BILL 13 – 2008
LABOUR AND CITIZENS' SERVICES STATUTES AMENDMENT ACT, 2008

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

Employment Standards Act

1 Section 1 (1) of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended in the definition of "wages" by striking out "and" at the end of paragraph (h), by adding ", and" at the end of paragraph (i) and by adding the following paragraph:

(j) an administrative fee imposed under section 30.1; .

2 Section 13 is amended by adding the following subsection:

(3) A person must not engage the services of a farm labour contractor unless the farm labour contractor is licensed under this Act.

3 The following sections are added to Part 3:

Liability of farm labour contractor for transportation costs

30.1  (1) A farm labour contractor is liable to pay a prescribed administrative fee to the Province if

(a) a motor vehicle used by the farm labour contractor to transport employees of the farm labour contractor, of another farm labour contractor or of a producer is, during the transportation of the employees, removed from service as the result of a failure to comply with, or a contravention of, an enactment of British Columbia or of Canada, and

(b) the Province, at its own cost, provides alternative transportation to transport the employees to the employees' work site or another location.

(2) If a farm labour contractor is liable under subsection (1) to pay an administrative fee, the director must serve on the contractor a notice setting out

(a) the amount of the fee,

(b) the date by which the fee must be paid,

(c) the consequences of failing to pay the fee, and

(d) the manner and method for payment of the fee.

(3) A farm labour contractor liable to pay an administrative fee under subsection (1) must pay the fee in accordance with the regulations.

(4) The director may vary or cancel a notice

(a) if

(i) the farm labour contractor on whom the notice was served provides evidence satisfactory to the director that the finding that the farm labour contractor failed to comply with or contravened an enactment as described in subsection (1) (a) has been reversed on appeal under that enactment, or

(ii) evidence comes to the attention of the director that was not available at the time the notice was issued that another requirement under subsection (1) was not met, or

(b) to correct a clerical, typographical or inadvertent error, an omission or a similar mistake.

Enforcement of administrative fee

30.2  (1) An administrative fee imposed under section 30.1 is a debt payable to the government.

(2) If a farm labour contractor fails to pay the administrative fee as required under section 30.1, the director may do one or more of the following:

(a) suspend, cancel or refuse to reinstate the farm labour contractor's licence, or refuse to grant a new licence to the farm labour contractor, until the fee is paid;

(b) file with the Supreme Court a copy of the notice referred to in section 30.1 (2).

(3) On being filed, the notice is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of the amount of the fee stated in the notice.

(4) Sections 79 and 98 do not apply to a contravention of section 30.1.

4 Section 122 is amended

(a) by striking out "A determination or demand" wherever it appears and substituting "A determination or demand or a notice under section 30.1 (2)",

(b) by striking out "the determination or demand" wherever it appears and substituting "the determination or demand or the notice under section 30.1 (2)", and

(c) by striking out "a determination or demand" and substituting "a determination or demand or a notice under section 30.1 (2)".

5 Section 127 is amended

(a) by repealing subsection (2) (c) and substituting the following:

(c) respecting the licensing of employment agencies, talent agencies and farm labour contractors, including the following:

(i) establishing terms and conditions of licences, or terms and conditions that must be met for obtaining, continuing to hold or renewing a licence;

(ii) providing for the refusal, suspension, cancellation, renewal or reinstatement of licences, including the circumstances under which a licence may be refused, suspended, cancelled, renewed or reinstated;

(iii) providing for appeals of decisions made with respect to the refusal, suspension, cancellation, renewal or reinstatement of licences; ,

(b) in subsection (2) (d) by striking out "respecting" and substituting "prescribing", and

(c) by adding the following subsection:

(4) Regulations made under subsection (2) (c) may delegate a matter to or confer a discretion on the director.

6 Section 127 (2) is amended by adding the following paragraph:

(p.1) prescribing an administrative fee for the purposes of section 30.1, and establishing the time, manner and method for payment of the prescribed fee; .

Freedom of Information and Protection of Privacy Act

7 Section 3 (3) of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following paragraph:

(e.1) section 30.5 (notification of unauthorized disclosure); .

8 Section 11 is repealed and the following substituted:

Transferring a request

11 (1) Within 20 days after a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if

(a) the head of the public body is satisfied that the request meets the requirements of section 5 (1), and

(b) one or more of the following applies:

(i) the record was produced by or for the other public body;

(ii) the other public body was the first to obtain the record;

(iii) the record is in the custody or under the control of the other public body.

(2) If a request is transferred under subsection (1), the head of the public body who transferred the request must notify the applicant of the transfer.

(3) If the head of the public body to which a request is transferred under subsection (1) is satisfied that the request meets the requirements of section 5 (1) (a) and (b), the head of the public body must respond to the applicant

(a) in accordance with section 8, and

(b) not later than 30 days after the request is received by that public body, unless this time limit is extended under section 10.

9 Section 30.2 (2) is amended by striking out "If a public body, an employee of a public body" and substituting "If the head of a public body or an employee, officer or director of a public body".

10 Section 30.4 is amended by striking out "A person referred to in section 31.1" and substituting "An employee, officer or director of a public body or an employee or associate of a service provider".

11 The following section is added:

Notification of unauthorized disclosure

30.5  (1) In this section, "unauthorized disclosure of personal information" has the same meaning as in section 30.2 (1).

(2) An employee, officer or director of a public body, or an employee or associate of a service provider, who knows that there has been an unauthorized disclosure of personal information that is in the custody or under the control of the public body must immediately notify the head of the public body.

12 Section 33.1 (1) is amended by adding the following paragraph:

(a.1) if the information or disclosure is of a type described in section 22 (4) (e), (f), (h), (i) or (j); .

13 Section 36 is amended

(a) by renumbering the section as section 36 (1), and

(b) by adding the following subsections:

(2) For the purposes of subsection (3), "institution" means a museum, an archives or a similar institution that is or forms part of a public body or an organization, as the latter is defined in the Personal Information Protection Act.

(3) A board or a francophone education authority, as those are defined in the School Act, may disclose personal information or cause personal information in its custody or under its control to be disclosed to an institution if

(a) the disclosure would not be an unreasonable invasion of personal privacy under section 22,

(b) the disclosure is for historical research and is in accordance with section 35,

(c) the information is about someone who has been dead for 20 or more years, or

(d) the information is in a record that has been in existence for 100 or more years.

14 Section 44 is amended by adding the following subsections:

(3.1) The commissioner may require a person to attempt to resolve the person's request for review or complaint against a public body in the way directed by the commissioner before the commissioner begins or continues an investigation under section 42 or an inquiry under section 56.

(3.2) Subsection (3.1) applies whether or not a mediator has been authorized under section 55.

15 Section 47 is amended by adding the following subsections:

(2.1) The commissioner and anyone acting for or under the direction of the commissioner must not give or be compelled to give evidence in court or in any other proceedings in respect of any records or information obtained in performing their duties or exercising their powers and functions under this Act.

(2.2) Despite subsection (2.1), the commissioner and anyone acting for or under the direction of the commissioner may give or be compelled to give evidence

(a) in a prosecution for perjury in respect of sworn testimony,

(b) in a prosecution for an offence under this Act,

(c) in an investigation, a determination or a review referred to in section 60 (1), or

(d) in an application for judicial review of a decision made under this Act.

(2.3) Subsections (2.1) and (2.2) apply also in respect of evidence of the existence of proceedings conducted before the commissioner.

16 The following section is added:

Order for severing of records

54.1  (1) After the head of a public body has responded to a request under section 5 and a request for review of that response has been received under section 52, the commissioner may, at any time, by order,

(a) confirm that the head of a public body has failed to sever the records that are the subject of the review, as required by this Act, and

(b) require the head of the public body to sever the records in accordance with the directions and within the period set out in the order.

(2) The commissioner may not set a period for severing a record under subsection (1) that is less than 30 days after the date a copy of the order is given to the head of the public body concerned.

17 Section 56 is amended

(a) in subsection (6) by striking out "An inquiry" and substituting "Subject to subsection (8), an inquiry", and

(b) by adding the following subsections:

(7) If the commissioner has required a person to attempt to resolve a matter under section 44 (3.1), the commissioner may defer beginning or may adjourn an investigation under section 42 or an inquiry under this section to enable the resolution of the matter in the way required under section 44 (3.1).

(8) The period of an adjournment or deferral under subsection (7) must not be included for the purpose of calculating a deadline under subsection (6).

18 Section 59 is amended

(a) in subsection (1) by striking out "Not later" and substituting "Subject to subsection (1.1), not later",

(b) by adding the following subsection:

(1.1) If the commissioner gives the head of a public body a copy of an order made under section 54.1, the head of the public body must comply with the order within the period set out in the order, unless an application for judicial review of the order is brought before that period ends. , and

(c) in subsection (2) by adding "or set out in an order given under section 54.1" after "subsection (1)".

19 The following section is added to Division 1 of Part 5:

Enforcement of orders of commissioner

59.01  (1) Subject to subsection (3), the commissioner may file a certified copy of an order made under section 54.1 or 58 with the Supreme Court.

(2) Subject to subsection (3), a party affected, or a person designated, by an order made under section 58 may file a certified copy of the order with the Supreme Court.

(3) An order may be filed under subsection (1) or (2) only if

(a) the order is not, or is no longer, the subject of an application for judicial review, or the subject of an appeal or further appeal, as the case may be, from a decision on judicial review in respect of the order,

(b) the date by which a person must comply with the order under section 59 (1) or (1.1), as the case may be, has occurred, and

(c) the period for commencing an appeal or further appeal, as the case may be, from a decision on judicial review in respect of the order has expired.

(4) An order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.

20 Section 61 is amended by adding the following subsection:

(3) Section 47 (2.1) to (2.3) applies to an adjudicator and the staff of an adjudicator.

21 Section 65 is amended

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

(1) An adjudicator has the powers, duties and functions given to the commissioner by sections 54.1, 55 and 56 (1), (4) and (7), and sections 56 (2), (3), (5), (6) and (8) and 57 apply to an inquiry conducted by an adjudicator. , and

(b) by repealing subsection (3) and substituting the following:

(3) Sections 59 and 59.01 apply to an order of an adjudicator.

22 Section 69 is amended

(a) in subsection (1) by striking out "information sharing agreement" and substituting "information-sharing agreement",

(b) in subsection (3) (b) by striking out "information sharing agreements" and substituting "information-sharing agreements", and

(c) in subsection (5) by striking out "information sharing agreement" and substituting "information-sharing agreement".

23 Section 69.1 is amended

(a) in subsection (1) by striking out "health information sharing agreement" and substituting "health information-sharing agreement",

(b) in subsection (3) (b) by striking out "health information sharing agreements" and substituting "health information-sharing agreements", and

(c) in subsection (5) (b) by striking out "health information sharing agreement" and substituting "health information-sharing agreement".

24 Section 74 (1) (c) is amended by striking out "section 58" and substituting "section 54.1 or 58".

25 Section 74.1 is amended

(a) in subsection (1) by adding "or 30.5 (notification of unauthorized disclosure)" after "section 30.4 (unauthorized disclosure)", and

(b) in subsection (3) by striking out "or" at the end of paragraph (c), by adding "or" at the end of paragraph (d) and by adding the following paragraph:

(e) contravenes section 30.5 (notification of unauthorized disclosure), .

Labour Relations Code

26 Section 121 (2) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by striking out "the director." and substituting "the director, except the power under section 128 (2)."

27 Section 128 is repealed and the following substituted:

Timing and publication of decisions

128  (1) The board must render its decision on a complaint or application

(a) if a time period has been prescribed by the minister under section 159.1 (a), within the prescribed time period, and

(b) if no time period has been prescribed, within a reasonable period of time.

(2) The chair may, before or after a prescribed time period expires, extend the time period referred to in subsection (1) (a) for a specific case

(a) in the circumstances established under section 159.1 (b), or

(b) in other circumstances that the chair considers exceptional.

(3) The board must make all its decisions in proceedings under this Code available in writing for publication.

28 The following section is added to Part 10:

Minister's power to make regulations

159.1  The minister may make regulations

(a) prescribing time periods for the purposes of section 128 (1) (a), including prescribing different time periods for different classes of complaints or applications, which classes may be based on any of the following:

(i) the section of the Code under which a complaint or application is made;

(ii) the date that a complaint or application is received by the board;

(iii) any other basis the minister considers reasonable, and

(b) establishing, for the purposes of section 128 (2) (a), the circumstances in which the chair may extend a time period.

Workers Compensation Act

29 Section 94 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(a) by repealing subsections (1) to (1.2) and substituting the following:

(1) In this section, "ministry" means the ministry of the minister.

(1.1) Workers' advisers, employers' advisers and other employees necessary to enable the workers' advisers and employers' advisers to perform their duties under subsections (2) and (3), respectively, may be appointed as employees of the ministry under the Public Service Act.

(1.2) The minister may request that the Board reimburse the government for all amounts paid by the government for the reasonable expenses properly incurred by the government in administering workers' and employers' advisers programs. ,

(b) by repealing subsections (1.4) and (1.5), and

(c) in subsection (4) by striking out "The workers' advisers and employers' advisers" and substituting "Employees of the ministry acting in the capacity of workers' advisers or employers' advisers".

Transitional Provision

Transitional — rescission of appointments

30  (1) The appointment of an individual acting in the capacity of a workers' adviser or employers' adviser on the date section 29 of this Act comes into force is rescinded on the earlier of

(a) the date the individual is appointed as an employee under section 94 (1.1) of the Workers Compensation Act, and

(b) 18 months after section 29 of this Act comes into force.

(2) Section 94 (4) of the Workers Compensation Act, as it read immediately before the coming into force of section 29 of this Act, continues to apply to an individual referred to in subsection (1) of this section until the individual's appointment is rescinded.

Consequential Amendments

Health Professions Act

31 Section 20.4 (2) (b) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "information sharing agreements," and substituting "information-sharing agreements,".

Public Service Labour Relations Act

32 Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in the definition of "employee" by adding the following paragraph:

(f.3) a person appointed under the Public Service Act to perform the duties of a workers' adviser or employers' adviser under section 94 of the Workers Compensation Act; .

Commencement

33  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: