BILL 8 — 2013
MISCELLANEOUS STATUTES
AMENDMENT ACT, 2013

Part 1 – Children and Family Development Amendments

Child, Family and Community Service Act

1 Section 5 (2) (f) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended by striking out "family violence." and substituting "domestic violence."

2 Section 13 is amended

(a) by repealing subsection (1) (e) and substituting the following:

(e) if the child is emotionally harmed by

(i) the parent's conduct, or

(ii) living in a situation where there is domestic violence by or towards a person with whom the child resides; ,

(b) in subsection (1.1) by striking out "and section 14 (1) (a)", and

(c) by adding the following subsection:

(1.2) For the purpose of subsection (1) (a) and (c) but without limiting the circumstances that may increase the likelihood of physical harm to a child, the likelihood of physical harm to a child increases when the child is living in a situation where there is domestic violence by or towards a person with whom the child resides.

3 Section 16 is amended

(a) in subsection (2) by striking out "After the assessment," and substituting "After the assessment under subsection (1.1) (b) or (1.2),",

(b) in subsection (2) by striking out "or" at the end of paragraph (b) and by adding the following paragraph:

(b.1) conduct an assessment of the family respecting

(i) the child's safety, and

(ii) whether it is necessary to provide to the family available services to

(A) support and assist the family to care for the child, and

(B) make the family safe for the child, or ,

(c) in subsection (3) by striking out "result of the investigation" and substituting "result of the assessment under subsection (2) (b.1) or investigation", and

(d) in subsections (3) (b), (4) and (5) (a) by striking out "the investigation" and substituting "the assessment or investigation".

4 Section 20 (2) is repealed and the following substituted:

(2) If a director concludes after

(a) an assessment under section 16 (2) (b.1) that it is necessary to provide services, or

(b) an investigation under section 16 (2) (c) that the child needs protection,

the director may offer to refer the parent or, if the parent is unavailable, another family member to a family conference coordinator.

5 Section 74 (2) (f) is repealed and the following substituted:

(f) the powers of the commissioner apply to

(i) a request from a person under the Freedom of Information and Protection of Privacy Act that the commissioner review any decision, act or omission of a director in respect of section 76 or 77 of this Act,

(ii) a complaint by a person that information has been disclosed in contravention of section 75 of this Act, and

(iii) the exercise of a director's powers, duties and functions under the Freedom of Information and Protection of Privacy Act.

6 Section 75 is amended by repealing paragraphs (a) and (b) and substituting the following:

(a) section 24 or 79 of this Act, or

(b) the Freedom of Information and Protection of Privacy Act, subject to section 74 of this Act.

7 Section 77 (2) (b) is amended by striking out "during an investigation under section 16," and substituting "during an assessment under section 16 (2) (b.1) or an investigation under section 16 (2) (c),".

8 The following section is added:

Intervention in Family Law Act proceedings

97.1 A director may apply under section 204 (2) of the Family Law Act to the court, as defined in that Act, for leave to intervene in a proceeding under that Act if the director considers it is in the best interests of a child to do so.

Part 2 – Education Amendment

School Act

9 The School Act, R.S.B.C. 1996, c. 412, is amended by adding the following section:

Use of board property

85.1 (1) In this section:

"board property", in relation to a board, means board-owned land or improvements in the board's school district that are or have been used, or are intended for use, for educational activities;

"business day" means any day that is not a Saturday or a holiday;

"care program" has the same meaning as in the Child Care Licensing Regulation, B.C. Reg. 332/2007;

"educational activities" means the provision of educational programs, and includes early learning programs and extracurricular school activities;

"licensed child care provider" means a person who is licensed under the Community Care and Assisted Living Act to provide one or more of the following care programs:

(a) Group Child Care (Under 36 Months), being a program that provides care to children who are younger than 36 months old;

(b) Group Child Care (30 Months to School Age), being a program that provides care to preschool children;

(c) Preschool (30 Months to School Age), being a program that provides care to preschool children who are at least

(i) 30 months old on entrance to the program, and

(ii) 36 months old by December 31 of the year of entrance;

(d) Group Child Care (School Age), being a program that provides, before or after school hours or during periods of school closure, care to children who attend school, including kindergarten;

(e) Occasional Child Care, being a program that provides, on an occasional or short-term basis, care to preschool children who are at least 18 months old;

(f) Multi-Age Child Care, being a program that provides, within each group, care to children of various ages.

(2) Subject to subsection (3), a board must establish a policy promoting the use of board property by licensed child care providers on business days between the hours of 7 a.m. and 6 p.m.

(3) The board must ensure that

(a) any use referred to in subsection (2) does not disrupt or otherwise interfere with the provision of educational activities, and

(b) subject to subsection (4), any revenue obtained by the board from the use referred to in subsection (2) is not more than the direct and indirect costs incurred and to be incurred by the board as a result of making that use available.

(4) Subsection (3) (b) does not apply to any arrangement in place at the time of the coming into force of this section under which board property is being made available to a licensed child care provider but does apply to any renewal or extension of that arrangement.

Part 3 – Energy, Mines and Natural Gas Amendments

Clean Energy Act

10 Section 3 (6) (a) of the Clean Energy Act, S.B.C. 2010, c. 22, is amended by striking out "30 months" and substituting "38 months".

Liquor Control and Licensing Act

11 Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended

(a) by adding the following definitions:

"charitable fundraiser" means an organization, incorporated or unincorporated, in a prescribed class of non-profit organizations;

"charitable representative" means an individual in a prescribed relationship to an unincorporated charitable fundraiser; , and

(b) by repealing the definition of ' "licence" or "permit" ' and substituting the following:

"licence" means a licence issued under this Act;

"permit" means a permit issued under this Act; .

12 The following section is added:

Auctions for charitable fundraising

7.2 (1) Subject to this section and the regulations, if any, the general manager, having regard for the public interest, may, on application, issue a permit to a person for the sale of liquor by auction if the general manager is satisfied that

(a) the person is a charitable fundraiser or charitable representative, and

(b) the purpose of the auction is to raise funds for a charitable purpose.

(2) An application under this section must be in the form established by the general manager and accompanied by the prescribed fee.

(3) A permit under this section

(a) must specify where and when the auction is permitted to be held,

(b) may specify

(i) the types of liquor permitted to be auctioned, and

(ii) the maximum quantity of liquor, by type or in total, permitted to be auctioned, and

(c) may include other terms and conditions, consistent with this Act and the regulations, that the general manager considers to be in the public interest.

(4) Subject to the regulations, if any, the general manager, having regard for the public interest, may determine how frequently a permit may be issued under this section to a person or in respect of a place.

(5) A person to whom a permit has been issued under this section may sell liquor by auction in accordance with this Act, the regulations and the terms and conditions of the permit.

(6) If, in the general manager's opinion or in the opinion of a peace officer, there is a breach of this Act or the regulations, or of a federal, Provincial or municipal enactment relating to the sale, purchase or consumption of liquor, the general manager or the peace officer may cancel a permit issued under this section.

(7) The general manager or a peace officer may cancel a permit issued under this section if, in the general manager's opinion or in the opinion of the peace officer,

(a) the circumstances on the basis of which the permit was applied for and issued have changed so that they no longer meet the requirements of this Act or the regulations for issuance of the permit, or

(b) the circumstances on the basis of which the permit was issued did not exist at the time the permit was issued or the permit was otherwise issued in error.

(8) A person who sells liquor by auction under this section must

(a) prepare and maintain the prescribed records,

(b) produce for inspection, at the request of the general manager, any record prescribed under paragraph (a),

(c) hold the funds raised by the auction in the manner prescribed, if any, and

(d) use the funds raised by the auction

(i) for the charitable purpose for which the permit was issued or, with the approval of the general manager, another charitable purpose the general manager considers appropriate in the circumstances, and

(ii) within the prescribed period of time or, with the approval of the general manager, another period of time the general manager considers appropriate in the circumstances.

13 The following section is added:

Auctions for charitable fundraising – small quantities

7.3 (1) A person may sell liquor by auction in accordance with this Act and the regulations without a permit issued under section 7.2 if

(a) the person is a charitable fundraiser or charitable representative,

(b) the purpose of the auction is to raise funds for a charitable purpose, and

(c) the person offers no more than the prescribed quantity of liquor for sale at the auction.

(2) Despite subsection (1), a person is not authorized to sell liquor under this section for the prescribed period of time immediately after any of the following has sold liquor under this section:

(a) the person;

(b) if the person is a charitable representative of a charitable fundraiser, another charitable representative of the charitable fundraiser.

14 Section 38 is amended

(a) by repealing subsection (2.1) and substituting the following:

(2.1) An agent as defined in section 1 or a liquor manufacturer may give liquor that has been purchased from the Liquor Distribution Branch to

(a) a person to whom a special occasion licence has been issued under section 7, to sell in accordance with this Act, the regulations and the terms and conditions of the licence, if

(i) the person is a charitable fundraiser or charitable representative, and

(ii) the purpose of the special occasion is to raise funds for a charitable purpose,

(b) a person to whom a permit has been issued under section 7.2, to sell by auction in accordance with this Act, the regulations and the terms and conditions of the permit, and

(c) a person authorized to sell the liquor by auction under section 7.3, to sell by auction in accordance with this Act and the regulations. ,

(b) in subsection (3) (a) by adding "by the licensee" after "purchased", and

(c) by adding the following subsections:

(4) Despite subsection (3) (a), a person to whom a special occasion licence has been issued under section 7 may sell, in accordance with this Act, the regulations and the terms and conditions of the licence, liquor that has been purchased from the Liquor Distribution Branch and given to the person by an agent as defined in section 1 or a liquor manufacturer if

(a) the person is a charitable fundraiser or charitable representative, and

(b) the purpose of the special occasion is to raise funds for a charitable purpose.

(5) A person may sell liquor to the Liquor Distribution Branch.

15 Section 84 is amended

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

(b.6) respecting the issue of permits and all matters relating to the sale of liquor under section 7.2;

(b.7) respecting all matters relating to the sale of liquor under section 7.3; , and

(b) by adding the following subsections:

(6) Without limiting subsection (2) (b.6), regulations made under that subsection may provide for the issue of different classes or categories of permits in relation to

(a) different types and quantities of liquor to be sold, and

(b) different classes or categories of applicants for permits.

(7) Without limiting subsection (2) (b.6) or (b.7), regulations made under subsection (2) (b.6) or (b.7) may

(a) specify the types of liquor that may be sold by auction,

(b) specify the places where liquor may be sold by auction,

(c) specify requirements relating to the storage of liquor at the place where the liquor is to be or has been sold by auction,

(d) prohibit or restrict the consumption of liquor sold by auction at the place where the liquor was sold by auction, and

(e) establish rules regarding the presence of minors at places where liquor is sold by auction.

(8) Regulations referred to in section 7.2 (8), or made under subsections (2) (b.6) and (7) of this section, may be different for different classes or categories of permits.

Liquor Distribution Act

16 The definition of "authorized vendor" in section 1 (1) of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended

(a) in paragraph (c) by adding "7 or" before "12", and

(b) by adding the following paragraph:

(c.1) a person authorized to sell liquor by auction under section 7.2 or 7.3 of the Liquor Control and Licensing Act, .

Part 4 – Environment Amendments

Integrated Pest Management Act

17 Section 38 (2) (d) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is repealed and the following substituted:

(d) prescribing for the purposes of section 4 [licence for sale or use of pesticides]

(i) pesticides, uses, sales or services in respect of which section 4 (1) (a), (b), (c) or (d) does not apply,

(ii) uses for the purposes of section 4 (1) (b), and

(iii) circumstances in which a regulation under section 4 (1) (b) does not apply to a use prescribed for the purposes of that section; .

Provincial Symbols and Honours Act

18 The Provincial Symbols and Honours Act, R.S.B.C. 1996, c. 380, is amended by adding the following sections:

Fish emblem

6.2 (1) In this section and section 6.3, "Pacific Salmon" means the following species of the genus taxonomically known as Oncorhynchus:

(a) Oncorhynchus clarkii commonly known as cutthroat trout;

(b) Oncorhynchus gorbuscha commonly known as pink salmon;

(c) Oncorhynchus keta commonly known as chum salmon;

(d) Oncorhynchus kisutch commonly known as coho salmon;

(e) Oncorhynchus mykiss commonly known as steelhead;

(f) Oncorhynchus nerka commonly known as sockeye salmon;

(g) Oncorhynchus tshawytscha commonly known as chinook salmon.

(2) Pacific Salmon is the fish emblem of British Columbia.

Fish emblem regulations

6.3 The Lieutenant Governor in Council may make regulations establishing a symbol to represent Pacific Salmon.

Part 5 – Forests, Lands and Natural Resource
Operations Amendments

Forest Act

19 The definition of "bonus bid" in section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is repealed and the following substituted:

"bonus bid" means

(a) a bid that is

(i) tendered in order to acquire the right to harvest timber under an agreement under this Act,

(ii) calculated on a dollar value per cubic metre of competitive species and forest products harvested and measured in compliance with the agreement, and

(iii) payable from time to time in accordance with the agreement, or

(b) a bid that is

(i) tendered in order to acquire the right to harvest timber under an agreement under this Act,

(ii) calculated on a dollar value per cubic metre of competitive species and forest products that are attributed to the agreement under authority of a regulation made under section 75.1 (3) (b), and

(iii) payable in accordance with the regulations; .

20 Section 8 (2) is amended

(a) by striking out "or" at the end of paragraph (a), by adding "or" at the end of paragraph (b) and by adding the following paragraph:

(b.1) enters into or amends a tree farm licence under section 34.1, , and

(b) in paragraph (c) by striking out "paragraph (b) "and substituting "paragraph (b) or (b.1)".

21 Section 14 is amended by adding the following paragraph:

(b.1) may require that timber harvesting under the licence be restricted to

(i) a portion of a timber supply area, or

(ii) a type of timber or terrain,

but this requirement must not be included in

(iii) a replaceable forest licence entered into before the date this paragraph comes into force, or

(iv) a replacement for a replaceable forest licence referred to in subparagraph (iii) of this paragraph,

unless the replaceable forest licence or replacement is amended under section 34.1 after the date this paragraph comes into force.

22 Section 14.1 (2) is amended

(a) in paragraph (c) by adding "and" after "the minister,", and

(b) by repealing paragraph (d).

23 The following section is added:

Supplemental forest licence

14.2 (1) In this section:

"restricted forest licence" means a non-replaceable forest licence entered into under section 13 (6) for which applications are invited on or after July 1, 2011 from one or more categories of applicants as established under section 13 (2.1);

"supplemental forest licence" means a restricted forest licence that includes the condition described in subsection (2) of this section.

(2) A supplemental forest licence, in addition to setting out the matters described in section 14, must specify that timber may be harvested under the licence only if the minister is satisfied that the holder of the licence has taken the steps specified in the licence to obtain from other sources the timber and wood residue needed for processing facilities owned or leased by the holder.

(3) In respect of a supplemental forest licence, the requirement in section 14 (e) is subject to the condition referred to in subsection (2) of this section.

24 The following section is added:

Surrender of replaceable forest licences and tree farm licences

34.1 (1) In this section, "confirmed application" means an application about which the minister has made a confirmation under subsection (5), and includes an application amended as required under subsection (7).

(2) The minister, by advertising in the prescribed manner, may invite one or more holders described in subsection (3) to make an application under that subsection.

(3) On invitation under subsection (2), the holder of

(a) a replaceable forest licence, or

(b) a replaceable tree farm licence and a replaceable forest licence

may apply to the minister for one or both of the following:

(c) an authorization to surrender, for replacement by a tree farm licence, the forest licence or tree farm licence, or, in the case of a forest licence, a part of the licence;

(d) an authorization to surrender, for an addition of Crown land to a tree farm licence area, the forest licence or tree farm licence, or, in the case of a forest licence, a part of the licence.

(4) An application under subsection (3) must be in the form required by the minister and must include all of the following:

(a) a description of the proposed tree farm licence area for a new or amended licence;

(b) a description of why an agreement entered into under subsection (12) on the basis of the application would be in the best interests of the public;

(c) a description of the licence to be surrendered or, if applicable, of the part of the forest licence to be surrendered;

(d) anything else specified in the advertisement referred to in subsection (2).

(5) On receipt of an application, the minister must do the following:

(a) confirm whether an application meets the requirements set out in subsection (4);

(b) if the application is confirmed under paragraph (a), provide directions to the applicant respecting the consultations referred to in subsection (6).

(6) An applicant whose application is a confirmed application must, in accordance with the minster's directions,

(a) make the application available for public review and comment for the period specified by the minister, which period must not be less than 60 days, and

(b) report to the minister respecting the results of the public review and comment.

(7) The minister may require an applicant referred to in subsection (6) to amend a confirmed application based on the report referred to in paragraph (b) of that subsection.

(8) The minister must reject an application if the minister is satisfied that the applicant has not complied with subsection (6) or (7).

(9) In evaluating a confirmed application, the minister must consider all of the following:

(a) the impact an agreement based on the application would have on the allowable annual cut of, and forest management in, the timber supply area;

(b) the best interests of the public;

(c) the criteria set out in the advertisement.

(10) After evaluating a confirmed application, the minister may make to the applicant an offer to do one or more of the following:

(a) enter into a tree farm licence;

(b) amend a tree farm licence to add Crown land to the tree farm licence area;

(c) authorize the surrender of the holder's forest licence or tree farm licence, or, in the case of a forest licence, a part of the licence.

(11) An offer made under subsection (10) may

(a) be amended,

(b) include an offer to amend the part of a replaceable forest licence that is not surrendered,

(c) be subject to conditions that must be complied with before the minister enters into or amends a licence, and

(d) be accepted, no later than 3 months after the offer is made, by written notice of acceptance served on a person designated by the minister.

(12) If an offer made under subsection (10) is accepted and the minister is satisfied that the conditions, if any, referred to in subsection (11) (c) are complied with, the minister and the applicant must do one or both of the following:

(a) enter into a tree farm licence containing the terms and conditions set out in the offer;

(b) enter into an amendment referred to in subsection (10) (b) or (11) (b).

(13) A licence surrendered under this section expires on the commencement of the new tree farm licence or the amendment to the tree farm licence.

(14) The minister must specify an allowable annual cut

(a) for a new tree farm licence that is not greater than the total of the allowable annual cuts of the licences surrendered or partially surrendered under this section, and

(b) for an amended tree farm licence that is not greater than the total allowable annual cuts of the tree farm licence and licences surrendered or partially surrendered under this section.

25 Section 35 (1) is amended

(a) in paragraph (b) by striking out "sections 33 and 39" and substituting "sections 33, 34.1 and 39",

(b) in paragraph (n) by striking out "and" after "tree farm licence,", and

(c) by adding the following paragraphs:

(n.1) contain terms and conditions based on an application under section 34.1 (3), if applicable,

(n.2) specify an amount the holder must pay to the government if the holder fails to comply with a term or condition referred to in paragraph (n.1), if applicable, and .

26 The definition of "deletion period" in section 53 (1) is amended in paragraph (b) by striking out "section 39" and substituting "section 34.1 or 39".

27 Section 54.4 is amended

(a) by repealing subsection (0.1) and substituting the following:

(0.1) In this section, "restricted forest licence" and "supplemental forest licence" have the same meaning as in section 14.2 (1). ,

(b) by repealing subsection (1) (a),

(c) in subsection (1.01) by adding "or supplemental forest licence" after "restricted forest licence", and

(d) by adding the following subsection:

(1.2) Despite any of the exceptions to the prohibitions on disposition in subsections (1) and (1.01), a person may not dispose of an agreement in respect of which rights are under suspension, in whole or in part, under section 76 or 78.

28 Section 60.5 is amended

(a) in subsection (1) by striking out "and subsection (2)" and substituting "and subsections (1.1) and (2)",

(b) by adding the following subsection:

(1.1) If the Crown land to be deleted by order under section 60.2 from a tree farm licence area is to be used for exploration or development activities associated with oil and gas purposes or for prescribed purposes, the minister may make the order if the minister serves at least 60 days' advance notice of the order on the holder of the licence that is the subject of the intended deletion of Crown land. , and

(c) by repealing subsection (2) (a).

29 Section 75.1 is amended

(a) in subsection (3) (a) by adding ", subject to an applicable limit set out in an order issued under a regulation made under paragraph (a.1)," after "must be",

(b) in subsection (3) by adding the following paragraph:

(a.1) with respect to percentages prescribed under paragraph (a), authorizing the minister, subject to any terms specified in the regulation, to set, by order respecting an area, a limit on one or both of the following amounts:

(i) the aggregate volume of downward adjustments that may be made to one or more types of licences in the area;

(ii) the volume of downward adjustment that may be made to a licence or type of licence specified in the order, , and

(c) by adding the following subsections:

(3.1) If the minister is authorized to make an order under authority of a regulation made under subsection (3) (a.1), the order made under that authority must set out the following:

(a) the area for which the order is made;

(b) the licence or type of licence to which the order applies;

(c) the time period during which the limit applies;

(d) the grade and species of timber, or the uses of timber, to which the order applies.

(3.2) An order made under authority of a regulation made under subsection (3) (a.1) must be published by posting the order on a publicly accessible website maintained by or on behalf of the government.

30 The following section is added:

Adapting cut control for provisions respecting
licences under section 34.1

151.52 (1) The Lieutenant Governor in Council may make regulations for the purpose of adapting

(a) Division 3.1 of Part 4 of this Act, and

(b) the regulations made for that Division

to take into account the effect of the surrender or amendment of a licence referred to in section 34.1, including but not limited to regulations

(c) prescribing additional provisions to supplement the provisions of

(i) Division 3.1 of Part 4 of this Act, or

(ii) the regulations made for that Division

as the provisions apply in respect of that licence or its holder,

(d) varying provisions of that Division or of regulations made for that Division as the provisions apply in respect of that licence or its holder,

(e) providing that specified provisions of that Division or of regulations made for that Division do not apply to or in respect of that licence or its holder, and

(f) imposing conditions for the purpose of regulations made under this section.

(2) This section may be repealed by regulation of the Lieutenant Governor in Council and, on that repeal, regulations made under this section are also repealed.

31 Section 157 (d) (v) is repealed and the following substituted:

(v) requirements relating to

(A) the replacement of contracts or subcontracts on the transfer, subdivision or consolidation of licences or on compliance with section 34.1 (12), and

(B) the replacement of subcontracts on the transfer of contracts; .

Validation Provision

Land Act – validation

32 (1) In this section, "validation period" means the period beginning on July 1, 1983 and ending on the date this section comes into force.

(2) All interest charged, during the validation period, under whichever of section 22 of the Land Act, R.S.B.C. 1979, c. 214, and section 26 of the Land Act, R.S.B.C. 1996, c. 245, applies at the relevant time is conclusively deemed to have been validly charged to the extent that the interest charged was calculated

(a) at the rate prescribed under the applicable section, and

(b) in the manner prescribed by section 5 of the Interest on Overdue Accounts Receivable Regulation, B.C. Reg. 214/83.

(3) 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.

Part 6 – Health Amendments

Forensic Psychiatry Act

33 Section 7 of the Forensic Psychiatry Act, R.S.B.C. 1996, c. 156, is amended

(a) in subsection (1) by striking out "Subject to the Public Service Act, the commission" and substituting "The commission",

(b) in subsection (2) by striking out "and may declare that some or all of the Public Service Act applies to the executive director", and

(c) in subsection (3) by striking out "Despite the Public Service Act but with the approval of the minister, the commission" and substituting "The commission".

Medicare Protection Act

34 Section 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended by repealing paragraph (c) of the definition of "resident" and substituting the following:

(c) is physically present in British Columbia for

(i) at least 6 months in a calendar year, or

(ii) a shorter prescribed period, .

35 Section 51 (2) is amended by adding the following paragraph:

(s) for the purposes of paragraph (c) (ii) of the definition of "resident" in section 1,

(i) prescribing periods,

(ii) establishing limits and conditions that must be met for a shorter period to apply, and

(iii) conferring on the commission a discretion to grant approvals and to waive or modify limits and conditions established under subparagraph (ii) of this paragraph.

Part 7 – Justice Amendments

Interpretation Act

36 Section 43 of the Interpretation Act, R.S.B.C. 1996, c. 238, is repealed and the following substituted:

Citation of Acts

43 An Act may be cited as follows:

(a) by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted;

(b) by reference to its title, with or without reference to its chapter number;

(c) in the case of an Act that is a revised statute included in a general revision, by reference to its chapter number in the Revised Statutes of British Columbia;

(d) in the case of an Act that is a limited revision, by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted and as a Revised Statute of British Columbia for that year.

Representative for Children and Youth Act

37 Section 5 of the Representative for Children and Youth Act, S.B.C. 2006, c. 29, is amended by adding the following subsection:

(3) If, in the circumstances set out in subsection (2), the standing committee is not established, the Lieutenant Governor in Council may make the appointment referred to in that subsection.

38 Section 6 is amended

(a) by renumbering the section as subsection (1),

(b) in subsection (1) by adding the following paragraph:

(a.1) support, assist, inform and advise young adults and their families respecting prescribed services and programs, which activities include, without limitation,

(i) providing information and advice to young adults and their families about how to effectively access prescribed services and programs and how to become effective self-advocates with respect to those services and programs,

(ii) advocating on behalf of a young adult receiving or eligible to receive a prescribed service or program, and

(iii) supporting, promoting in communities and commenting publicly on advocacy services for young adults and their families with respect to prescribed services and programs; , and

(c) by adding the following subsection:

(2) In this section, "young adult" means a person who

(a) is 19 years of age or older but is under 24 years of age, and

(b) received a reviewable service within 15 months before the person's 19th birthday.

39 Section 11 is amended by repealing subsection (3) and substituting the following:

(3) The representative may conduct a review for the following purposes:

(a) to determine whether to investigate a critical injury or death under section 12;

(b) to identify and analyze recurring circumstances or trends

(i) to improve the effectiveness and responsiveness of a reviewable service, or

(ii) to inform improvements to broader public policy initiatives.

(4) If, after completion of a review under subsection (3), the representative decides not to conduct an investigation under section 12, the representative may disclose the results of the review to the public body, or the director, responsible for the provision of the reviewable service that is the subject of the review.

40 Section 13 (c) is amended by striking out "earlier" and substituting "earliest", by striking out "and" at the end of subparagraph (i), by adding ", and" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) the date the public body or director provides the representative with a written consent to investigate the critical injury or death of the child.

41 Section 17 (2) is amended by adding "before September 30 of the year immediately prior to the year to which the service plan applies" after "to the Speaker" and by adding "after receiving it" after "as soon as possible".

42 Section 23 (4.1) (a) is amended by striking out "section 6 (a) to (c)" and substituting "section 6 (1) (a) to (c)".

43 Section 29 (2) is amended by adding the following paragraph:

(c.1) for the purposes of section 6 (1) (a.1), prescribing services and programs that are

(i) provided, authorized or funded under an Act,

(ii) provided, authorized or funded by a ministry or agency of the government, or

(iii) provided in a facility or class of facilities licensed or regulated under an Act; .

44 Section 30 is amended

(a) by renumbering the section as subsection (1),

(b) in subsection (1) by adding ", and young adults as defined in that section," after "children" and by striking out "within 5 years of the coming into force of section 6" and substituting "before April 1, 2017, and at least once every 5 years after that", and

(c) by adding the following subsection:

(2) In addition to the comprehensive review required under subsection (1), the standing committee must also complete, by April 1, 2015, an assessment of the effectiveness of section 6 (1) (b) in ensuring that the needs of children are met.

Statute Revision Act

45 Section 4 of the Statute Revision Act, R.S.B.C. 1996, c. 440, is amended by adding the following subsection:

(3) The Clerk of the Legislative Assembly is responsible for keeping the official copy of a revision deposited under this section.

46 Section 5 (5) is repealed.

47 Section 6 is repealed and the following substituted:

Title and publication of revision

6 (1) A general revision

(a) may be published with the title Revised Statutes of British Columbia, and

(b) may include in the title the year of the revision as specified by the Chief Legislative Counsel.

(2) A limited revision

(a) may be given a chapter number as if it were enacted by the Legislature in the year in which the official copy of the limited revision is deposited with the Clerk of the Legislative Assembly, and

(b) may be published as a Revised Statute of British Columbia for that year in the volume of Acts for that year.

Validation and Confirmation Provisions

Confirmation of revision correction regulation

48 B.C. Reg. 291/2012 is validated and the corrections made by that regulation are confirmed and given continuing effect.

Miscellaneous Statutes Amendment Act, 2010 – Vancouver Bible Institute

49 (1) Section 9 (e) of the Miscellaneous Statutes Amendment Act, 2010, S.B.C. 2010, c. 3, is conclusively deemed not to have come into force and is repealed.

(2) The provisions of the Vancouver Bible Institute Enabling Act, 1968, S.B.C. 1968, c. 70, are deemed not to have been repealed and section 35 of the Interpretation Act, R.S.B.C. 1996, c. 238, does not apply.

(3) All things done in accordance with the provisions of the Vancouver Bible Institute Enabling Act, 1968, S.B.C. 1968, c. 70, between March 31, 2010 and the date this section comes into force are deemed to have been validly done.

(4) 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.

Commencement

50 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:

 
Explanatory Notes

SECTION 1: [Child, Family and Community Service Act, section 5] makes the wording consistent with the references to domestic violence in section 13 of the Act, as amended by this Bill.

SECTION 2: [Child, Family and Community Service Act, section 13]

• provides that a child needs protection if the child is emotionally harmed by living in a situation where there is domestic violence;
• removes a reference that is no longer applicable;
• provides that the likelihood of physical harm to a child increases when a child is living in a situation where there is domestic violence.

SECTION 3: [Child, Family and Community Service Act, section 16]

• authorizes the director to conduct an assessment of the family respecting the matters described;
• requires the director to make all reasonable efforts to report the results of the assessment of the family to the persons described;
• authorizes the director to report, in the circumstances described, the results of the assessment of the family to the child;
• provides that the director is not required to report the results of the assessment of the family to the persons described, and may not report the results of the assessment of the family to the child, if reporting would cause harm to a person or endanger the child's safety.

SECTION 4: [Child, Family and Community Service Act, section 20] provides that if, after an assessment of the family, a director concludes that services are necessary, the director may offer to refer a parent or family member to a family conference coordinator.

SECTION 5: [Child, Family and Community Service Act, section 74] provides that the powers of the commissioner under the Freedom of Information and Protection of Privacy Act apply in the circumstances specified.

SECTION 6: [Child, Family and Community Service Act, section 75] prohibits persons from disclosing information under this Act except as set out.

SECTION 7: [Child, Family and Community Service Act, section 77] provides that a director may refuse to disclose information supplied in confidence during an assessment of the family as set out in section 16 (2) (b.1) of the Act, as added by this Bill.

SECTION 8: [Child, Family and Community Service Act, section 97.1] authorizes a director to intervene in a proceeding under the Family Law Act.

SECTION 9: [School Act, section 85.1] requires each school board to establish, in accordance with specified requirements, a policy promoting the use by licensed child care providers of board-owned land or improvements in the board's school district that are or have been used, or are intended for use, for educational activities.

SECTION 10: [Clean Energy Act, section 3] requires submission by the British Columbia Hydro and Power Authority to the minister of the first integrated resource plan within 38 rather than 30 months from the date Part 1 of the Clean Energy Act came into force, June 3, 2010.

SECTION 11: [Liquor Control and Licensing Act, section 1]

• adds definitions of "charitable fundraiser" and "charitable representative";
• repeals the definition of " "licence" or "permit" " and adds each term as a separate definition to clarify that the 2 terms are distinct.

SECTION 12: [Liquor Control and Licensing Act, section 7.2]

• establishes a permit scheme authorizing liquor auctions by charitable fundraisers to raise funds for charitable purposes;
• imposes requirements on permit holders for keeping and producing records and for administering and using funds raised.

SECTION 13: [Liquor Control and Licensing Act, section 7.3] authorizes auctions of small quantities of liquor without a permit by charitable fundraisers to raise funds for charitable purposes.

SECTION 14: [Liquor Control and Licensing Act, section 38]

• allows agents and liquor manufactuers to donate liquor bought from the Liquor Distribution Branch for sale at charitable special occasions and charitable fundraising auctions;
• clarifies that a licensee may only sell liquor bought by the licensee from the Liquor Distribution Branch;
• as an exception, allows special occasion licensees to sell liquor donated by an agent or liquor manufacturer if the purpose of the special occasion is to raise funds for a charitable purpose;
• allows a person to sell liquor to the Liquor Distribution Branch.

SECTION 15: [Liquor Control and Licensing Act, section 84] authorizes the Lieutenant Governor in Council to make regulations governing charitable fundraising auctions under sections 7.2 and 7.3 of the Act.

SECTION 16: [Liquor Distribution Act, section 1] amends the definition of "authorized vendor" to include

• a person to whom a special occasion licence is issued under section 7 of the Liquor Control and Licensing Act, and
• a person authorized to auction liquor under section 7.2 or 7.3 of the Liquor Control and Licensing Act.

SECTION 17: [Integrated Pest Management Act, section 38] adds authority for regulations

• excluding pesticides and uses from regulations referred to in section 4 (1) (b) of the Act, and
• prescribing circumstances in which a licence is not required for a pesticide use prescribed for the purposes of section 4 (1) (b) of the Act.

SECTION 18: [Provincial Symbols and Honours Act, sections 6.2 and 6.3]

• recognizes Pacific Salmon as the fish emblem of British Columbia, and
• gives the Lieutenant Governor in Council the power to prescribe a stylized symbol representing the fish emblem of British Columbia.

SECTION 19: [Forest Act, section 1] amends the definition of “bonus bid” to clarify that it also includes a bid that is calculated based on timber volumes attributed to an agreement under authority of a regulation made under section 75.1 (3) (b) of the Act.

SECTION 20: [Forest Act, section 8] is consequential to the addition by this Bill of section 34.1 to the Act.

SECTION 21: [Forest Act, section 14] provides authority to restrict harvesting under a forest licence to a portion of a timber supply area or to a type of timber or terrain.

SECTION 22: [Forest Act, section 14.1] is consequential to amendments made by this Bill to section 14 of the Act.

SECTION 23: [Forest Act, section 14.2] provides for a new type of forest licence, referred to as a “supplemental forest licence”, that authorizes timber harvesting only if the licence holder is unable to obtain from other sources timber or wood residue needed for the holder's timber processing facilities.

SECTION 24: [Forest Act, section 34.1]

• authorizes the minister to invite applications to surrender forest licences and tree farm licences for new tree farm licences or amendments to tree farm licences;
• sets out application requirements for replacement licences or amendments;
• authorizes the minister to give directions to applicants respecting their obligation to make the application available for public review and comment;
• authorizes the minister to make offers to applicants respecting new tree farm licences or amendments to tree farm licences and, if an offer is accepted, requires the minister and applicant to enter into a tree farm licence and the minister to make the amendments.

SECTION 25: [Forest Act, section 35] is consequential to the addition by this Bill of section 34.1 to the Act.

SECTION 26: [Forest Act, section 53] is consequential to the addition by this Bill of section 34.1 to the Act.

SECTION 27: [Forest Act, section 54.4]

• makes amendments consequential to the addition by this Bill of sections 14.2 and 54.4 (1.2) to the Act;
• clarifies that, despite the exceptions to the prohibitions on disposition, agreements that are under suspension may not be disposed of.

SECTION 28: [Forest Act, section 60.5] provides that a different notice requirement than that in subsection (1) of the section applies for exploration or development activities associated with oil and gas purposes or for prescribed purposes.

SECTION 29: [Forest Act, section 75.1] empowers the Lieutenant Governor in Council to make regulations authorizing the minister to make orders limiting, for the area specified in the order, the volume of timber that can be adjusted downward under authority of a regulation made under subsection (3) (a).

SECTION 30: [Forest Act, section 151.52] authorizes regulations adapting Division 3.1 of Part 4 of the Act for the purposes of section 34.1 of the Act added by this Bill.

SECTION 31: [Forest Act, section 157] is consequential to the addition by this Bill of section 34.1 to the Act.

SECTION 32: [Land Act – validation] validates interest charged since July 1, 1983 under section 22 of the Land Act, R.S.B.C. 1979, c. 214, or section 26 of the Land Act, R.S.B.C. 1996, c. 245, that would have been validly charged had it not been compounded according to the general method of calculation prescribed under the Financial Administration Act by section 5 of the Interest on Overdue Accounts Receivable Regulation.

SECTION 33: [Forensic Psychiatry Act, section 7] removes references to the Public Service Act.

SECTION 34: [Medicare Protection Act, section 1] permits a person to be a resident for the purposes of the Act if the person is physically present in British Columbia for 6 months or a shorter prescribed period.

SECTION 35: [Medicare Protection Act, section 51] adds a regulation-making power, consequential to the amendment made by this Bill to section 1 of the Act.

SECTION 36: [Interpretation Act, section 43] adds a provision respecting the citation of limited revisions under the Statute Revision Act.

SECTION 37: [Representative for Children and Youth Act, section 5] authorizes the Lieutenant Governor in Council to appoint an acting representative if the standing committee, which would otherwise make the appointment, is not established.

SECTION 38: [Representative for Children and Youth Act, section 6] extends the functions of the representative to include specified functions respecting young adults.

SECTION 39: [Representative for Children and Youth Act, section 11] clarifies the purposes for which the representative may conduct a review and authorizes the representative to disclose the results of a review to the public body, or the director, responsible for the provision that is the subject of the review.

SECTION 40: [Representative for Children and Youth Act, section 13] provides that, subject to the other circumstances specified in the section, the representative may conduct an investigation under section 12 of the Act with the written consent of the public body, or the director, responsible for the applicable provision of a reviewable service.

SECTION 41: [Representative for Children and Youth Act, section 17] sets out when service plans must be delivered to the Speaker and when the Speaker must lay them before the Legislative Assembly.

SECTION 42: [Representative for Children and Youth Act, section 23] is consequential to the amendment to section 6 of the Act made by this Bill.

SECTION 43: [Representative for Children and Youth Act, section 29] amends the regulation-making authorities consequential to other amendments to the Act made by this Bill.

SECTION 44: [Representative for Children and Youth Act, section 30] requires the standing committee to complete a specified review by April 1, 2015.

SECTION 45: [Statute Revision Act, section 4] provides that the Clerk of the Legislative Assembly has a continuing responsibility for keeping the official copy of each statute revision that is deposited under the Act after approval by the responsible select standing committee of the Legislative Assembly.

SECTION 46: [Statute Revision Act, section 5] repeals a provision that is replaced by the proposed section 4 (3) of the Act as added by this Bill.

SECTION 47: [Statute Revision Act, section 6] replaces the current provisions respecting the citation and publication of statute revisions to allow the citation year for a general revision to be specified by the Chief Legislative Counsel and to allow limited revisions to be identified as revised statutes in the annual statute volumes.

SECTION 48: [Confirmation of revision correction regulation] validates B.C. Reg. 291/2012 and confirms and gives continuing effect to the corrections made by that regulation to the Limitation Act and the Insurance Act as a result of the Insurance Act revision.

SECTION 49: [Miscellaneous Statutes Amendment Act, 2010 – Vancouver Bible Institute] deems the repeal of the Vancouver Bible Institute Enabling Act, 1968, to never have come into force and validates all things done in accordance with the Vancouver Bible Institute Enabling Act, 1968 between March 31, 2010 and the date the section comes into force.