the Public Guardian and Trustee files an affidavit swearing that no person in British Columbia
(
a) is entitled to share in the distribution of the estate of the deceased person, and
(
b) is ready and competent to apply for a grant of administration.
SECTION 65: [Wills, Estates and Succession Act,
section 167] is self-explanatory.
Section 167 (1) (
b) is repealed and the following substituted:
(
b) intends to make an application under
section 164 (2) for a grant of administration, .
SECTION 66: [Wills, Estates and Succession Act,
section 182] provides how notice is given
in relation to minors.
Section 182 (1) is repealed and the following substituted:
(1) If a person entitled to receive a notice under this Act or the Supreme Court Civil Rules is a minor, the notice is valid only if it is given as follows:
(
a) if the person giving the notice knows that the minor resides with all of the minor's parents, to those parents;
(
b) if paragraph (
a) does not apply but the person giving the notice knows that a parent or guardian has responsibility for financial decisions relating to the minor, to that parent or guardian;
(
c) if neither paragraph (
a) nor (
b) applies but the person giving the notice knows of one or more addresses at which the minor resides, to the minor at each of those addresses.
SECTION 67: [Wills, Estates and Succession Act, sections 214.1 and 215] updates references
in the amendments made by the Act to the Estates of Missing Persons
Act .
Section 215 is repealed and the following substituted:
214.1
Section 2 (3) of the Estates of Missing Persons Act, R.S.B.C. 1996, c. 123, is amended by striking out " an official administrator " and substituting " the public guardian and trustee ".
Section 9 is amended by striking out " on the grant of probate of the will or of letters of administration of the estate of the missing person, " and substituting " on the issue of a representation grant, ".
SECTION 68: [Wills, Estates and Succession Act,
section 267] is self-explanatory.
Section 267 is repealed.
SECTION 69: [Wills, Estates and Succession Act, sections 267.1, 268.2 and 268.3] adds
sections to the Act to include reference to small estate declarations and
declarants.
69 The following sections are added:
267.1
Section 7 of this Act is amended by adding " or a small estate declaration" after " the grant of probate ".
268.2
Section 107 of this Act is amended by striking out " an alternative executor or an administrator with will annexed " and substituting " an alternative executor, an administrator with will annexed or a declarant named in the representation grant ".
268.3
Section 167 (1) (
b) of this Act is amended by adding " or to file a small estate declaration under Division 2 [Small Estate Administration] of this Part " after " a grant of administration ".
SECTION 70: [Wills, Estates and Succession Act,
section 269] adds cross-references to sections
added to the Act by this Bill and deletes a cross-reference to a
section
repealed from the Act by this Bill.
Section 269 is amended by striking out " 267 and 268 " and substituting " 267.1, 268, 268.2 and 268.3 ".
Wills, Estates and Succession Amendment Act, 2011
SECTION 71: [Wills, Estates and Succession Amendment Act, 2011, sections 54, 57
and 58] is self-explanatory.
71 Sections 54, 57 and 58 of the Wills, Estates and Succession Amendment Act, 2011, S.B.C. 2011, c. 6, are repealed.
Related Amendment
Provincial Symbols and Honours Act
SECTION 72: [Provincial Symbols and Honours Act,
Part 3] provides authority for the
Lieutenant Governor in Council, on the recommendation of the minister, to
authorize the issue of commissions under the Great Seal to police officers who
meet specified requirements.
72 The Provincial Symbols and Honours Act, R.S.B.C. 1996, c. 380, is amended by adding the following Part:
Part 3 – Police Officer Commissions
Definitions
21 In this Part:
"commission" means a commission referred to in
section 22;
"minister" means the minister responsible for the administration of the Police Act ;
"officer" means a person who is appointed under the Police Act as
(
a) a municipal constable or chief constable, or
(
b) a designated constable, deputy chief officer or chief officer of a designated policing unit, if the designated policing unit is prescribed as a police force under
section 1.1 (
c) of that Act.
Officer commissions
22 On the recommendation of the minister, the Lieutenant Governor in Council may authorize the issue of a commission under the Great Seal to an officer
(
a) whose rank is inspector or higher,
(
b) who meets prescribed criteria, if any, and
(
c) who has the prescribed qualifications.
Revocation and return of officer commissions
(1) A person to whom a commission has been issued is ineligible to keep the commission
(
a) if the person is dismissed under
Part 11 of the Police Act ,
(
b) if the person's rank is reduced to a rank lower than inspector, or
(
c) in prescribed circumstances.
(2) A commission that has been issued to a person is revoked on the date the person becomes ineligible to keep the commission.
(3) If a person to whom a commission has been issued is ineligible to keep the commission, the minister and the person must be notified by the following:
(
a) if the person is or was a municipal constable other than a chief constable, notice must be given by the chief constable of the municipal police department with which the person is or was employed at the time the person became ineligible;
(
b) if the person is or was a chief constable, notice must be given by the board of the municipal police department with which the person is or was employed at the time the person became ineligible;
(
c) if the person is or was a designated constable or deputy chief officer of a designated policing unit, notice must be given by the chief officer of the designated policing unit with which the person is or was employed at the time the person became ineligible;
(
d) if the person is or was a chief officer of a designated policing unit, notice must be given by the designated board that governs the designated policing unit with which the person is or was employed at the time the person became ineligible.
(4) A person to whom a commission has been issued must return the commission to the minister within 30 days after the person receives notice under subsection (3).
Officer commissions regulations
24 On the recommendation of the minister, the Lieutenant Governor in Council may make regulations for the purposes of sections 22 (
b) and (
c) and 23 (1) (c).
Commencement
73 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 1 to 26
By regulation of the Lieutenant Governor in Council
Sections 29 to 36
By regulation of the Lieutenant Governor in Council
Sections 39 and 40
By regulation of the Lieutenant Governor in Council
Sections 42 and 43
By regulation of the Lieutenant Governor in Council
Section 44
July 1, 2014
Sections 47 and 48
July 1, 2014
Section 49
By regulation of the Lieutenant Governor in Council
Section 72
By regulation of the Lieutenant Governor in Council
Explanatory Notes
SECTION 1: [Adult Guardianship Act,
section 32]
requires adults and their spouses or near relatives to be given notice and an opportunity to respond respecting the issuing of a certificate of incapability in respect of the adult;
requires a health authority designate to advise adults and their spouses or near relatives that a certificate of incapability has been issued and to offer them a copy of the certificate;
provides that the Public Guardian and Trustee is an adult's statutory property guardian as of the date on which the certificate of incapability is signed by the health authority designate;
clarifies that the Public Guardian and Trustee cannot become an adult's statutory property guardian if the adult has a committee under the Patients Property Act .
SECTION 2: [Adult Guardianship Act,
section 32] clarifies that the Public Guardian and
Trustee cannot become an adult's statutory property guardian if the adult has a
property guardian.
SECTION 3: [Adult Guardianship Act,
section 33] requires the Public Guardian and
Trustee to advise the adult that a statutory property guardian may make decisions
respecting the adult's financial affairs.
SECTION 4: [Adult Guardianship Act,
section 34] authorizes requests for reassessment to
be given to the body that appointed a health authority designate.
SECTION 5: [Adult Guardianship Act,
section 35]
provides that the body that appointed a health authority designate, and a committee under the Patients Property Act , is a party to a review of a determination of incapability;
removes a reference to the authority of a statutory property guardian.
SECTION 6: [Adult Guardianship Act,
section 35] provides that an adult's personal guardian
may be a party to a review of a determination of incapability.
SECTION 7: [Adult Guardianship Act,
section 37]
provides that statutory property guardianship ends if a committee is appointed under the Patients Property Act ;
removes references to the authority of a statutory property guardian.
SECTION 8: [Adult Guardianship Act,
section 37] provides that statutory property guardianship
ends if a property guardian is appointed.
SECTION 9: [Adult Guardianship Act,
section 63] provides regulation-making powers in
respect of qualified health care providers, health authority designates and
assessments of incapability, and in respect of notices and responses respecting
certificates of incapability.
SECTION 10: [Family Law Act,
section 52] removes unnecessary words.
SECTION 11: [Family Law Act,
section 83] clarifies the application of sections 84 and 85 of
the Act in relation to trusts.
SECTION 12: [Family Law Act,
section 84] clarifies the application of this
section in relation
to trusts.
SECTION 13: [Family Law Act,
section 85] clarifies the application of this
section in relation
to gifts and trusts.
SECTION 14: [Family Law Act,
section 105] replaces the definition of "applicable internal
law" with the definition of "proper law of the relationship".
SECTION 15: [Family Law Act,
section 106]
clarifies the intent of
section 106 (4) of the Act to codify the common law doctrine of forum non conveniens ;
provides that this
section is a complete code governing when a court may exercise or decline jurisdiction in respect of property division.
SECTION 16: [Family Law Act,
section 107] is consequential to the amendment made by
this Bill to
section 105 of the Act.
SECTION 17: [Family Law Act,
section 108]
removes the
definitions of "regime of partnership of acquests" and "regime of separate property";
clarifies the interaction of agreements respecting division of property or debt and the choice of law rules set out in this section;
clarifies the application of a community of property regime to the property and debt of spouses who begin their relationship in a jurisdiction that has that type of regime;
makes an amendment that is consequential to the amendment made by this Bill to
section 105 of the Act.
SECTION 18: [Family Law Act,
section 182] adds
definitions of "firearm" and "weapon".
SECTION 19: [Family Law Act,
section 183] provides that a protection order may prohibit a
family member from possessing, in addition to a firearm or weapon,
a specified object, or
a licence, registration certificate, authorization or other document relating to a weapon or firearm.
SECTION 20: [Family Law Act,
section 194.1] provides for the consolidation of legal proceedings.
SECTION 21: [Family Law Act,
section 211] provides for the regulation of persons who may
be appointed by a court to conduct assessments.
SECTION 22: [Family Law Act,
section 243] corrects a cross-reference.
SECTION 23: [Family Law Act,
section 245.1] is consequential to the amendment made by
this Bill to
section 211 of the Act.
SECTION 24: [Family Maintenance Enforcement Act,
section 8] provides that information
in the possession or control of a family justice counsellor as defined in the
Family Law Act , or a person referred to in
section 11 (1) (
b) of that Act, is not
searchable information.
SECTION 25: [Family Maintenance Enforcement Act,
section 43]
authorizes a person to disclose information obtained under the Act for the purposes of protecting a person or property from imminent and serious harm;
corrects a cross-reference.
SECTION 26: [Family Maintenance Enforcement Act,
section 49] corrects a cross reference.
SECTION 27: [Interjurisdictional Support Orders Act,
section 8] clarifies the meaning of
"support application" in Division 2 of
Part 2 of the Act.
SECTION 28: [Interjurisdictional Support Orders Act,
section 28] clarifies the meaning of
"support variation application" in Division 2 of
Part 4 of the Act.
SECTION 29: [Miscellaneous Statutes Amendment Act, 2009,
section 99] changes the commencement
of previous amendments to come into force by regulation of the
Lieutenant Governor in Council.
SECTION 30: [Patients Property Act,
section 1]
adds a definition of "committee";
provides that persons are "patients" for the purposes of the Act if they are certified as incapable by a director of a mental health facility before a person could be a patient by having a statutory property guardian under the Adult Guardianship Act or if they have a statutory property guardian under that Act.
SECTION 31: [Patients Property Act,
section 3.1]
extends the rights to reassessment and review under
Part 2.1 of the Adult Guardianship Act to persons who are patients because they were certified as incapable by a director of a mental health facility;
confirms that patients having statutory property guardianship under the Adult Guardianship Act have rights to reassessment and review under
Part 2.1 of that Act.
SECTION 32: [Patients Property Act,
section 4] clarifies that hearings under the Act to
determine whether a person continues to be incapable apply only to patients
who were declared, by the court under the Act, to be incapable.
SECTION 33: [Patients Property Act,
section 11] is consequential to the amendments made
section 1, and the enactment of
section 3.1, of the Act by this Bill.
SECTION 34: [Patients Property Act,
section 15] is consequential to the amendments made
section 1 of the Act by this Bill.
SECTION 35: [Patients Property Act,
section 18] requires committees to encourage the participation
of patients in decisions that affect those patients.
SECTION 36: [Patients Property Act,
section 19.1] is consequential to the amendments
made to
section 1 of the Act by this Bill.
SECTION 37: [Police Act,
section 23] increases by 2 the number of persons the Lieutenant
Governor in Council may appoint to a municipal police board.
SECTION 38: [Police Act,
section 38] corrects a reference for consistency with a definition
section 1 of the Act.
SECTION 39: [Police Act,
section 40] reformats subsection (1) (a.1) (vi) of this
section and
authorizes the director to establish standards respecting
principles, practices and strategies to be used in missing persons investigations, complex investigations and investigations involving serious crimes,
the promotion of unbiased policing and law enforcement services delivery, and
community consultation regarding policing priorities, goals and objectives.
SECTION 40: [Police Act,
Part 8.1]
requires the chief of a police service to
internally review a major case investigation if the major case investigation becomes inactive, and
give a written report to the director on the results of the internal review;
authorizes the director to designate a constable to audit a major case investigation if the director considers that the director's standards referred to in
section 40 (1) (a.1) (vi.1) of the Act were not complied with.
SECTION 41: [Police Act,
section 68.1] clarifies that, for the purposes of the Freedom of
Information and Protection of Privacy Act , information and data in an information
management system remain under the control of the law enforcement
service from which the information and data originate.
SECTION 42: [Police Act,
section 74] adds a regulation-making power for the purpose of
paragraph (
c) of the definition of "major case investigation" in
section 45.01
of the Act, as added by this Bill.
SECTION 43: [Power of Attorney Act,
section 34] is consequential to the amendments made
to the Adult Guardianship Act and the Patients Property Act by this Bill.
SECTION 44: [Provincial Court Act,
section 1] changes the term administrative judges to
regional administrative judges.
SECTION 45: [Provincial Court Act,
section 3] removes the requirement that a judge be satisfied
beyond a reasonable doubt in determining whether to exclude a child
before the court or a party to the proceedings from the courtroom.
SECTION 46: [Provincial Court Act,
section 5] provides that a municipality may have a
family court committee.
SECTION 47: [Provincial Court Act, sections 9.1 and 10] changes the term administrative
judge to regional administrative judge.
SECTION 48: [Provincial Court Act,
section 10] changes the term administrative judge to
regional administrative judge.
SECTION 49: [Public Guardian and Trustee Act,
section 19] extends the period during
which the Public Guardian and Trustee may take steps to provide protection of
a person's financial affairs, business or assets.
SECTION 50: [Wills, Estates and Succession Act,
section 1] for consistency with adult
guardianship legislation, amends the definition of "nominee" and "representation
grant".
SECTION 51: [Wills, Estates and Succession Act,
section 2] provides that 2 persons cease to
be spouses when they separate, subject to reconciliation in certain circumstances.
SECTION 52: [Wills, Estates and Succession Act,
section 7] is self-explanatory.
SECTION 53: [Wills, Estates and Succession Act,
section 23] clarifies the distribution of an
intestate's estate to grandparents and great-grandparents and their descendants.
SECTION 54: [Wills, Estates and Succession Act,
section 24] is self-explanatory.
SECTION 55: [Wills, Estates and Succession Act,
section 54] provides that an alteration is
not part of a will except in certain circumstances.
SECTION 56: [Wills, Estates and Succession Act,
section 56] is consequential to the amendment
made by this Bill to
section 2 of the Act.
SECTION 57: [Wills, Estates and Succession Act,
section 90] for consistency with adult
guardianship legislation, provides who may make a new designation.
SECTION 58: [Wills, Estates and Succession Act,
section 107] is self-explanatory.
SECTION 59: [Wills, Estates and Succession Act,
section 124] replaces references to an
application for grant of probate or administration with references to an application
for a representation grant.
SECTION 60: [Wills, Estates and Succession Act,
section 130] clarifies that the appointment
of the Public Guardian and Trustee is subject to the Public Guardian and
Trustee's consent.
SECTION 61: [Wills, Estates and Succession Act,
section 131] clarifies that the appointment
of the Public Guardian and Trustee is subject to the Public Guardian and
Trustee's consent.
SECTION 62: [Wills, Estates and Succession Act,
section 138] provides that the registrar
may reseal a foreign grant in certain circumstances.
SECTION 63: [Wills, Estates and Succession Act,
section 158]
provides that an order to remove or pass over a person, if the person is convicted of an offence involving dishonesty or is an undischarged bankrupt, is not limited to a particular kind of creditor;
adds that only a particular kind of creditor may make an application for certain orders.
SECTION 64: [Wills, Estates and Succession Act,
section 164] clarifies that the evidence
must be submitted by affidavit.
SECTION 65: [Wills, Estates and Succession Act,
section 167] is self-explanatory.
SECTION 66: [Wills, Estates and Succession Act,
section 182] provides how notice is given
in relation to minors.
SECTION 67: [Wills, Estates and Succession Act, sections 214.1 and 215] updates references
in the amendments made by the Act to the Estates of Missing Persons
Act .
SECTION 68: [Wills, Estates and Succession Act,
section 267] is self-explanatory.
SECTION 69: [Wills, Estates and Succession Act, sections 267.1, 268.2 and 268.3] adds
sections to the Act to include reference to small estate declarations and
declarants.
SECTION 70: [Wills, Estates and Succession Act,
section 269] adds cross-references to sections
added to the Act by this Bill and deletes a cross-reference to a
section
repealed from the Act by this Bill.
SECTION 71: [Wills, Estates and Succession Amendment Act, 2011, sections 54, 57
and 58] is self-explanatory.
SECTION 72: [Provincial Symbols and Honours Act,
Part 3] provides authority for the
Lieutenant Governor in Council, on the recommendation of the minister, to
authorize the issue of commissions under the Great Seal to police officers who
meet specified requirements.
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