BILL 45 – 2004
COMMUNITY LIVING AUTHORITY ACT
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 -- Introductory Provisions
Definitions
1 In this Act:
"administrative services" means administrative support and services, including, without limitation, computer, data analysis, legal, payroll, records management, procurement and other support and services, but does not include community living support;
"adult" means a person 19 years of age or over;
"authority" means Community Living British Columbia, established under section 2 (1);
"board" means the board of directors of the authority appointed under section 5;
"capital project" means a project that
(a) is budgeted for, in whole or in part, as a capital expense with a value above the amount set by the minister, and
(b) is related to acquiring or developing facilities owned or leased by or on behalf of the authority for the purpose of administering this Act;
"child" means a person under 19 years of age;
"community living support" means any of the following:
(a) support and services to children and adults with developmental disabilities;
(b) support and services to families to assist them in caring for a child or an adult with a developmental disability;
(c) support and services to adults, other than those described in paragraph (a) or (b), who, on the date that this Act comes into force, are receiving community living services under vote 16 in the estimates of revenue and expenditure approved for the Ministry of Children and Family Development in the Supply Act, 2004-2005;
(d) support and services to other prescribed persons;
"developmental disability" means significantly impaired intellectual functioning that
(a) manifests before the age of 18 years,
(b) exists concurrently with impaired adaptive functioning, and
(c) meets other prescribed criteria;
"director" means a member of the board appointed under section 5;
"fiscal year" means a year beginning on April 1;
"interim authority" means an authority established under section 3 (1) of the Community Services Interim Authorities Act;
"minister" means the minister responsible for the administration of this Act;
"service provider" means a person or an organization delivering community living support under an agreement with the authority or a person authorized by the authority;
"unearned revenue" means money that was received by the authority from the government for a purpose and that has not been applied to that purpose within the time or in the way required.
Part 2 -- Community Living British Columbia
Division 1 -- Establishment of Authority and Composition of Board
Authority established
2 (1) There is established an authority to be known as Community Living British Columbia to exercise the powers and perform the functions and duties given to it under this Act.
(2) The authority is a corporation consisting of the board.
Agent of government
3 (1) The authority is for all purposes an agent of the government.
(2) The authority, as an agent of the government, is not liable for taxation except as the government is liable for taxation.
Capital of authority
4 The capital of the authority is one share with a par value of $10, which share must be issued to, and registered in the name of, the Minister of Finance and must be held by that minister on behalf of the government.
Composition of board
5 (1) The board consists of up to 11 directors appointed by the minister.
(2) All directors, other than a director referred to in subsection (4), must have the necessary skills, qualifications and experience to direct the authority.
(3) Subject to subsection (2) and section 6 (2) (c), a majority of directors must be
(a) individuals referred to in the definition of "community living support", or
(b) individuals who have a significant connection to the individuals referred to in paragraph (a), including family members.
(4) Subject to section 6 (2) (c), 2 of the directors must be individuals with a developmental disability.
(5) The chair of the board is a director who
(a) is designated as chair by the minister, or
(b) is appointed by the board under the bylaws of the authority if a chair is not designated under paragraph (a).
(6) The board must establish an advisory committee to the board composed of individuals referred to in the definition of "community living support".
Term of appointment of directors
6 (1) An appointment under section 5 (1) may be
(a) made for a term not exceeding 3 years, and
(b) renewed for an additional term not exceeding 3 years.
(2) If a person ceases for any reason to be a director of the board before the end of the term for which he or she was appointed,
(a) the minister may appoint a replacement director for the remainder of the term of that person,
(b) despite section 5 (1), but subject to section 5 (2), (3) and (4), the chair may, after consultation with the minister, appoint an individual as a director to hold office until the earlier of the following:
(i) an appointment under section 5 (1) or subsection (2) (a);
(ii) a period of 6 months has expired, and
(c) the board continues to operate until a replacement director is appointed under paragraph (a) or (b).
(3) The chair of the board may authorize a director to continue to hold office after the expiry of the director's term of appointment until the earliest of the following:
(a) the director is reappointed;
(b) an appointment under subsection (1);
(c) a period of 6 months has expired.
Remuneration
7 (1) The minister may set
(a) remuneration for directors in accordance with the general directives of the Treasury Board, including different rates of remuneration for different directors, and
(b) other conditions of appointment of a director.
(2) The authority must pay directors
(a) the remuneration set under subsection (1) (a), and
(b) reimbursement, in accordance with the general directives of the Treasury Board, for reasonable travelling and out of pocket expenses necessarily incurred in carrying out their duties.
Division 2 -- Powers, Functions and Duties of Board
Management of authority
8 (1) Subject to this Act and the regulations, the board must manage the affairs of the authority and may
(a) exercise the powers and perform the functions and duties of the authority under this Act on behalf of the authority, and
(b) delegate to another person the exercise of any power or performance of any function or duty conferred or imposed on the board other than the power to delegate under this paragraph.
(2) Subject to this Act and the regulations, the board may pass resolutions and make bylaws it considers necessary or advisable for the management and conduct of its affairs, the exercise of its powers and the performance of its functions and duties.
(3) Subject to the regulations, the board must establish a conflict of interest policy for directors, the chief executive officer and other officers and employees, for the approval of the minister.
(4) The board may not acquire or dispose of real property, except by resolution of the board and with the prior approval of the minister under section 10 (2).
(5) Before submitting its service plan, budget plan or capital plan to the minister for approval, the board must approve the plan by resolution.
(6) A majority of the directors holding office constitutes a quorum at a meeting of the board.
(7) If more than half of the directors in the office abstain from voting at a meeting of the board because of a conflict of interest, whether actual or potential, the remaining directors constitute a quorum for that vote.
(8) The affirmative votes of a quorum at a meeting of the board is sufficient to pass a resolution or bylaw.
(9) A resolution in writing, signed by all of the directors, is as valid as if it had been passed at a meeting of the board properly called and constituted.
Meetings open to public
9 (1) Subject to subsections (2) and (3), a meeting of the board must be open to the public.
(2) A part of a board meeting may be closed to the public if the subject matter being considered relates to one or more of the following:
(a) personal information about an identifiable individual who holds, or is being considered for, a position as a director, officer, employee, agent or contractor of the authority;
(b) personal information about an identifiable individual who has offered to provide a donation to the authority on condition of anonymity;
(c) labour relations or employee negotiations;
(d) the security of property of the authority;
(e) the acquisition or disposition of land or improvements, if the board considers that disclosure could reasonably be expected to harm the interests of the authority;
(f) litigation or potential litigation affecting the authority;
(g) communications that are subject to solicitor-client privilege;
(h) information that would be prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act if the information were in a record;
(i) information that may be withheld from disclosure under another enactment;
(j) discussions respecting an investigation under the Ombudsman Act if the authority has been notified under section 14 of that Act.
(3) A part of a board meeting must be closed to the public if the subject matter being considered relates to information that must be withheld from disclosure under another enactment.
(4) Before a meeting or part of a board meeting is closed to the public, the board must state, by resolution,
(a) the fact that the meeting or part of the meeting is to be closed, and
(b) the basis under subsection (2) or (3) on which the meeting or part of the meeting is to be closed.
Division 3 -- Powers, Functions and Duties of Authority
Powers of authority
10 (1) Subject to this Act and the regulations, the authority has the powers and capacity of a natural person for the purposes of exercising its powers and performing its functions and duties under this Act.
(2) Except with the prior approval of the minister, the authority may not
(a) acquire assets and incur liabilities other than in its own name,
(b) incur a deficit of any kind,
(c) borrow money,
(d) spend money for a capital project other than in accordance with a capital plan, or
(e) acquire or dispose of real property.
Duties of authority
11 The authority must do all of the following:
(a) provide for the delivery in British Columbia of community living support identified by the minister and of administrative services
(i) using available resources through its own employees, or
(ii) by entering into agreements with the government or other persons to deliver or provide for the delivery of that support;
(b) comply with Provincial standards prescribed by the minister under section 18 (1) (a);
(c) manage the delivery of community living support and administrative services, including, without limitation, developing policies, setting priorities and allocating resources, in accordance with its service plan, budget plan and capital plan;
(d) comply with the minister's directions in carrying out his or her power under section 18 (1) (b) to monitor and assess the authority, and comply with processes to assess performance, set by the minister under section 18 (1) (c);
(e) prepare, and submit to the minister after the end of its fiscal year, an annual report in accordance with the regulations;
(f) perform other prescribed functions and duties.
Service plan and other plans
12 (1) The authority must submit to the minister for approval, by a date specified by the minister,
(a) a proposed service plan respecting the provision of community living support and administrative services for the period specified by the minister, and
(b) a proposed budget plan and capital plan related to the provision of community living support and administrative services by the authority under the service plan referred to in paragraph (a).
(2) In developing a proposed plan referred to in subsection (1) in relation to the provision of community living support, the authority must endeavour to
(a) offer a range of funding and planning options that promote choice, flexibility and self-determination, for example, individualized funding, independent planning support and the involvement of community resources,
(b) promote choice and innovation in the manner in which services are delivered,
(c) encourage shared responsibility among families, service providers and community resources,
(d) utilize and further develop the capacity of individuals, families and community resources,
(e) assist adults with developmental disabilities to achieve maximum independence and live full lives in their communities,
(f) promote equitable access to community living support, and
(g) coordinate the provision of community living support with services provided by the government and community resources.
(3) The minister may require that the authority modify a proposed plan referred to in subsection (1) in order to obtain the minister's approval under that subsection.
Duty to consult
13 Subject to the regulations, the authority must, wherever reasonable and appropriate, consult and collaborate with the minister, other ministries and any other person specified by the minister respecting the development of a service plan and other matters of mutual interest in relation to the provision of community living support.
Division 4 -- Officers and Employees
Chief executive officer
14 The board must appoint a person as the chief executive officer of the authority and determine the remuneration and other terms and conditions of employment for the chief executive officer.
Officers and employees
15 (1) The chief executive officer of the authority may employ or retain the other officers and employees necessary to carry on the business and operations of the authority and the board, and may define their duties and determine their remuneration.
(2) The chief executive officer and the other officers and employees must perform their functions and duties in accordance with any policies and guidelines established by the board.
(3) The Public Service Act and the Public Service Labour Relations Act do not apply to the authority or to an agency that contracts with the authority.
Part 3 -- Financial Requirements
Financial requirements
16 (1) If required by the minister or the Minister of Finance, the authority must submit financial reports and statements in the form with the information and at the time that either minister requests.
(2) The Minister of Finance may direct the Comptroller General to examine, and report to Treasury Board on, any or all of the financial and accounting operations of the authority.
(3) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the authority, the authority must appoint an auditor to audit the accounts of the authority at least once each year.
(4) The authority must prepare financial statements in accordance with generally accepted accounting principles used in Canada.
(5) If the authority has unearned revenue but has not fully implemented that portion of its service plan related to the unearned revenue, the minister, at the end of the fiscal year, may direct the authority to
(a) spend some or all of the unearned revenue to fully implement its service plan, or
(b) repay some or all of the unearned revenue to the government.
(6) The authority must apply any surplus to carrying out the purposes of the authority.
(7) The Financial Information Act applies to the authority.
Grants instead of taxes
17 Subject to the approval of the Lieutenant Governor in Council, the authority may in any year pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.
Part 4 -- Minister's Powers and Duties
Minister's powers
18 (1) The minister may
(a) prescribe Provincial standards for the provision of community living support and administrative services in British Columbia,
(b) monitor the authority and assess the ability of the authority, and of the board, to exercise its powers and perform its functions and duties under this Act,
(c) establish processes to assess performance respecting the powers, functions and duties of the authority, and of the board, under this Act, and
(d) provide information and assistance to the authority.
(2) The minister must consult with the interim authority or the authority before making a regulation under subsection (1) (a).
Minister's representative
19 (1) The minister may appoint one or more persons as the minister's representative for the purposes of ensuring compliance with this Act.
(2) A minister's representative, at any reasonable time and on presentation of identification, may
(a) enter and inspect any office or facility owned or operated by the authority, and
(b) require the authority to produce a record or other thing that is related to its activities and is in its custody or under its control.
(3) The authority and its officers and employees must give the minister's representative
(a) all reasonable assistance to enable the representative to exercise his or her powers and perform his or her functions and duties, and
(b) any information that the representative may reasonably require to exercise his or her powers and perform his or her functions and duties.
(4) The minister's representative must report to the minister anything indicating
(a) that the authority has contravened or is contravening this Act,
(b) that the authority is, or is likely to be, in financial difficulty, or
(c) uncertainty as to whether the authority is, or is likely to be, able to exercise its powers and perform its functions and duties under this Act.
Appointment of special advisor
20 (1) The minister may
(a) appoint a special advisor for the authority to assist the board with anything related to the provision of community living support or administrative services, including financial matters, and
(b) specify the duties and remuneration of the special advisor.
(2) With the approval of the minister, the special advisor may engage specialists and consultants.
(3) The special advisor and any specialists and consultants must be paid out of the funds of the authority.
(4) The special advisor may attend and participate in any meeting of the board or other meeting involving the authority, the chief executive officer or other officers or employees in exercising his or her powers or performing his or her functions or duties.
(5) Section 19 (2) and (3) apply for the purposes of this section.
(6) The special advisor must
(a) submit a report to the minister in respect of anything resulting from performing his or her functions and duties under this section, and
(b) indicate in the report the extent to which the board agrees with the report.
(7) The minister may direct the board respecting anything contained in the report of the special advisor.
(8) The board must comply with any direction of the minister under subsection (7).
Part 5 -- General Provisions
Liability
21 (1) Subject to subsections (2) and (3), no action for damages lies or may be brought against a director or the chief executive officer or any other officer or employee of the authority because of anything done or omitted to be done
(a) in the exercise or intended exercise of any power under this Act, or
(b) in the performance or intended performance of any function or duty under this Act.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.
(3) Subsection (1) does not absolve the authority from vicarious liability arising out of an act or omission by a person referred to in that subsection for which the authority would be vicariously liable if this section were not in force.
Appointment of public administrator
22 (1) The Lieutenant Governor in Council may
(a) appoint a public administrator to exercise the powers and perform the functions and duties of the board under this Act if the Lieutenant Governor in Council considers this to be necessary in the public interest, and
(b) specify terms and conditions of the appointment.
(2) Despite any other provision of this Act, on the appointment of a public administrator, the directors cease to hold office.
(3) Subject to subsection (1), the public administrator has the powers, functions and duties of the authority and of the board.
(4) The public administrator must be paid out of the funds of the authority.
(5) The Lieutenant Governor in Council may
(a) remove the public administrator of the authority, and
(b) order that a board be appointed in accordance with section 5.
Transfer of records
23 (1) Despite the Document Disposal Act and subject to the regulations,
(a) the minister, in writing, may transfer records to the authority, and
(b) the authority, in writing, may transfer records to the minister.
(2) On the effective date of a transfer under subsection (1), the records cease to be the records of the transferor and become the records of the transferee.
(3) Records may be identified by name, class or description in a transfer under subsection (1).
Transfer of assets and liabilities
24 (1) The Lieutenant Governor in Council, by regulation, may authorize the transfer of assets and liabilities of the government to the authority, subject to terms and conditions set out in the regulation.
(2) On the date that a transfer authorized under subsection (1) takes effect,
(a) the asset or liability transferred ceases to be the asset or liability of the government and becomes the asset or liability of the authority, and
(b) the government is released from any liability so transferred.
(3) A regulation made under subsection (1) may identify assets and liabilities by name, class or description.
(4) The Minister of Finance may make payments out of the consolidated revenue fund for the purpose of subsection (1).
(5) Any payments made by the Minister of Finance under subsection (4) must be attributed to, and must not exceed the amount available in, the voted appropriation of the minister responsible for the assets transferred.
Transfer of facilities
25 (1) In this section, "Provincial body" means a facility or service related to the provision of community living support that is owned by the government.
(2) The Lieutenant Governor in Council, by regulation, may authorize the transfer of a Provincial body, including land and other property of the government or Provincial body used or occupied by the Provincial body and specified in the order, to the authority and may specify in the order the conditions for the transfer of the land and other property to the authority.
Transfer of agreements
26 (1) The government, in writing, may assign to the authority any agreement entered into by the government that relates to the provision of community living support or administrative services.
(2) On the effective date of an assignment under subsection (1), all rights and obligations of the government under the agreement cease to be the rights and obligations of the government and become the rights and obligations of the authority.
(3) A reference to the government in an agreement assigned under subsection (1) is deemed to be a reference to the authority.
Application of other Acts
27 (1) Subject to subsection (2), the Business Corporations Act does not apply to the authority.
(2) The Lieutenant Governor in Council, by regulation, may declare that provisions of the Business Corporations Act or the Society Act apply to the authority.
(3) For the purposes of the Document Disposal Act, the authority is a ministerial office.
Offence Act
28 Section 5 of the Offence Act does not apply to this Act or the regulations made under this Act.
Power to make regulations
29 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing additional persons for the purposes of paragraph (d) of the definition of "community living support" in section 1;
(b) prescribing additional criteria for the purpose of paragraph (c) of the definition of "developmental disability" in section 1;
(c) prescribing additional duties of the authority under section 11;
(d) respecting a policy under section 8 (3) or any matter relating to conflicts of interest, whether actual or potential, by a director, the chief executive officer, or another officer or employee;
(e) establishing the authority for, or requirements or standards relating to the collection, use, disclosure, custody, control or ownership of, or access to, information by the minister, the authority, service providers or persons who are in receipt of funding under this Act;
(f) respecting a common client information system among the minister, the authority and service providers, or any of them;
(g) defining, for the purposes of this Act and the regulations, words or expressions used but not defined in this Act.
(3) The minister may make regulations as follows:
(a) prescribing the form and content of and process for an annual report under section 11 (e) or a proposed plan under section 12 (1);
(b) for the purposes of section 13, respecting consultation and collaboration and the making of agreements;
(c) establishing a process to determine whether the authority is meeting and continues to meet the Provincial standards set by the minister under section 18 (1) (a);
(d) respecting the transfer of records to or from the authority under section 23.
(4) A regulation made by the Lieutenant Governor in Council or the minister under this Act may provide differently for
(a) different persons or classes of persons, and
(b) different regions of British Columbia.
Part 6 -- Transitional Provisions
Transitional -- donations
30 Upon receipt of a donation transferred from an interim authority under section 12 (6) (b) of the Community Services Interim Authorities Act, the authority must
(a) use the donation for the purposes referred to in section 12 (2) of that Act, and
(b) comply with conditions imposed by a donor on the donation to the interim authority under section 12 (7) (b) of that Act.
Transitional -- regulations
31 The Lieutenant Governor in Council may make regulations as follows:
(a) facilitating the transfer of powers, functions and duties from the government to the authority, or from an interim authority to the authority;
(b) respecting any matters considered necessary or advisable to more effectively bring into operation the provisions of this Act and to obviate any transitional difficulties encountered.
Repeal of Part
32 This Part is repealed 3 years after it comes into force.
Part 7 -- Consequential and Related Amendments
Adoption Act
33 Section 1 of the Adoption Act, R.S.B.C. 1996, c. 5, is amended
(a) by repealing the definition of "director" and substituting the following:
"director" means a person designated as a director of adoption under section 76.1 (1) (a) and the Provincial director; ,
(b) by adding the following definition:
"Provincial director" means the person designated as the Provincial director under section 76.1 (1) (b); , and
(c) in the definitions of "extra-provincial agency" and "post-replacement report" by striking out "the director" and substituting "a director".
34 Sections 4, 6 (1), 7, 8, 9, 12, 17, 19 (1) (b), 24 (2), 31 (1), 33 (1), 34, 35, 39 (1), 43, 48, 68, 70 (1), 73, 80, 85 and 91 (2) (d) and (n) to (p) are amended by striking out "the director" wherever it appears and in each case substituting "a director".
35 Sections 6 (2), 33 (2), 61, 62 (1) and (2), 70 (1) and 72 (1) are amended by striking out "The director" and substituting "A director".
36 Section 18 is amended
(a) in subsection (1) by striking out "Before the director" and substituting "Before a director",
(b) by repealing subsection (1) (b) and substituting the following:
(b) is received by a director or an adoption agency before the child is placed with prospective adoptive parents by the director or the adoption agency responsible for the child. ,
(c) by adding the following subsection:
(1.1) A director or an adoption agency who receives a written revocation referred to in subsection (1) must immediately or as soon as practicable provide the written revocation to the director or the adoption agency responsible for the child. , and
(d) in subsections (2) and (3) by adding "responsible for the child" after "agency".
37 Section 19 is amended
(a) by adding the following subsection:
(1.1) A director or an adoption agency who receives a written revocation referred to in subsection (1) must immediately or as soon as practicable provide the written revocation to the director or the adoption agency responsible for the child. , and
(b) in subsection (2) by adding "responsible for the child" after "agency".
38 Section 23 is amended by striking out "custody to the director" and substituting "custody to a director".
39 Section 24 (1) is amended by striking out "requested the director" and substituting "requested a director".
40 Section 25 is amended by striking out "If the director" and substituting "If a director".
41 Section 31 (2) is amended by adding "or the adoption agency" after "director".
42 Section 45 (1) (b) is amended by striking out "if the director" and substituting "if a director".
43 Sections 52 to 54, 56, 57, 60, 69, 71, 78, 91 (2) (m) and 92 (1) (e) and (g) are amended by striking out "director" wherever it appears and substituting "Provincial director".
44 Sections 56 and 77 (3) are amended by striking out "director's" and substituting "Provincial director's".
45 Section 62 (3) is amended by striking out "The director" and substituting "In exercising his or her power under subsection (2), the director".
46 Section 67 (a) is amended by striking out "that director," and substituting "the chief executive officer,".
47 Section 70 is amended
(a) in subsection (2) by striking out "to which the director" and substituting "to which a director",
(b) in subsection (3) by adding "the Freedom of Information and Protection of Privacy Act or" before "any other enactment.", and
(c) by repealing subsection (4) and substituting the following:
(4) If requested by a director, a CFCSA director must disclose to the director any information that
(a) is obtained under that Act, and
(b) is necessary to enable the director or an adoption agency to exercise the powers or perform the duties or functions given to them under Parts 2, 3 and 4 and sections 61 and 62 of this Act.
(5) In subsection (4), "CFCSA director" means a director designated under section 91 of the Child, Family and Community Service Act.
48 The following section is added:
Director's authority to collect information
70.1 A director may collect from a person any information that is necessary to enable the director to exercise his or her powers or perform his or her duties or functions under this Act.
49 Section 71 (6) is amended by striking out "birth certificate" and substituting "death certificate".
50 Section 72 (1) is amended by striking out "by the director under" and substituting "by a director under".
51 Section 73 is amended by striking out "70" and substituting "70, 70.1".
52 Section 75 is repealed and the following substituted:
Transfer of care, custody and guardianship
75 (1) Subject to an agreement under section 77.1, a director, in writing, may transfer care and custody of a child or guardianship of a child
(a) to the administrator of an adoption agency, or
(b) to another director,
with the consent of the administrator or the receiving director, as the case may be.
(2) Subject to an agreement under section 77.1, the administrator of an adoption agency may, in writing, transfer care and custody of a child or guardianship of a child
(a) to a director, or
(b) to the administrator of another adoption agency
with the consent of the director or the receiving administrator, as the case may be.
53 Section 76 (c) is repealed and the following substituted:
(c) Community Living British Columbia established under the Community Living Authority Act;
(d) any other person or persons.
54 The following section is added:
Designation of directors
76.1 (1) The minister may designate
(a) one or more persons as a director of adoption for the purposes of this Act, and
(b) a person as the Provincial director
(i) to exercise the powers and perform the duties and functions of the Provincial director that are specifically set out in this Act, and
(ii) to exercise any of the powers of a director designated under paragraph (a).
(2) A designation under subsection (1) must be in writing and may include any terms or conditions the minister considers advisable.
(3) A director and the Provincial director have jurisdiction throughout British Columbia in the exercise of the powers and in the performance of the duties and functions conferred on them under this Act.
55 Section 77 (1) is amended by striking out "the director may delegate" and substituting "a director may delegate".
56 The following section is added:
Agreements between directors
77.1 A director may make agreements with other directors.
57 Section 80 (a) is repealed and the following substituted:
(a) provide financial assistance or other assistance to a person who
(i) proposes to adopt or who adopts a child placed for adoption by a director, or
(ii) is a guardian under the Family Relations Act or the Infants Act, of a child who was adopted under this Act, and .
58 Section 90 is amended by striking out "the director's" and substituting "a director's".
59 Section 91 (2) is amended by adding the following paragraph:
(a.1) defining, for the purposes of this Act and the regulations, words or expressions used but not defined in this Act, .
Child, Family and Community Service Act
60 Section 1 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended
(a) in the definition of "child in care" by striking out "the director of adoption;" and substituting "a director of adoption;", and
(b) by repealing the definition of "director of adoption" and substituting the following:
"director of adoption" means a person designated by the minister under the Adoption Act as a director of adoption; .
61 Section 3 (d) is amended by striking out "other ministries and community agencies;" and substituting "government ministries, community agencies and Community Living British Columbia established under the Community Living Authority Act;".
62 Section 6 (7) is amended by striking out "The agreement may be renewed, but the total duration of the agreement and all renewals" and substituting "The agreement may be renewed but the total duration of all consecutive agreements with all directors, and all renewals to all agreements, relating to the same child".
63 The heading to Part 2.1 is repealed and the following substituted:
Part 2.1 -- Youth Transitional Support Services
and Agreements .
64 Sections 12.2 (7) and (8), 12.3, 17 (1) (b) (i), 27 (3), 45, 61 (2), 79, 98 (1), 106, 107 and 108 are amended by striking out "the director" wherever it appears and substituting "a director".
65 Section 12.3 (3) is repealed and the following substituted:
(3) The agreement may be renewed or, after an interval, another agreement under this section may be made, but, whether one or more agreements are made,
(a) the total of the terms of all agreements with all directors, and all renewals to all agreements, relating to the same person must not exceed 24 months, and
(b) no agreement may extend beyond the person's 24th birthday.
66 Section 16 is amended
(a) by repealing subsection (1) and substituting the following:
(1) On receiving a report about a child under section 14, 15 or 27, a director must determine whether to refer the report to another director.
(1.1) If, under subsection (1), the director makes a determination to refer the report to another director,
(a) he or she must refer the report promptly, and
(b) the other director must assess the information in the report.
(1.2) If the director does not refer the report to another director, he or she must assess the information in the report. , and
(b) in subsection (2) (a) by adding "and agreements" after "services".
67 Section 17 (1) (b) (ii) is amended by striking out "to provide the director" and substituting "to provide a director".
68 Section 21 (4) (b) is repealed and the following substituted:
(b) if the total period of all consecutive plans of care with all directors relating to the same child, including all extensions, is not more than 18 months.
69 Sections 23, 32, 34, 39 (1), 48 (1), 58, 71 and 98 (6) and (6.1) are amended by striking out "a director" wherever it appears and substituting "the director".
70 Section 24 is amended
(a) in subsection (1) (d) by adding "or for the safety of a person other than a child," after "a child's safety", and
(b) by repealing subsection (2) and substituting the following:
(2) This section applies despite section 79 of this Act and despite any provision, other than section 44 (2) and (3), of the Freedom of Information and Protection of Privacy Act.
(3) Subsection (2) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for at least 100 years or to other information that has been in existence for at least 50 years.
71 Sections 29 (5), 33 (1.1), 36 (3) (a), 42.1 (3) and (6), 42.2 (3), (4) (a) (i) and (5), 44, 79 and 93 are amended by striking out "the director's" and substituting "a director's".
72 Section 30 (4) is amended by striking out "The director's" and substituting "A director's".
73 Section 36 is amended
(a) in subsection (1) (b) by striking out "the director is required" and substituting "a director is required", and
(b) in subsection (3) (b) (i) by striking out "child under the director's supervision" and substituting "child under a director's supervision".
74 Section 38 (1) is amended by adding the following paragraph:
(d.2) on a person who has an interim order for custody of the child under section 35 (2) (d); .
75 Section 39 is amended
(a) in subsection (1) by adding the following paragraph:
(e) a person who has an interim order for custody of the child under section 35 (2) (d). ,
(b) by repealing subsection (2) and substituting the following:
(2) If a person referred to in subsection (1) (a), (b), (c) or (d) appears at the commencement of a protection hearing or a person becomes a party under subsection (4), that person is entitled
(a) to notice of a hearing under section 42.2, 44, 46, 49, 55, 57 or 58 relating to the child, and
(b) to be a party at the hearing if the person appears. , and
(c) in subsection (3) (a) by striking out "46, 55" and substituting "46, 49, 55".
76 Section 41 (1) (a) is amended by adding "apparently entitled to custody" after "parent".
77 Sections 41 (1) (b), 44 (4) and 97 (1) (b) are amended by striking out "the parent" and substituting "a parent".
78 Section 42 (1) (b) is amended by striking out "the director is required" and substituting "a director is required".
79 Section 54 (1) is amended
(a) in subsection (1) by adding "a director or" before "a party", and
(b) in subsection (2) by striking out "granted" and substituting "made".
80 Section 54.1 is amended
(a) in subsection (1) by striking out "A director" and substituting "Subject to subsection (1.1), a director", and
(b) by adding the following subsection:
(1.1) An application under subsection (1) must not be made unless
(a) the continuing custody order was made by consent,
(b) the time limit under section 81 (2) in relation to the continuing custody order has expired and no extension under section 81 (8) has been granted, or
(c) all appeals related to the continuing custody order have been heard and the continuing custody order has been upheld.
81 Section 60 is amended
(a) in subsection (1) by adding "other than a transfer of custody under section 54.1, but" before "including",
(b) in subsection (6) by adding "and subject to subsection (7)" after "subsection (1)" and by adding ", including a transfer of custody under section 54.1" after "Act", and
(c) by adding the following subsection:
(7) An order under subsection (6) to transfer custody under section 54.1 must not be made unless
(a) the continuing custody order was made by consent,
(b) the time limit under section 81 (2) in relation to the continuing custody order has expired and no extension under section 81 (8) has been granted, or
(c) all appeals related to the continuing custody order have been heard and the continuing custody order has been upheld.
82 Section 70 (1) (o) is repealed and the following substituted:
(o) to be informed of their rights, and the procedures available for enforcing their rights, under
(i) this Act, or
(ii) the Freedom of Information and Protection of Privacy Act.
83 The heading to Part 5 and sections 73 to 77 are repealed and the following substituted:
Part 5 -- Freedom of Information and Protection of Privacy
Definition
73 In this Part, "record" means a record as defined in the Freedom of Information and Protection of Privacy Act that is made under this Act and is in the custody or control of a director.
Freedom of Information and Protection of Privacy Act
74 (1) Sections 74 to 79 apply despite the Freedom of Information and Protection of Privacy Act.
(2) For the purpose of its application to this Act, the Freedom of Information and Protection of Privacy Act is deemed to be modified as follows:
(a) a reference to "head" includes, with respect to a record, the director who has custody or control;
(b) a reference to "public body", where a power, function or duty is not conferred on the head of the same public body, includes, with respect to a record, the director who has custody or control;
(c) the authority for a public body to collect personal information indirectly under section 27 (1) (b) includes the authority to collect personal information indirectly when the information may be disclosed to the public body under section 79 of this Act;
(d) the authority for a public body to use personal information under section 32 (c) includes the authority to use personal information for a purpose for which that information may be disclosed to the public body under section 79 of this Act;
(e) section 33, except paragraphs (a), (b), (m) and (r) of that section, does not apply to a director;
(f) the powers of the commissioner apply to the exercise of a director's powers, duties and functions under the Freedom of Information and Protection of Privacy Act, subject to this section.
Disclosure of information restricted
75 A person must not disclose information obtained under this Act, except in accordance with
(a) section 24, or
(b) the Freedom of Information and Protection of Privacy Act subject to section 74.
Who can act for a child
76 (1) A person, other than a director, who has legal care of a child under 12 years of age may, on behalf of the child, exercise the child's rights under the Freedom of Information and Protection of Privacy Act
(a) to be given access to information about the child in a record,
(b) to consent to the disclosure of that information, and
(c) to request the correction of that information.
(2) A person, other than a director, who has legal care of a child 12 years of age or older may, on behalf of the child, exercise the child's rights under the Freedom of Information and Protection of Privacy Act
(a) to be given access to information about the child in a record,
(b) to consent to the disclosure of that information, and
(c) to request correction of that information
if the child is incapable of exercising those rights.
Exceptions to access rights
77 (1) A director must refuse to disclose information in a record to a person who has a right of access to the record under the Freedom of Information and Protection of Privacy Act if the disclosure could reasonably be expected to reveal the identity of a person who has made a report under section 14 of this Act and who has not consented to the disclosure.
(2) A director may refuse to disclose information in a record to a person who has a right of access to the record under the Freedom of Information and Protection of Privacy Act if
(a) the disclosure could reasonably be expected to jeopardize an investigation under section 16 or a criminal investigation that is under way or contemplated, or
(b) the information was supplied in confidence, during an investigation under section 16, by a person who was not acting on behalf of or under the direction of a director.
84 Section 78 is repealed.
85 Section 79 is amended
(a) by adding the following paragraph:
(h.1) made to another director, , and
(b) by adding "or" at the end of paragraph (j), by striking out "or" at the end of paragraph (k) and by repealing paragraph (l).
86 Sections 80 and 89 are repealed.
87 Section 90 is amended by adding the following paragraph:
(b.1) Community Living British Columbia established under the Community Living Authority Act; .
88 Section 91 is repealed and the following substituted:
Designation of directors
91 (1) Subject to the regulations, the minister may designate one or more persons as directors for the purposes of
(a) one or more of Parts 1 to 9 of this Act, or
(b) a provision of another Act that contains a reference to a director under this Act.
(2) A designation under subsection (1) must be in writing and may include any terms or conditions the minister considers advisable.
(3) A director referred to in subsection (1) has jurisdiction throughout British Columbia in the exercise of the powers and the performance of the duties and functions conferred on a director under this Act.
(4) A reference to "a director" or "the director" in an order made under this Act or under the Family Relations Act authorizes any director to fulfill the powers, duties and functions referred to in the order as the circumstances require, but does not result in a transfer under section 95.1 of this Act.
89 Section 93 (1) (g) is amended by striking out "and" at the end of subparagraph (iv), by adding "and" at the end of subparagraph (v) and by adding the following subparagraph:
(vi) with other directors; .
90 The following section is added:
Transfer to another director
95.1 (1) Despite any provision of this Act, and subject to the regulations and to an agreement, a director may transfer to another director, with the consent of that director,
(a) supervision, care, custody or guardianship of a child, or
(b) any other right, power, duty, responsibility or function under this Act.
(2) If a transfer occurs under subsection (1),
(a) the other director has the same rights, powers, duties, responsibilities and functions as the director who made the transfer, and
(b) the director who made the transfer ceases to have the rights, powers, duties, responsibilities and functions that the director transferred.
(3) If a transfer occurs under subsection (1), a reference to "the director" in any provision of this Act or in any subsisting order made under this Act or under the Family Relations Act is deemed to be a reference to the director who receives the transfer.
91 Section 96 is amended
(a) in subsection (1) (b) by striking out "the duties" and substituting "his or her duties",
(b) by adding the following subsection:
(2.1) A director may collect from a person any information that is necessary to enable the director to exercise his or her powers or perform his or her duties or functions under this Act. , and
(c) in subsection (3) by adding "the Freedom of Information and Protection of Privacy Act or" after "despite".
92 The following section is added to Part 7:
Transfer of director's records
96.1 (1) Despite the Document Disposal Act and subject to the regulations, a director, in writing, may transfer records to another director.
(2) On the effective date of a transfer under subsection (1), the records are transferred to and become the records of the other director.
(3) Records may be identified by name, class or description in a transfer under subsection (1).
93 Section 97 (1) (b) is amended by adding "an interim order or" after "under".
94 Section 103 (2) is amended
(a) by repealing paragraphs (m), (n) and (o), and
(b) by adding the following paragraphs:
(v) respecting a transfer made under section 95.1;
(w) respecting a transfer of records under section 96.1.
Community Services Interim Authorities Act
95 The Community Services Interim Authorities Act, S.B.C. 2002, c. 58, is amended by adding the following section:
Abolishing interim authorities
14.1 (1) The minister, by regulation, may abolish an interim authority and direct the disposition of all assets and liabilities of the interim authority, subject to terms and conditions set out in the regulation, having regard to the rights of creditors.
(2) On the date that a disposition authorized by a regulation made under subsection (1) takes effect, any asset or liability identified in the regulation ceases to be the asset or liability of the interim authority and becomes the asset or liability of the transferee.
(3) A regulation made under subsection (1) may identify assets and liabilities by name, class or description.
(4) For the purposes of subsections (1) to (3), and despite the Document Disposal Act, assets may include records.
Community Services Labour Relations Act
96 Section 1 of the Community Services Labour Relations Act, S.B.C. 2003, c. 27, is amended
(a) in the definition of "agency" by adding ", but does not include the authority" after "services", and
(b) by adding the following definition:
"authority" means Community Living British Columbia established under the Community Living Authority Act; .
97 Section 2 is amended
(a) by repealing subsection (1) and substituting the following:
(1) CSSEA is deemed to be the accredited bargaining agent for
(a) agencies that are members of CSSEA, and
(b) the authority
whose employees are represented by a trade union. , and
(b) in subsection (2) by adding "and the authority" after "agencies".
98 Section 3 (1) is amended by adding the following paragraph:
(d) the authority.
99 Section 5 (1) is amended by striking out "the bargaining unit" and substituting "the bargaining units established under section 3".
100 Section 6 is repealed and the following substituted:
Volunteers and family home providers
6 A collective agreement must not contain any provision that directly or indirectly
(a) prevents an agency or the authority from using volunteers, if the use of volunteers does not result in the layoff of an employee, or
(b) limits the government, an agency or the authority from entering into a contract with a family home provider.
101 Section 7 is amended
(a) in subsection (1) by adding "or the authority" after "government" in both places,
(b) by repealing subsection (2) and substituting the following:
(2) An arbitrator or the Labour Relations Board must not declare a person who
(a) provides services under a contract between the government and an agency or between the authority and an agency, or
(b) is an employee of an agency
to be an employee of the government or of the authority unless the government or the authority intended that person to be fully integrated into the operations of, and working under the direct supervision or control of, the government or the authority. ,
(c) by repealing subsection (4) and substituting the following:
(4) The minister may withhold or reduce
(a) a grant, other than a debt service grant,
(b) an amount payable to an agency under a contract with the government or the authority, or
(c) an amount payable to the authority under a contract with the government
if the operating expenses of an agency or the authority, as the case may be, have been reduced during a strike or lockout as defined in the Code. , and
(d) in subsection (5) by adding "or the authority" after "agency".
102 Section 8 (1) is amended by striking out "government and an agency" and substituting "government, an agency and the authority".
Evidence Act
103 Section 61 (1) (a) of the Evidence Act, R.S.B.C. 1996, c. 124, is repealed and the following substituted:
(a) for the Adoption Act, each person to whom a director of adoption under that Act has delegated powers or duties, except an administrator as defined in section 1 of that Act; .
Freedom of Information and Protection of Privacy Act
104 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended
(a) in the definition of "local public body" by adding the following:
(b.1) a social services body, , and
(b) by adding the following definition:
"social services body" means Community Living British Columbia established under the Community Living Authority Act; .
Human Resource Facility Act
105 Section 1 of the Human Resource Facility Act, R.S.B.C. 1996, c. 209, is amended by renumbering the section as section 1.1 and by adding "by means of a human resource facility agreement" after "facilities".
106 The following section is added:
Definitions
1 For the purposes of this Act:
"assistance" includes a grant, loan, guarantee or indemnity and includes assistance under section 1.1 or 2;
"authority" means an authority established under the Community Living Authority Act;
"human resource facility" means land and improvements, all or part of which provide or are intended to provide any of the services referred to in section 1.1, and includes land and improvements designated as a human resource facility;
"human resource facility agreement" means an agreement made by the minister or any agent of the government with a person who has received or is to receive assistance to acquire, develop or operate a human resource facility;
"human resource purposes" means the purposes listed in section 1.1.
107 Section 2 is amended by striking out "section 1" and substituting "section 1.1".
108 Section 2.1 is amended
(a) by repealing subsection (1), and
(b) in subsection (3) by striking out "may" and substituting "must".
109 The following sections are added:
Duty to file agreements
2.2 A copy of each human resource facility agreement under section 2.1 entered into by the minister or an authority must be filed at a central office location designated by the minister.
Minister's power to delegate
2.3 The minister, subject to any terms or conditions the minister considers advisable, may delegate any or all of his or her powers, duties and functions under this Act to an authority.
Transfer of agreements
2.4 (1) The minister, in writing, may transfer to an authority any existing human resource facility agreement.
(2) On the effective date of a transfer under subsection (1), all rights and obligations of the minister under the agreement cease to be the rights and obligations of the minister and become the rights and obligations of the authority.
(3) A reference to the minister in an agreement transferred is deemed to be a reference to the authority.
(4) If a transfer is made under subsection (1), the minister must give written notice of the transfer to the registrar.
Office for Children and Youth Act
110 Section 3 (1) of the Office for Children and Youth Act, S.B.C. 2002, c. 50, is amended by adding the following paragraph:
(g) community living support provided under the Community Living Authority Act to children and youth.
Commencement
111 This Act comes into force by regulation of the Lieutenant Governor in Council.