BILL 14 — 2021
EARLY CHILDHOOD EDUCATORS ACT
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
Definitions
1 In this Act:
"approved program" means a
program that is approved under section 10 [approval of
eligible programs];
"board" means the Community
Care and Assisted Living Appeal Board continued under section 29 [appeals
to the board] of the Community Care and Assisted
Living Act;
"child" means an individual
under the age of 13 years;
"institution" means any of
the following:
(a) an institution that holds a designation
certificate as defined in the Private Training Act;
(b) an institution as defined in the College
and Institute Act;
(c) a university as defined in the University
Act, the Royal Roads University Act or the Thompson
Rivers University Act;
(d) an entity in a prescribed class of entities;
"official website" means a
website that is
(a) established and maintained by or on behalf of
the government, and
(b) accessible by the public without charge;
"registrant" means an
individual who is registered under section 5 [registration of
eligible individuals];
"registrar" means the
person designated as registrar under section 2 [designation
of registrar].
Part 2 –
Registration of Early Childhood Educators and
Approval of Programs
Division 1
– Registrar and Registry
Designation of registrar
2 The minister must
designate, as registrar, a person who is appointed under the Public
Service Act.
Delegation by registrar
3 (1) The registrar
may delegate to any person or class of persons any power or duty
given to the registrar under this Act.
(2) A delegation under subsection (1) must be in
writing and may include any terms or conditions the registrar
considers advisable.
Registry
4 (1) The registrar
must establish and maintain on the official website a registry
that includes the following information about every individual who
is a registrant:
(a) the individual's name;
(b) the class of registrants in which the individual
is registered;
(c) any conditions of, or limitations on, the
individual's registration;
(d) the date the individual's registration expires;
(e) if there is a suspension of the individual's
registration that is in effect, a note of the suspension;
(f) any other information required by the
regulations.
(2) If an individual's registration expires or is
cancelled, the registrar may, for the period of time prescribed,
include the following information in the registry:
(a) the individual's name;
(b) a note of the expiry or cancellation;
(c) the date of the expiry or cancellation;
(d) any other information required by the
regulations.
(3) The registrar must include in the registry the
following information about every program that is an approved
program:
(a) the name of the program;
(b) the name of the institution offering the
program;
(c) the class of registrant for which the program is
approved;
(d) any conditions of, or limitations on, the
approval of the program;
(e) the location, if any, for which the program is
approved;
(f) if the program is offered in whole or in part
through distance education, a note of that fact;
(g) if there is a suspension of the program's
approval that is in effect, a note of the suspension;
(h) any other information required by the
regulations.
(4) If a program's approval is cancelled, the
registrar may, for the period of time prescribed, include the
following information in the registry:
(a) the name of the program and the institution that
offers or offered it;
(b) a note of the cancellation;
(c) the date of the cancellation;
(d) the location, if any, for which the program had
been approved;
(e) if the program is or was offered in whole or in
part through distance education, a note of that fact;
(f) any other information required by the
regulations.
Division 2
– Early Childhood Educators
Registration of eligible
individuals
5 (1) On
application by an individual in accordance with this section, the
registrar must register the individual if the registrar is
satisfied that
(a) the individual is of good character and is
otherwise fit and proper to work with children,
(b) the individual meets the education, training,
experience and any other requirements established by regulation,
and
(c) the individual is not disqualified under this
Act from being registered.
(2) An application for registration must
(a) be given to the registrar in the form and manner
required by the registrar,
(b) include the information and records required by
the regulations, and
(c) in the case of an applicant who is a minor, be
signed by a parent or guardian of the applicant.
(3) For the purpose of determining whether an
applicant is eligible to be registered, the registrar may
(a) require the applicant to provide any information
and records the registrar considers necessary, and
(b) exercise the powers prescribed, if any.
(4) The registrar may register an individual subject
to a condition or limitation if the registrar is satisfied that
the condition or limitation is necessary for either or both of the
following purposes:
(a) to ensure the health, safety or well-being of a
child;
(b) to ensure the individual's compliance with this
Act or the regulations.
(5) The registrar must give an individual written
notice within 7 days after making any of the following decisions:
(a) a decision to refuse to register the individual;
(b) a decision to impose a condition or limitation
on an initial registration of the individual;
(c) a decision to impose a new condition or
limitation, or vary a condition or limitation, on a renewal of a
registration of the individual.
(6) A notice under subsection (5) must include
(a) the registrar's reasons for the decision to
which the notice relates, and
(b) information about any right to request
reconsideration.
(7) The registrar must cancel the registration of a
registrant if the registrar receives either
(a) a written request for cancellation from the
registrant, or
(b) written notice of the registrant's death.
Duty of registrants to
notify registrar
6 A registrant must
give the registrar written notice within 30 days after any of the
following events:
(a) a change is made to the registrant's name or
contact information;
(b) the registrant is charged with or convicted of a
specified offence, as defined in the Criminal Records Review
Act;
(c) an action is taken in relation to the registrant
as a result of a finding of professional misconduct, incompetence
or incapacity or other similar finding made by a professional
association or other entity with regulatory responsibility over
the registrant.
Duty of confidentiality
7 (1) In this
section, "parent" includes the
following:
(a) a guardian of a minor;
(b) the person legally entitled to custody or
control of a minor;
(c) the person who usually has the care and control
of a minor.
(2) A person who, while acting in the person's
capacity as a registrant, obtains information about a child or a
family member of a child must not use or disclose the information
except as follows:
(a) for the purpose of performing the person's
duties as a registrant;
(b) with the written consent of the person to whom
the information relates or, if the person is a minor, with the
written consent of a parent of that person;
(c) as authorized or required under this Act;
(d) in a proceeding under this Act;
(e) as required by law.
Prohibition and limitation
– use of reserved titles
8 (1) If a
regulation under this Act prescribes a title to be used
exclusively by a particular class of registrant, a person other
than a registrant in that class must not use the title, an
abbreviation of the title or an equivalent of the title or
abbreviation in another language,
(a) to describe the person's work,
(b) in association with or as part of another title
describing the person's work, or
(c) in association with a description of the
person's work.
(2) A person other than a registrant must not use a
reserved title or other name, title, description or abbreviation
of a name or title, or an equivalent of a reserved title or other
name or title in another language, in any manner that expresses or
implies that the person is a registrant.
Prohibition on adverse
actions
9 A registrant must
not interrupt, discontinue or otherwise adversely affect, or
threaten to interrupt, discontinue or otherwise adversely affect,
the provision of a service or program in relation to which the
registrant is employed or engaged to work with children, or in
relation to which the registrant works with children as a
volunteer or student, as a result of the following:
(a) a complaint under section 13 [complaints];
(b) any other report to the registrar about the
conduct of the registrant;
(c) a suggested or stated intention to make such a
complaint or report.
Division 3
– Approved Programs
Approval of eligible
programs
10 (1) On
application by an institution in accordance with this section, the
registrar may approve a program offered by the institution at a
particular location or through distance education, or both, if the
registrar is satisfied that
(a) the program enables an applicant for
registration to meet a competency, if any, prescribed for the
applicable class of registrant,
(b) the institution, in relation to each approved
program offered by the institution, is in compliance with the Act
and the regulations or will comply with the Act and the
regulations within a time established by the registrar, and
(c) any other requirements established by regulation
in relation to the institution or program are met.
(2) An application for program approval must
(a) be given to the registrar in the form and manner
required by the registrar, and
(b) include the information and records required by
the regulations.
(3) For the purpose of determining whether a program
is eligible to be approved, the registrar may
(a) require the applicant to provide any information
and records the registrar considers necessary, and
(b) exercise the powers prescribed, if any.
(4) The registrar may approve a program subject to a
condition or limitation if the registrar is satisfied that the
condition or limitation is necessary to ensure compliance with
this Act or the regulations.
(5) The registrar must give the institution written
notice within 7 days after making any of the following decisions:
(a) a decision to refuse to approve a program;
(b) a decision to impose a condition or limitation
on the approval of a program.
(6) A notice under subsection (5) must include
(a) the registrar's reasons for the decision to
which the notice relates, and
(b) information about any right to request
reconsideration.
(7) The registrar must cancel the approval of a
program if the registrar receives either
(a) a written request for cancellation from the
institution offering the program, or
(b) written notice that the program is no longer
operating.
Duty of institutions to
notify registrar
11 (1) An
institution offering an approved program must give the registrar
written notice within 30 days after either of the following
events:
(a) a change is made to the institution's contact
information;
(b) an action that affects the approved program is
taken as a result of a finding made by an entity with regulatory
responsibility over the institution.
(2) An institution offering an approved program must
give the registrar written notice at least 90 days before making
any of the following changes:
(a) a change in the location at which the approved
program is offered;
(b) beginning or ceasing to offer the approved
program through distance education, in whole or in part;
(c) if the approved program is offered in whole or
in part through distance education, a significant change to the
manner in which the approved program is offered;
(d) a change in the curriculum for the approved
program, if the change is related to a competency established
under this Act;
(e) a change in any other matter that is prescribed.
Part 3 –
Compliance and Enforcement
Division 1
– Inspections, Complaints and Investigations
Inspections by registrar
12 (1) For the
purposes of conducting an inspection to ensure compliance with
this Act or the regulations, the registrar may, subject to
subsection (2), do any of the following during regular business
hours of an institution offering an approved program:
(a) enter that part of any premises in which the
institution offers an approved program;
(b) require the institution to provide information
that relates to an approved program;
(c) require the institution to produce or provide
access to records that relate to an approved program;
(d) make copies of records referred to in paragraph
(c);
(e) for the purpose of making copies, remove from
the premises records referred to in paragraph (c);
(f) if an approved program is offered, in whole or
in part, through distance education, require the institution to
provide access to the approved program;
(g) take photographs or make other records;
(h) interview the following:
(i) a person who administers or delivers the
approved program;
(ii) students who are enrolled in the approved
program.
(2) The registrar must not, when conducting an
inspection under subsection (1), enter premises occupied as a
residence without the consent of the occupier, except under the
authority of a warrant issued under subsection (3).
(3) On being satisfied by evidence on oath that entry
into a place is necessary for any purpose relevant to the
administration of this Act or the regulations, a justice may issue
a warrant authorizing an individual named in the warrant to enter
the place in accordance with the warrant in order to exercise the
powers referred to in subsection (1) (a) to (h).
(4) The registrar may make an application for a
warrant under subsection (3) without notice to any person.
Complaints
13 (1) A complaint
against a registrant or in respect of an approved program
(a) may be made to the registrar, and
(b) subject to subsection (2), must be in writing.
(2) The registrar may waive the requirement that a
complaint be in writing if the registrar is satisfied that it is
in the public interest to do so.
Investigations by
registrar
14 (1) Subject to
subsection (2), the registrar must investigate a complaint made
under section 13.
(2) The registrar may refuse to investigate a
complaint or stop investigating a complaint in prescribed
circumstances or if, in the opinion of the registrar, any of the
following apply:
(a) the investigation serves no useful purpose or
cannot reasonably be conducted because of the length of time
between the date that the facts on which the complaint is based
arose and the date the registrar receives the complaint;
(b) the complaint is frivolous, vexatious or trivial
or not made in good faith;
(c) the investigation is not necessary in order to
consider the complaint;
(d) there is no reasonable prospect that the
complaint will be substantiated;
(e) the complaint concerns a matter over which the
registrar has no jurisdiction;
(f) the substance of the complaint has been
appropriately dealt with in another proceeding;
(g) the complainant has, in accordance with the
regulations, withdrawn or abandoned the complaint.
(3) The registrar may conduct an investigation for
the purposes of ensuring compliance with this Act and the
regulations, whether or not the registrar has received a
complaint.
(4) If the registrar initiates an investigation under
this section, subject to the regulations, the registrar must
notify the registrant or institution to which the investigation
relates.
(5) A registrant, or an institution offering an
approved program, must cooperate with an investigation under this
section, including by providing information or records requested
by the registrar.
(6) An individual who is no longer a registrant must
cooperate with an investigation under this section, including by
providing information or records requested by the registrar, if
(a) the individual was a registrant at the time the
matter being investigated arose, and
(b) the individual is the subject of the
investigation or a witness in relation to the matter being
investigated or is likely to have information about the matter.
(7) An institution that no longer offers an approved
program must cooperate with an investigation, including by
providing information or records requested by the registrar, if
(a) the institution offered an approved program at
the time the matter being investigated arose, and
(b) the institution or the approved program is the
subject of the investigation or the institution is likely to have
information about the matter being investigated.
Investigation powers of
registrar
15 (1) Subject to
any regulations, in an investigation, the registrar may consider
any matter the registrar considers relevant, including, without
limitation, the following:
(a) if the investigation relates to a registrant, a
finding of, or action taken in response to, any other
investigation by a person or entity if that finding or action
relates to the individual who is the registrant;
(b) if the investigation relates to an approved
program, a finding of, or action taken in response to, any other
investigation by a person or entity if that finding or action
relates to the approved program or the institution offering the
approved program.
(2) The registrar may continue and complete an
investigation despite any of the following, as applicable:
(a) the expiry, suspension or cancellation of an
individual's registration;
(b) the suspension or cancellation of a program's
approval.
(3) On application by the registrar, the Supreme
Court may make an order requiring a person to disclose to the
registrar information or records in the custody or control of the
person if the court is satisfied that the information or records
are reasonably required by the registrar to determine whether an
individual is eligible to remain registered.
Registrar required to
return records
16 Within a
reasonable time after completing an investigation or inspection,
the registrar must return an original record obtained by the
registrar during the investigation or inspection.
Division 2
– Administrative Actions
Actions relating to
registration
17 (1) This section
applies if the registrar determines that a registrant has done any
of the following:
(a) contravened a provision of this Act or the
regulations;
(b) failed to comply with a condition of, or
limitation on, the registrant's registration;
(c) failed to meet or comply with a requirement or
standard established under this Act in respect of the class of
registrants in which the registrant is registered;
(d) contravened a provision of an enactment of
British Columbia, another province of Canada or Canada that has,
or could be considered to have, as one of its objects the
protection of the health, safety or well-being of a child;
(e) engaged in conduct that is, or may be,
detrimental to the health, safety or well-being of a child.
(2) After giving a registrant at least 30 days'
written notice of a determination under subsection (1), the
registrar may, subject to subsection (4), take one or more of the
following actions:
(a) suspend the registrant's registration;
(b) cancel the registrant's registration;
(c) impose or vary a condition or limitation on the
registrant's registration;
(d) in the case of a suspension under paragraph (a),
impose a condition on the lifting of the suspension or direct that
the suspension be lifted on a date specified in the notice;
(e) in the case of a cancellation under paragraph
(b), impose a condition on the eligibility of the individual to
reapply for registration.
(3) If, under subsection (2), the registrar cancels
the registration of an individual, the individual may not reapply
for registration for a period of 2 years after the date the
cancellation takes effect.
(4) A condition or limitation may be imposed or
varied under subsection (2) (c), (d) or (e) only if the
condition or limitation is necessary to ensure the health, safety
or well-being of a child or to ensure compliance with this Act or
the regulations.
(5) Subject to subsection (6), the registrar
(a) must take reasonable steps to notify the
following of an action taken under subsection (2):
(i) a person who employs the registrant, or
engages the registrant under a contract of service, to work with
children;
(ii) a person on whose behalf a registrant works
with children in the person's capacity as a volunteer or student,
and
(b) may notify an institution of an action taken
under subsection (2) if the registrant in respect of whom the
action is taken is enrolled in an approved program offered by the
institution.
(6) A notification under subsection (5) may be made
only after one of the following:
(a) if no request for reconsideration is made under
section 21 [reconsiderations] in relation to the action
taken, the date on which the time for requesting the
reconsideration expires;
(b) in any other case, the date an appeal under
section 22 [appeals to board] in relation to the action
is decided or, if no appeal is made, the date on which the time
for appealing expires.
(7) If the registrar notifies a person referred to in
subsection (5) (a) (i) or (ii) or (b) of an action taken
under subsection (2) (a), (c) or (d), the registrar must take
reasonable steps to notify the person if the action is
subsequently reversed, varied or, in the case of a suspension,
lifted.
Extraordinary actions
relating to registration
18 (1) If the
registrar has reasonable grounds to believe that a registrant
poses an immediate risk to the health, safety or well-being of a
child, the registrar may, without giving notice to the registrant,
take one or more of the following actions:
(a) suspend the registrant's registration;
(b) subject to subsection (4), impose or vary a
condition or limitation on the registrant's registration.
(2) If the registrar takes an action under subsection
(1),
(a) the registrar must, as soon as practicable after
taking the action, give the registrant written notice of the
action taken,
(b) the registrar must take reasonable steps to
notify the following of the action taken:
(i) a person who employs the registrant, or
engages the registrant under a contract of service, to work with
children;
(ii) a person on whose behalf a registrant works
with children in the person's capacity as a volunteer or student,
and
(c) the registrar may notify an institution of the
action taken if the registrant is enrolled in an approved program
offered by the institution.
(3) If the registrar notifies a person referred to in
subsection (2) (b) (i) or (ii) or (c) of an action taken
under subsection (1), the registrar must take reasonable steps to
notify the person if the action is subsequently reversed, varied
or, in the case of a suspension, lifted.
(4) A condition or limitation may be imposed or
varied under subsection (1) (b) only if the condition or
limitation is necessary to ensure the health, safety or well-being
of a child.
Actions relating to
approved programs
19 (1) This section
applies if the registrar makes any of the following determinations
in relation to an institution offering an approved program:
(a) the institution has contravened a provision of
this Act or the regulations;
(b) the institution has failed to comply with a
condition of, or limitation on, the approval of the program;
(c) the approved program will no longer enable an
applicant for registration to meet a competency, if any,
prescribed for the applicable class of registration;
(d) the approved program or the institution, or
both, have failed to meet or comply with a requirement established
under this Act.
(2) After giving an institution at least 30 days'
written notice of a determination under subsection (1), the
registrar may, subject to subsection (3), take one or more of the
following actions in relation to an approved program offered by
the institution:
(a) suspend the approval of the program;
(b) cancel the approval of the program;
(c) impose or vary a condition or limitation on the
approval of the program;
(d) in the case of a suspension under paragraph (a),
impose a condition on the lifting of the suspension or direct that
the suspension be lifted on a date specified in the notice;
(e) in the case of a cancellation under paragraph
(b), impose a condition on the eligibility of the institution to
reapply for approval.
(3) A condition or limitation may be imposed or
varied under subsection (2) (c), (d) or (e) only if the
condition or limitation is necessary to ensure compliance with
this Act or the regulations.
Notices of actions
relating to registration or approval
20 A notice under
any of sections 17 (2) [actions relating to registration],
18 (2) (a) [extraordinary actions relating to registration]
or 19 (2) [actions relating to approved programs] must
include the following information:
(a) the registrar's reasons for the decision to
which the notice relates;
(b) the date on which the decision takes effect;
(c) information about any right to request
reconsideration.
Part 4 –
Reconsiderations and Appeals
Reconsiderations
21 (1) An
individual or an institution may request the registrar to
reconsider any of the following decisions, as applicable:
(a) a refusal under section 5 [registration of
eligible individuals] to register the individual;
(b) a decision under section 5 to impose or vary a
condition or limitation on the individual's registration;
(c) a refusal under section 10 [approval of
eligible programs] to approve a program offered, or
intended to be offered, by the institution;
(d) a decision under section 10 to impose a
condition or limitation on the approval of a program offered, or
intended to be offered, by the institution;
(e) a decision to take an action under section 17
(2) [actions relating to registration] or 18 (1) [extraordinary
actions relating to registration] in relation to the
individual;
(f) a decision to take an action under section 19
(2) [actions relating to approved programs] in relation
to an approved program offered by the institution.
(2) The request for reconsideration must
(a) be in writing and made in the form and manner
required by the registrar,
(b) be given to the registrar within 30 days after
the date the notice of the decision is received, and
(c) include the reasons that the registrar should
reconsider the decision.
(3) On receipt of a request for reconsideration, the
registrar must
(a) consider the matter,
(b) subject to subsection (4), confirm, reverse or
vary the decision or, if the registrar requires additional time to
consider the matter, delay the implementation of the decision, and
(c) as soon as practicable, give the person who
requested the reconsideration written notice of the result of the
reconsideration.
(4) Before delaying the implementation of a decision
under subsection (3) (b), the registrar must be satisfied that
doing so will not be detrimental to the health, safety or
well-being of a child.
(5) A notice given under subsection (3) (c) must
include the registrar's reasons for the decision on the
reconsideration and information about any right of appeal.
Appeals to board
22 (1) A person may
appeal to the board a decision of the registrar under
section 21 (3) within 30 days after the date on which
the person receives notice of the decision.
(2) An appeal to the board must be
(a) made in writing and in the form specified by the
board, and
(b) accompanied by any fee prescribed under the Community
Care and Assisted Living Act for the purpose of initiating
an appeal to the board.
(3) If the board grants the appeal, the fee paid
under subsection (2) (b) to initiate the appeal must be remitted
to the appellant.
(4) The registrar is a party to an appeal under this
section.
(5) Sections 29 (6), (11) and (12) [appeals to
the board] and 31.1 [exclusive jurisdiction of board]
of the Community Care and Assisted Living Act apply in
relation to an appeal under this section.
Part 5 – General
Division 1
– Miscellaneous
Other prohibitions
23 (1) A person
must not hinder, obstruct or interfere with the registrar in the
exercise of a power or performance of a duty under this Act.
(2) A person who is authorized or required under this
Act to provide information or a record to the registrar must not
(a) provide false or misleading information or
records, or
(b) include false or misleading information in a
record.
(3) A person must not withhold, conceal or destroy
any information or record relevant to an investigation or
otherwise required by the registrar to administer this Act or the
regulations.
Exemptions
24 (1) The
registrar may exempt a person or a program from a prescribed
requirement of this Act or the regulations if the registrar is
satisfied that
(a) the exemption will not pose or increase a risk
to the health, safety or well-being of a child, and
(b) any conditions established by regulation are
met.
(2) The registrar may impose a condition or
limitation on an exemption under subsection (1) if the registrar
is satisfied that the condition or limitation is necessary for
either or both of the following purposes:
(a) to ensure the health, safety or well-being of a
child;
(b) to ensure a person's compliance with this Act or
the regulations.
(3) The registrar may cancel an exemption from a
requirement by giving reasonable notice in writing to one of the
following, as applicable:
(a) if the exemption applies to a person, to the
person;
(b) if the exemption applies to a program, to the
institution offering the program.
Information-sharing
agreements
25 (1) For the
purposes of this section, "information-sharing
agreement" means a data-matching or other agreement to
provide or exchange information related to
(a) the administration of this Act and the
regulations, or
(b) the administration of an enactment of Canada or
a province other than British Columbia, the purpose of which is to
regulate individuals who are, or have applied to be, the
equivalent of a registrant under this Act.
(2) Subject to subsection (3), the minister may enter
into an information-sharing agreement with a regulatory authority,
as defined in the Labour Mobility Act, only with the
prior approval of the Lieutenant Governor in Council.
(3) The prior approval of the Lieutenant Governor in
Council is not required if the regulatory authority is a public
body as defined in the Freedom of Information and Protection
of Privacy Act.
Deemed receipt of records
26 If, under this
Act, a notice or other record is authorized or required to be
given to a person by the registrar, the record is deemed to have
been received by the person as follows:
(a) if the record is sent by ordinary mail or
registered mail, 10 days after the record is sent by mail to the
last known address of the person according to the records of the
registrar;
(b) if the record is sent by email or fax, the day
the record is sent to the last known email address or fax number
of the person according to the records of the registrar;
(c) if the record is sent by another communication
method agreed to by the person and the registrar, the day the
record is sent by that agreed method.
Evidence – copies
of records
27 A record
certified by the registrar to be a copy of a record obtained by
the registrar under this Act is evidence of the nature and content
of the original.
Division 2
– Offences
Offences
28 A person who
contravenes any of the following commits an offence:
(a) section 7 (2) [duty of confidentiality];
(b) section 8 (1) or (2) [prohibition and
limitation – use of reserved titles];
(c) section 23 (1), (2) or (3) [other
prohibitions].
Corporate liability for
offence
29 If a corporation
commits an offence under this Act, an employee, officer, director
or agent of the corporation who authorized, permitted or
acquiesced in the offence also commits that offence, whether or
not the corporation is prosecuted or convicted.
Section 5 of Offence
Act does not apply
30 Section 5 of the
Offence Act does not apply to this Act or the
regulations.
Limitation period for
prosecuting
31 The time limit
for laying an information for an offence under this Act is 2 years
after the date that the facts on which the information is based
arose.
Division 3
– Regulations
General regulation powers
32 (1) The
Lieutenant Governor in Council may make regulations referred to in
section 41 of the Interpretation Act.
(2) Without limiting any other provision of this Act,
the Lieutenant Governor in Council may make regulations respecting
any matter for which regulations are contemplated by this Act.
(3) In making a regulation under this Act, the
Lieutenant Governor in Council may do one or more of the
following:
(a) define a word that is used but not defined in
this Act;
(b) delegate a matter to a person;
(c) confer a discretion on a person;
(d) establish or define classes of persons, places,
things or circumstances;
(e) make different regulations for different
persons, places, things or circumstances or for different classes
of persons, places, things or circumstances.
Regulations in relation
to registration
33 Without limiting
any other provision of this Act, the Lieutenant Governor in
Council may make regulations as follows:
(a) respecting registration, including, without
limitation,
(i) establishing the education, training,
experience and other requirements that an individual must meet to
be registered, and
(ii) establishing the circumstances in which an
individual is disqualified from being registered in a particular,
or any, class of registrant;
(b) respecting applications for registration and the
information and records to be supplied in support of such
applications;
(c) respecting renewals and the expiry of
registrations;
(d) respecting the powers of the registrar to
determine eligibility for registration;
(e) respecting practice standards and other
requirements that registrants must meet or comply with to remain
registered;
(f) respecting the registration of minors.
Regulations in relation
to program approval
34 Without limiting
any other provision of this Act, the Lieutenant Governor in
Council may make regulations as follows:
(a) for the purposes of paragraph (d) of the
definition of "institution" in section 1 [definitions],
respecting classes of entities;
(b) respecting approvals of programs, including,
without limitation,
(i) establishing the competencies that a program
must develop in an individual to enable the individual to qualify
for registration in a particular class of registrants, and
(ii) establishing the requirements that a
program, and an institution offering a program, must meet;
(c) respecting applications for approval of programs
and the information and records to be supplied in support of such
applications;
(d) respecting the powers of the registrar to
determine eligibility for approval;
(e) respecting the requirements that an approved
program must meet to remain approved;
(f) respecting the requirements that an institution
offering an approved program must meet or comply with for the
program to remain approved;
(g) for the purposes of section 11 (2) (e) [duty
of institutions to notify registrar] prescribing additional
matters about which institutions must notify the registrar and
establishing the times by which those notifications must be made.
Other regulations
35 Without limiting
any other provision of this Act, the Lieutenant Governor in
Council may make regulations as follows:
(a) specifying the information that must or may be
included in the registry, including, without limitation,
information about the findings of an investigation under this Act;
(b) respecting the use or disclosure of information
obtained by a person while acting in the person's capacity as a
registrant;
(c) respecting notice, withdrawal and abandonment of
complaints;
(d) respecting investigations and the information
and records to be supplied in support of investigations;
(e) respecting the publication of reports on
investigations, including, without limitation, the information
that may be published;
(f) respecting the records to be kept by registrants
and former registrants and by institutions that offer or offered
approved programs;
(g) establishing conditions for the purposes of
section 24 (1) (b) [exemptions];
(h) respecting the registrar.
Part 6 –
Transitional Provisions and Consequential Amendments
Division 1
– Transitional Provisions
Transition –
definitions
36 In this
Division:
"certificate" has the same
meaning as in the licensing regulation;
"director" has the same
meaning as in the licensing regulation;
"licensing regulation"
means the Child Care Licensing Regulation, B.C.
Reg. 332/2007, as it read immediately before the coming into
force of this section.
Transition –
director is registrar
37 On the coming
into force of this section, the director is deemed to be the
registrar as if the director had been designated under section 2 [designation
of registrar] by the minister.
Transition –
applications for certificates
38 (1) On the
coming into force of this section, an application for a
certificate made under the licensing regulation but in respect of
which a determination has not been made is deemed to be an
application for registration under section 5 [registration of
eligible individuals] of this Act.
(2) If the registrar is satisfied that the
certificate would have been issued under the licensing regulation,
despite section 5 of this Act, the registrar must register the
applicant in the class of registrant that corresponds to the
certificate.
Transition – deemed
renewals
39 If an individual
applies for registration within 5 years after the expiry of a
certificate held by the individual, the application is deemed to
be an application to renew the registration of the individual in
the same class of registrant that corresponds to the certificate.
Transition –
certificate holders are registrants
40 On the coming
into force of this section, a holder of a valid certificate is,
until the date on which the certificate would have expired under
the licensing regulation, deemed to be registered under this Act
(a) in the class of registrants that corresponds to
the holder's certificate, and
(b) subject to any terms or conditions attached to
the certificate as if the terms or conditions were conditions or
limitations imposed on a registration under this Act.
Transition –
application of Criminal Records Review Act
41 Sections 24.92
(1) and 24.93 (1) and (2) of the Criminal Records Review Act,
as added by this Act, do not apply in relation to an individual
who is deemed to be registered under this Act, until the
individual subsequently applies for registration under this Act.
Transition –
investigations
42 (1) On the
coming into force of this section, an investigation commenced by
the director in relation to a certificate of an individual
continues as an investigation of the registrar under this Act as
if the investigation were in relation to the registration of the
individual.
(2) An individual who no longer holds a valid
certificate must cooperate with an investigation continued by the
registrar, including by providing information or records requested
by the registrar, if
(a) the individual was the holder of a valid
certificate at the time the matter being investigated arose, and
(b) the individual is the subject of the
investigation or a witness in relation to the matter being
investigated or is likely to have information about the matter.
Transition –
cancelled certificates
43 An individual
whose certificate was cancelled under the licensing regulation may
not apply to be registered under section 5 for a period of 2 years
after the date the cancellation took effect.
Transition –
programs and institutions
44 On the coming
into force of this section,
(a) a college, university or other entity listed in
Column 1 of Schedule D of the licensing regulation is deemed to be
an institution as defined in this Act,
(b) a program referred to in section 25 (1) (b) [early
childhood educator certificate] of the licensing regulation
that is offered by an entity listed in Column 1 of Schedule D of
the licensing regulation is deemed to be an approved program in
relation to a class of registrant that corresponds to a
certificate identified in Column 2 of Schedule D of the licensing
regulation, and
(c) a program referred to in section 26 (c) [special
needs early childhood educator certificate and infant and
toddler educator certificate] of the licensing regulation
that is offered by an entity listed in Column 1 of Schedule D of
the licensing regulation is deemed to be an approved program in
relation to a class of registrant that corresponds to a
certificate identified in Column 3 or Column 4 of Schedule D of
the licensing regulation.
Division 2
– Consequential Amendments
Business Practices and
Consumer Protection Act
45 Section
142.1 (2) of the Business Practices and Consumer Protection Act,
S.B.C. 2004, c. 2, is amended by adding the following
paragraph:
(l.1) the Early Childhood Educators Act; .
Community Care and Assisted
Living Act
46 Section 8 of the Community Care and Assisted
Living Act, S.B.C. 2002, c. 75, is repealed.
47 Section 29 (2) is amended
(a) by striking out "a
holder of a certificate under section 8, an applicant for a
certificate under section 8,", and
(b) by adding "or"
at the end of paragraph (b), by striking out "or"
at the end of paragraph (c) and by repealing paragraph (d).
48 Section 32 is amended
(a) in subsection (1) by striking out ",
a medical health officer or a member of the board" and
substituting "or a medical health officer",
(b) by adding the following subsection:
(1.1) Subject to subsection (2), no legal proceeding
for damages lies or may be commenced or maintained against a
member of the board or a person acting on behalf of or under the
direction of a member of the board because of anything done or
omitted
(a) in the performance or intended performance of
any duty under this Act or the Early Childhood Educators Act,
or
(b) in the exercise or intended exercise of any
power under this Act or the Early Childhood Educators Act. , and
(c) by repealing subsection (2) and
substituting the following:
(2) Subsections (1) and (1.1) do not apply to a
person referred to in those subsections in relation to anything
done or omitted by that person in bad faith.
49 Section 34 is amended
(a) in subsection (2) (g) by striking out "their employees and managers" and
substituting "for the employees and
managers of licensees in their capacity as employees or managers",
(b) by repealing subsection (2) (h) and (h.1),
(c) in subsection (2) (v) by adding "or"
at the end of subparagraph (i) and by repealing subparagraphs
(iii) and (iv), and
(d) by repealing subsection (6).
Criminal Records Review Act
50 Section 1 of the Criminal Records Review Act,
R.S.B.C. 1996, c. 86, is amended by adding the following
definition:
"ECE registrar" means the
registrar designated under section 2 of the Early Childhood
Educators Act; .
51 Section 4 is amended
(a) in subsection (2) (b) by adding the
following subparagraph:
(vii) the ECE registrar, if the individual is a
registrant or applicant for registration under the Early
Childhood Educators Act. ,
and
(b) in subsection (5) by adding the following
paragraph:
(f) the ECE registrar, if the individual is a
registrant or applicant for registration under the Early
Childhood Educators Act.
52 Section 5 (8) is amended by adding the following
paragraph:
(f) the ECE registrar, if the individual is a
registrant or applicant for registration under the Early
Childhood Educators Act.
53 Section 6 (1) is amended by adding the following
paragraph:
(h) the ECE registrar, if the individual is a
registrant or applicant for registration under the Early
Childhood Educators Act.
54 The following Part is added:
Part 5.2 – Registered Early Childhood
Educators
Definition
24.91 In this
Part, except in section 24.92 (3), "Act"
means the Early Childhood Educators Act.
General duty of ECE registrar
24.92 (1) Subject
to subsection (2), the ECE registrar must ensure that every
individual who applies for registration under the Act and every
individual who is registered under the Act undergoes
(a) a criminal record check, or
(b) a criminal record check verification.
(2) The ECE registrar may require an individual who
applies for registration, or who is registered, under the Act to
undergo a criminal record check even if the individual could
undergo a criminal record check verification.
(3) The ECE registrar must inform individuals of the
requirements of this Act if those individuals are applicants for
registration, or registered, under the Early Childhood
Educators Act.
Applicants for registration
24.93 (1) Before
an individual is registered under the Act, the individual must
provide to the ECE registrar a criminal record check authorization
or a criminal record check verification authorization, as
applicable.
(2) The ECE registrar must not register an applicant
for registration under the Act unless the applicant has complied
with subsection (1).
Existing registrants
24.94 (1) An
individual who is registered under the Act must
(a) undergo a criminal record check at least once
every 5 years, and
(b) provide to the ECE registrar a criminal record
check authorization or a criminal record check verification
authorization, as applicable, at least once every 5 years after
the date on which the individual provided the individual's last
criminal record check authorization or criminal record check
verification authorization to the ECE registrar.
(2) If an individual who is registered under the Act
does not provide a criminal record check authorization or criminal
record check verification authorization as required by subsection
(1) or section 24.97,
(a) the individual must not work with children until
the individual has provided the criminal record check
authorization or criminal record check verification authorization,
as applicable, and
(b) the ECE registrar must investigate or review the
registration of the individual and take appropriate action, if
any, under the Act.
(3) Without limiting any duty of the ECE registrar
under section 17 (5) (a) or 18 (2) (b) of the Act, if an
individual who is registered under the Act carries on the
individual's occupation as an employee, the ECE registrar must
take reasonable steps to notify the individual's employer that the
ECE registrar is taking action under subsection (2) (b) of this
section.
No portable criminal record check
24.95 If the
registrar determines, in a criminal record check verification
under Part 2.1, that an individual does not have a portable
criminal record check because the individual has never undergone a
criminal record check or the individual underwent a criminal
record check more than 5 years before the date of the criminal
record check authorization, the following apply:
(a) if the individual is an applicant for
registration under the Act, the ECE registrar must ensure that the
individual is not registered under the Act until the individual
provides a criminal record check authorization;
(b) if the individual is registered under the Act,
the individual must not work with children until the individual
provides a criminal record check authorization.
Effect of finding of risk – working with children
24.96 (1) If the
deputy registrar determines, in a criminal record check under Part
2, that an outstanding charge or conviction indicates that the
individual presents a risk of physical or sexual abuse to children
and unless that determination is overturned by the registrar under
section 5, the ECE registrar must investigate or review the
individual's registration or application for registration and take
appropriate action under the Act.
(2) If the registrar determines, in a criminal record
check verification under Part 2.1, that an individual does
not have a portable criminal record check because a criminal
record check in respect of the same individual carried out within
5 years of the date of the criminal record check verification
authorization resulted in a determination that the individual
presents a risk of physical or sexual abuse to children, the ECE
registrar must investigate or review the individual's registration
or application for registration and take appropriate action under
the Act.
(3) Without limiting any duty of the ECE registrar
under section 17 (5) (a) or 18 (2) (b) of the Act, if an
individual who is registered under the Act carries on the
individual's occupation as an employee, the ECE registrar must
take reasonable steps to notify the individual's employer that the
ECE registrar is taking action under subsection (2) of this
section.
(4) An employer who is notified under subsection (3)
must ensure that the employee does not work with children.
New convictions or outstanding charges
24.97 (1) If an
individual who is registered under the Act is charged with or
convicted of a specified offence subsequent to a criminal record
check or criminal record check verification, the individual must
promptly report the charge or conviction to the ECE registrar and
provide to the ECE registrar a criminal record check authorization
for a further criminal record check.
(2) When the ECE registrar becomes aware that an
individual who is registered under the Act has an outstanding
charge for, or has been convicted of, a specified offence, the ECE
registrar must require the individual to provide a criminal record
check authorization for a further criminal record check.
(3) If an individual who is registered under the Act
carries on the individual's occupation as an employee, the ECE
registrar must take reasonable steps to notify the individual's
employer that the ECE registrar is taking action under subsection
(2) of this section and that the action is with respect to a risk
to children.
(4) An employer who is notified under subsection (3)
must ensure that the employee does not work with children until
the employee has provided a criminal record check authorization
for a further criminal record check under subsection (1)
or (2).
55 Section 28 (1) is repealed and the following
substituted:
(1) A person who contravenes any of the following
provisions is guilty of an offence and is liable to a fine of up
to $5 000:
(a) in Part 2, section 6 (1), (2) or (3);
(b) in Part 3, section 8 (1) or (2) (b), 9 (2),
10 (2) (a) or (b), 10.1 (a) or (b), 11 (1) (a)
or (b) or (2) (a) or (b), 11.1 (1) (a) or (b)
or (2) (a) or (b) or 12 (2) or (3);
(c) in Part 4, section 13 (1), 14 (2),
15 (2) (a) or (b) or (3), 15.1 (a)
or (b), 16 (1), (1.1), (2) or (3) or 17 (2), (3)
or (4);
(d) in Part 4.1, section 17.1 (1), 17.2 (2), 17.21,
17.3 (1) or (2), 17.31 (1) or (2) or 17.4 (2);
(e) in Part 4.2, section 17.5 (1), 17.6 (2),
17.7 (2) (a) or (b), 17.71 (a) or (b), 17.8 (1)
or (2) or 17.9 (2);
(f) in Part 5, section 19 (1), 20 (2), 21 (2), 21.1
(a) or (b), 22 (1) (a) or (b), (1.1) or (2) or 23
(2);
(g) in Part 5.1, section 24.3 (1) or (2) (b),
24.4 (2), 24.5 (3) (a) or (b), 24.6, 24.7 (1)
or (2), 24.8 (1) or (2) or 24.9 (2);
(h) in Part 5.2, section 24.92 (1), 24.93 (2), 24.94
(2) (a) or (b) or (3), 24.95 (a) or (b), 24.96
(1), (2), (3) or (4) or 24.97 (2), (3) or (4);
(i) in Part 6, section 28.1 (2).
56 Section 28.1 (1) is amended by striking out "19 or 24.3" and substituting "19,
24.3 or 24.92".
Commencement
57 This Act comes
into force by regulation of the Lieutenant Governor in Council.
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