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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE PENNY PRIDDY

MINISTER OF HEALTH AND MINISTER RESPONSIBLE FOR SENIORS

BILL 76 – 1999

HEALTH STATUTES AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Community Care Facility Act

Section 4 (1) (

b) of the Community Care Facility Act, R.S.B.C. 1996, c. 60, is

amended

(

a) in subparagraph (iii) by adding "and" after "regulations," ,

and

(

b) by repealing subparagraph (v).

Criminal Injury Compensation Act

Section 1 (1) of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is

amended by repealing the definition of "qualified practitioner" and

substituting the following:

"qualified practitioner" means a person

registered under the Podiatrists Act, the Chiropractors Act or the Dentists

Act or a person registered as a naturopathic physician under the Health Professions

Act; .

Freedom of Information and Protection of Privacy Act

Schedule 1 of the Freedom of Information and Protection of Privacy Act,

R.S.B.C. 1996, c. 165, is amended by repealing paragraph (

b) of the definition of "health

care body" .

Health Act

Section 11 (2) and (3) of the Health Act, R.S.B.C. 1996, c. 179, is repealed

and the following substituted:

(2) Despite any other provision of this Act or of another

enactment, an information charging a person with contravention of an order made under

subsection (1) may only be laid

(

a) by a medical health officer, a deputy medical health officer

or an assistant medical health officer, and

(

b) with the prior approval of the Provincial health officer.

Section 17 is repealed.

Section 41 is amended by striking out "and the appointments

are" and substituting "and the appointment of a medical health

officer is" .

Hospital Act

Section 56 (2) of the Hospital Act, R.S.B.C. 1996, c. 200, is repealed.

Section 2 of the Supplement to the Hospital Act is amended by striking out "Section

2 (1) (

c) is amended" and substituting "Section 2 (2) is

amended" .

Hospital (Auxiliary) Act

9 The Hospital (Auxiliary) Act, R.S.B.C. 1996, c. 201, is repealed.

Interpretation Act

Section 29 of the

Interpretation Act, R.S.B.C. 1996, c. 238, is amended by

repealing the definition of "mentally disordered person" , "mentally

incompetent person" , "mentally ill person" , "mentally

retarded person" , or "insane person" and substituting the

following:

"mentally disordered person", "mentally

incompetent person", "mentally ill person" or "person with a

mental disorder" means a person with a mental disorder as defined in

section 1 of

the Mental Health Act; .

Jury Act

Section 3 (2) of the Jury Act, R.S.B.C. 1996, c. 242, is amended by striking

out everything after "registered" and substituting "under

the Chiropractors Act or the Dentists Act or

registered as a naturopathic physician under the Health Professions Act is

exempt, if the person so desires, from serving on a jury."

Medical Practitioners Act

Section 82 (

c) and (

i) of the Medical Practitioners Act, R.S.B.C. 1996, c.

285, is repealed.

Medicare Protection Act

Section 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended

(

a) in the definition of "appropriate disciplinary body" by

repealing paragraph (d),

(

b) in the definition of "appropriate licensing body" by

repealing paragraph (d), and

(

c) in the definition of " health care practitioner" by repealing

paragraph (c).

Mental Health Amendment Act, 1998

Section 1 (

e) of the Mental Health Amendment Act, 1998, S.B.C. 1998, c. 35, is

amended in paragraph (

b) of the definition of "patient" by striking out "as

an apparently person" and substituting "as apparently a

person" .

Motor Vehicle Amendment Act (No. 2), 1997

Section 31 of the Motor Vehicle Amendment Act (No. 2), 1997, S.B.C. 1997, c.

31, is amended in that part enacting

section 230 (1) of the Motor Vehicle Act by striking

out "registered psychologist under the Psychologists Act or"

and substituting "a psychologist registered under the Health

Professions Act or a" .

Naturopaths Act

16 The Naturopaths Act, R.S.B.C. 1996, c. 332, is repealed.

Patients Property Act

Section 1 of the Patients Property Act, R.S.B.C. 1996, c. 349, is amended in

paragraph (

a) of the definition of "patient" by striking out "as

defined in the Mental Health Act or by the officer in charge of a

psychiatric unit as defined in that Act," and substituting "or

psychiatric unit as defined in the Mental Health Act, " .

Section 11 (1) is amended

(

a) in paragraph (

b) by striking out "section 33 (6) (

a) or (

b) of

the Mental Health Act ;" and substituting "section 33

(8) (

a) or (

b) of the Mental Health Act ;" , and

(

b) in paragraph (

d) by striking out "as defined in the Mental

Health Act or by the officer in charge of a psychiatric unit as defined in that

Act," and substituting "or psychiatric unit as defined in the

Mental Health Act, " .

Psychologists Act

19 The Psychologists Act, R.S.B.C. 1996, c. 381, is repealed.

Workers Compensation Act

Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

by repealing the definition of "qualified practitioner" and substituting

the following:

"qualified practitioner" means a person

registered under the Chiropractors Act, the Dentists Act or the Podiatrists

Act or a person registered as a naturopathic physician under the Health Professions

Act; .

Validations and Transitional

Validation – appointments of public health inspectors

21 An appointment of a public health inspector purporting

to have been made under

section 41 of the Health Act at any time before

section 6

of this Act is brought into force is conclusively deemed to have been validly made

under

section 41 of the Health Act on and after the date of the appointment,

whether or not the appointment was approved by the Lieutenant Governor in Council.

Validation – operation of Keremeos D&T Centre by the

Okanagan-Similkameen RHD

22 Despite anything to the contrary in Order in Council

1549/95, the Okanagan-Similkameen Regional Hospital District is conclusively deemed to

have had the same powers and duties under the Hospital District Act from December

31, 1995 to November 19, 1998 as it had immediately before December 31, 1995 .

Transitional – Naturopaths Act and Psychologists Act

(1) If a health profession for persons registered or

formerly registered under the Naturopaths Act or the Psychologists Act is

designated under

section 12 of the Health Professions Act,

section 36 of the

Interpretation

Act applies and the Naturopaths Act or the Psychologists Act, as the

case may be, is deemed to be the "former enactment" and the Health

Professions Act is deemed to be the "new enactment" for the purposes of this

section.

(2) For the purposes of this section,

section 36 of the

Interpretation

Act applies

(

a) to the board established under

section 17 of the Health

Professions Act for the health profession as though the board were, for the purposes

of the health profession, the board defined in the former enactment,

(

b) to, as circumstances require, the discipline committee or the

inquiry committee as defined in

section 1 of the Health Professions Act for the

health profession as though the discipline committee or the inquiry committee were, for

the purposes of the health profession, the board as defined in the former enactment, or a

panel of the board established under the former enactment,

(

c) to bylaws and rules made under the former enactment as though

they were bylaws made under the Health Professions Act,

(

d) to regulations made under the former enactment, and

(

e) to a proceeding commenced under the former enactment to

investigate or discipline a member of the health profession.

(3) The Lieutenant Governor in Council may make regulations to

facilitate the transition from the former enactment to the new enactment for a health

profession.

Commencement

(1) This Act comes into force by regulation of the

Lieutenant Governor in Council.

(2) On being brought into force by regulation,

(

a) section 6 is retroactive to the extent necessary to

give it effect to

section 21,

(

b) section 21 is retroactive to the extent necessary to give it

effect, and

(

c) section 22 is retroactive to the extent necessary to give it

effect on and after December 31, 1995.

Explanatory Notes

Community Care Facility Act

SECTION 1: [Community Care Facility Act, amends

section 4 (1) (b)] repeals

subparagraph (

v) respecting fire detection and means of egress to the ground level from

floors on which a sleeping room is located.

Criminal Injury Compensation Act

SECTION 2: [Criminal Injury Compensation Act, amends

section 1 (1)]

is consequential to the repeal of the Naturopaths Act and establishment

of a college responsible for registration of naturopathic physicians under the

Health Professions Act .

Freedom of Information and Protection of Privacy Act

SECTION 3: [Freedom of Information and Protection of Privacy Act, amends

Schedule

1] is consequential to the repeal of the Hospital (Auxiliary) Act by this

Bill.

Health Act

SECTION 4: [Health Act, amends

section 11] adds deputy medical health

officers and assistant medical health officers as persons who may lay an information for a

contravention of the order referred to in

section 11 (1) of the Health Act .

SECTION 5: [Health Act, repeals

section 17] repeals an obsolete

requirement that regulations (which must be deposited and published under the Regulations

Act before they come into force) also be laid before the Legislative Assembly.

SECTION 6: [Health Act, amends

section 41] restricts the requirement of

Lieutenant Governor in Council approval under

section 41 to appointments of medical health

officers.

Hospital Act

SECTION 7: [Hospital Act, repeals

section 56 (2)] repeals an obsolete

requirement that regulations (which must be deposited and published under the Regulations

Act before they come into force) also be laid before the Legislative Assembly.

SECTION 8: [Hospital Act, amends

section 2 of the Supplement] corrects a

statute revision error.

Hospital (Auxiliary) Act

SECTION 9: [Hospital (Auxiliary) Act, repeals the Act] repeals an

obsolete Act.

Interpretation Act

SECTION 10: [Interpretation Act, amends

section 29] makes a consequential

amendment to reflect a House Amendment made during a debate of Bill 22, the

Mental Health Amendment Act, 1998 . That amendment replaced each reference

in the Mental Health Act to "mentally disordered person" with a reference

to "person with a mental disorder".

Jury Act

SECTION 11: [Jury Act, amends

section 3 (2)] is consequential

to the repeal of the Naturopaths Act and establishment of a college responsible

for registration of naturopathic physicians under the Health Professions

Act .

Medical Practitioners Act

SECTION 12: [Medical Practitioners Act, repeals

section 82 (

c) and (i)]

is consequential to the repeal of the Naturopaths Act and the Psychologists

Act and establishment of colleges responsible for registration of naturopaths

and psychologists under the Health Professions Act .

Medicare Protection Act

SECTION 13: [Medicare Protection Act, amends

section 1] is consequential

to the repeal of the Naturopaths Act and establishment of a college responsible for

registration of naturopaths under the Health Professions Act .

Mental Health Amendment Act, 1998

SECTION 14: [Mental Health Amendment Act, 1998, amends

section 1 (e)]

corrects an error that inadvertently arose in the definition of "patient"

in the Mental Health Act as a consequence of a House Amendment to Bill

22, the Mental Health Amendment Act, 1998 .

Motor Vehicle Amendment Act, (No. 2), 1997

SECTION 15: [Motor Vehicle Amendment Act, (No. 2), 1997, amends

section 31]

is consequential to the repeal of the Psychologists Act by this Bill.

Naturopaths Act

SECTION 16: [Naturopaths Act, repeals the Act] provides for the repeal of

the Act in order to permit the establishment of a college responsible for registration of

naturopathic physicians under the Health Professions Act .

Patients Property Act

SECTION 17: [Patients Property Act, amends

section 1] reflects amendments

to the Mental Health Act made by the Mental Health Amendment Act, 1998 .

SECTION 18: [Patients Property Act, amends

section 11 (1)] reflects

amendments to the Mental Health Act made by the Mental Health Amendment Act,

1998 .

Psychologists Act

SECTION 19: [Psychologists Act, repeals the Act] provides for the repeal

of the Act in order to permit the establishment of a college responsible for registration

of psychologists under the Health Professions Act .

Workers Compensation Act

SECTION 20: [Workers Compensation Act, amends

section 1] is consequential

to the repeal of the Naturopaths Act and establishment of a college responsible for

registration of naturopaths under the Health Professions Act .

SECTION 21: [Validation – appointments of public health inspectors] validates

existing appointments of public health inspectors under

section 41 of the Health Act .

SECTION 22: [Validation – operation of Keremeos D&T Centre by the

Okanagan-Similkameen RHD] validates operation of the Keremeos D&T Centre by

the Okanagan-Similkameen Regional Hospital District as indicated.

SECTION 23: [Transitional – Naturopaths Act and Psychologists Act]

facilitates the transition of these health professions from operation under their own Acts

to operation under the Health Professions Act .

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada