BILL 62 – 2004
ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2004

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

Administrative Tribunals Act

1 Section 4 of the Administrative Tribunals Act, S.B.C. 2004, c. 45, is repealed and the following substituted:

Appointment of acting chair

(1) If the chair expects to be absent or is absent, the chair may designate a vice chair as the acting chair for the period that the chair is absent.

(2) If the chair expects to be absent or is absent and there is no vice chair or if there is a vice chair and the vice chair is not willing or able to act as chair, the chair may designate a member as the acting chair for the period that the chair is absent.

(3) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time, the appointing authority may designate a vice chair as the acting chair for the period that the chair is absent or incapacitated.

(4) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time and there is no vice chair or if there is a vice chair and the vice chair is not willing or able to act as chair, the appointing authority may designate a member, or appoint an individual who would otherwise be qualified for appointment as a member or as the chair, as the acting chair for the period that the chair is absent or incapacitated.

(5) If the tribunal has no chair, the appointing authority may appoint an individual, who is a member, or appoint an individual who would otherwise be qualified for appointment as a member or as the chair, as the acting chair for a term of up to 6 months.

(6) In exceptional circumstances an individual may be appointed as the acting chair under subsection (5) for an additional term of up to 6 months.

(7) Subsections (3), (4) and (5) apply whether or not an individual is designated, under the Act under which the chair is appointed, to act on behalf of the chair.

(8) An individual designated or appointed under any of subsections (1) to (5) has all the powers and may perform all the duties of the chair.

2 Section 21 is amended by striking out "19 (1) (a) to (d)" and substituting "19 (1) (a) to (c)".

3 Section 39 (2) (d) is amended by striking out "other".

4 Section 44 is amended by renumbering the section as section 44 (1) and by adding the following subsection:

(2) Subsection (1) applies to all applications made before, on or after the date that the subsection applies to a tribunal.

5 Section 45 is amended by adding the following subsection:

(1.1) Subsection (1) applies to all applications made before, on or after the date that the subsection applies to a tribunal.

6 Section 67 is amended as it re-enacts section 21 (8) of the Assessment Act by striking out ", 56,".

7 Section 68 is amended as it re-enacts section 31 (7) of the Assessment Act by adding "40 (1) to (4)," after "18,".

8 Section 101 is repealed and the following substituted:

101 Section 136 (5) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is repealed and the following substituted:

(5) Sections 1 to 10, 44 and 55 of the Administrative Tribunals Act apply to the board.

9 Section 102 is repealed and the following substituted:

102 Section 46 (1.1), (1.2), (3), (4.2) and (5) of the Hospital Act, R.S.B.C. 1996, c. 200, is repealed and the following substituted:

(2.1) A practitioner may appeal to the Hospital Appeal Board if

(a) the practitioner is dissatisfied with the decision of a hospital's board, or

(b) a hospital's board fails to notify the practitioner of its decision within the prescribed time.

(2.2) A practitioner who wishes to appeal under subsection (2.1) is not required to first proceed by way of an application to the hospital's board.

(2.3) An appeal to the Hospital Appeal Board is a new hearing.

(3) The Hospital Appeal Board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal under this section and to make any order permitted to be made.

(3.1) A decision or order of the Hospital Appeal Board under this Act on a matter in respect of which the Hospital Appeal Board has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

(3.2) A practitioner who wishes to appeal under subsection (2.1) must deliver the notice of appeal

(a) if the appeal concerns a board's decision under subsection (2.1) (a), not later than 90 days after the date that the board caused a notice of its decision to be sent to the practitioner, or

(b) if the appeal concerns a board's decision under subsection (2.1) (b), not later than 210 days after the date that the practitioner applied for a permit in the prescribed manner.

(3.3) A notice of appeal must

(a) be in writing or in another form authorized by the rules of the Hospital Appeal Board and directed to the chair of that board,

(b) set out the grounds for appeal,

(c) state whether or not the appellant waives an oral hearing of the matter,

(d) state the outcome requested,

(e) contain the name, address and telephone number of the appellant, and, if the appellant has an agent to act on the appellant's behalf in respect of the appeal, the name of the agent and a telephone number at which the agent may be contacted during regular business hours,

(f) include an address for delivery of notices in respect of the appeal,

(g) be signed by the appellant or the appellant's agent,

(h) include reference to any correspondence, documents and memoranda relating to the matter in issue, and

(i) if applicable, include a copy of the order or decision being appealed.

(3.4) Unless both parties have waived an oral hearing of an appeal, the Hospital Appeal Board must as soon as practicable set a time and place for the hearing and promptly notify the parties in writing.

(3.5) If the parties have waived an oral hearing of an appeal, or in an interim or preliminary matter, the Hospital Appeal Board may hold any combination of written, electronic or oral hearings.

(3.6) On written application by either party, the Hospital Appeal Board may extend the time for doing anything required under this section except the time for the bringing of an appeal under subsection (3.2).

(3.7) If a notice of appeal is deficient, the chair of the Hospital Appeal Board or the chair's delegate may allow a reasonable period of time within which the notice may be corrected.

(4.2) Sections 1 to 20, 25 to 35, 37 to 39, 42, 44, 47 to 56, 57, 58, 60 (a), (b) and (d) to (f) and 61 of the Administrative Tribunals Act apply to the Hospital Appeal Board.

10 Section 163 is amended as it re-enacts section 2 (4) of the Utilities Commission Act by striking out "54, 60" and substituting "54, 56, 60".

 
Estate Administration Act

11 Section 20 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended

(a) in subsections (1) and (3) (b) by striking out "$10 000" and substituting "$25 000", and

(b) by adding the following subsection:

(3.1) In an application filed under this section, the official administrator is not required to satisfy the registrar that the deceased has no relatives who are

(a) entitled to share in the distribution of the estate of the deceased, and

(b) ready and competent to take out letters of administration.

 
Financial Institutions Act

12 Section 242.2 of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by repealing subsections (2) and (3) and substituting the following:

(2) Subject to subsection (10) (a), a decision is not stayed by the filing of an appeal.

(3) On receipt of a notice of appeal and any prescribed fee, the chair must assign one member of the tribunal who is not the chair or the vice chair to consider the appeal.

 
Forest and Range Practices Act

13 Section 125 (6) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is repealed and the following substituted:

(6) At any time while conducting an audit, a special investigation or a complaint investigation under this Act, the board may make an order requiring a person

(a) to attend an oral or electronic hearing to give evidence on oath or affirmation or in any other manner that is admissible and relevant to an issue in the audit, special investigation or complaint investigation, or

(b) to produce for the board a document or other thing in the person's possession or control, as specified by the board, that is admissible and relevant to an issue in the audit, special investigation or complaint investigation.

(7) The board may apply to the court for an order

(a) directing a person to comply with an order made by the board under subsection (6), or

(b) directing any directors and officers of a person to cause the person to comply with an order made by the board under subsection (6).

14 The following sections are added:

Contempt proceeding for uncooperative witness or other person

125.1 The failure or refusal of a person summoned as a witness under section 125 (6) to do any of the following makes the person, on application to the court by the board, liable to be committed for contempt as if in breach of an order or judgment of the court:

(a) attend a hearing;

(b) take an oath or affirmation;

(c) answer questions;

(d) produce the records or things in their custody or possession.

Immunity protection for board and members

125.2 (1) In this section, "decision maker" includes a board member, registrar or other officer who conducts an audit, a special investigation or a complaint investigation under this Act or a person who conducts a dispute resolution process for the purposes of this Act.

(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a decision maker, the board or the government because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(3) Subsection (2) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

15 Section 136 is amended by adding the following subsection:

(7) Board members must faithfully, honestly and impartially perform their duties.

 
Libel and Slander Act

16 The Libel and Slander Act, R.S.B.C. 1996, c. 263, is amended by adding the following sections:

Fair comment

6.1 (1) If a defendant published alleged defamatory matter that is an opinion expressed by another person, a defence of fair comment must not fail merely because the defendant did not hold the opinion if

(a) the defendant did not know that the person expressing the opinion did not hold the opinion, and

(b) a person could honestly hold the opinion.

(2) For the purposes of this section, a defendant referred to in subsection (1) has no duty, before or after publication of an opinion referred to in that subsection, to inquire into whether the person expressing the opinion does or does not hold the opinion.

Public or educational libraries

6.2 (1) In this section, "educational library" means a library maintained and operated by any of the following:

(a) a school or a Provincial school as those terms are defined in the School Act;

(b) an independent school as that term is defined in the Independent School Act;

(c) a university within the meaning of the University Act;

(d) an institution within the meaning of the College and Institute Act;

(e) a person that has received from the Minister of Advanced Education the consent referred to in section 4 of the Degree Authorization Act;

(f) the open university established under the Open Learning Agency Act;

(g) the British Columbia Institute of Technology;

(h) Royal Roads University;

(i) any other person prescribed by the regulations.

(2) Subject to subsection (3), no legal proceeding lies or may be commenced or maintained against, and no damages or compensation of any kind is payable by, a public or educational library, any of its owners or operators or any of the directors, officers or employees of the public or educational library or of its owners or operators because the public or educational library makes a record available generally or to any person.

(3) Subsection (2) does not apply to a public or educational library in respect of a record that is made available by it in contravention of a court order.

17 Section 10 is amended by striking out "as the defendant." and substituting "as the defendant had opportunity."

 
Motor Vehicle Act

18 Section 18 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "$10 000" and substituting "$25 000".

 
Offence Act

19 Section 132 of the Offence Act, R.S.B.C. 1996, c. 338, is amended

(a) in subsection (2) by adding the following paragraph:

(a.4) only for the purposes of an agreement between the Province and Canada under the Contraventions Act (Canada), exercising the authority under paragraphs (a.1), (a.2), (a.3) and (g) in both the English and French languages; , and

(b) by adding the following subsection:

(6) If regulations are made under subsection (2) (a.4), both language versions are equally authoritative.

Transitional -- Mental Health Act

20 (1) Despite section 24.1 of the Mental Health Act, if under that Act a request for a review panel hearing is delivered to the review panel office before the date that section comes into force, the review must be conducted under the Act as it was before that section came into force.

(2) This section is repealed one year after it comes into force.

Commencement

21 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: