Section 1 definitions of "roster" and "roster member" were brought into force by 2018-47-1(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 1 (1) definitions of "certified non-registrant", "designated regulatory body" and "professional association" BEFORE repealed by 2022-19-2(a), (c) and (e), effective June 2, 2022 (Royal Assent).
"certified non-registrant", in respect of a regulatory body, means a person who is
(b) certified and authorized to provide or perform aspects of regulated practice in accordance with any applicable bylaws or regulations under this Act;
"designated regulatory body" means a regulatory body that is designated for the purposes of this Act under section 89 (1) [designation of regulatory body];
"professional association" means a body corporate, association or other governing body that is responsible for the governance of a profession;
Section 1 (1) definitions of "declaration" and "firm" BEFORE amended by 2022-19-2(b) and (d), effective June 2, 2022 (Royal Assent).
"declaration" means, as applicable,
(a) a competence declaration filed by a registrant under section 60 (1) (a) [registrants must file competence declarations and conflict of interest declarations], or
(b) a conflict of interest declaration filed by a registrant under section 60 (1) (b);
"firm" means
(a) a legal entity or combination of legal entities engaged in providing services in respect of a regulated practice, or
but does not include a legal entity or combination of legal entities that may be exempted from this Act by regulation of the Lieutenant Governor in Council;
Section 1 (1) definition of "professional regulator" was added by 2022-19-2(f), effective June 2, 2022 (Royal Assent).
Section 1 (1) definition of "regulatory body", paragraph (b) BEFORE amended by 2022-19-2(g), effective June 2, 2022 (Royal Assent).
(b) designated under Division 2 [Designating Professions] of Part 7, or
Section 1 (2) BEFORE amended by 2022-19-3, effective June 2, 2022 (Royal Assent).
(2) For the purposes of this Act, a reference to a professional association refers to a governing body other than a regulatory body listed in Schedule 1 to this Act.
Section 1 (1) definition of "minister" BEFORE amended by BC Reg 276/2022 under RS1996-238-11(3), effective December 19, 2022 (BC Reg 276/2022).
"minister" means the Attorney General, unless the context otherwise requires;
Section 1 (1) definitions of "board", "board member", "lay board member" and "registrant board member" were added by 2022-19-1(a), (c) and (d), effective June 2, 2023 (BC Reg 136/2023).
Section 1 (1) definitions of "council", "councillor", "lay councillor" and "registrant councillor" BEFORE repealed by 2022-19-1(b), (c) and (d), effective June 2, 2023 (BC Reg 136/2023).
"council" means the council established under section 23 [council of regulatory body] for a regulatory body;
"councillor" means a councillor referred to in section 23;
"lay councillor" means a councillor described in section 23 (2) (b) [council of regulatory body];
"registrant councillor" means a councillor described in section 23 (2) (a);
Section 1 (1) definitions of "bylaw-making authority" and "resolution" BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
, in respect of a regulatory body, means the capacity of the council to make bylaws under this Act;
"resolution", in respect of a regulatory body, council of the regulatory body or committee of the regulatory body, means a motion passed at a meeting of the regulatory body, council or committee;
Section 1 (1) definitions of "designated profession" and "professional organization" were added by 2023-49-3(a), effective November 30, 2023 (Royal Assent).
Section 1 (1) definitions of "professional regulator" and "regulatory body" BEFORE amended by 2023-49-3(b) and (c), effective November 30, 2023 (Royal Assent).
"professional regulator" means a corporation, association or other governing body that is responsible for the governance of a profession under an enactment;
"regulatory body" means a regulatory body listed in Schedule 1 to this Act that is
(a) continued under Division 1 [Regulatory Bodies Continued Under This Act] of Part 7 [Applicable Regulatory Bodies],
(b) established under Division 2 [Designating Professions] of Part 7, or
(c) amalgamated under Division 3 [Amalgamation of Regulatory Bodies] of Part 7;
Section 1 (1) definition of "minister" BEFORE amended by 2023-39-71, effective July 1, 2024 (BC Reg 129/2024).
"minister" means the Minister of Post-Secondary Education and Future Skills, unless the context otherwise requires;
Section 1 (1) definition of "reserved practice" BEFORE amended by 2025-7-73, effective May 29, 2025 (Royal Assent).
"reserved practice" means a regulated practice for which the right to practice is reserved for registrants of a regulatory body;
Section 3 (b) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(b) the council has made bylaws under this Act to enable or to require the registration of firms as registrants.
Section 4 (1) BEFORE amended by BC Reg 276/2022 under RS1996-238-11(3), effective December 19, 2022 (BC Reg 276/2022).
(1) An office of the superintendent of professional governance is established in the Ministry of Attorney General that is responsible for the matters described in section 7 (2) [general duty and responsibilities of superintendent].
Section 4 (1), (3), (4) and (5) BEFORE amended by 2023-39-72, effective July 1, 2024 (BC Reg 129/2024).
(1) An office of the superintendent of professional governance is established in the Ministry of Post-Secondary Education and Future Skills that is responsible for the matters described in section 7 (2) [general duty and responsibilities of superintendent].
(3) The minister may designate one or more employees of the ministry to act temporarily in the place of the superintendent.
(4) The minister or, after consultation with the minister, the superintendent may retain consultants, experts and other persons the minister or the superintendent considers necessary to enable or assist the superintendent to exercise powers or perform duties, including investigations or audits, of the superintendent, or the office, under this Act.
(5) The minister or, after consultation with the minister, the superintendent may establish the remuneration and other terms and conditions of a person retained under subsection (4).
Section 7 (2) (c) (ii) was brought into force by 2018-47-7(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 7 (2) (c) (iii) BEFORE amended by 2022-19-5(a), effective June 2, 2022 (Royal Assent).
(iii) receiving, if applicable, conflict of interest declarations in respect of registrants from regulatory bodies,
Section 7 (2) (d) (ii) and (v) BEFORE amended by 2022-19-5(b) and (c), effective June 2, 2022 (Royal Assent).
(ii) providing information and advice to regulatory bodies, registrants and professional associations about the requirements under this Act,
(v) issuing directives to ensure compliance with this Act, including compliance in the administration, by regulatory bodies, of declarations,
Section 9 (2) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) Guidelines established under subsection (1) must be considered by the council and committees, as applicable, of the regulatory body in exercising powers and performing duties or functions under this Act.
Section 10 (1) (a) was brought into force by 2018-47-10(1)(a), effective February 5, 2021 (BC Reg 11/2021).
Section 10 (2) (a) was brought into force by 2018-47-10(2)(a), effective February 5, 2021 (BC Reg 11/2021).
Section 10 (2) (b) (i) to (iii) and (v) to (vi) were brought into force by 2018-47-10(2)(b)(part), effective February 5, 2021 (BC Reg 11/2021).
Section 10 (5) was brought into force by 2018-47-10(5), effective February 5, 2021 (BC Reg 11/2021).
Section 10 (2) (b) (iv) and (viii) BEFORE repealed by 2022-19-7, effective June 2, 2022 (Royal Assent).
Section 11 (1) (a) and (b) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(a) that a council exercise its powers or perform its duties to better achieve the protection of the public interest with respect to professional governance;
(b) that a council appoint an auditor to conduct an audit, in accordance with the directive and any applicable regulations, and provide an audit report to the superintendent;
Section 11 (3) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(3) A council must comply with a directive issued to it under this section.
Section 12 (1) to (3) BEFORE amended by 2022-19-59 and 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) Without limiting sections 10 and 11, the superintendent may appoint a public administrator to discharge the powers and duties of a council under this Act if the superintendent considers this to be necessary in the public interest, whether or not the superintendent has exercised any other power under this Act.
(2) On the appointment of a public administrator, the councillors cease to hold office unless otherwise ordered by the superintendent.
(3) The superintendent may specify
(a) the powers, duties and responsibilities of a public administrator appointed under this section, and
(b) how a council will operate after the appointment of a public administrator has ended, including specifying whether a new council will be appointed under section 23 [council of regulatory body] as if the new council were the first council of a regulatory body.
Section 12 (1) BEFORE amended by 2023-39-73(b), effective July 1, 2024 (BC Reg 129/2024).
(1) Without limiting sections 10 and 11, the superintendent may appoint a public administrator to discharge the powers and duties of a board under this Act if the superintendent considers this to be necessary in the public interest, whether or not the superintendent has exercised any other power under this Act.
Section 18 (1) (a) was brought into force by 2018-47-18(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 18 (1) (b) (ii) and (iii) were brought into force by 2018-47-18(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 18 (2) was brought into force by 2018-47-18(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 19 BEFORE re-enacted by 2023-39-74, effective July 1, 2024 (BC Reg 129/2024).
Reports to minister
19 (1) The superintendent must, no later than May 1 in each year, provide to the minister for consideration a proposed annual report in respect of the superintendent's activities under this Act.
(2) The minister may provide comments to the superintendent on the proposed annual report no later than May 15 in each year.
(3) The superintendent must, no later than May 31 in each year, submit to the minister the annual report in respect of the superintendent's activities under this Act in the preceding calendar year.
(4) After receiving the superintendent's annual report under subsection (3), the minister must, as soon as practicable,
(a) lay the report before the Legislative Assembly if the Legislative Assembly is then sitting, or
(b) file the report with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.
Section 23 (1), (3) and (4) were brought into force by 2018-47-23(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 23 (4) BEFORE amended by 2022-19-10, effective June 2, 2022 (Royal Assent).
(4) Subject to any exceptions prescribed by regulation, a councillor may not be a member of a committee or panel established in respect of the regulatory body under this Act.
Section 23 BEFORE amended by 2022-19-9 and 2022-19-59 to 62,Sch, effective June 2, 2023 (BC Reg 136/2023).
Council of regulatory body
23 (1) Subject to section 84 [regulatory bodies continued], a council is established for each regulatory body in respect of that regulatory body.
(2) The composition of a council consists of the following councillors:
(a) 7 registrant councillors, including the president and vice president,
(i) who are registrants of the regulatory body, and
(ii) who are elected or temporarily appointed under section 26 [election of registrant councillors];
(i) who are not registrants of the regulatory body, and
(ii) who are appointed under section 27 [appointment of lay councillors];
(c) the immediate past president of the regulatory body, who is a non-voting registrant councillor.
(3) The councillors may act even if there is a vacancy on a council.
(4) Subject to any exceptions prescribed by regulation, a councillor may not be a member of a committee or panel established in respect of a regulatory body under this Act.
Section 24 (1) and (4) BEFORE amended by 2022-19-11(a) and (b), effective June 2, 2022 (Royal Assent).
(1) The term for a councillor to hold office is 3 years.
(4) A lay councillor may not serve successive terms for more than 6 consecutive years from the date of the lay councillor's initial appointment.
Section 24 BEFORE amended by 2022-19-12 and 2022-19-60 and 62,Sch, effective June 2, 2023 (BC Reg 136/2023).
Term limits
24 (1) Subject to subsection (5.1), the term for a councillor to hold office is 3 years.
(2) A registrant councillor who serves successive terms is subject to the following limits:
(a) subject to paragraph (b), the registrant councillor may not serve for more than 6 consecutive years in each of the following offices:
(i) president of the regulatory body;
(ii) vice president of the regulatory body;
(iii) a councillor other than president and vice president of the regulatory body;
(b) the registrant councillor may not serve for more than 12 consecutive years from the date of the registrant councillor's initial election or appointment, as applicable.
(3) A regulatory body may set a term that is shorter than 3 years for the following offices:
(a) president of the regulatory body;
(b) vice president of the regulatory body.
(4) Subject to subsection (5.1), a lay councillor may not serve successive terms for more than 6 consecutive years from the date of the lay councillor's initial appointment.
(5) The Lieutenant Governor in Council may, by order, set a term for an individual lay councillor that is shorter than 3 years.
(5.1) A lay councillor whose term of office has expired may continue to hold office until a successor is appointed.
(6) A person who has served the maximum number of consecutive years under this section is not eligible to serve as a councillor until after a break in service of at least 3 years.
Section 25 (2) was brought into force by 2018-47-25(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 25 BEFORE amended by 2022-19-59 and 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
Selection principles and criteria
25 (1) The selection of nominees to be registrant councillors under section 26 (1) is to be conducted in accordance with the process and merit-based selection principles prescribed by the Lieutenant Governor in Council.
(a) subject to section 23 (2), establish different criteria or preferences for registrant councillors in determining the council composition, and
(b) make recommendations to the Lieutenant Governor in Council in respect of different criteria or preferences for lay councillors.
Section 26 (2) to (5) were brought into force by 2018-47-26(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 26 BEFORE amended by 2022-19-13 and 2022-19-59 to 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
Election of registrant councillors
26 (1) The council of each regulatory body must, in accordance with section 23 (4), establish a nomination committee to administer the nomination of registrants who are qualified to be nominated for election to the council in accordance with the process and selection principles referred to in section 25 (1), the bylaws and applicable regulations.
(2) Only a registrant who is nominated by the nomination committee under subsection (1) may be elected as a registrant councillor.
(3) An election of registrant councillors is to be conducted in accordance with the bylaws made by the council and the regulations that may be made by the Lieutenant Governor in Council.
(4) Subject to subsection (5), a council may temporarily appoint a registrant as a registrant councillor until a successor is elected, in accordance with the process and selection principles referred to in section 25 (1), the bylaws and applicable regulations, if
(a) an elected registrant fails to take the oath of office described in section 28,
(b) an elected registrant councillor dies, resigns or is incapable of performing the councillor's duties under this Act,
(c) an elected registrant councillor is disqualified, or
(d) there is a vacancy on the council because no registrant councillor was elected.
(5) A temporary appointment under subsection (4) may not be for a term that is longer than the remainder of the term of the registrant councillor referred to in that subsection.
Section 27 BEFORE amended by 2022-19-59 to 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
Appointment of lay councillors
27 (1) The Lieutenant Governor in Council may appoint the lay councillors for the council of each regulatory body after a merit-based process.
(2) If there is a vacancy in the office of a lay councillor, the minister may temporarily appoint a lay councillor for a term of not more than one year.
Section 28 (1) BEFORE amended by 2022-19-60,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) Before taking office as a councillor or acting as a member of a committee in respect of a regulatory body, a person elected or appointed as a councillor or to a committee must take and sign, by oath or solemn affirmation, an oath of office in the form and manner established by regulation.
Section 29 BEFORE amended by 2022-19-59 to 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
Required lay councillors and quorum
29 (1) At least one lay councillor must be present at any meeting, proceeding or hearing of the council under this Act unless there are no lay councillors appointed in respect of the council on the date of the meeting, proceeding or hearing.
(2) Subject to subsection (1), the majority of the voting councillors of a council of a regulatory body constitutes a quorum.
(3) Despite subsection (1) of this section and section 23 (2) [council of regulatory body],
(a) the powers and duties of the council are not affected by a vacancy in the office of a lay councillor, and
(b) the acts done by a quorum of council are not invalid by reason only that the council is not at the time composed of the number of councillors required under this Act.
Section 30 BEFORE amended by 2022-19-13 and 2022-19-59 to 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
Disqualification and termination of councillors
30 (1) A registrant councillor ceases to hold office
(a) if the registrant councillor
(i) contravenes a term of the oath of office required by section 28 (1),
(ii) contravenes a provision of this Act or the regulations, rules or bylaws,
(iii) contravenes a provision of another provincial or federal enactment, or
(b) if, after reasonable notice to the registrant councillor, the council, by resolution passed by a vote of at least 2/3 of the other councillors of the full council who are eligible to vote on the resolution, considers that the circumstance described in paragraph (a) is sufficiently serious to justify the councillor's removal.
(2) A registrant councillor ceases to hold office if the registrant councillor ceases to be a registrant.
(3) The Lieutenant Governor in Council may, by order, terminate the appointment of a lay councillor.
Section 31 (4) (b) BEFORE repealed by 2022-19-14, effective June 2, 2022 (Royal Assent).
(b) the registrant has failed to pay a fee for renewal of registration or another fee within the required time,
Section 31 (1) and (2) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) The council of each regulatory body must appoint a registrar and may appoint one or more deputy registrars for the regulatory body, each of whom holds office during the pleasure of the council.
(2) The council may, by bylaw, authorize a deputy registrar or deputy registrars appointed under subsection (1) to exercise the powers and perform the duties of the registrar set out in the bylaws, subject to any limits or conditions specified in the bylaws.
Section 32 (1) to (6) were brought into force by 2018-47-32(1) to (6), effective February 5, 2021 (BC Reg 11/2021).
Section 32 (7) (a) and (b) were brought into force by 2018-47-32(7)(a),(b), effective February 5, 2021 (BC Reg 11/2021).
Section 32 (7) (c) was brought into force by 2018-47-32(7)(c), effective February 5, 2022 (BC Reg 11/2021).
Section 32 (7) (c) BEFORE amended by 2022-19-16, effective June 2, 2022 (Royal Assent).
(c) have a chair who is appointed in accordance with the process and selection principles referred to in section 25 (1) [selection principles and criteria].
Section 32 BEFORE amended by 2022-19-15 and 2022-19-59 and 60,Sch, effective June 2, 2023 (BC Reg 136/2023).
Officers and committees
32 (1) In addition to the registrar and any deputy registrars, a council may establish other offices and appoint other officers, including
(a) an executive director, who must not be a councillor, and
(b) an officer other than the president and vice president, including an officer who may also be a councillor.
(2) A council may authorize the nomination committee, credentials committee, audit and practice review committee, investigation committee or discipline committee to exercise a power, authority or jurisdiction of the council under this Act, in addition to a power, authority or jurisdiction expressly referred to in this Act in connection with these committees, other than a bylaw-making authority.
(3) Subject to section 23 (4) [council of regulatory body], a council may establish committees, in addition to the nomination committee, credentials committee, audit and practice review committee, investigation committee and discipline committee, for a purpose consistent with this Act.
(4) A council may authorize a committee established under subsection (3) to exercise a power, authority or jurisdiction of the council under this Act, other than
(a) a bylaw-making authority, or
(b) a power, authority or jurisdiction expressly referred to in this Act in connection with the nomination committee, credentials committee, audit and practice review committee, investigation committee or discipline committee.
(a) an officer to exercise a power, authority or jurisdiction of the council, other than a bylaw-making authority, under this Act, and
(b) a committee established by the council to delegate to an officer a power, authority or jurisdiction granted to the committee by the council.
(6) A council may make bylaws in respect of the following:
(a) the appointment and termination of officers other than the president and the vice president;
(b) the appointment and termination of members of committees;
(c) the conduct of committee meetings, including proceedings before a committee.
(7) Subject to section 23 (4), each committee of a regulatory body established under this Act must
(a) include at least one lay committee member,
(b) have at least one lay committee member present at every meeting, proceeding or hearing of the committee under this Act, and
(c) have a chair who is appointed in accordance with the selection principles referred to in section 25 (1) [selection principles and criteria].
Section 33 BEFORE amended by 2022-19-59 and 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
General meetings of regulatory bodies
33 (1) An annual general meeting of a regulatory body must be held, at the time and place appointed by the council of the regulatory body, at least once in every calendar year and not more than 15 months after the preceding annual meeting.
(2) If an annual general meeting is not held as required under subsection (1), the superintendent, on application by a registrant, may call or direct the calling of an annual general meeting.
(3) The council, at any time on its own motion, may call a general meeting of the regulatory body.
(4) The council must call a general meeting of the regulatory body on the written request of
(b) the greater of the following:
(i) 50 registrants in good standing;
(5) Subject to this section, the council may make bylaws governing the calling and conduct of a general meeting of the regulatory body, including the annual general meeting.
Section 34 (1) BEFORE amended by 2022-19-17(a), effective June 2, 2022 (Royal Assent).
(1) A resolution of a general meeting of a regulatory body, including the annual general meeting, is not binding on the council of a regulatory body, except as provided in this section.
Section 34 (2) and (3) BEFORE repealed by 2022-19-17(b), effective June 2, 2022 (Royal Assent).
(2) Subject to subsection (4), the council must conduct a referendum of all registrants on a resolution of a general meeting if
(a) the resolution has not been substantially implemented by the council within 4 months following the general meeting at which it was adopted, and
(b) the council or an officer receives a written request for a referendum on the resolution signed by at least 5% of the registrants.
(3) Subject to subsection (4), the resolution referred to in subsection (2) is binding on the council if
(a) at least 50% of all registrants in good standing vote in the referendum, and
(b) at least 2/3 of the votes cast are in favour of the resolution.
Section 34 (1) and (4) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) A resolution of a general meeting of a regulatory body, including the annual general meeting, is not binding on the council of a regulatory body.
(4) The council must not implement a resolution if to do so would
(a) be inconsistent with this Act and the regulations made under it or otherwise constitute a breach of a statutory duty, or
Section 35 BEFORE amended by 2022-19-18 and 2022-19-59 to 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
Bylaws of council
35 (1) Subject to the requirements of this Act and any applicable regulations, the council of a regulatory body may make bylaws in respect of the following:
(a) the duties of councillors;
(b) the removal of a registrant councillor;
(c) the temporary appointment of a registrant councillor to fill a vacancy caused by the incapacity, resignation, removal or death of a registrant councillor;
(d) the duties of the president and the vice president of the council;
(e) the temporary appointment of a vice president of the council to fill a vacancy caused by the incapacity, resignation, removal or death of a vice president;
(f) for certainty, any other purpose contemplated as a bylaw-making authority of the regulatory body under this Act, including bylaws that may be made under this Part, Part 4 [Registrants] and Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct];
(g) the management, duties and purposes of the regulatory body.
(2) The council may make bylaws governing the conduct of the affairs of the council, including the conduct of council meetings and proceedings before the council.
(3) The council may amend or repeal an existing bylaw made under a bylaw-making authority in accordance with the requirements under this Act and must promptly, by written notice, notify the superintendent of the amendment or repeal of the bylaw.
Section 37 (1) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) Subject to subsection (3), a bylaw made by the council of a regulatory body under a bylaw-making authority
(a) must be delivered, in accordance with any regulations respecting the form and manner of delivery of the bylaws, to the superintendent for filing with the minister,
(b) must be filed by the superintendent with the minister within 45 days of delivery by the council unless the superintendent considers that the bylaw is unsuitable, in accordance with any criteria prescribed by the Lieutenant Governor in Council, and
(c) has no effect unless it is delivered to the superintendent and filed with the minister.
Section 37 (2) (b) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(b) the council withdraws the bylaw under section 38 (2), or
Section 38 (2) to (5) BEFORE amended by 2022-19-59 and 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) The council may, by written notice delivered to the superintendent, withdraw a bylaw or a portion of a bylaw delivered under section 37 at any time before it would otherwise come into force or before it is disallowed.
(3) The superintendent must disallow a bylaw filed under section 37 if the superintendent is not satisfied that appropriate provision has been made in respect of the following:
(a) the appointment or election of councillors of a regulatory body under
(i) section 23 [council of regulatory body],
(ii) section 26 [election of registrant councillors], or
(iii) section 27 [appointment of lay councillors];
(b) the responsibilities referred to in section 22 [general duty and responsibilities of regulatory bodies];
(c) the presence of required lay councillors of a regulatory body in accordance with section 29 [required lay councillors and quorum].
(4) The superintendent may request the council to amend or repeal an existing bylaw for its regulatory body or to make a new bylaw for its regulatory body if the superintendent is satisfied that this is necessary or advisable.
(5) If the council does not comply with a request under subsection (4) within 60 days after the date of the request, the superintendent may, by order, amend or repeal the existing bylaw for a regulatory body or make a new bylaw for the regulatory body in accordance with the request.
Section 39 (1) BEFORE amended by 2022-19-20, effective June 2, 2022 (Royal Assent).
(1) A bylaw made under a bylaw-making authority in this Act may authorize the registrar to establish a form that is required, under that bylaw, to be used by registrants or certified non-registrants, as the case may be.
Section 39 (2) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) A form established by a registrar under subsection (1) is considered to be a bylaw made by the council of a regulatory body.
Section 41 BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
Annual report to superintendent
41 The council of each regulatory body must, on or before April 1 each year, file with the superintendent an annual report of the general operations of the regulatory body in the form and manner established by the registrar with any information required by the superintendent and as may be prescribed by the Lieutenant Governor in Council that is current to the preceding calendar year.
Section 42 (2) (part) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) The council of a regulatory body may make bylaws to do the following:
Section 43 (1) (part) and (2) (part) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) Subject to regulations that may be made by the Lieutenant Governor in Council, the council of a regulatory body may make bylaws in respect of restricted areas of practice for the regulated practice as follows:
(2) Subject to regulations that may be made by the Lieutenant Governor in Council, the council may make bylaws in respect of specialized areas of practice for the regulated practice as follows:
Section 44 BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
Credentials committee
44 (1) The council of a regulatory body may, subject to section 23 (4) [council of regulatory body], establish a credentials committee to
(a) advise the council on matters falling within the scope of this Division, and
(b) carry out other functions consistent with this Division.
(2) The council may authorize the credentials committee to exercise a power, authority or jurisdiction of the council under this Division, other than a bylaw-making authority.
Section 45 (1) (part) and (2) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) On receiving an application for enrolment, admission or reinstatement as a registrant of a regulatory body, the registrar of the regulatory body, or a committee authorized by the council of the regulatory body, may, in accordance with the bylaws,
(2) The council may vary conditions or limitations made under subsection (1) (b) if the applicant consents in writing to the variation.
Section 46 (1) (part) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) The council of a regulatory body may make bylaws to do the following:
Section 47 (1) (part) and (3) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) The council of a regulatory body may make bylaws to do the following:
(3) If, under the Labour Mobility Act or in accordance with a prescribed trade agreement, the council of a regulatory body is required to admit a person as a registrant, the council may admit the person as a registrant in accordance with
(a) regulations that the Lieutenant Governor in Council may make in respect of the council, including any bylaws the council must make, and
(b) bylaws the council may make to administer the admission of the person as a registrant.
Section 48 BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
Review on the record
48 (1) Within 30 days of receiving notice of a decision in respect of an application in respect of a regulatory body, the applicant may apply in writing to the council of the regulatory body for a review on the record.
(2) On receiving a request under subsection (1), the council or the credentials committee, if authorized by the council, may conduct a review of the record in accordance with the bylaws.
(3) Despite subsections (1) and (2), if, in the opinion of the council, there are special circumstances, the council may hear evidence that is not part of the record.
(4) After conducting its review, the council may
(a) confirm the decision in respect of the application, or
(b) substitute a decision in respect of the application, including any conditions or limitations on the registration.
(5) The council may make bylaws establishing
(a) procedures and criteria for an application for review under this section, and
(b) the practice and procedure for proceedings before the council under this section, which may be different for reviews of different applications under section 45.
Section 49 (3) and (4) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(3) Subject to subsection (4), the council of the regulatory body may make bylaws
(a) providing for the issuance of a seal to registrants in good standing, and
(b) governing the use of the seal.
(4) The Lieutenant Governor in Council may, by regulation, establish requirements in respect of the following:
Section 50 BEFORE re-enacted by 2022-19-22, effective June 2, 2022 (Royal Assent).
Fees and special assessments
50 (1) The council of a regulatory body may make bylaws to do the following:
(a) set the annual fee to be paid by registrants, which may be different for different specializations;
(b) set fees, in addition to the annual fee referred to in paragraph (a), to be paid by registrants, trainees, certified non-registrants or applicants;
(c) levy special assessments, for a purpose consistent with this Act, to be paid by registrants, trainees, certified non-registrants or applicants;
(d) set the date by which a fee, including the annual fee or a special assessment, must be paid;
(e) permit late payment of a fee, including the annual fee or a special assessment;
(f) set a fee for late payment of a fee, including the annual fee or a special assessment;
(g) determine the circumstances in which a full or partial refund of a fee, including the annual fee or a special assessment, may be made;
(h) waive payment of all or part of a fee, including the annual fee or a special assessment, for a person who the council wishes to honour.
(2) If a registrant fails to pay a fee, including the annual fee, a special assessment or a penalty imposed by the council under this Act by the time the fee, assessment or penalty is required to be paid, the registrant ceases to be a member of the regulatory body unless the council of the regulatory body otherwise directs, subject to bylaws made under subsection (1).
Section 50 (h) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(h) waive payment of all or part of a fee or special assessment for a person whom the council wishes to honour.
Section 50.1 (1) (part) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) The council of a regulatory body may make bylaws authorizing the council to suspend or cancel the registration of a registrant of the regulatory body if the registrant fails to do any of the following:
Section 52 (3) BEFORE amended by 2025-7-74, effective May 29, 2025 (Royal Assent).
(3) A person other than a registrant of a regulatory body must not use a reserved title or other name, title, description or abbreviation of a name or title, or an equivalent of a reserved title or other name or title in another language, in any manner that expresses or implies that the person is a registrant or associated with the regulatory body or is authorized to practice in a profession that is subject to a reserved title.
Section 56 BEFORE re-enacted by 2022-19-25, effective June 2, 2022 (Royal Assent).
Definition and application
56 (1) In this Part, "registrant" includes
(b) a certified non-registrant or former certified non-registrant to whom this Part applies.
(2) In the case of a former registrant or former certified non-registrant, the application of this Part is limited to the period of time when the former registrant or the former certified non-registrant was acting as a registrant or certified non-registrant, as the case may be.
Section 57 (4) BEFORE repealed by 2022-19-26, effective June 2, 2022 (Royal Assent).
(4) The council may make bylaws establishing the following:
(a) a class or classes of certified non-registrants to whom registrants may delegate aspects of the regulated practice or who may be authorized to provide or perform aspects of the regulated practice in accordance with a bylaw made under subsection (1) (c);
(b) conditions or requirements, including training or education requirements, for the certification by the regulatory body of certified non-registrants described in paragraph (a);
(c) standards, limits or conditions in respect of the aspects of regulated practice that may be provided or performed by certified non-registrants;
(d) conditions or requirements for renewal, suspension, cancellation and reinstatement of the certification of certified non-registrants, and provide for the suspension or cancellation of the certification of certified non-registrants for late payment or non-payment of fees;
(e) fees payable to the regulatory body by certified non-registrants;
(f) joint standards of conduct or competence in conjunction with another professional or occupational body in another jurisdiction, if relevant.
Section 57 (1) (part) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) Subject to subsections (2) and (3), the council of each regulatory body must make bylaws establishing the following:
Section 57 (3) (b) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(b) prescribing additional ethical principles that the council of a regulatory body must establish in a code of ethics for registrants, and
Section 57 (2) (b) BEFORE amended by 2025-7-74, effective May 29, 2025 (Royal Assent).
(b) practice only in those fields where training and ability make the registrant professionally competent;
Section 63 BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
Audits and practice reviews
63 (1) The council of a regulatory body may, subject to section 23 (4) [council of regulatory body], establish an audit and practice review committee to
(a) advise the council on matters falling within the scope of this Division, and
(b) carry out other functions consistent with this Division.
(2) The council may authorize the audit and practice review committee to
(a) exercise a power, authority or jurisdiction of the council under this section, other than a bylaw-making authority, and
(b) appoint assessors for the purposes of an audit or practice review.
(3) The council may authorize an audit to be conducted in accordance with the bylaws or an audit program as described in subsection (7).
(4) The council may authorize a review of the practice of a registrant of the regulatory body to be carried out by an assessor, another officer or employee of the regulatory body or a contractor retained by the regulatory body for this purpose, if
(a) there is reason to believe that the registrant might have
(i) contravened this Act, the regulations or the bylaws,
(ii) failed to comply with a standard, limit or condition imposed under this Act,
(iii) acted in a manner that constitutes professional misconduct or conduct unbecoming a registrant, or
(iv) acted in a manner that constitutes incompetent performance of duties undertaken while engaged in the registrant's regulated practice, or
(5) If the council authorizes a practice review under subsection (4), the council may do the following:
(a) by written notice, require a registrant of the regulatory body whose practice is being reviewed under this subsection to cooperate with the review, answer questions and provide access to information, files or records in the registrant's possession or control;
(b) direct an assessor or other authorized person to prepare a report of the findings of the review, which, if prepared, must also be provided to the registrant whose practice was the subject of the review;
(c) impose, in accordance with bylaws that the council may make, limits or conditions on the practice of the regulated practice by the registrant, including
(i) restricting the practice that may be engaged in by the registrant,
(ii) requiring that the registrant be overseen by another registrant when engaged in the regulated practice, and
(iii) requiring that the registrant undertake additional training;
(d) refer a report required under paragraph (b) to an assessor, another officer or a committee with directions to
(i) consider whether or not the findings of the review might warrant action under section 66 [investigations authorized by council], and
(ii) advise the council or the investigation committee accordingly.
(6) The council may make bylaws to do the following:
(a) govern the initiation or conduct of a review referred to in subsection (4);
(b) specify the nature and extent of the requirements that may be imposed on a registrant under subsection (5) (a);
(c) govern the referral of a report under subsection (5) (d).
(7) The council may make bylaws establishing an audit program to routinely or randomly assess the conduct or competence of registrants of the regulatory body.
(8) The confidentiality provisions set out under section 110 [confidentiality — committee matters] apply in respect of the audit and practice review committee.
Section 65 BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
Complaints
65 (1) A person may make a complaint to the regulatory body, the council or an officer about a registrant of the regulatory body who may be
(a) engaged in the registrant's regulated practice in an incompetent manner, or
(b) guilty of professional misconduct, conduct unbecoming a registrant or a breach of this Act or the bylaws.
(2) The council of the regulatory body may make bylaws governing the disposition of a complaint under subsection (1).
(3) The registrar must advise the person who makes a complaint under subsection (1) of the disposition of the complaint.
(4) The council, or an officer or a committee authorized to do so by the council, may, on the initiative of the council, the officer or the committee, or on receiving a complaint under subsection (1), authorize a practice review under section 63 or take action under section 66.
(5) A registrant of the regulatory body who resigns before or after the beginning of a practice review, investigation, hearing or other proceeding under this Act remains subject to the jurisdiction of the regulatory body.
Section 66 (2) (a) (i) BEFORE amended by 2022-19-30, effective June 2, 2022 (Royal Assent).
(i) summarily suspend or cancel the registration or membership of a registrant who has been convicted of an indictable offence, or
Section 66 (1) (c) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(c) if there is reason to believe that the conduct or competence of a registrant may warrant action under this subsection, issue a written notice requiring the registrant to appear before the council or the investigation committee to discuss the conduct or competence of the registrant;
Section 66 (2) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) The council may make bylaws
(a) authorizing the council to
(i) summarily suspend or cancel the registration of a registrant who has been convicted of an indictable offence, or
(ii) summarily reject the application of an applicant convicted of an indictable offence,
(b) governing the initiation or conduct of an investigation referred to in subsection (1) (a),
(c) specifying the nature and extent of the requirements that may be imposed on a registrant in a notice issued under subsection (1) (b),
(d) governing the initiation or conduct of an appearance before the council or the investigation committee under subsection (1) (c), and
Section 67 BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
Extraordinary action to protect public
67 (1) If the council of a regulatory body, or a discipline committee established under section 75 [discipline hearings], considers the action necessary in the public interest during an investigation under section 66 (1) (a) or pending a hearing under section 75, the council may, by order and without giving the registrant an opportunity to be heard,
(a) impose limits or conditions on the practice of the regulated practice by the registrant, or
(b) suspend the registration of the registrant.
(2) An order of the council under subsection (1) must
(b) include reasons for the order, and
(c) be delivered to the complainant, if any, and to the registrant.
(3) A decision under subsection (1) is not effective until the earlier of
(a) the time the registrant receives the notice under subsection (2), and
(b) 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the regulatory body.
(4) If the council determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of the cancellation as soon as possible.
(5) After an order of the council is made under subsection (1), the registrar of the regulatory body must promptly notify the superintendent about the order.
Section 68 (1) BEFORE amended by 2022-19-31, effective June 2, 2022 (Royal Assent).
(1) An investigation committee of a regulatory body may appoint persons as inspectors for the regulatory body.
Section 68 (2) and (3) BEFORE amended by 2022-19-32, effective June 2, 2022 (Royal Assent).
(2) The registrar of a regulatory body is an inspector for the regulatory body.
(3) The registrar may appoint a deputy registrar of the regulatory body as an inspector for the regulatory body.
Section 69 (1) (part), (2) and (3) BEFORE amended by 2022-19-32, effective June 2, 2022 (Royal Assent).
(1) During regular business hours, an inspector under section 68 may, subject to any limits or conditions imposed on the inspector by the investigation committee, investigate, inquire into, inspect, observe or examine one or more of the following without a court order:
(2) The investigation committee may direct an inspector to act under subsection (1) or undertake any aspect of an investigation under section 66.
(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of those actions in writing to the investigation committee.
Section 71 (3) BEFORE amended by 2022-19-32, effective June 2, 2022 (Royal Assent).
(3) An inspector may make one or more copies of any record detained under subsection (2).
Section 72 (3) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(3) If a registrant refuses to give an undertaking or consent requested under subsection (1), or if a registrant fails to comply with an undertaking or consent given in response to a request under subsection (1), the council may direct the registrar to issue a citation for a hearing by the discipline committee regarding the matter.
Section 75 (6) (d) (part) and (e) BEFORE amended by 2022-19-33, effective June 2, 2022 (Royal Assent).
(d) suspend the respondent's membership in the regulatory body
(e) cancel the respondent's membership in the regulatory body;
Section 75 (1) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) The council of a regulatory body may, subject to section 23 (4) [council of regulatory body], establish a discipline committee to
(a) advise the council on matters falling within the scope of this Division, and
(b) carry out other functions consistent with the role of the discipline committee under this Division.
Section 75 (6) (f) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(i) complete a remedial program to the satisfaction of the council or the audit and practice review committee, or
(ii) appear before a committee established by the council and satisfy the committee that the respondent is competent to practise the registrant's regulated practice.
Section 76 (1) definition of "different governing body", paragraph (b) BEFORE amended by 2022-19-34, effective June 2, 2022 (Royal Assent).
(b) a professional association that regulates a profession in British Columbia, another province or a foreign jurisdiction.
Section 76 (1) definition of "different governing body" BEFORE amended by 2023-49-5, effective November 30, 2023 (Royal Assent).
"different governing body" means
(a) a regulatory body other than the applicable regulatory body, or
(b) a professional regulator that regulates a profession in British Columbia, another province or a foreign jurisdiction.
Section 79 (2) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) The council, an employee or officer or a committee of a regulatory body may employ or retain legal or other assistance in exercising any power, authority or jurisdiction conferred under this Act, including the conduct of an audit, practice review or discipline investigation or the issuance of a citation, and may be represented by counsel at a discipline hearing under section 75.
Section 81 (3) (part) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(3) The council may make bylaws governing the assessment of costs under subsection (1), including the following:
Section 82 (1) (part) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) The council of each regulatory body must, in accordance with this section and any regulations made under subsection (4), make bylaws about information that is to be made publicly available by the regulatory body in respect of the following:
Part 7, Division 1 heading BEFORE re-enacted by 2023-49-6, effective November 30, 2023 (Royal Assent).
Section 84 BEFORE amended by 2022-19-59 and 60,Sch, effective June 2, 2023 (BC Reg 136/2023).
Regulatory bodies continued
84 (1) The British Columbia Institute of Agrologists continued under the Agrologists Act, S.B.C. 2003, c. 13, is continued as a regulatory body under this Act and
(a) its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,
(b) its council is continued as a council under this Act,
(c) each individual who is a councillor of the council continued under paragraph (b) is continued as a councillor under this Act,
(d) its registrar is continued as a registrar under this Act, and
(e) its registered members of the institute continue as registrants under this Act.
(2) The Applied Science Technologists and Technicians of British Columbia continued under the Applied Science Technologists and Technicians Act, R.S.B.C. 1996, c. 15, is continued as a regulatory body under this Act and
(a) its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,
(b) its council is continued as a council under this Act,
(c) each individual who is a council member of the council continued under paragraph (b) is continued as a councillor under this Act,
(d) its registrar is continued as a registrar under this Act, and
(e) its registered members continue as registrants under this Act.
(3) The College of Applied Biology established under the College of Applied Biology Act, S.B.C. 2002, c. 68, is continued as a regulatory body under this Act and
(a) its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,
(b) its council is continued as a council under this Act,
(c) each individual who is a councillor of the council continued under paragraph (b) is continued as a councillor under this Act,
(d) its registrar is continued as a registrar under this Act, and
(e) its registered members of the college continue as registrants under this Act.
(4) The Association of Professional Engineers and Geoscientists of the Province of British Columbia continued under the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116, is continued as a regulatory body under this Act and
(a) its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,
(b) its council is continued as a council under this Act,
(c) each individual who is a councillor of the council continued under paragraph (b) is continued as a councillor under this Act,
(d) its registrar is continued as a registrar under this Act, and
(e) its registered members continue as registrants under this Act.
(5) The Association of British Columbia Forest Professionals continued under the Foresters Act, S.B.C. 2003, c. 19, is continued as a regulatory body under this Act and
(a) its bylaws continue as bylaws made under this Act, except to the extent that they are inconsistent with this Act,
(b) its council is continued as a council under this Act,
(c) each individual who is a councillor of the council continued under paragraph (b) is continued as a councillor under this Act,
(d) its registrar is continued as a registrar under this Act, and
(e) its registered members continue as registrants under this Act.
(6) Each individual who is a councillor of a council continued under this section may continue as a councillor under this Act until the earliest of the following:
(a) the expiry of the term of the appointment or term of office that applied on the day of the coming into force of this section;
(b) the resignation or disqualification of the councillor;
(c) the expiry of the term that applies to the councillor under section 24 [term limits] of this Act;
(d) the appointment or term of office otherwise ends before its expiration.
Section 85 (1) BEFORE amended by 2022-19-38(a), effective June 2, 2022 (Royal Assent).
(1) A professional association seeking designation of its profession under this Act must apply to the superintendent.
Section 85 (3) (a) and (b) BEFORE amended by 2022-19-38(b), effective June 2, 2022 (Royal Assent).
(a) refuse the application without investigation, or
(b) conduct an investigation the superintendent considers necessary to determine whether the profession should be designated under this Act.
Section 86 (1), (2), (3) and (6) BEFORE amended by 2022-19-39, effective June 2, 2022 (Royal Assent).
(1) The superintendent may, in the absence of an application under section 85 (1), investigate a profession to determine whether it should be designated under this Act.
(2) If the superintendent decides to conduct an investigation under subsection (1) or section 85 (3) (b) to determine whether a profession should be designated under this Act, the superintendent must give public notice of the investigation in the Gazette and on a website maintained by or on behalf of the superintendent.
(3) Without limiting an investigation under this Act, other than an investigation under Division 3 [Amalgamation of Regulatory Bodies], the superintendent may do one or more of the following for the purposes of the investigation:
(a) require the professional association to provide further information;
(b) examine the directors and officers of the professional association;
(c) seek the advice of other associations, organizations or persons;
(d) if the superintendent considers the action to be in the best interests of the professional association or the public, hold hearings the superintendent considers necessary in a manner the superintendent determines;
(e) evaluate the degree of risk to the health or safety of the public from incompetent, unethical or impaired practice of the profession;
(f) evaluate the degree of supervision that may be necessary or desirable for a person practising the profession;
(g) assess the degree of supervision that a person practising the profession receives or is likely to receive with respect to that practice;
(h) determine what educational programs exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the profession and evaluate the content of those programs;
(i) take other actions that the superintendent considers necessary and incidental to the consideration of the application or matter.
(6) Subject to the regulations, the superintendent may charge to a professional association part of the costs, including the administrative costs, incurred by the superintendent to conduct an investigation regarding the professional association's application under section 85 (1).
Section 87 BEFORE amended by 2022-19-40, effective June 2, 2022 (Royal Assent).
Designations
87 (1) If the superintendent receives an application under section 85 (1) or carries out an investigation under section 86 (1), the superintendent must determine whether it would be in the public interest to designate a profession under this Act, having regard to the information obtained during any investigation and in accordance with the prescribed criteria, if any.
(2) The superintendent must communicate the result of the investigation to the minister, who may determine whether the designation will be recommended to the Lieutenant Governor in Council and will provide the applicant with reasons for the recommendation to proceed with the application for the designation or for the refusal of the application.
Section 87 BEFORE re-enacted by 2023-49-7, effective November 30, 2023 (Royal Assent).
Designations
87 (1) If the superintendent receives an application under section 85 (1) or conducts an assessment under section 86 (1), the superintendent must determine whether it would be in the public interest to designate a profession under this Act, considering the following:
(a) the degree of risk to the environment and to the health or safety of the public from incompetent, unethical or impaired practice of the profession;
(b) the degree of supervision that may be necessary or desirable for a person practising the profession;
(c) the degree of supervision that a person practising the profession receives or is likely to receive with respect to that practice;
(d) the educational programs that may exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the profession and the contents of those programs;
(e) any information obtained during an assessment under section 86 (1), if applicable;
(f) any criteria prescribed under section 88 (c).
(2) The superintendent must communicate the result of the assessment to the minister, who may determine whether the designation will be recommended to the Lieutenant Governor in Council and will provide the applicant with reasons for the recommendation to proceed with the application for the designation or for the refusal of the application.
(3) If the minister makes a recommendation under subsection (2) to proceed with the application for the designation of a profession under this Act, the enactment under which the professional regulator for the profession, if any, is responsible for the governance of the profession is an affected Act for the purposes of section 124 [interim elections to board] of this Act.
Section 88 (c) BEFORE amended by 2022-19-41, effective June 2, 2022 (Royal Assent).
(c) criteria to be applied under section 87 (1) in determining whether it would be in the public interest to designate a regulated practice under this Act.
Section 88 (c) BEFORE repealed by 2023-49-8, effective November 30, 2023 (Royal Assent).
(c) criteria to be applied under section 87 (1) in determining whether it would be in the public interest to designate a profession under this Act.
Section 89 (1), (2) and (4) BEFORE amended by 2022-19-42(b) to (f), effective June 2, 2022 (Royal Assent).
(1) The Lieutenant Governor in Council may, by regulation, designate a regulatory body for the purposes of this Act.
(2) In respect of a designated regulatory body, the Lieutenant Governor in Council may, by regulation, prescribe the following matters:
(a) the name of the regulatory body responsible for carrying out the objects of this Act in respect of a prescribed profession or regulated practice;
(b) one or more titles to be used exclusively by registrants in accordance with Part 5 [Reserved Titles and Reserved Practice];
(c) limits or conditions in respect of the use of titles prescribed under paragraph (b) in accordance with Part 5;
(d) services that may be provided only by registrants in accordance with Part 5;
(e) services that may be provided under the supervision of a registrant by a person who is not a registrant;
(f) services that may be provided by a registrant despite a limitation or prohibition, including a limitation or prohibition under another enactment;
(g) restricted activities that may be performed by registrants in the course of providing services referred to in paragraphs (d) to (f) in accordance with section 43 (1) [restricted and specialized areas of practice];
(h) limits or conditions on the performance of restricted activities referred to in paragraph (g).
(4) If subsection (3) applies to a regulatory body, this Act, the regulations or the bylaws of the regulatory body may be applied to
Section 89 (0.1) BEFORE repealed by 2023-49-9(a), effective November 30, 2023 (Royal Assent).
(0.1) In this section, "designated profession" means a profession that is designated under subsection (1).
Section 89 (2) (a) BEFORE repealed by 2023-49-9(c), effective November 30, 2023 (Royal Assent).
(a) the name of the regulatory body responsible for carrying out the objects of this Act in respect of a designated profession;
Section 90 (5) and (6) BEFORE amended by 2022-19-43, effective June 2, 2022 (Royal Assent).
(5) On designation of a profession under section 89 (1) of this Act, the Lieutenant Governor in Council may, by regulation,
(a) repeal an Act, or provisions of the Act, that governed the professional association, and
(b) subject to subsection (6), address transitional matters related to the designation of the regulatory body in accordance with the transitional regulation-making authority described in section 129 (1) and (2) [transitional regulations] of this Act.
(6) The authority to make or amend a regulation under subsection (5) (b), but not the authority to repeal a regulation under that subsection, ends 3 years after the date on which the designated regulatory body is established.
Section 90 (2) (a) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(a) the council established under section 23 [council of regulatory body], and
Section 90 BEFORE repealed by 2023-49-11, effective November 30, 2023 (Royal Assent).
Regulatory body established
90 (1) On designation of a profession under section 89 (1), a regulatory body responsible for carrying out the objects of this Act is established.
(2) A regulatory body is a corporation consisting of
(a) the board established under section 23 [board of regulatory body], and
(b) the persons who are registrants of the regulatory body.
(3) For the purposes of exercising its powers and performing its duties under this Act, a regulatory body has the powers and capacity of a natural person of full capacity, including the power to acquire and dispose of property.
(4) The Business Corporations Act does not apply to a regulatory body unless the Lieutenant Governor in Council, by regulation, provides that specified provisions of that Act apply to the regulatory body, in which case the specified provisions apply.
(5) On designation of a profession under section 89 (1) of this Act, the Lieutenant Governor in Council may, by regulation,
(a) repeal an Act, or provisions of the Act, that governed the professional regulator, and
(b) subject to subsection (6), address transitional matters related to the designation of the profession in accordance with the transitional regulation-making authority described in section 129 (1) and (2) [transitional regulations] of this Act.
(6) The authority to make or amend a regulation under subsection (5) (b), but not the authority to repeal a regulation under that subsection, ends 3 years after the date on which the regulatory body is established.
Part 7, Division 2.2, section 90.4, was enacted by 2023-49-13, effective November 30, 2023 (Royal Assent).
Section 91 (1) definitions of "amalgamated regulatory body", "amalgamation date" and "former body" BEFORE amended by 2022-19-44, effective June 2, 2022 (Royal Assent).
"amalgamated regulatory body" means the regulatory body that results from an amalgamation of 2 or more regulatory bodies or, if applicable, professional associations, under this Division;
"amalgamation date" means, subject to subsection (2), the date on which the amalgamation of 2 or more regulatory bodies or, if applicable, professional associations, under this Division occurs;
"former body", in relation to an amalgamated regulatory body, means a regulatory body or, if applicable, professional association, that is amalgamating, or has amalgamated, under this Division with another regulatory body or, if applicable, professional association, to form the amalgamated regulatory body;
Section 92 (2) (part) BEFORE amended by 2022-19-45, effective June 2, 2022 (Royal Assent).
(2) Without limiting an investigation under this Division, the superintendent may do one or more of the following for the purposes of an investigation:
Section 92 (2) (b) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(b) examine registrants of the council and the registrar of a regulatory body;
Section 93 (2) (a) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(a) the council established under section 23 [council of regulatory body], and
Section 95 (1) BEFORE amended by 2022-19-46 and 2022-19-59 and 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) When regulatory bodies are amalgamated under this Division into an amalgamated regulatory body, all of the following occur on the amalgamation date:
(a) the councillors for each former body cease to hold office;
(b) the terms of the members of the first council for the amalgamated regulatory body begin;
(c) the bylaws of each former body may be replaced by the bylaws for the amalgamated regulatory body;
(d) the initial bylaws of the amalgamated regulatory body take effect, as made by that regulatory body's first council in accordance with the council's power to make bylaws under this Act for the regulatory body, which may continue, amend or repeal the bylaws of the former bodies;
(e) subject to section 96 (2) to (4) and a bylaw made under section 96 (5),
(i) the officers for each former body cease to hold office, and
(ii) the committees for each former body are disestablished;
(f) the registrar appointed under section 31 [registrar and register for regulatory body] begins to hold office.
Section 95 (3) and (4) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(3) For the purposes of providing an orderly transition from former bodies to an amalgamated regulatory body, the superintendent must appoint,
(a) under section 23 [council of regulatory body], the members of the first council for the amalgamated regulatory body, and
(b) the first registrar for the amalgamated regulatory body.
(4) For the purposes of providing an orderly transition from former bodies to an amalgamated regulatory body,
(a) the superintendent may, by order, appoint one or more persons to exercise the powers and perform the duties of a council of a former body, and
(b) subject to any limit or condition set by the superintendent, a person appointed under paragraph (a)
(i) has all of the powers, duties, rights and obligations of the council for the former body, to the extent that those powers, duties, rights and obligations relate to the amalgamation, and
(ii) may, before the amalgamation date, exercise a power and perform a duty referred to in subparagraph (i).
Section 96 (5), (7) and (8) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(5) The council of an amalgamated regulatory body may make a bylaw, subject to any limits or conditions the council considers necessary or advisable, authorizing an officer or a committee for a former body to continue to exercise a power or to perform a duty that the officer or the committee began to exercise or to perform, but did not complete, before the amalgamation date.
(7) If a bylaw described in subsection (5) takes effect on the amalgamation date,
(a) the bylaw is deemed to have been made under a bylaw-making authority of the council under this Act, and
(b) sections 37 (1) (c) [filing of bylaws] and 38 [disallowance of bylaws] do not apply for the purpose of making the bylaw but do apply for the purpose of amending or repealing the bylaw.
(8) If a bylaw described in subsection (5) is made after the amalgamation date, the bylaw is deemed to have been made under the applicable bylaw-making authority of the council under this Act if it is made in accordance with the applicable procedures for the bylaw.
Section 97 BEFORE amended by 2022-19-47, effective June 2, 2022 (Royal Assent).
Registrants and others on amalgamation
97 (1) When regulatory bodies are amalgamated under this Division into an amalgamated regulatory body, the persons who were, as of the amalgamation date,
(a) registrants or former registrants of each former body are deemed to be registrants or former registrants, as applicable, of the amalgamated regulatory body, and
(b) certified non-registrants or former certified non-registrants of each former body are deemed to be certified non-registrants or former certified non-registrants, as applicable, of the amalgamated regulatory body.
(2) A person who applied, before the amalgamation date, to be a registrant or certified non-registrant of a former body but whose application has not, as of the amalgamation date, been granted or refused is deemed to have made the application to the amalgamated regulatory body.
(3) Subject to the bylaws of the amalgamated regulatory body, if a bylaw made by a former body established a class or classes of registrants or certified non-registrants,
(a) a person referred to in subsection (1) continues to be a member of the same class or a comparable class established by the bylaws of the amalgamated regulatory body, and
(b) an applicant under subsection (2) is deemed to have applied to be a member of the same class or a comparable class established by the bylaws of the amalgamated regulatory body, as that stated in the application.
(4) Subject to the bylaws of the amalgamated regulatory body, a limit or condition, imposed under this Act on the following registrants or certified non-registrants before the amalgamation date, continues to apply until removed or varied in accordance with this Act:
(a) a registrant of a designated regulatory body in respect of the registrant's regulated practice;
(b) a certified non-registrant of a designated regulatory body in respect of the certified non-registrant's provision or performance of aspects of the regulated practice.
Section 101 BEFORE amended by 2022-19-48, effective June 2, 2022 (Royal Assent).
Recovery of penalties and other debts due
101 (1) An administrative penalty may be recovered in accordance with subsection (2) as a debt due to the government from the person on whom the administrative penalty was imposed.
(2) If a person fails to pay an administrative penalty as required under this Act, the superintendent may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.
(3) A certificate under subsection (2) may be in the prescribed form, must be signed by the superintendent and must contain
(a) the name of the person who is liable for the administrative penalty,
(b) particulars of the administrative penalty, and
(c) a statement of the amount of the administrative penalty under subsection (1).
Section 101 (3) BEFORE amended by 2023-39-75, effective July 1, 2024 (BC Reg 129/2024).
(3) A certificate under subsection (2) may be in the prescribed form, must be signed by the superintendent and must contain
(a) the name of the person who is liable for the administrative penalty or of the regulatory body that is liable for the annual fee,
(b) particulars of the administrative penalty or the annual fee, and
(c) a statement of the amount of the administrative penalty or the annual fee under subsection (1).
Section 104 BEFORE re-enacted by 2022-19-49, effective June 2, 2022 (Royal Assent).
Obstruction of superintendent
104 A person must not
(a) hinder, obstruct or interfere with, or attempt to hinder, obstruct or interfere with,
(b) supply false information to, or
(c) refuse or neglect to supply information to
the superintendent exercising the power to conduct an investigation or an audit under this Act, or a person acting under the direction of the superintendent in an investigation or audit.
Section 105 (2) was brought into force by 2018-47-105(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 105 BEFORE repealed by 2022-19-49, effective June 2, 2022 (Royal Assent).
Obstruction of inspection or search
105 (1) A person must not obstruct an inspector in the lawful exercise of powers or performance of duties under this Act.
(2) A person must not obstruct a person acting under section 70 [search and seizure under court order] or 71 [detention of things seized] or under an order made under those sections.
Section 106 (1) (a) to (c), (e) and (f) were brought into force by 2018-47-106(1)(a) to (c),(e),(f), effective February 5, 2021 (BC Reg 11/2021).
Section 106 (5) was brought into force by 2018-47-106(5), effective February 5, 2021 (BC Reg 11/2021).
Section 106 (1) (d) and (h) BEFORE repealed by 2022-19-50(a), effective June 2, 2022 (Royal Assent).
Section 106 (2) (part) BEFORE amended by 2022-19-50(c), effective June 2, 2022 (Royal Assent).
(2) A person who commits an offence under subsection (1) is liable on conviction,
Section 106 (6) to (8) BEFORE amended by 2022-19-59 and 62,Sch, effective June 2, 2023 (BC Reg 136/2023).
(6) Subject to subsection (7), an information alleging an offence against this Act may be laid
(a) by the superintendent on oath or by affirmation, or
(b) in the name of a council of a regulatory body on oath or by affirmation of the president or a person authorized by the council.
(7) The time limit for laying an information, under subsection (6), to commence a prosecution for an offence is
(a) 2 years after the date on which the act or omission that is alleged to constitute the offence occurred, or
(b) if the superintendent or, in respect of a council of a regulatory body, the president or person authorized by the council issues a certificate described in subsection (8), 2 years after the date on which the superintendent or the council learned of the act or omission referred to in paragraph (a).
(8) A certificate purporting to have been issued by the superintendent or, in respect of a council of a regulatory body, the president or person authorized by the council certifying the date referred to in subsection (7) (b) is proof of that date.
Section 107 (1) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) The superintendent, the council of a regulatory body or any other person may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening a provision of this Act, the regulations or the bylaws.
Section 108 BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
Contempt
108 On application of the superintendent, the council of a regulatory body or a person interested in the proceeding, the court in which a proceeding is brought may find the person in breach of section 52 [prohibition and limitation — use of reserved titles] or 54 [prohibitions regarding reserved practice] to be in contempt and punish that person accordingly.
Section 109 (1) (b) (ii) was brought into force by 2018-47-109(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 109 (1) (b) (ii) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(ii) the council of the regulatory body in relation to which the power or duty is exercised or performed.
Section 112 (1) and (4) BEFORE amended by 2022-19-59 to 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
(1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the superintendent, a councillor, a regulatory body or a person acting on behalf of or under the direction of the superintendent, a council or a regulatory body because of anything done or omitted
(a) in the performance or intended performance of any duty under this Act, or
(b) in the exercise or intended exercise of any power under this Act.
(4) The council of a regulatory body may purchase and maintain insurance
(a) protecting the regulatory body and current and former councillors, employees, officers and panel members against liability arising out of the operations or activities of the regulatory body, and
(b) providing for indemnity with respect to any claims arising out of acts done or omitted in good faith by those persons while acting or purporting to act on behalf of the regulatory body.
Section 112 (3) BEFORE amended by 2023-39-77, effective July 1, 2024 (BC Reg 129/2024).
(3) Subsection (1) does not absolve the office of the superintendent of professional governance or the regulatory body, as the case may be, from vicarious liability arising out of anything done or omitted by the person referred to in that subsection for which the office or the regulatory body would be vicariously liable if this section were not in force.
Section 118 (2) (f) (vi) BEFORE amended by 2019-36-6(a), effective December 2, 2019 (BC Reg 252/2019).
(vi) prescribing information or documents or classes of information or documents the superintendent must make public for the purposes of section 18 (2) [public interest disclosure] of this Act;
Section 118 (2) (a) was brought into force by 2018-47-118(2)(a), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (2) (b) (i) and (ii) were brought into force by 2018-47-118(2)(b)(part), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (2) (c) to (e) were brought into force by 2018-47-118(2)(c) to (e), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (2) (f) (v) and (vii) were brought into force by 2018-47-118(2)(f)(part), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (2) (g) (i) to (iii) and (v) to (xii) were brought into force by 2018-47-118(2)(g)(part), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (2) (h) and (i) were brought into force by 2018-47-118(2)(h),(i), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (2) (j) (i), (ii), (iv), (v) and (vi) were brought into force by 2018-47-118(2)(j)(part), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (2) (k) was brought into force by 2018-47-118(2)(k), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (3) was brought into force by 2018-47-118(3), effective February 5, 2021 (BC Reg 11/2021).
Section 118 (2) (k) (i) (part) BEFORE amended by 2022-19-51(c), effective June 2, 2022 (Royal Assent).
Section 118 (2) (k) (i) (B) BEFORE amended by 2022-19-51(d), effective June 2, 2022 (Royal Assent).
(B) prescribing criteria for the designation of professionals under this Act for the purposes of section 87 (1) [designations],
Section 118 (2) (g) (iii) to (vi) BEFORE amended by 2022-19-60 to 62,Sch, effective June 2, 2023 (BC Reg 136/2023).
(iii) for the purposes of section 23 [council of regulatory body],
(A) prescribing requirements for the election of the president of a regulatory body, and
(B) providing for exceptions to the prohibition in respect of councillors of a regulatory body being members of committees or panels of the regulatory body;
(iv) prescribing the process and selection principles for the purposes of section 25 [selection principles and criteria];
(v) prescribing the requirements for election of councillors for the purposes of section 26 [election of registrant councillors];
(vi) prescribing the manner by which a person appointed as a councillor must take and sign an oath of office and exceptions to this requirement for the purposes of section 28 [oath of office];
Section 118 (2) (h) (i) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(i) providing for the bylaw-making authority of the council in respect of rights and privileges of registrants for the purposes of section 42 (2) (c) [categories of registrants and bylaws for categories of registrants];
Section 118 (3) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(3) Without limiting subsection (1) or (2), the Lieutenant Governor in Council may make regulations in respect of a regulatory body or for a council or committee in respect of the following:
(a) council or committee powers, functions and bylaws;
Section 118 (2) (g) (i) was renumbered as 118 (2) (g) (i.1) and (i) added by 2023-49-14, effective November 30, 2023 (Royal Assent).
Section 118 (2) (k) (i) (B), (D), (G) and (I) BEFORE repealed by 2023-49-15(a), effective November 30, 2023 (Royal Assent).
(B) prescribing criteria for the designation of professions under this Act for the purposes of section 87 (1) [designations],
(D) prescribing matters and designating a regulatory body for the purposes of section 89 [designation of profession],
(G) providing that specified provisions of the Business Corporations Act apply to a regulatory body for the purposes of section 90 (4) [regulatory body established],
(I) providing for transitional matters, for the purposes of section 90 (5) (b);
Section 118 (2) (k) (i) (B.1), (D.1), (D.2), (G.1) and (J) were added by 2023-49-15(b), effective November 30, 2023 (Royal Assent).
Section 118 (2) (k) (i) (H) BEFORE amended by 2023-49-15(c), effective November 30, 2023 (Royal Assent).
(H) repealing Acts, or provisions in Acts, for the purposes of section 90 (5) (a), and
Section 118 (2) (i) BEFORE amended by 2025-7-75, effective May 29, 2025 (Royal Assent).
(i) in respect of the following matters under Part 5 [Reserved Titles and Reserved Practice]:
(i) providing for the use of a reserved title or the right of practice of a reserved practice for the purposes of section 51 (1) [exclusivity of reserved titles and right of practice of reserved practice];
(ii) prescribing a reserved title for the purposes of section 51 (1) (a);
(iii) prescribing a reserved practice for the purposes of section 51 (1) (b);
(iv) amending Schedules 2 and 3 to this Act for the purposes of section 51 (2);
Section 119 (c) BEFORE amended by 2025-7-76, effective May 29, 2025 (Royal Assent).
(c) make different regulations for different persons, regulatory bodies, places, things, decisions, transactions or activities.
Section 122 (2) (b) to (h) were brought into force by 2018-47-122(rem), effective February 5, 2021 (BC Reg 11/2021).
Section 122 (2) (b) BEFORE amended by 2022-19-60,Sch, effective June 2, 2023 (BC Reg 136/2023).
(b) under section 118 (2) (g) (vi), prescribing the manner by which a person appointed as a councillor must take and sign an oath of office and exceptions to this requirement for the purposes of section 28 [oath of office];
Section 122 (2) (h) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(h) under section 118 (3), establishing regulations in respect of a regulatory body for a council or a committee.
Section 123 (1) definition of "affected body" BEFORE amended by 2022-19-52, effective June 2, 2022 (Royal Assent).
"affected body" means a professional association in respect of an affected Act;
Section 123 (1) definition of "affected council" BEFORE repealed by 2022-19-53, effective June 2, 2023 (BC Reg 136/2023).
"affected council" means a council under an affected Act;
Section 123 (1) definition of "affected board" was added by 2022-19-53, effective June 2, 2023 (BC Reg 136/2023).
Section 123 (2) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) For the purposes of this Act, a reference to "bylaws" in relation to an affected body includes the bylaws, rules or resolutions made under the affected Act by an affected council before the affected body is continued under this Act, unless the context otherwise requires.
Section 124 BEFORE amended by 2022-19-55, effective June 2, 2023 (BC Reg 136/2023).
Interim elections to council
124 Despite any provisions in an affected Act or bylaws made under an affected Act, from the date of the coming into force of this section, each councillor or council member under the affected Act may only be elected to a council under the affected Act as follows:
(a) the councillor or council member, as applicable, must be nominated by a committee that, under the affected Act, has the purpose of nominating or selecting members for election;
(b) the committee must nominate qualified members in accordance with the process and selection principles referred to in section 25 [principles and criteria for councillor selection] of this Act and bylaws of the council that are not inconsistent with this section.
Section 124.1 (2) to (4) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) For purposes relating to the administration of an affected body in respect of this Act, an affected council under an affected Act may, if the affected body is prescribed by regulation, make bylaws or pass resolutions to set or increase a fee that is payable by affected members, despite any requirement for ratification or other approval of bylaws or resolutions in respect of fees under the affected Act.
(3) The authority of an affected council to make bylaws or pass resolutions to set or increase a fee under subsection (2) is subject to the following restrictions:
(a) the fee that is payable in respect of a particular year may be either set or increased, but not both, only once;
(b) if the amount of the fee or the rate of its increase is prescribed by regulation, the fee may be set or increased at an amount or rate that is not more than the prescribed amount or rate.
(4) Subject to subsection (3), an affected council that makes bylaws or passes resolutions under this section may
(a) set different fees for different categories or classes of affected members, and
(b) determine whether to set or increase fees if both the amount of the fee and the rate of its increase are prescribed by regulation.
Section 125 (part) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
Inconsistent bylaws
125 Despite section 84 [regulatory bodies continued], if a regulatory body has bylaws made under an affected Act that are not continued due to inconsistency with this Act, the inconsistent bylaws may continue to be applicable for one year after the reference date and the council of the regulatory body must, as applicable, do the following:
Section 126 (1) definition of "continued lay councillor", paragraph (a) BEFORE amended by 2022-19-56, effective June 2, 2022 (Royal Assent).
Section 126 (1) definition of "continued registrant councillor", paragraph (a) BEFORE amended by 2022-19-56, effective June 2, 2022 (Royal Assent).
Section 126 (1) definitions of "continued lay councillor" and "continued registrant councillor" BEFORE repealed by 2022-19-57(a), effective June 2, 2023 (BC Reg 136/2023).
"continued lay councillor" means a councillor of a regulatory body who
(a) is not a registrant of the regulatory body, and
(b) was appointed under the affected Act and continues as a councillor under section 84 [regulatory bodies continued];
"continued registrant councillor" means a councillor of a regulatory body who
(a) is a registrant of the regulatory body, and
(b) was elected or appointed under the affected Act and continues as a councillor under section 84.
Section 126 (1) definitions of "continued lay board member" and "continued registrant board member" were added by 2022-19-57(a), effective June 2, 2023 (BC Reg 136/2023).
Section 126 (4) BEFORE amended by 2022-19-57(b) and 2022-19-60,Sch, effective June 2, 2023 (BC Reg 136/2023).
(4) On the occurrence of any conditions described under section 26 (4), an individual registrant councillor's term as a continued councillor is deemed to be an ending of the term under section 84 (6).
Section 126 (2), (3) and (5) BEFORE amended by 2022-19-59 to 61,Sch, effective June 2, 2023 (BC Reg 136/2023).
(2) If a council that is continued under section 84 has more than 7 continued registrant councillors on the date that section comes into force, until the number of continued registrant councillors is reduced to 7, the council has the following composition:
(a) the actual number of continued registrant councillors;
(b) up to 4 lay councillors, including
(i) the actual number of continued lay councillors, and
(ii) lay councillors appointed under section 27 [appointment of lay councillors], if any.
(3) Despite section 26 [election of registrant councillors], a council that is continued under section 84 may not, until the actual number of continued registrant councillors is 7 or less,
(a) elect registrant councillors, or
(b) temporarily appoint a registrant to replace a continued registrant councillor.
(5) For certainty, an individual who is a continued registrant councillor may be elected in accordance with section 26,
(a) after the expiry of the term that applied on the date section 84 comes into force, and
(b) when the election of registrant councillors is permitted under subsection (3).
Section 127 (5) BEFORE amended by 2022-19-59,Sch, effective June 2, 2023 (BC Reg 136/2023).
(5) The council of a regulatory body may make a bylaw, in accordance with this Act and subject to any limits or conditions prescribed by the Lieutenant Governor in Council or that the council considers necessary or advisable, authorizing an officer or a committee for an affected body to continue to exercise a power or to perform a duty that the officer or the committee began to exercise or to perform, but did not complete, before the reference date.
Schedule 1, section 1 (f) was added by BC Reg 32/2023 under 2018-47-118,119, effective February 10, 2023 (BC Reg 32/2023).
Schedule 1, section 7 was enacted by BC Reg 32/2023 under 2018-47-118,119, effective February 10, 2023 (BC Reg 32/2023).
Schedule 2 item "Architectural Institute of British Columbia" was added by BC Reg 32/2023 under 2018-47-118,119, effective February 10, 2023 (BC Reg 32/2023).