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2015 Legislative Session: 4th 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 6 – 2015

JUSTICE STATUTES AMENDMENT ACT, 2015

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

Business Practices and Consumer Protection Act

SECTION 1: [Business Practices and Consumer Protection Act,

section 115]

requires the described information to be provided, in writing, by a collector to the debtor in the circumstances set out in subsection (1) of this section;

provides an exemption to the prohibition on verbal contact under subsection (2) of this section.

Section 115 of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, is amended

(

a) by repealing subsection (1) (

a) and (

b) and substituting the following:

(

a) the name of the creditor

(

i) with whom the debt was originally incurred, and

(ii) to whom the debt is currently owed, if different from the creditor described in subparagraph (i),

(

b) the amount of the debt

(

i) on the date it was first due and payable, and

(ii) currently owing, including a breakdown of that current amount, if different from the amount of the debt on the date it was first due and payable, and , and

(

b) by adding the following subsection:

(2.1) Despite subsection (2), a collector may initiate verbal communication with a debtor, before sending to the debtor the written notice referred to in subsection (1), solely for the purpose of requesting the debtor's home address or electronic mail address in order to send that written notice, if the collector does not have the debtor's home address or electronic mail address or has that information but has reason to believe it is not correct.

SECTION 2: [Business Practices and Consumer Protection Act,

section 116]

adds an electronic mail address to the information a collector may, in the circumstances set out, contact a debtor at the debtor's place of employment to request;

requires the described information to be provided, in writing, by a collector to the debtor in the circumstances set out in subsection (3) of this section.

Section 116 is amended

(

a) by repealing subsection (1) (

a) and (

b) and substituting the following:

(

a) the collector does not have the debtor's home address, telephone number or electronic mail address and the collector contacts the debtor solely for the purpose of requesting that information,

(

b) the collector has attempted to contact the debtor at the home address, telephone number or electronic mail address that the collector has for the debtor, but the collector has not contacted the debtor in any of those attempts, or , and

(

b) by repealing subsection (3) (

a) and (

b) and substituting the following:

(

a) the name of the creditor

(

i) with whom the debt was originally incurred, and

(ii) to whom the debt is currently owed, if different from the creditor described in subparagraph (i),

(

b) the amount of the debt

(

i) on the date it was first due and payable, and

(ii) currently owing, including a breakdown of that current amount, if different from the amount of the debt on the date it was first due and payable, and .

SECTION 3: [Business Practices and Consumer Protection Act,

section 117]

adds an electronic mail address to the information a collector may contact the persons set out in subsection (1) to request and adds the circumstances under which all information under that subsection may be requested;

allows a collector to confirm the information set out, but only if notice is given as set out.

Section 117 is amended

(

a) in subsection (1) by striking out " the debtor's home address or telephone number, a collector " and substituting " the debtor's home address, telephone number or electronic mail address if the collector does not have that information or has that information but has reason to believe it is not correct, a collector ", and

(

b) by repealing subsection (2) (

a) and substituting the following:

(

a) for the purpose of confirming the debtor's employment, business title and business address, but only if the collector has given notice to the debtor under

section 121 (1) (b), (1.1) or (2), or .

SECTION 4: [Business Practices and Consumer Protection Act,

section 121]

clarifies the legal proceeding is respecting the recovery of the debt that has been assigned;

clarifies the legal proceeding is for the recovery of the debt;

subject to

section 121 (1) of the Act, prohibits a collector from bringing legal proceedings for payment of a debt unless notice is given as set out.

Section 121 is amended

(

a) in subsection (1) (

a) by striking out " recovery of a debt " and substituting " recovery of the debt ",

(

b) in subsection (1) (

b) by striking out " legal proceeding " and substituting " legal proceeding for the recovery of the debt ",

(

c) by adding the following subsection:

(1.1) Subject to subsection (1), a collector must not bring a legal proceeding for the recovery of a debt unless the collector first gives notice to the debtor that the collector intends to bring the proceeding. , and

(

d) in subsection (2) by striking out " legal proceeding " and substituting " legal proceeding for the recovery of a debt ".

SECTION 5: [Business Practices and Consumer Protection Act, heading to Division 2 of

Part 7] is consequential to the repeal and replacement by this Bill of the

definitions

section 125 of the Act.

5 The heading to Division 2 of

Part 7 is repealed and the following substituted:

Division 2 – Collection Agents and Debt Repayment Agents .

SECTION 6: [Business Practices and Consumer Protection Act,

section 125] replaces the

definitions of "debt pooler" and "debt pooling system" with the broader concept

and definition of "debt repayment agent".

Section 125 is amended

(

a) by repealing the

definitions of "debt pooler" and "debt pooling system" , and

(

b) by adding the following definition:

"debt repayment agent" means a person who acts for or represents, or offers to act for or represent, a debtor in arrangements or negotiations with the debtor's creditors, which arrangements or negotiations may include receiving money from the debtor for distribution to the debtor's creditors, in consideration for a fee, commission or other remuneration that is payable by the debtor.

SECTION 7: [Business Practices and Consumer Protection Act,

section 126] is consequential

to the repeal and replacement by this Bill of the

definitions in

section

125 of the Act.

Section 126 is amended

(

a) in subsection (2) by striking out " A collection agent or debt pooler must " and substituting " A collection agent or debt repayment agent who collects or receives money from a debtor must ",

(

b) in subsection (2) (

a) by striking out " debt pooler's " and substituting " debt repayment agent's ", and

(

c) in subsections (2) (a) (

i) and (ii), (b), (

c) and (

d) and (3) by striking out " debt pooler " and substituting " debt repayment agent ".

SECTION 8: [Business Practices and Consumer Protection Act,

section 127] sets out the

rules governing debt repayment agents.

Section 127 is repealed and the following substituted:

Debt repayment agent

(1) A debt repayment agent must not act for or represent the following:

(

a) a debtor, unless there is a written contract between the debt repayment agent and the debtor that meets the requirements under subsection (2);

(

b) any of the debtor's creditors.

(2) A contract referred to in subsection (1) (a)

(

a) must be signed by the debt repayment agent and the debtor,

(

b) must not contain a term or condition that prohibits the debtor from communicating with the debtor's creditors, and

(

c) must contain the prescribed terms, information and disclosure statements.

(3) A debt repayment agent must not charge fees or disbursements in excess of the prescribed amount.

(4) A debt repayment agent must not charge, require or accept any amount from the debtor before a repayment proposal is accepted, in writing, by the debtor and one or more of the debtor's creditors.

(5) A debt repayment agent must not offer, pay or provide any gift, bonus, premium, reward or compensation, in cash or in kind, or any other benefit to a person in order to induce a debtor to enter into a contract referred to in subsection (1).

(6) A debt repayment agent must not

(

a) lend money to the debtor,

(

b) provide credit to the debtor,

(

c) assist, offer to assist or attempt to assist the debtor to obtain a loan or credit from a lender, or

(

d) require, request or accept any amount for agreeing to assist or agreeing to attempt to assist the debtor to obtain a loan or credit from a lender.

(7) A debt repayment agent must inform the debtor within 30 days after a creditor of the debtor informs the debt repayment agent that the creditor refuses, or has ceased, to accept or negotiate a settlement of the debtor's debts.

SECTION 9: [Business Practices and Consumer Protection Act,

section 171] is consequential

to the repeal and replacement by this Bill of the

definitions in

section

125 of the Act.

Section 171 (1) (

d) is amended by striking out " debt pooler, " and substituting " debt repayment agent, ".

SECTION 10: [Business Practices and Consumer Protection Act,

section 189] makes the

contravention of listed provisions an offence under the Act.

Section 189 (4) is amended

(

a) in paragraph (

n) by striking out " 121 (1), (2) " and substituting " 121 (1), (1.1), (2) ", and

(

b) by repealing paragraph (

r) and substituting the following:

(r)

section 127 (1), (3), (4), (5), (6) or (7) [requirements for debt repayment agent] ; .

SECTION 11: [Business Practices and Consumer Protection Act,

section 194] authorizes

the Lieutenant Governor in Council to prescribe regulations as set out.

Section 194 (3) is amended by adding the following paragraph:

(

g) respecting any other matter for which regulations are contemplated by this Act.

SECTION 12: [Business Practices and Consumer Protection Act,

section 208] is consequential

to the repeal and replacement by this Bill of the

definitions in

section

125 of the Act.

Section 208 (1) is repealed.

SECTION 13: [Business Practices and Consumer Protection Act,

section 208.1] deems the

licence of a debt pooler to be a licence of a debt repayment agent, consequential

to the repeal and replacement by this Bill of the

definitions in

section 125

of the Act.

13 The following

section is added:

Transitional – debt pooler licence

208.1 A licence issued under

section 145 (1) to carry on business as a debt pooler, as defined immediately before the date this

section comes into force, is deemed to be a licence issued under

section 145 (1) to carry on business as a debt repayment agent.

Coroners Act

SECTION 14: [Coroners Act,

section 1] adds a definition of "body" to provide that a body

includes part of a body.

Section 1 of the Coroners Act, S.B.C. 2007, c. 15, is amended by adding the following definition:

"body" includes a part of the body of a deceased person; .

SECTION 15: [Coroners Act,

section 6] provides that restrictions respecting removing a

body from British Columbia do not apply to tissue that is governed by the

Human Tissue Gift Act .

Section 6 is amended by adding the following subsection:

(3) This

section does not apply to tissue within the meaning of the Human Tissue Gift Act if the tissue

(

a) is the subject of a consent given under that Act, and

(

b) is being removed from British Columbia for a purpose consistent with that consent.

SECTION 16: [Coroners Act,

section 13] removes unnecessary words, consequential to the

amendment made by this Bill to

section 1 of the Act.

Section 13 (6) is amended

(

a) in paragraph (

a) by striking out " all or part of ", and

(

b) in paragraph (

b) by striking out " any part of ".

Family Maintenance Enforcement Act

SECTION 17: [Family Maintenance Enforcement Act,

section 1] provides that a provision

for the payment of maintenance in an arbitration award respecting a family

law dispute is a maintenance order.

Section 1 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended

(

a) by adding the following definition:

"family law arbitration award" means an award respecting a family law dispute that is made under the Arbitration Act and filed in a Supreme Court or Provincial Court registry; , and

(

b) in the definition of "maintenance order" by striking out " an order or judgment " and substituting " an order, judgment or family law arbitration award ".

Judicial Compensation Act

SECTION 18: [Judicial Compensation Act,

section 1] amends the definition of "commission"

to reflect the change from 2 commissions to one.

Section 1 (1) of the Judicial Compensation Act, S.B.C. 2003, c. 59, is amended by repealing the definition of "commission" and substituting the following:

"commission" means the Judicial Compensation Commission formed under

section 2; .

SECTION 19: [Judicial Compensation Act, heading to

Part 1] amends the heading to

Part 1

to reflect the change from 2 commissions to one.

19 The heading to

Part 1 is repealed and the following substituted:

Part 1 – Judicial Compensation Commission .

SECTION 20: [Judicial Compensation Act,

section 2] amends appointment powers to reflect

the change from 2 commissions to one.

Section 2 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) On or before March 1, 2016 and on or before March 1 in every 3rd year after that, 5 individuals must be appointed, in accordance with subsection (2), to form the Judicial Compensation Commission. ,

(

b) in subsection (2) by striking out " the Judges Compensation Commission " and substituting " the Judicial Compensation Commission ", and

(

c) in subsection (2) (

b) by striking out " after consulting with the Provincial Court Judges' Association of British Columbia, " and substituting " after consulting with the Provincial Court Judges' Association of British Columbia and the Judicial Justices Association of British Columbia, ".

SECTION 21: [Judicial Compensation Act,

section 3] is self-explanatory.

Section 3 is repealed.

SECTION 22: [Judicial Compensation Act, sections 4 to 7] amends various provisions to

reflect the change from 2 commissions to one.

22 Sections 4 (1), (3) and (4), 5 (6), 6 (1) and 7 are amended by striking out " a commission " and substituting " the commission ".

SECTION 23: [Judicial Compensation Act,

section 4] reflects the change

from 2 commissions to one and makes an amendment that is consequential to

the amendments made to

section 2 of the Act by this Bill.

Section 4 is amended

(

a) in subsection (2) by striking out " An individual appointed to a commission " and substituting " An individual appointed to the commission ", and

(

b) by repealing subsection (3.1) and substituting the following:

(3.1) At least one of the individuals appointed under

section 2 (2) (

a) and (

b) must be someone who is not a lawyer.

SECTION 24: [Judicial Compensation Act,

section 5] changes the due date of the preliminary

report of the commission and sets new criteria for recommendations of

the commission.

Section 5 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Not later than October 1 following its formation, the commission must, in a preliminary report to the minister and chief judge,

(

a) report on all matters respecting the remuneration, allowances and benefits of judges and judicial justices, and

(

b) make recommendations with respect to those matters for each of the next 3 fiscal years. ,

(

b) in subsection (3) by striking out " September 30 " and substituting " October 30 ", and

(

c) by repealing subsection (5) and substituting the following:

(5) In preparing a report, the commission must be guided by the need to provide reasonable compensation for judges and judicial justices in British Columbia over the 3 fiscal years that are the subject of the report, taking into account all of the following:

(

a) the need to maintain a strong court by attracting highly qualified applicants;

(

b) changes, if any, to the jurisdiction of judges or judicial justices;

(

c) compensation provided in respect of similar judicial positions in Canada, having regard to the differences between those jurisdictions and British Columbia;

(

d) changes in the compensation of others paid by provincial public funds in British Columbia;

(

e) the generally accepted current and expected economic conditions in British Columbia;

(

f) the current and expected financial position of the government over the 3 fiscal years that are the subject of the report.

(5.1) The report of the commission must demonstrate that the commission has considered all of the factors set out in subsection (5).

(5.2) The commission may consider factors it considers relevant that are not set out in subsection (5), but if it relies on another factor, the report of the commission must explain the relevance of the factor.

SECTION 25: [Judicial Compensation Act,

section 6] removes an obsolete test for rejection

of a recommendation of the commission and makes amendments that are consequential

to the amendments made to

section 2 of the Act by this Bill.

Section 6 is amended

(

a) in subsection (2) (

a) by striking out " as being unfair or unreasonable ", and

(

b) in subsections (3) and (4) by striking out "

section 2 (1) or 3 (1) " and substituting "

section 2 (1) ".

SECTION 26: [Judicial Compensation Act,

section 7.1] permits reimbursement of the costs,

up to maximum amounts that are subject to regulations, of participation in the

commission by the Provincial Court Judges' Association of British Columbia

and the Judicial Justices Association of British Columbia.

26 The following

section is added to

Part 1:

Appropriation

7.1

(1) Subject to subsection (2), the government may pay out of the consolidated revenue fund the reasonable costs, incurred by the Provincial Court Judges' Association of British Columbia and the Judicial Justices Association of British Columbia, of participating in the commission.

(2) The maximum amount that may be paid under subsection (1), which maximum amount applies separately to the Provincial Court Judges' Association of British Columbia and the Judicial Justices Association of British Columbia, is as follows:

(

a) the first $30 000 in costs;

(b) 2/3 of the costs over $30 000 but under $150 000.

(3) Despite subsections (1) and (2), the Lieutenant Governor in Council may, by regulation, set higher amounts for the purposes of subsection (2).

SECTION 27: [Judicial Compensation Act,

section 16] allows a judge to participate in the

pension plan until the end of the month in which he or she reaches 75 years of

age.

Section 16 (1) is amended

(

a) by repealing the definition of "ceases employment" , and

(

b) by adding the following definition:

"latest retirement age" means the age at which a judge ceases to hold office under

section 17 (3) of the Provincial Court Act ; .

Jury Act

SECTION 28: [Jury Act,

section 24] provides that a juror is entitled to a prescribed allowance

and fee for each day the juror is required to attend at a sitting or a trial.

Section 24 (1) of the Jury Act, R.S.B.C. 1996, c. 242, is repealed and the following substituted:

(1) A person sitting as a juror at a trial is entitled to be paid the following for each day that the person is required to attend at a sitting or a trial:

(

a) a prescribed allowance;

(

b) a prescribed fee.

SECTION 29: [Jury Act,

section 34] adds the ability to set by regulation conditions and

requirements for the payment of allowances or fees.

Section 34 (3) is amended by striking out " or " at the end of paragraph (a), by adding " , or " at the end of paragraph (

b) and by adding the following paragraph:

(

c) set conditions or requirements for the payment of allowances or fees.

Power of Attorney Act

SECTION 30: [Power of Attorney Act,

section 10] removes unnecessary words.

Section 10 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, is amended by repealing paragraph (

b) of the definition of "spouse" and substituting the following:

(

b) is living with another person in a marriage-like relationship.

SECTION 31: [Power of Attorney Act,

section 29] provides that a marriage or a marriage-

like relationship has ended for the purposes of

section 29 of the Act when the

parties are considered separated under the Family Law Act .

Section 29 (4) and (5) is repealed and the following substituted:

(4) A marriage ends for the purposes of this

section on the date that the parties to the marriage are separated within the meaning of

section 3 (4) of the Family Law Act .

(5) A marriage-like relationship ends for the purposes of this

section on the date that the parties to the marriage-like relationship are separated within the meaning of

section 3 (4) of the Family Law Act.

Representation Agreement Act

SECTION 32: [Representation Agreement Act,

section 29] provides that a marriage or a

marriage-like relationship is terminated for the purposes of

section 29 of the

Act when the parties are considered separated under the Family Law Act .

Section 29 (1.2) of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is repealed and the following substituted:

(1.2) For the purposes of subsections (1) (

d) and (1.1), a marriage is terminated on the date that the parties to the marriage are separated within the meaning of

section 3 (4) of the Family Law Act .

(1.3) For the purposes of subsections (1) (

d) and (1.1), a marriage-like relationship is terminated on the date that the parties to the marriage-like relationship are separated within the meaning of

section 3 (4) of the Family Law Act .

Transitional Provision

SECTION 33: [Jury Act – certain actions and proceedings prohibited] provides that there

can be no proceedings against the government or an employee of the government

in relation to specified provisions of

section 24 of the Jury Act as those

provisions read on specified dates.

Jury Act – certain actions and proceedings prohibited

(1) A person has no right of action and must not commence or maintain proceedings against the government or an employee of the government in relation to

(a)

section 24 (1) (

a) of the Jury Act , as that provision read before the date this Act receives First Reading in the Legislative Assembly, and

(b)

section 24 (2) (

a) of the Jury Act , as that provision read before March 29, 2012.

(2) This

section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Commencement

34 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 13

By regulation of the Lieutenant Governor in Council

Section 27

By regulation of the Lieutenant Governor in Council

Sections 28 and 29

On the day after the date this Act receives First Reading in the Legislative Assembly

Section 33

On the day after the date this Act receives First Reading in the Legislative Assembly

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