HONOURABLE DAVID EBY
ATTORNEY GENERAL AND MINISTER
RESPONSIBLE FOR HOUSING

BILL 12 – 2021

MISCELLANEOUS STATUTES (MINOR CORRECTIONS) AMENDMENT ACT, 2021

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

Part 1 – Corrections to In-Force Provisions

Adult Guardianship Act

1 Section 1 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is amended in the definition of "neglect" by striking out "self neglect" and substituting "self-neglect".

Carbon Tax Act

2 Section 51 (1.01) and (1.02) of the Carbon Tax Act, S.B.C. 2008, c. 40, is amended by striking out "issued" and substituting "given".

Child Care BC Act

3 Section 12 (2) (a) of the Child Care BC Act, S.B.C. 2001, c. 4, is amended by striking out "paragraph (c)" and substituting "paragraph (b)".

Climate Change Accountability Act

4 Section 12 (2) (b.1) of the Climate Change Accountability Act, S.B.C. 2007, c. 42, is amended by striking out "timeframes" and substituting "time frames".

Election Amendment Act, 2019

5 Schedule 2 to the Election Amendment Act, 2019, S.B.C. 2019, c. 42, is amended by striking out " "general voting day" to "final voting day" " and substituting " "general voting" to "final voting" ".

Financial Institutions Act

6 Section 219.1 (1) (g) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by striking out "or (p.31)." and substituting "or (p.31),".

7 Section 289 (3) (m.1) is amended by striking out "section 126.17" and substituting "section 126.26 (1)".

Freedom of Information and Protection of Privacy Act

8 Section 3 (3) of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(a) in paragraph (a) by striking out "(protection of personal information)",

(b) in paragraph (b) by striking out "(storage and access must be in Canada)",

(c) in paragraph (c) by striking out "(obligation to report foreign demand for disclosure)",

(d) in paragraph (d) by striking out "(whistle-blower protection)",

(e) in paragraph (e) by striking out "(unauthorized disclosure prohibited)",

(f) in paragraph (e.1) by striking out "(notification of unauthorized disclosure)",

(g) in paragraph (f) by striking out "(disclosure of personal information)",

(h) in paragraph (g) by striking out "(disclosure inside or outside Canada)",

(i) in paragraph (h) by striking out "(disclosure inside Canada only)", and

(j) in paragraph (i) by striking out "(privacy protection offences)".

9 Section 8 (2) (a) is amended by striking out "(information harmful to law enforcement)".

10 Section 33.1 (1) (o) is amended by striking out "(disclosure for archival or historical purposes)".

11 Section 69 (8) is amended by striking out "(orders allowing disclosure outside Canada)".

12 Section 69.1 (3) (a) is amended by striking out "(establishment or designation of health information banks)".

13 Section 74.1 is amended

(a) in subsections (1) and (3) (d) by striking out "(unauthorized disclosure)",

(b) in subsections (1) and (3) (e) by striking out "(notification of unauthorized disclosure)",

(c) in subsections (2) (a) and (3) (a) by striking out "(location and access in Canada)",

(d) in subsections (2) (b) and (3) (b) by striking out "(obligation to report foreign demand for disclosure)", and

(e) in subsections (2) (c) and (3) (c) by striking out "(whistle-blower protection)".

14 Schedule 1 is amended in paragraph (e) of the definition of "associate" by striking out "(Use and Disclosure of Personal Information by Public Bodies)".

Hospital Act

15 Section 46 (4.1) (c) of the Hospital Act, R.S.B.C. 1996, c. 200, is repealed and the following substituted:

(c) one member

(i) selected after a merit-based process from among 3 or more individuals nominated by the executive body of the British Columbia College of Nurses and Midwives, and

(ii) authorized to practise the designated health profession of midwifery; 

Interpretation Act

16 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended in the definition of "nurse practitioner" by striking out "College of Registered Nurses of British Columbia" and substituting "British Columbia College of Nurses and Midwives".

Land Owner Transparency Act

17 Section 67 (3) of the Land Owner Transparency Act, S.B.C. 2019, c. 23, is amended by renumbering subparagraphs (i) to (iv) as paragraphs (a) to (d), respectively.

Lobbyists Transparency Act

18 Section 10.1 (1) and (2) of the Lobbyists Transparency Act, S.B.C. 2001, c. 42, is amended by striking out "an monetary administrative penalty" and substituting "a monetary administrative penalty".

Milk Industry Act

19 Section 40 (4) of the Milk Industry Act, R.S.B.C. 1996, c. 289, is amended

(a) in paragraph (d) by striking out "exempting" and substituting "exempt", and

(b) in paragraph (e) by striking out "establishing" and substituting "establish".

Motor Fuel Tax Act

20 Section 46 (1.01) and (1.02) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by striking out "issued" and substituting "given".

New Relationship Trust Act

21 Section 20 (a) of the New Relationship Trust Act, S.B.C. 2006, c. 6, is amended by striking out "Governance and Disclosure Guidelines for Governing Boards of British Columbia Public Sector Organizations" and substituting "Governance and Disclosure Guidelines for Governing Boards of British Columbia Public Sector Organizations".

Pension Benefits Standards Act

22 Section 133 (2) of the Pension Benefits Standards Act, S.B.C. 2012, c. 30, is amended by renumbering paragraph (1.2) as paragraph (l.2).

Provincial Sales Tax Act

23 Section 25 (2) (a) (vii) (C) of the Provincial Sales Tax Act, S.B.C. 2012, c. 35, is amended by striking out "becomes due;" and substituting "becomes due, and".

24 Section 197 (1.1) and (1.2) is amended by striking out "issued" and substituting "given".

25 Section 242 (4) is amended by striking out "Division 6" wherever it appears and substituting "Division 7".

School Act

26 Section 95.24 (3) of the School Act, R.S.B.C. 1996, c. 412, is amended by striking out "section 95.24" and substituting "section".

27 Section 106.1 is amended by striking out "division" and substituting "Division".

Securities Act

28 Section 7 (2) and (4) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by striking out "148 to 150" and substituting "148, 149, 150".

29 Section 49 (5) (c) is amended by striking out "class of securities" and substituting "a class of securities".

30 Section 143 (6) (c) is amended by striking out "system." and substituting "system".

Taxation (Rural Area) Act

31 Section 39 (2) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by striking out "remain unpaid are" and substituting "remain unpaid is".

Temporary Foreign Worker Protection Act

32 Section 82 (2) (g) of the Temporary Foreign Worker Protection Act, S.B.C. 2018, c. 45, is amended by striking out "timeframes" and substituting "time frames".

Vital Statistics Act

33 Section 1 of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended by repealing the definition of "midwife" and substituting the following:

"midwife" means a person who is

(a) registered as a member of the British Columbia College of Nurses and Midwives, and

(b) authorized to practise the designated health profession of midwifery; 

Water Protection Act

34 Section 25 (4) of the Water Protection Act, R.S.B.C. 1996, c. 484, is amended by striking out "subsection 140 (2)" and substituting "section 140 (2)".

Workers Compensation Act

35 Section 58 (2) (c) of the Workers Compensation Act, R.S.B.C. 2019, c. 1, is amended by striking out "reevaluations" and substituting "re-evaluations".

36 Section 221 (4) (c) (i) is amended by striking out "section 4.3 (1) (a), (b) or (e)" and substituting "section 4.3 (1) (a), (b) or (d.1)".

37 Section 265 (1) is amended by striking out "subsection (6)" and substituting "subsection (7)".

Part 2 – Amendments to Address Inoperative Provisions

Freedom of Information and Protection of Privacy Act

38 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Public Body:   Provincial Rental Housing Corporation
Head: Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier .

Gas Utility Act

39 Section 2 (3) (c) (iii) (C) of the Gas Utility Act, R.S.B.C. 1996, c. 170, is amended by striking out "treaty first nation;" and substituting "treaty first nation, or".

40 Section 18 (2) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is amended by striking out "or take other action as authorized in the warrant".

Land Title Act

41 Section 182 (1) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "the covenant, easement or right," and substituting "the covenant, easement, party wall agreement as defined in section 223.1, or right,".

42 Section 373.52 (6) (b) is amended by striking out "Highway Act" and substituting "Transportation Act".


Repeals

43 The following are repealed:

(a) item 36 of Schedule 15 to the Attorney General Statutes Amendment Act, 2007, S.B.C. 2007, c. 14;

(b) section 10 of the Miscellaneous Statutes Amendment Act, 2005, S.B.C. 2005, c. 2;

(c) section 25 of the Miscellaneous Statutes Amendment Act, 2006, S.B.C. 2006, c. 15;

(d) section 127 of the Miscellaneous Statutes Amendment Act (No. 2), 2008, S.B.C. 2008, c. 42;

(e) section 9 (b) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21;

(f) section 68 (b) of the Miscellaneous Statutes Amendment Act (No. 2), 2012, S.B.C. 2012, c. 18;

(g) section 77 of the Miscellaneous Statutes Amendment Act, 2014, S.B.C. 2014, c. 14;

(h) section 249 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13.

Commencement

44  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:

Item Column 1
Provisions of Act
Column 2
Commencement
1 Anything not elsewhere covered by this table The date of Royal Assent
2 Sections 15 and 16 September 1, 2020
3 Section 33 September 1, 2020
4 Section 38 February 21, 2019
5 Section 39 February 1, 2021
6 Section 40 March 30, 2006
7 Section 41 May 31, 2012