BILL 24 – 2023
MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2023

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

Part 1 – Children and Family Development Amendments

Child, Family and Community Service Act

1 Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is amended by adding the following definition:

"specified adult" means a person 19 years of age or over for whom any of the following services were provided while the person was a child:

(a) services under this Act;

(b) Indigenous child and family services; .

2 Section 3 is amended by adding the following paragraph:

(f) services for specified adults should be planned and provided

(i) using an approach that is strengths-based, trauma-informed and led by the specified adult and, in the case of an Indigenous specified adult, supports cultural continuity and a connection to the land, and

(ii) in a way that recognizes the importance of housing, mental health and lived experience and makes all reasonable efforts to connect specified adults to services.

3 Part 2.1 is amended

(a) by adding the following heading before section 12.1:

Division 1 – Youth Support Services and Agreements , and

(b) by adding the following heading before section 12.3:

Division 2 – Adult Support Services and Agreements .

4 Section 12.3 is repealed and the following substituted:

Agreements with specified adults

12.3 (1) Subject to the regulations, a director may make a written agreement with a specified adult.

(2) The agreement may provide for one or more of the following:

(a) financial assistance that the specified adult may use for any purpose;

(b) support services or financial assistance, or both, to assist the specified adult

(i) to secure housing and remain housed,

(ii) to participate in a program or activity that is prescribed by regulation, or

(iii) to meet other needs while receiving services or assistance described in subparagraph (i) or (ii).

5 The following section is added to Division 2 of Part 2.1:

Agreements for the benefit of specified adults

12.4 (1) Subject to the regulations, a director may, for the benefit of a specified adult who needs assistance to secure appropriate housing or remain housed, make a written agreement with a person who

(a) provided residential services for the specified adult while the specified adult was a child, and

(b) agrees to provide housing for the specified adult.

(2) The agreement

(a) may provide for payments to be made to the person described in subsection (1) in relation to the provision of housing for the specified adult, and

(b) must provide that the director may terminate the agreement if the director considers that the specified adult no longer needs assistance to secure appropriate housing and remain housed.

6 Section 103 (2) is amended

(a) in paragraph (c) by striking out "agreements under sections 12.2 and 12.3" and substituting "agreements under section 12.2, 12.3 or 12.4",

(b) in paragraph (c.1) by striking out "agreements under section 12.3" and substituting "agreements under section 12.3 or 12.4", and

(c) by adding the following paragraph:

(c.2) prescribing programs, activities or classes of programs or activities for the purposes of section 12.3 (2) (b) (ii); .

Part 2 – Finance Amendments

Societies Act

7 Section 31 of the Societies Act, S.B.C. 2015, c. 18, is amended

(a) in paragraph (b) (i) and (iii) by striking out "3rd day" and substituting "third day", and

(b) in paragraph (b) (ii) by striking out "5th day" and substituting "fifth day".

8 Section 229.2 (1) of the Societies Act, as enacted by section 62 of the Societies Amendment Act, 2021, S.B.C. 2021, c. 24, is amended

(a) by adding the following definition:

"student" means,

(a) in relation to a university, a person who is presently enrolled at the university in a credit course or who is designated by resolution of the senate as a student, and

(b) in relation to an institution, a person the registrar recognizes to be enrolled and in good standing in a course or program of studies at the institution; ,

(b) by repealing paragraph (b) of the definition of "student society" and substituting the following:

(b) in relation to a university, a society, as defined in section 1 of this Act, whose purpose is to represent the interests of the general undergraduate or graduate student body, or both, but does not include a provincial or national student organization; , and

(c) by repealing the definition of "university" and substituting the following:

"university" means any of the following:

(a) a university as defined in the University Act;

(b) Royal Roads University;

(c) Thompson Rivers University.

Part 3 – Health Amendments

Human Tissue Gift Act

9 Sections 6 and 7 (2) of the Human Tissue Gift Act, R.S.B.C. 1996, c. 211, are amended by striking out "post mortem transplant" and substituting "post-mortem transplant".

10 Section 7 is amended

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

(1) For a post-mortem transplant, the fact of death must be determined as follows:

(a) subject to paragraph (b), by at least 2 persons, each of whom must be a medical practitioner or nurse practitioner;

(b) if death is determined using neurological criteria, by at least 2 medical practitioners. ,

(b) in subsection (2) by adding "or nurse practitioner" after "medical practitioner" and by adding "or nurse practitioner's" after "medical practitioner's", and

(c) in subsection (3) by adding "or nurse practitioner" after "medical practitioner".

Part 4 – Housing Amendments

Strata Property Act

11 Section 123.1 (1) of the Strata Property Act, S.B.C. 1998, c. 43, is repealed and the following substituted:

(1) Except as permitted by subsection (2), a bylaw must not restrict the age of persons who may reside in a strata lot.

Part 5 – Labour Amendments

Employment Standards Act

12 Section 3 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended

(a) by adding the following subsection:

(2.1) Despite subsection (2), any provisions of a collective agreement respecting statutory holidays only replace the requirements of Part 5 of this Act as that Part applies to statutory holidays other than the National Day for Truth and Reconciliation. , and

(b) in subsection (6) by adding the following to the list:

section 3 (2.1) [collective agreement does not replace Part 5 in relation to National Day for Truth and Reconciliation];

Part 5 [Statutory Holidays], as that Part applies to the National Day for Truth and Reconciliation; .

Part 6 – Municipal Affairs Amendments

Vancouver Charter

13 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definition:

"fee" includes a fee by any name, including a charge; .

14 Section 161A (a) is repealed and the following substituted:

(a) establish and impose a fee for a permit; .

15 Section 193D (3) (g) is amended by striking out "establish application fees" and substituting "establish and impose application fees".

16 Section 196A (3) and (4) is repealed and the following substituted:

(3) On payment of the applicable fee, a person may obtain from the City Clerk copies or excerpts, as requested, of a report under subsection (1).

17 The following sections are added:

City fees

199.01 (1) The Council may, by by-law, establish and impose a fee payable in respect of

(a) all or part of a service of the city,

(b) the use of city property, or

(c) the exercise of authority to regulate or impose requirements.

(2) Without limiting subsection (1), a by-law under this section may do one or more of the following:

(a) apply outside the city, if the by-law is in relation to an authority that may be exercised outside the city;

(b) base the fee on any factor specified in the by-law and establish different rates or levels of fees in relation to different factors;

(c) establish fees for obtaining copies of records that are available for public inspection;

(d) establish terms and conditions for payment of a fee, including discounts, interest and penalties;

(e) provide for the refund of a fee.

(3) For the purposes of a by-law under subsection (2) (b), the by-law may make different provisions for different areas, times, conditions or circumstances as described by by-law.

(4) As exceptions but subject to subsection (5), the Council may not establish or impose a fee under this section 

(a) in relation to Part I [Electors and Elections] or II [Assent Voting], or

(b) in relation to any other matter for which this or another Act specifically authorizes the establishment or imposition of a fee.

(5) The Council may establish and impose a fee referred to in section 59 (3) [fees for providing disclosure records] of the Local Elections Campaign Financing Act under either that section or this section.

(6) The city must make available to the public, on request, a report respecting how a fee established and imposed under this section was determined.

(7) The Council may not establish or impose a toll on the use of streets unless specifically provided by a Provincial or federal enactment.

City fees – specific

199.02 (1) Subject to subsection (2), if a provision in this Act specifically authorizes the establishment and imposition of a fee, the Council may do in the by-law anything described in section 199.01 (2) and (3).

(2) Subsection (1) does not apply to by-laws made under sections 292 (1) (h) or (i), 300.1, 302, 565 (i), 565A (f) and 566 (2).

(3) The city must make available to the public, on request, a report respecting how a fee was determined that is established and imposed under a provision that specifically authorizes the establishment and imposition of a fee.

18 Section 272 (1) is amended

(a) in paragraph (b) by striking out "for fixing the fee" and substituting "for establishing and imposing the fee",

(b) in paragraph (d) by striking out "and for fixing the fees to be taken for their use",

(c) in paragraph (e) by striking out "and giving effect to such classification in fixing the licence fee", and

(d) in paragraph (l) by striking out "for fixing and" and substituting "for establishing and".

19 Section 279B (3) is amended

(a) by repealing paragraph (d), and

(b) in paragraph (f) by striking out "for fees to be paid" and substituting "for the establishing and imposing of fees to be paid".

20 Section 279C (1) (b) is amended by striking out "establish fees to be paid" and substituting "establish and impose fees to be paid".

21 Section 291 (i.1) is repealed.

22 Section 292 (1) is amended

(a) in paragraph (h) by striking out "establishing subdivision application fees" and substituting "establishing and imposing subdivision application fees", and

(b) in paragraph (i) by striking out "establishing fees" and substituting "establishing and imposing fees".

23 Section 300 (f) is amended by striking out "the fees therefor and".

24 Section 302 (f) is amended by striking out "the fees therefor and".

25 Section 306 (1) is amended

(a) in paragraph (f) by striking out "the fees to be charged therefor and", and

(b) by repealing paragraph (i) and substituting the following:

Standards for dwellings

(i) in respect of standards of fitness for human habitation, for

(i) establishing standards for single or multiple dwellings,

(ii) requiring the owners of dwellings to conform with the standards established under subparagraph (i),

(iii) prohibiting the use or occupancy of dwellings which do not conform with the standards established under subparagraph (i), and

(iv) providing that the city may take action under section 336 but not until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises; .

26 Section 308A (b) is amended by striking out "and fix a fee for the permit".

27 Section 314 (1) (c) is amended by striking out ", and for fixing the fees to be charged therefor".

28 Section 317 (1) is amended

(a) in paragraph (n) by striking out "for imposing" and substituting "for establishing and imposing",

(b) in paragraph (x) by striking out "and for such fee or charge", and

(c) in paragraph (aa) (i) by striking out "establishing fees" and substituting "establishing and imposing fees".

29 Section 319 (1) (f) is amended by striking out "and to levy fees therefor".

30 Section 323 is amended

(a) in paragraph (j) by striking out ", whether for a fee or otherwise",

(b) in paragraph (m) by striking out ", and for providing that in default of such removal the city may, by its workers or others, enter and effect such removal at the cost of the person so defaulting", and

(c) by repealing paragraphs (r) and (u) and substituting the following:

Brush and weeds to be cleared

(r) for requiring the owner or occupier of any parcel to clear the parcel of brush, trees, noxious weeds, or other growths;

Standard of maintenance

(u) in respect of a standard of maintenance, for

(i) requiring the owners or occupants of real property to maintain the property in a neat and tidy condition and in keeping with a reasonable standard of maintenance prevailing in the neighbourhood, and

(ii) providing that, in the case where the premises are not occupied by the owner of the property, the city may take action under section 336 but not until the expiration of 30 days after the date of service of a notice to that effect has been given by registered mail to the owner or has been posted on the premises; .

31 Section 330 (q) is repealed and the following substituted:

Remedy of inadequate utilities

(q) in respect of inadequate utilities, for

(i) providing that if, in the opinion of the Medical Health Officer, any building used for dwelling purposes, other than a one-family dwelling, is being inadequately provided with heat, light, water, or similar utilities, the Medical Health Officer may cause a notice to be posted on the premises requiring the owner to remedy the inadequacy in the manner described in the notice, and

(ii) providing that if such inadequacy is not remedied within 24 hours,

(A) the Medical Health Officer or any person authorized by the Medical Health Officer may enter on the premises and do all things that may be necessary to remedy the inadequacy, and

(B) the cost of remedying the inadequacy under subparagraph (ii) (A) may be recovered from the owner in any Court of competent jurisdiction or by entering the amount of the cost in the real-property tax roll with respect to such premises.

32 Section 331 (d) is amended by striking out ", and the fees for which,".

33 Section 336 is repealed and the following substituted:

City action at defaulter's expense

336. (1) The Council's authority under this or another Act to require that something be done includes the authority to direct that, if a person subject to the requirement fails to take the required action, the city may

(a) fulfill the requirement at the expense of the person, and

(b) recover the costs incurred from that person as a debt due the city in any Court of competent jurisdiction.

(2) In respect of an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements, the city may

(a) if the person appears by the Collector's roll to be the owner, or owner under agreement, of a parcel of real property in respect of which the default occurs, and

(b) after certification by the Director of Finance,

direct that the amount of the expense be inserted in the real-property tax roll as a charge imposed with respect to such parcel.

(3) The Council may not exercise its authority under this section in relation to any other matter for which this or another Act specifically authorizes the city to take action at the defaulter's expense.

34 Section 399 is amended by striking out "clause (e) of section 272" and substituting "section 272 (1) (e)".

35 Section 488 is amended

(a) in subsection (6) by striking out "shall be levied" and substituting "may be established and imposed", and

(b) in subsection (8) by striking out "imposed" and substituting "established and imposed".

36 Section 571A (3) is amended by striking out "subsections (1) and (2) of section 324A" and substituting "sections 324A and 324B".

Part 7 – Public Safety and Solicitor General Amendments

Motor Vehicle Act

37 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following definition:

"certificate of service" includes an eCertificate of service as described in section 82.2; .

38 The following section is added:

eCertificates of service

82.2 (1) For the purposes of this Act, an eCertificate of service is a type of certificate of service created as an electronic record to be used to prove personal service of one of the following notices:

(a) a notice of licence suspension;

(b) a notice of driving prohibition.

(2) An eCertificate of service includes a printout or display that is produced from the electronic record of the certificate.

(3) A printout or display of the electronic record of an eCertificate of service containing a statement that it is an authentic printout or display produced from the electronic record is conclusive proof of that fact.

39 Section 90.3 is amended

(a) by repealing subsection (8) and substituting the following:

(8) If a peace officer serves a notice of licence suspension under subsection (2) (c) or (2.1) (c), the peace officer must promptly forward to the Insurance Corporation of British Columbia

(a) a certificate of service, showing that the notice of licence suspension was personally served on the person subject to the licence suspension, and

(b) a copy of the notice of licence suspension. , and

(b) by repealing subsection (9).

40 Section 90.4 (3) is amended by striking out "or" at the end of paragraph (b) (ii) and by adding the following paragraph:

(b.1) contain a certificate of service referred to in section 90.3 (8) (a) showing that a notice of licence suspension under section 90.3 (2) (c) or (2.1) (c) was personally served on the person subject to the licence suspension, or .

41 Section 95 (4) is amended by striking out "or" at the end of paragraph (b) (ii) and by repealing paragraph (c) and substituting the following:

(c) contain a certificate of service referred to in section 94.3 (a) (iii), 215 (10) (a), 215.47 (c) or 251 (3) (b) showing that a notice of driving prohibition under section 94.1 (1), 215 (2) (b) or (3) (b), 215.41 or 251 (1) (h), as applicable, was personally served on the person subject to the driving prohibition, or

(d) contain a certificate of service showing that notice of a driving prohibition under section 93 was personally served on the person subject to the driving prohibition.

42 Section 215 (10) is repealed and the following substituted:

(10) If a peace officer serves a notice of driving prohibition under subsection (2) (b) or (3) (b), the peace officer must promptly forward to the Insurance Corporation of British Columbia

(a) a certificate of service, showing that the notice of driving prohibition was personally served on the person subject to the driving prohibition,

(b) a copy of the notice of driving prohibition, and

(c) a report of the driving prohibition.

Part 8 – Social Development and Poverty Reduction Amendments

Community Living Authority Act

43 Section 1 of the Community Living Authority Act, S.B.C. 2004, c. 60, is amended by adding the following definition:

"Indigenous peoples" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act; .

44 Section 5 is amended by adding the following subsection:

(3.1) Subject to section 6 (2) (c), the board must include the following as directors:

(a) at least 2 individuals who are

(i) eligible to receive support and services referred to in paragraph (a) or (d) of the definition of "community living support", and

(ii) advocates for themselves and others with respect to that support and services;

(b) at least one individual who is a family member of an individual who is eligible to receive support and services referred to in paragraph (a) or (d) of the definition of "community living support";

(c) at least one individual who is an Indigenous person.

45 Section 5 is amended by adding the following subsection:

(7) The board must continue to have an Indigenous advisory committee to advise the board, which committee is composed of individuals who are one or more of the following:

(a) an Indigenous person who is eligible to receive support and services referred to in paragraph (a) or (d) of the definition of "community living support";

(b) a family member of an Indigenous person who is eligible to receive support and services referred to in paragraph (a) or (d) of the definition of "community living support";

(c) a representative of an organization that supports Indigenous peoples.

Commencement

46 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: