2020 Legislative Session: 5th Session, 41st Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 8th day of July, 2020

Kate Ryan-Lloyd, Clerk of the Legislative Assembly

HONOURABLE DAVID R. P. EBY

ATTORNEY GENERAL

BILL 19 – 2020

COVID-19 RELATED MEASURES ACT

Contents

Part 1 –

Definitions and Application

Definitions

Conflict

Part 2 – COVID-19 Provisions

Re-enactment and continuation of EPA instruments

Reports

Part 3 – Limits on Actions and Proceedings

No actions or proceedings

Protection continues

7-9

Repeal and Related Amendments

Commencement

Schedule 1

Schedule 2

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

Province of British Columbia, enacts as follows:

Part 1 –

Definitions and Application

Definitions

In this Act:

"COVID-19 pandemic" means the pandemic that was the subject of the declaration of a state of emergency made under the Emergency Program Act on March 18, 2020;

"COVID-19 provision" means a provision enacted by

section 3 (1);

"declaration of a state of emergency" has the same meaning as in the Emergency Program Act ;

"EPA instrument" means an order or regulation, listed in

Schedule 1 or 2, that was made under

section 10 or 10.1 of the Emergency Program Act .

Conflict

2 If there is a conflict between

(

a) this Act, including a COVID-19 provision, or a regulation under this Act, and

(

b) any other Act or regulation,

the enactment referred to in paragraph (

a) prevails.

Part 2 – COVID-19 Provisions

Re-enactment and continuation of EPA instruments

(1) Each of the EPA instruments is enacted as a provision of this Act.

(2) An EPA instrument is repealed on its enactment as a COVID-19 provision by subsection

(1).

(3) Subject to subsection (8) (b), the enactment of a COVID-19 provision by subsection (1) is effective,

(

a) respecting EPA instruments in

Schedule 1, on the date of the relevant declaration

of a state of emergency, and

(

b) respecting EPA instruments in

Schedule 2, on the date the instrument was made

under

section 10 or 10.1 of the Emergency Program Act .

(4) For certainty, a COVID-19 provision remains in effect in accordance with this

section despite

(

a) the Emergency Program Act , and

(

b) anything in the COVID-19 provisions to the contrary.

(5) Subject to subsections (6) and (8), a COVID-19 provision is repealed as follows:

(

a) respecting items 1 to 6 in

Schedule 1 and items 1, 2, 5, 7 to 9, 13, 16, 17,

19, 20 and 21 in

Schedule 2, 90 days after the date on which the last extension of

the declaration of a state of emergency made March 18, 2020 under

section 9 (1) of

the Emergency Program Act expires or is cancelled;

(

b) respecting items 3, 4, 6, 10 to 12, 14, 15 and 18 in

Schedule 2, 45 days after

the date on which the last extension of the declaration of a state of emergency made

March 18, 2020 under

section 9 (1) of the Emergency Program Act expires or is cancelled;

(

c) respecting EPA instruments added to

Schedule 1 or 2 after this Act comes into

force, as determined by regulation.

(6) The Lieutenant Governor in Council may, before a COVID-19 provision is repealed

under subsection (5), specify by regulation a later date on which the COVID-19 provision

is repealed, and if a later date is so specified, the COVID-19 provision is repealed

on that later date.

(7) The Lieutenant Governor in Council may not specify a date for the purposes of

subsection (6) that is later than the date that is one year after the date this Act

comes into force.

(8) The Lieutenant Governor in Council may, by regulation,

(

a) repeal a COVID-19 provision or a portion of a COVID-19 provision, and

(

b) add to

Schedule 1 or 2 an order made under

section 10 of the Emergency Program Act or a regulation made under

section 10.1 of that Act respecting the COVID-19 pandemic.

(9) The Lieutenant Governor in Council may make a regulation under subsection (6)

or (8) (

b) only if satisfied it is necessary to do so to respond to or alleviate the

effects of the COVID-19 pandemic.

(10) A regulation under subsection (8) may be made retroactive to a specified date

and, if made retroactive, is deemed to have come into force on the specified date.

(11) 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.

Reports

(1) The minister responsible for the administration of the Emergency Program Act must report to the Speaker of the Legislative Assembly on the following made under that Act respecting the COVID-19 pandemic:

(

a) an order made under

section 10;

(

b) a regulation made under

section 10.1.

(2) The minister responsible for the administration of this Act must report to the Speaker of the Legislative Assembly on a regulation made under this Act.

(3) A report under this

section must

(

a) include a copy of the relevant order or regulation, and

(

b) be made within 5 days from the date the order or regulation was made.

(4) On receipt of a report under this section, the Speaker must lay the report before the Legislative Assembly as soon as possible.

Part 3 – Limits on Actions and Proceedings

No actions or proceedings

(1) Subject to subsection (2) and the regulations, no legal proceeding for prescribed damages related to the COVID-19 pandemic lies or may be commenced or maintained against a prescribed person or a person in a prescribed class of persons because of

(

a) any prescribed act or omission of the person, or

(

b) any act or omission of the person in a prescribed class of acts or omissions.

(2) Subsection (1) does not apply in relation to damages caused by gross negligence.

(3) The Lieutenant Governor in Council may make regulations for the purposes of this

section, including, without limitation, regulations restricting the protection provided

under subsection (1) or imposing conditions on the protection.

(4) A regulation under subsection (3) may be made retroactive to a specified date

and, if made retroactive, is deemed to have come into force on the specified date.

Protection continues

For certainty, despite the repeal of

section 5, the repeal does not affect any protection

acquired under that section.

Repeal and Related Amendments

Repeal

7 Sections 1 to 5 of this Act are repealed on the date that is one year after the date

this Act comes into force.

Emergency Program Act

Section 10 of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by adding

" , without limitation, " after " an emergency or a disaster, including ".

9 The following sections are added:

Powers of Lieutenant Governor in Council in declared state of emergency

10.1

(1) After a declaration of a state of emergency is made under

section 9 (1), and for

the duration of the state of emergency, the Lieutenant Governor in Council may, subject

to this section, make regulations as follows to prevent, respond to or alleviate the

effects of an emergency or a disaster:

(

a) making an exception to an enactment;

(

b) establishing limits on the application of an enactment;

(

c) establishing powers, duties, functions or obligations that apply in place of

or in addition to an enactment;

(

d) establishing conditions in relation to anything done or established under paragraphs (

a) to (c).

(2) Without limiting subsection (1) and subject to this section, the Lieutenant Governor

in Council may make regulations as follows to prevent, respond to or alleviate the

effects of an emergency or a disaster:

(

a) suspending the application of a provision that establishes a limitation period

or a period of time within which a proceeding or process must be commenced or a step

must be taken in a proceeding or process;

(

b) setting out a replacement limitation period or period of time for one suspended

under paragraph (

a) of this subsection;

(

c) authorizing an issuer of a permit, licence or other authorization to modify the

conditions of a permit, licence or other authorization or to add or remove conditions

of a permit, licence or other authorization;

(

d) authorizing a person, tribunal or other body that has a statutory power of decision

to waive, suspend or extend a mandatory time period relating to the exercise of that

power.

(3) The Lieutenant Governor in Council may make a regulation under subsection

(1) or (2) only if satisfied that the benefit of making the regulation is proportionate

to the benefit of the continued application of the enactment as it is before the making

of the regulation.

(4) A limitation period or period of time established under subsection (2) (

b) or

extended by authorization under subsection (2) (

d) may extend beyond the date when

the relevant declaration of a state of emergency expires or is cancelled.

(5) If a provision establishing a limitation period or a period of time within which

a proceeding or process must be commenced or a step must be taken in a proceeding

or process is temporarily suspended by regulation under subsection (2) (

a) and the

regulation does not provide for a replacement limitation period or period of time,

the limitation period or period of time resumes running on the date on which the relevant

declaration of a state of emergency expires or is cancelled, and the temporary suspension

period is not to be counted.

(6) If a provision requiring the payment of a fee is temporarily suspended by a regulation

under subsection (1) or (2) and the regulation does not provide for a replacement

fee, no fee is payable at any time with respect to things done during the temporary

suspension period.

(7) This

section does not authorize regulations

(

a) shortening a limitation period or a period of time within which a proceeding

or process must be commenced or a step must be taken in a proceeding or process, or

(

b) increasing the amount of a fee.

(8) A regulation under subsection (1) or (2) may be made retroactive to a specified

date that is not earlier than the date of the relevant declaration of a state of emergency

and, if made retroactive, is deemed to have come into force on the specified date.

Enforcement

10.2

The Lieutenant Governor in Council may, by regulation, specify that a failure to comply

with a provision of a regulation made under

section 10.1 (1) or (2) is to be treated

as though it were a failure to comply with the Act to which that provision relates.

Commencement

10 This Act comes into force by regulation of the Lieutenant Governor in Council.

Schedule 1

Item

Column 1

Ministerial Order Title

Column 2

Ministerial Order Number

Electronic Attendance at Strata Property Meetings (COVID-19) Order

M114/2020

Electronic Attendance at Corporate Meetings (COVID-19) Order

M116/2020

Electronic Attendance at Credit Union Meetings (COVID-19) Order

M138/2020

Local Government Meetings and Bylaw Process (COVID-19) Order No. 2

M139/2020

Electronic Attendance at Statutory Meetings (COVID-19) Order

M167/2020

Correctional Centre Measures (COVID-19) Order

M193/2020

Schedule 2

Item

Column 1

Ministerial Order Title

Column 2

Ministerial Order Number

Bylaw Enforcement Officer (COVID-19) Order

M082/2020

Local Authorities and Essential Goods and Supplies (COVID-19) Order

M084/2020

Limitation Periods (COVID-19) Order

M086/2020

Residential Tenancy (COVID-19) Order

M089/2020

Provincial Compliance Officer (COVID-19) Order

M093/2020

Protection Against Liability (COVID-19) Order

M094/2020

Limitation Periods (COVID-19) Order No. 2

M098/2020

Health Care Labour Adjustment (COVID-19) Order

M105/2020

Prohibition on Unconscionable Prices for Essential Goods and Supplies (COVID-19) Order

M115/2020

Protection Against Liability (COVID-19) Order No. 2

M120/2020

Supreme Court Civil and Family Applications (COVID-19) Order

M121/2020

Encampment Health and Safety (COVID-19) Order

M128/2020

Employment and Assistance (COVID-19) Order

M133/2020

Encampment Health and Safety (COVID-19) Order No. 2

M150/2020

Encampment Health and Safety (COVID-19) Vancouver Enforcement Order

M152/2020

Local Government Finance (COVID-19) Order

M159/2020

Electronic Witnessing of Enduring Powers of Attorney and Representation Agreements

(COVID-19) Order

M162/2020

Encampment Health and Safety (COVID-19) Victoria Enforcement Order

M166/2020

Electronic Attendance at UBCM Convention (COVID-19) Order

M168/2020

Protection Against Liability for Sports (COVID-19) Order

M183/2020

Local Government Meetings and Bylaw Process (COVID-19) Order No. 3

M192/2020

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