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Volume 67, No. 4
42/2024
The British Columbia Gazette, Part II
March 12, 2024

B.C. Reg. 42/2024, deposited March 6, 2024, under the ADMINISTRATIVE TRIBUNALS ACT [section 60], ASSESSMENT ACT [section 74], BUSINESS PRACTICES AND CONSUMER PROTECTION ACT [section 194], DRINKING WATER PROTECTION ACT [section 48], EMERGENCY INTERVENTION DISCLOSURE ACT [section 14], EMPLOYMENT STANDARDS ACT [section 127], ENVIRONMENTAL MANAGEMENT ACT [section 138], EVIDENCE ACT [section 41.1], FAMILY LAW ACT [section 247], FAMILY MAINTENANCE ENFORCEMENT ACT [section 51], HEALTH AUTHORITIES ACT [section 21], HOMEOWNER PROTECTION ACT [section 32], LABORATORY SERVICES ACT [section 74], MILK INDUSTRY ACT [section 40], MOTOR DEALER ACT [section 38], MUSKWA-KECHIKA MANAGEMENT AREA ACT [section 17] and PUBLIC HEALTH ACT [section 113]. Order in Council 109/2024, approved and ordered March 6, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective March 6, 2024,

(a) the regulations set out in the attached Schedule 1 are amended as set out in that Schedule, and

(b) the Hazardous Waste Regulation, B.C. Reg. 63/88, is amended as set out in the attached Schedule 2.

— B. BAILEY, Minister of Jobs, Economic Development and Innovation; P. ALEXIS, Presiding Member of the Executive Council.

Schedule 1

Assessment Act Regulation

1 Form 2 of the Assessment Act Regulation, B.C. Reg. 433/98, is repealed and the following substituted:

Form
Authorization to Receive Confidential Property Information

Building Envelope Renovation Regulation

2 Section 4 (1) (a) of the Building Envelope Renovation Regulation, B.C. Reg. 240/2000, is amended by striking out "address, telephone" and substituting "address, email address, telephone".

Disclosure of the Cost of Consumer Credit Regulation

3 Section 14 (1) of the Disclosure of the Cost of Consumer Credit Regulation, B.C. Reg. 273/2004, is amended by striking out "a paper copy of" and substituting "a copy of".

Drinking Water Protection Regulation

4 Section 10 (b) of the Drinking Water Protection Regulation, B.C. Reg. 200/2003, is repealed and the following substituted:

(b) if normal business practices provide an opportunity,

(i) verbally advise or notify by email any person who may use the domestic water system for a domestic purpose that the water is not potable water, or

(ii) post on a website maintained by or on behalf of the owner a notice that the water provided by the domestic water system is not or may not be potable water.

Electronic Court Documents Regulation

5 Section 2 of the Electronic Court Documents Regulation, B.C. Reg. 60/2005, is amended by adding the following paragraph:

(h) the Provincial Court Scheduling System.

Emergency Intervention Disclosure Regulation

6 The Schedule of the Emergency Intervention Disclosure Regulation, B.C. Reg. 33/2013, is amended by repealing the form entitled "Application to Obtain a Testing Order" and substituting the following:

Form
Application to Obtain a Testing Order

Employment Standards Regulation

7 Section 6.2 (1) (b) of the Employment Standards Regulation, B.C. Reg. 396/95, is repealed and the following substituted:

(b) by cheque, draft or money order made payable to the Minister of Finance, or by any form of electronic payment or transfer of funds to the Minister of Finance.

8 Section 13 (1) (a) is amended by striking out "and fax number" and substituting "and email address".

9 Section 51 is amended by adding ", or by any form of electronic payment or transfer of funds to the Minister of Finance" after "Minister of Finance".

Family Law Act Regulation

10 Section 13 (1.1) of the Family Law Act Regulation, B.C. Reg. 347/2012, is repealed and the following substituted:

(1.1) A request under section 13 (1) may be made by

(a) posting the request to the person on the website operated and maintained by the child support service if the person has set up access to that website, or

(b) emailing the request to the person if the person has provided an email address.

11 Section 14 (1.1) is repealed and the following substituted:

(1.1) A request under section 14 (1) may be made by

(a) posting the request to the party on the website operated and maintained by the child support service if the party has set up access to that website, or

(b) emailing the request to the person if the person has provided an email address.

12 Section 17 (2) is repealed and the following substituted:

(2) Notification under subsection (1) of this section may be

(a) sent by regular mail or email to the last known address or email address of the party in the records of the child support service, or

(b) posted to the website operated and maintained by the child support service if the party has set up access to that website.

Family Maintenance Enforcement Act Regulation

13 Section 13.3 of the Family Maintenance Enforcement Act Regulation, B.C. Reg. 346/88, is repealed and the following substituted:

Service on director

13.3  (1) A notice or other document may be served on the director by

(a) mailing the notice or other document by registered mail to any postal address provided by the director for that purpose, or

(b) emailing the notice or other document to an email address provided by the director for that purpose.

(2) If a notice or other document is emailed to the director, the following may be used to prove email transmission:

(a) a printout of the first page of the email message that includes the sender’s name, the recipient’s email address and the time and date of email transmission, and

(b) a printout of an automatic reply from the recipient’s email address.

14 Section 20.01 is amended

(a) in subsection (1) by adding the following paragraph:

(a.1) emailing a copy to an email address provided to the director for that purpose, , and

(b) by repealing subsection (2) and substituting the following:

(2) A notice given under subsection (1) (a.1), (b) or (c) is deemed to be received by the debtor 7 days after the notice is emailed, mailed or posted, as the case may be.

15 Section 20.1 is amended

(a) in subsection (1) by adding the following paragraph:

(a.1) emailing a copy to an email address provided to the director for that purpose, , and

(b) by repealing subsection (2) and substituting the following:

(2) A notice given under subsection (1) (a.1), (b) or (c) is deemed to be received by the debtor 7 days after the notice is emailed, mailed or posted, as the case may be.

Homeowner Protection Act Regulation

16 Section 4 (1) (a) of the Homeowner Protection Act Regulation, B.C. Reg. 29/99, is amended by striking out "address, telephone" and substituting "address, email address, telephone".

17 Section 4.1 (3) (a) (i) is repealed and the following substituted:

(i) name, address and email address, .

18 Section 15 (2) is repealed.

Hospital Transfer Regulation

19 Section 1 (b) of the Hospital Transfer Regulation, B.C. Reg. 359/94, is amended by striking out "council voting in person or by proxy after" and substituting "council by voting personally or by proxy after".

Laboratory Services Regulation

20 Section 22 of the Laboratory Services Regulation, B.C. Reg. 52/2015, is amended by adding the following subsection:

(2.1) For the purposes of a response in accordance with subsection (2) (a) (ii), a person and the person’s legal counsel may appear by means of electronic or other communication facilities if agreed to by the minister.

Milk Industry Standards Regulation

21 Section 8 of the Milk Industry Standards Regulation, B.C. Reg. 464/81, is amended

(a) in subsection (1) by striking out "shall" wherever it appears and substituting "must",

(b) in subsection (2) by striking out "shall" and substituting "must",

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

(3) The vendor must make payment under subsection (2) by cash, cheque, money order or any form of electronic payment or transfer of funds. , and

(d) in subsection (4) by striking out "shall" wherever it appears and substituting "must".

Motor Dealer Act Regulation

22 Section 21 (3) of the Motor Dealer Act Regulation, B.C. Reg. 447/78, is amended by striking out "a duplicative copy of" and substituting "a copy of".

Muskwa-Kechika Management Plan Regulation

23 Section 5.3.1 of the Muskwa-Kechika Management Plan Regulation, B.C. Reg. 53/2002, is amended

(a) by striking out "publish in the Gazette and in a newspaper a notice" and substituting "publish in the Gazette, in a newspaper, and on a publicly accessible website maintained by or on behalf of the minister, a notice", and

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

(d) that comments on the proposal may be delivered to the regional or district office of any of the Ministry of Environment and Climate Change Strategy, Ministry of Forests and Ministry of Jobs, Economic Development and Innovation within 60 days of the date of the last publication of the notice in the Gazette, in a newspaper or on a publicly accessible website maintained by or on behalf of the minister.

24 Section 5.3.2 is amended by striking out "publish in the Gazette and in a newspaper a notice" and substituting "publish in the Gazette, in a newspaper, and on a publicly accessible website maintained by or on behalf of the minister, a notice".

Open Burning Smoke Control Regulation

25 Section 29 (3) (b) of the Open Burning Smoke Control Regulation, B.C. Reg. 152/2019, is repealed and the following substituted:

(b) publish the decision

(i) in a publicly accessible printed or electronic newspaper circulating in the area affected by the decision and includes a newspaper that is free and that does not require a subscription, or

(ii) on a website maintained by or on behalf of the minister.

26 Section 33 is amended by striking out

Email:

envprotdiv@Victoria1.gov.bc.ca

and substituting the following:

Email:

obscr@gov.bc.ca .

Reporting Information Affecting Public Health Regulation

27 Section 7 (b) of the Reporting Information Affecting Public Health Regulation, B.C. Reg. 167/2018, is amended by striking out "in person or orally," and substituting "in person, or by telephone, fax, text message or email".

Security for Costs (Administrative Tribunals) Regulation

28 Section 2 (b) of the Security for Costs (Administrative Tribunals) Regulation, B.C. Reg. 238/2015, is repealed and the following substituted:

(b) the applicant or intervener, or a representative of the applicant or intervenor, fails to attend a hearing as directed by the tribunal, without reasonable excuse.

Waste Discharge Regulation

29 Section 4 (3) (a) of the Waste Discharge Regulation, B.C. Reg. 320/2004, is repealed and the following substituted:

(a) be provided to a director in the manner specified by the director, and .

30 Section 8 is amended

(a) in subsection (2) (c) by adding "printed or electronic" after "one or more", and

(b) in subsection (3) (b) by adding "or in other public places specified by the director" after "specified by the director".

Schedule 2

Hazardous Waste Regulation

1 Section 42.3 (1) (a) (iii) and (iv) of the Hazardous Waste Regulation, B.C. Reg. 63/88, is amended by striking out "address, telephone number" and substituting "address, email address, telephone number".

2 Section 51 (4) is amended

(a) in paragraph (a) by striking out "in one or more newspapers" and substituting "in one or more printed or electronic newspapers", and

(b) in paragraph (c) by adding "or in other public places specified by the director" after "Canada Post Corporation".

3 Schedule 5 is amended by repealing Forms 1, 2, 3, 5 and 6 and substituting the following:

Form 1

Form 2

Form 3

Form 5

Form 6


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