BILL 26 – 2006
SUPPLEMENTS REPEAL ACT

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

Supplements repealed

1 (1) The Supplements to the following Acts are repealed:

(a) Animal Disease Control Act, R.S.B.C. 1996, c. 14;

(b) British Columbia Enterprise Corporation Act, R.S.B.C. 1996, c. 35;

(c) British Columbia Transit Act, R.S.B.C. 1996, c. 38;

(d) Commercial Arbitration Act, R.S.B.C. 1996, c. 55;

(e) Commercial Transport Act, R.S.B.C. 1996, c. 58;

(f) Coroners Act, R.S.B.C. 1996, c. 72;

(g) Court Order Enforcement Act, R.S.B.C. 1996, c. 78;

(h) Court Rules Act, R.S.B.C. 1996, c. 80;

(i) Enforcement of Canadian Judgments Act, R.S.B.C. 1996, c. 115;

(j) Expropriation Act, R.S.B.C. 1996, c. 125, except section 1 of the Supplement as it repeals and replaces paragraph (b) of the definition of "owner" in section 1 of the Act;

(k) Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127;

(l) Family Relations Act, R.S.B.C. 1996, c. 128;

(m) Federal Courts Jurisdiction Act, R.S.B.C. 1996, c. 135;

(n) Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181;

(o) Health Emergency Act, R.S.B.C. 1996, c. 182;

(p) Heritage Conservation Act, R.S.B.C. 1996, c. 187;

(q) Hospital Act, R.S.B.C. 1996, c. 200.

(2) The Supplements to the following Acts are repealed:

(a) Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, except section 1 (a) of the Supplement;

(b) Jury Act, R.S.B.C. 1996, c. 242;

(c) Land Title Act, R.S.B.C. 1996, c. 250, except sections 3 and 10 (a) of the Supplement;

(d) Law and Equity Act, R.S.B.C. 1996, c. 253;

(e) Limitation Act, R.S.B.C. 1996, c. 266, except section 3 of the Supplement;

(f) Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267;

(g) Medicare Protection Act, R.S.B.C. 1996, c. 286;

(h) Members' Conflict of Interest Act, R.S.B.C. 1996, c. 287;

(i) Motor Dealer Act, R.S.B.C. 1996, c. 316;

(j) Motor Vehicle Act, R.S.B.C. 1996, c. 318;

(k) Motor Vehicle (All Terrain) Act, R.S.B.C. 1996, c. 319;

(l) Nurses (Registered) Act, R.S.B.C. 1996, c. 335;

(m) Offence Act, R.S.B.C. 1996, c. 338;

(n) Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363;

(o) Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383;

(p) Railway Act, R.S.B.C. 1996, c. 395;

(q) Transport of Dangerous Goods Act, R.S.B.C. 1996, c. 458;

(r) Trustee Act, R.S.B.C. 1996, c. 464;

(s) Wills Variation Act, R.S.B.C. 1996, c. 490.

Further Supplements repealed

2 The Supplements to the following Acts are repealed:

(a) Adult Guardianship Act, R.S.B.C. 1996, c. 6;

(b) Assessment Act, R.S.B.C. 1996, c. 20;

(c) Credit Union Incorporation Act, R.S.B.C. 1996, c. 82;

(d) Estate Administration Act, R.S.B.C. 1996, c. 122;

(e) Expropriation Act, R.S.B.C. 1996, c. 125, except section 1 of the Supplement as it repeals and replaces paragraph (b.1) of the definition of "owner" in section 1 of the Actand section 2 of the Supplement;

(f) Financial Institutions Act, R.S.B.C. 1996, c. 141;

(g) Forest Act, R.S.B.C. 1996, c. 157;

(h) Home Owner Grant Act, R.S.B.C. 1996, c. 194;

(i) Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, except section 3;

(j) Land Title Act, R.S.B.C. 1996, c. 250, except sections 1, 2, 5, 6, 9 and 11 of the Supplement;

(k) Limitation Act, R.S.B.C. 1996, c. 266, except sections 1 and 2 of the Supplement;

(l) Mental Health Act, R.S.B.C. 1996, c. 288;

(m) Mineral Tax Act, R.S.B.C. 1996, c. 291;

(n) Partition of Property Act, R.S.B.C. 1996, c. 347;

(o) Partnership Act, R.S.B.C. 1996, c. 348;

(p) Patients Property Act, R.S.B.C. 1996, c. 349;

(q) Personal Property Security Act, R.S.B.C. 1996, c. 359;

(r) Power of Attorney Act, R.S.B.C. 1996, c. 370;

(s) Representation Agreement Act, R.S.B.C. 1996, c. 405;

(t) Securities Act, R.S.B.C. 1996, c. 418.

Transitional -- repeal of inoperative provisions

3 (1) If any provision of section 1 or 2 is inoperative because the Supplement it purports to repeal is effectively repealed by another enactment before the provision of section 1 or 2 comes into force, the inoperative provision is repealed.

(2) If any provision of an enactment is inoperative because the Supplement it purports to amend or repeal is effectively repealed under section 1 or 2, the inoperative provision is repealed.

 
Consequential Amendments

 
Commercial Arbitration Act

4 Section 16 (3) of the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, is repealed and the following substituted:

(3) In considering whether to revoke the authority of an arbitrator, the court must consider whether

(a) the arbitration agreement was freely made,

(b) the matters in dispute are factually or legally complex,

(c) the intended arbitrator is qualified to settle the factual or legal matters in dispute,

(d) the intended arbitrator is potentially biased, and

(e) fraud is alleged by a party to the court proceeding.

 
Family Maintenance Enforcement Act

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

(a) in paragraph (a) of the definition of "court" by adding "2.1," after "in sections", and

(b) in the definition of "maintenance order" by adding the following paragraph:

(a.1) a bench order made under section 2.1, .

6 The following section is added:

Bench maintenance orders

2.1 (1) A party to an application for a maintenance order or a variation of a maintenance order must file with the court a statement in the prescribed form indicating whether the party wishes the maintenance order filed with the director.

(2) The statement may be filed under subsection (1) at any time up to the hearing of the application for the maintenance order or for the variation of a maintenance order.

(3) If a statement requesting the filing of a maintenance order with the director has been filed under subsection (1), both parties must complete and file with the court before the hearing of the application an enforcement statement in the prescribed form.

(4) If a statement requesting the filing of a maintenance order with the director has been filed under subsection (1), the court, on making or varying the maintenance order, must make a bench order in the prescribed form setting out the terms of the maintenance order.

(5) A bench order must be completed and signed by the court at the time the maintenance order is made and must be filed with the court immediately after it is signed, even if the maintenance order has not been settled or signed at that time.

(6) The clerk or registrar of the court that makes the bench order must

(a) file the bench order with the director promptly after it is signed by and filed with the court, and

(b) forward each enforcement statement to the director with the bench order.

7 Section 33 (2) is amended by adding "2.1," after "sections".

8 Section 49 (1) is amended by adding the following paragraph:

(a.1) knowingly gives false information in an enforcement statement filed under section 2.1 (3); .

 
Family Relations Act

9 Section 1 of the Family Relations Act, R.S.B.C. 1996, c. 128, is amended in the definition of "parent" by adding ", except in section 25 (2)," after "includes".

10 Section 25 (2) and (3) is repealed and the following substituted:

(2) A guardian of the person of a child, who is not the parent of the child, has the same powers and duties in respect of the child as a parent having care and control of a child, except the power to appoint a guardian of the child.

(3) Subject to the Infants Act and this Act, a guardian of the estate of a child has all the powers and duties the guardian would have if he or she were a trustee with respect to the property of the child, including

(a) the power to assume charge of and the duty of being responsible for the care and management of the property of the child, and

(b) the power to deal with the property and apply the property or the income from the property, or both, for the maintenance and education of the child and for any other purpose of benefit to the child.

 
Health Care (Consent) and Care Facility (Admission) Act

11 Section 14 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended by adding the following subsections:

(2) However, if

(a) the adult or someone who is consulted under subsection (1) objects to the major health care or the decision about the adult's incapability, or

(b) the adult is not accompanied by a spouse, relative or friend,

the health care provider must arrange for an assessment, in accordance with the regulations, of whether or not the adult needs the proposed major health care and is incapable of giving, refusing or revoking consent to it.

(3) If an assessment under subsection (2) indicates that the adult needs the major health care and is incapable of giving, refusing or revoking consent to it, the health care provider may, subject to subsection (4), provide the health care if someone chosen under section 16 has authority to consent to the major health care and gives substitute consent.

(5) In addition, the health care provider must notify a prescribed advocacy organization of the decision or assessment that the adult for whom the major health care is proposed is incapable, and of the other information listed in subsection (4) (a), if

(a) the adult objects to the major health care or the decision about the adult's incapability,

(b) the adult is not accompanied by a spouse, relative or friend,

(c) any spouse, relatives or friends accompanying the adult dispute among themselves about the major health care, or

(d) the adult's rights under this Act may be at risk.

(9) A health care provider may notify the Public Guardian and Trustee if the health care provider believes that an adult who is incapable of giving, refusing or revoking consent needs major health care that is of a type that

(a) the adult's substitute decision maker, guardian or representative is not authorized to consent to, or

(b) someone chosen under section 16 is not authorized to consent to.

(10) On being notified under subsection (9), the Public Guardian and Trustee may apply to the court under the Adult Guardianship Act for

(a) the appointment of a substitute decision maker or guardian for the adult, or

(b) a change to an existing order appointing a substitute decision maker or guardian.

12 Section 18 is amended by adding the following subsection:

(3) If any person referred to in subsection (2) does not agree on any matter referred to in subsection (2) (a) or (b), that person or the Public Guardian and Trustee may apply under the Adult Guardianship Act for the appointment of a substitute decision maker or guardian for the adult.

13 The following Part is added:

Part 3 -- Admission to a Care Facility

Facility care proposal required

20 (1) The operator of a care facility must not admit an adult to live in the facility unless the adult or a person authorized under section 22 has accepted a facility care proposal that includes information about

(a) the types and levels of care and the activities provided in the facility,

(b) the policies followed in the facility, and

(c) any other prescribed subject.

(2) The operator of the care facility must explain the facility care proposal to the adult.

(3) When explaining the facility care proposal, the operator of the care facility

(a) must communicate with the adult in a manner appropriate to the adult's skills and abilities, and

(b) may allow any spouse, relative or friend who accompanies the adult, or who offers assistance, to help the adult to understand or demonstrate an understanding of the proposal.

If a facility care proposal is rejected

21 (1) A person authorized under subsection (2) may arrange for an assessment by a designated agency of whether an adult who has rejected a care facility proposal is incapable of making that decision, if the authorized person has reason to believe that

(a) the adult needs and would benefit from admission to the care facility mentioned in the facility care proposal, and

(b) the adult is incapable of deciding to reject the proposal.

(2) An assessment under subsection (1) may be arranged by one of the following persons:

(a) a substitute decision maker, guardian or representative who is authorized to make decisions about the adult's personal care;

(b) the adult's spouse;

(c) a relative referred to in section 22 (2) (b) to (e);

(d) the adult's medical practitioner;

(e) the Public Guardian and Trustee, if no one else is available.

(3) In assessing whether the adult is incapable of deciding to reject the facility care proposal, the designated agency must

(a) comply with the regulations governing assessments, and

(b) consider whether the adult demonstrates that he or she understands the facility care proposal, and the reason for admission to the care facility.

Who can accept the proposal if the adult is incapable

22 (1) If the designated agency decides that the adult is incapable of rejecting the facility care proposal, a substitute decision maker, guardian or representative who has authority to do so may accept or reject the proposal.

(2) If the adult has no substitute decision maker, guardian or representative with authority to accept a facility care proposal, the first, in listed order, of the following who is available and who qualifies under subsection (3) may accept or reject the proposal:

(a) the adult's spouse;

(b) the adult's child;

(c) the adult's parent;

(d) the adult's brother or sister;

(e) anyone else related by birth or adoption to the adult.

(3) To qualify to accept or reject a facility care proposal, a person must

(a) be at least 19 years of age,

(b) have been in contact with the adult during the preceding 12 months,

(c) have no dispute with the adult, and

(d) be capable of accepting or rejecting the proposal.

(4) Before accepting or rejecting the facility care proposal, a person authorized under this section must

(a) consult, to the greatest extent possible, with the adult and with any spouse, friend or relative of the adult who asks to assist, and

(b) decide to accept or reject the proposal, in the adult's best interests.

(5) In deciding whether the facility care proposal is in the adult's best interests, the person authorized under this section must consider

(a) the adult's current wishes, values and beliefs,

(b) whether the adult would benefit from admission to a care facility, and

(c) whether a less restrictive type of care facility would be as beneficial to the adult as the proposed care facility.

(6) If no one listed in subsection (2) is available or qualifies under subsection (3) or if there is a dispute about who is entitled to accept or reject the facility care proposal, the Public Guardian and Trustee may

(a) accept the proposal, or

(b) apply to the court under Part 2 of the Adult Guardianship Act.

(7) A person who is authorized to accept or reject a facility care proposal has the right to all the information necessary to make an informed decision and section 17 (7) and (8) applies.

Duty to notify others of admission

23 (1) If an adult is admitted to a care facility after a facility care proposal is accepted for the adult under section 22, the operator of the care facility must notify the following of the admission:

(a) the adult's spouse, or a relative or friend of the adult, if known to the operator;

(b) the adult's medical practitioner;

(c) the adult's substitute decision maker, guardian or representative.

(2) The notice of admission must be in the prescribed form and must be delivered within 72 hours after the adult's admission to the care facility.

(3) The operator of the care facility must notify a prescribed advocacy organization of the adult's admission if

(a) the adult objects to the admission,

(b) any spouse, relatives or friends accompanying the adult dispute among themselves about the admission,

(c) the adult has no spouse, relatives or friends and has been admitted by the Public Guardian and Trustee under section 22 (6), or

(d) the operator has reason to believe that the adult's rights under this Act may be at risk.

Authority to consent to health care not included

24 A person who is authorized under section 22 to accept or reject a facility care proposal for an adult is not authorized to give or refuse consent to health care for the adult unless that person is authorized under Part 2 of this Act.

Use of restraints

25 (1) The operator of a care facility must not restrain, by physical, chemical or other means, the freedom of movement of an adult who is living in the facility unless

(a) all alternatives have been exhausted,

(b) the restraint is as minimal as possible,

(c) the restraint has been approved by a person authorized under section 22 (1), (2) or (6) and by a medical practitioner whose approval is based on the opinion of another health care provider, and

(d) the necessity for the restraint is periodically reassessed in accordance with the regulations.

(2) A person authorized under section 22 (1), (2) or (6) may approve a decision to restrain the adult's freedom of movement if

(a) the person consults, to the greatest extent possible, with the adult and with any spouse, relative or friend of the adult who asks to assist, and

(b) the decision is in the adult's best interests or for the protection of others.

(3) The operator of a care facility may restrain the adult's freedom of movement, even though the restraint is not approved under subsection (1) (c), if

(a) the restraint is necessary to preserve the adult's life or to prevent serious physical harm to the adult or others,

(b) the adult is restrained for no longer than necessary and, at the most, for no longer than 72 hours,

(c) a health care provider reassesses the necessity for the restraint at least every 8 hours, and

(d) the operator ensures that the adult's comfort and safety is monitored in accordance with the regulations.

(4) If the adult is restrained under this section, the operator of the care facility must

(a) notify, in the prescribed form, any person who accepted a facility care proposal for the adult, and

(b) record the restraint in accordance with the regulations.

Right to leave care facility

26 (1) An adult who has been admitted to live in a care facility has the right to move out of the facility unless he or she is incapable of making that decision.

(2) The adult's substitute decision maker, guardian or representative or the person who accepted the facility care proposal for the adult may remove the adult from the care facility if

(a) the adult is incapable of making the decision to move out of the facility, and

(b) removing the adult from the facility is in the adult's best interests.

14 Section 33 is amended by adding the following paragraph:

(c) someone's authority to accept or reject a facility care proposal, .

 
Health Emergency Act

15 Section 6 of the Health Emergency Act, R.S.B.C. 1996, c. 182, is amended by adding the following subsection:

(6) If an applicant for registration fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that an applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the board must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the profession by the emergency medical assistant.

16 The following section is added:

Criminal Records Review Act

8.1 If an emergency medical assistant refuses to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that a registered emergency medical assistant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the board must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the registration of the emergency medical assistant or suspend or cancel the registration of the emergency medical assistant.

17 Section 9 (1) is amended by adding "or 8.1" after "under section 7".

 
Hospital Act

18 Section 2 (2) of the Hospital Act, R.S.B.C. 1996, c. 200, is amended by striking out "including medical staff bylaws," and substituting "including medical staff bylaws and other practitioner staff bylaws,".

Commencement

19 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: