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Volume 67, No. 11
132/2024
The British Columbia Gazette, Part II
June 18, 2024

B.C. Reg. 132/2024, deposited June 17, 2024, under the ADULT GUARDIANSHIP ACT [section 63 (2)], COMMUNITY CARE AND ASSISTED LIVING ACT [section 34], COMMUNITY LIVING AUTHORITY ACT [sections 11, 27 and 29], EMPLOYMENT AND ASSISTANCE ACT [sections 13 (3), 17 (5), 35 to 37 and 40], EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26], EMPLOYMENT STANDARDS ACT [sections 16 and 127], EVIDENCE ACT [section 51], FAMILY LAW ACT [sections 51, 245, 247, 248 and 249 (5) and (6)], HEALTH CARE (CONSENT) AND CARE FACILITY (ADMISSION) ACT [sections 34 and 35.1], HOME OWNER GRANT ACT [section 18], LIQUOR CONTROL AND LICENSING ACT [section 11], PROVINCIAL SALES TAX ACT [sections 236 and 241 to 243], RESIDENTIAL TENANCY ACT [section 97] and WORKERS COMPENSATION ACT [sections 109 (3) and 315]. Order in Council 339/2024, approved and ordered June 17, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective June 28, 2024, the following regulations are amended as set out in the attached Schedule:

(a) Assisted Living Regulation, B.C. Reg. 189/2019;

(b) Community Living Authority Regulation, B.C. Reg. 231/2005;

(c) Designation Regulation No. 2, B.C. Reg. 125/99;

(d) Employment and Assistance Regulation, B.C. Reg. 263/2002;

(e) Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002;

(f) Employment Standards Regulation, B.C. Reg. 396/95;

(g) Family Law Act Regulation, B.C. Reg. 347/2012;

(h) Health Care Consent Regulation, B.C. Reg. 20/2000;

(i) Home Owner Grant Regulation, B.C. Reg. 100/2002;

(j) Liquor Control and Licensing Regulation, B.C. Reg. 241/2016;

(k) Provincial Sales Tax Exemption and Refund Regulation, B.C. Reg. 97/2013;

(l) Residential Care Regulation, B.C. Reg. 96/2009;

(m) Residential Tenancy Regulation, B.C. Reg. 477/2003;

(n) Statutory Property Guardianship Regulation, B.C. Reg. 115/2014;

(o) Workers Compensation Act Appeal Regulation, B.C. Reg. 321/2002.

— A. DIX, Minister of Health; A. KANG, Presiding Member of the Executive Council.

Schedule

Assisted Living Regulation

1 Section 44 (3) of the Assisted Living Regulation, B.C. Reg. 189/2019, is repealed and the following substituted:

(3) A person who is one of the following is a health professional for the purposes of subsection (2) (a):

(a) a medical practitioner;

(b) a person who is authorized under the Health Professions Act to practise the designated health profession of nursing, psychiatric nursing, occupational therapy or psychology;

(c) a registrant within the meaning of the Social Workers Act.

Community Living Authority Regulation

2 Section 1 of the Community Living Authority Regulation, B.C. Reg. 231/2005, is amended by repealing the definition of "registered practitioner" and substituting the following:

"registered practitioner" means a person who is authorized under the Health Professions Act to practise the designated health profession of psychology; .

Designation Regulation No. 2

3 Section 1 (g) and (i) of the Designation Regulation No. 2, B.C. Reg. 125/99, is repealed and the following substituted:

(g) the College of Health and Care Professionals of British Columbia, but only with respect to health care professionals who are authorized to practise the designated health profession of physical therapy;

(i) the College of Complementary Health Professionals of British Columbia, but only with respect to health care professionals who are authorized to practise the designated health profession of massage therapy; .

Employment and Assistance Regulation

4 Section 1 (1) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended by repealing the definition of "dietitian" and substituting the following:

"dietitian" means a person who is authorized under the Health Professions Act to practise the designated health profession of dietetics; .

5 Section 1 of Schedule C is amended

(a) by repealing the definitions of "audiologist", "hearing instrument practitioner", "occupational therapist", "optician", "optometrist" and "physical therapist" and substituting the following:

"audiologist" means a person who is authorized under the Health Professions Act to practise the designated health profession of audiology;

"hearing instrument practitioner" means a person who is authorized under the Health Professions Act to practise the designated health profession of hearing instrument dispensing;

"occupational therapist" means a person who is authorized under the Health Professions Act to practise the designated health profession of occupational therapy;

"optician" means a person who is authorized under the Health Professions Act to practise the designated health profession of opticianry;

"optometrist" means a person who is authorized under the Health Professions Act to practise the designated health profession of optometry;

"physical therapist" means a person who is authorized under the Health Professions Act to practise the designated health profession of physical therapy; , and

(b) by adding the following definitions:

"acupuncturist" means a person who is authorized under the Health Professions Act to practise the designated health profession of acupuncture;

"chiropractor" means a person who is authorized under the Health Professions Act to practise the designated health profession of chiropractic;

"massage therapist" means a person who is authorized under the Health Professions Act to practise the designated health profession of massage therapy;

"naturopath" means a person who is authorized under the Health Professions Act to practise the designated health profession of naturopathic medicine;

"podiatrist" means a person who is authorized under the Health Professions Act to practise the designated health profession of podiatry; .

6 Section 2 (1) (c) is amended by repealing the table and substituting the following:

Item

Column 1

Service

Column 2

Provided by

1

acupuncture

acupuncturist

2

chiropractic

chiropractor

3

massage therapy

massage therapist

4

naturopathic medicine

naturopath

5

non-surgical podiatry

podiatrist

6

physical therapy

physical therapist

Employment and Assistance for Persons with Disabilities Regulation

7 Section 1 (1) of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended by repealing the definition of "dietitian" and substituting the following:

"dietitian" means a person who is authorized under the Health Professions Act to practise the designated health profession of dietetics; .

8 Section 1 of Schedule C is amended

(a) by repealing the definitions of "audiologist", "hearing instrument practitioner", "occupational therapist", "optician", "optometrist" and "physical therapist" and substituting the following:

"audiologist" means a person who is authorized under the Health Professions Act to practise the designated health profession of audiology;

"hearing instrument practitioner" means a person who is authorized under the Health Professions Act to practise the designated health profession of hearing instrument dispensing;

"occupational therapist" means a person who is authorized under the Health Professions Act to practise the designated health profession of occupational therapy;

"optician" means a person who is authorized under the Health Professions Act to practise the designated health profession of opticianry;

"optometrist" means a person who is authorized under the Health Professions Act to practise the designated health profession of optometry;

"physical therapist" means a person who is authorized under the Health Professions Act to practise the designated health profession of physical therapy; , and

(b) by adding the following definitions:

"acupuncturist" means a person who is authorized under the Health Professions Act to practise the designated health profession of acupuncture;

"chiropractor" means a person who is authorized under the Health Professions Act to practise the designated health profession of chiropractic;

"massage therapist" means a person who is authorized under the Health Professions Act to practise the designated health profession of massage therapy;

"naturopath" means a person who is authorized under the Health Professions Act to practise the designated health profession of naturopathic medicine;

"podiatrist" means a person who is authorized under the Health Professions Act to practise the designated health profession of podiatry; .

9 Section 2 (1) (c) is amended by repealing the table and substituting the following:

Item

Column 1

Service

Column 2

Provided by

1

acupuncture

acupuncturist

2

chiropractic

chiropractor

3

massage therapy

massage therapist

4

naturopathic medicine

naturopath

5

non-surgical podiatry

podiatrist

6

physical therapy

physical therapist

Employment Standards Regulation

10 Section 31 (d), (j) and (k) of the Employment Standards Regulation, B.C. Reg. 396/95, is repealed and the following substituted:

(d) a person who is authorized under the Health Professions Act to practise the designated health profession of chiropractic,

(j) a person who is authorized under the Health Professions Act to practise the designated health profession of naturopathic medicine,

(k) a person who is authorized under the Health Professions Act to practise the designated health profession of optometry, .

Family Law Act Regulation

11 Section 5 (2) (b) (i) of the Family Law Act Regulation, B.C. Reg. 347/2012, is repealed and the following substituted:

(i) the individual is authorized under the Health Professions Act to practise the designated health profession of psychology or is a registrant within the meaning of the Social Workers Act.

12 Section 6 (1) (a) (ii) is repealed and the following substituted:

(ii) the College of Health and Care Professionals of British Columbia, .

Health Care Consent Regulation

13 Section 16 of the Health Care Consent Regulation, B.C. Reg. 20/2000, is repealed and the following substituted:

Prescribed health care providers

16 The classes of health care providers who are prescribed as assessors for the purposes of the Act are as follows:

(a) persons who are authorized under the Health Professions Act to practise the designated health profession of nursing, psychiatric nursing, occupational therapy or psychology;

(b) registrants within the meaning of the Social Workers Act.

Home Owner Grant Regulation

14 Section 2 (1) of the Home Owner Grant Regulation, B.C. Reg. 100/2002, is amended in the definition of "health professional" by repealing paragraphs (c) and (d) and substituting the following:

(c) a person who is authorized under the Health Professions Act to practise the designated health profession of occupational therapy or psychology; .

Liquor Control and Licensing Regulation

15 Section 192 (6) (b) of the Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, is repealed and the following substituted:

(b) a person who is one of the following, if the ethyl alcohol is for use only in connection with the person’s practice:

(i) a medical practitioner or nurse practitioner;

(ii) a person who is authorized under the Health Professions Act to practise the designated health profession of dentistry or naturopathic medicine;

(iii) a person who is authorized under the Veterinarians Act to practise veterinary medicine; .

Provincial Sales Tax Exemption and Refund Regulation

16 Section 3 (1) (i) of the Provincial Sales Tax Exemption and Refund Regulation, B.C. Reg. 97/2013, is amended

(a) in subparagraph (i) by striking out "a person registered as a member of the College of Opticians of British Columbia" and substituting "a person who is authorized under the Health Professions Act to practise the designated health profession of opticianry", and

(b) in subparagraph (ii) by striking out "a practitioner or a person registered as a member of the College of Opticians ofBritish Columbia" and substituting "a person referred to in subparagraph (i)".

Residential Care Regulation

17 Section 1 of the Residential Care Regulation, B.C. Reg. 96/2009, is amended by repealing the definition of "dietitian" and substituting the following:

"dietitian" means a person who is authorized under the Health Professions Act to practise the designated health profession of dietetics; .

Residential Tenancy Regulation

18 Section 39 (j) of the Residential Tenancy Regulation, B.C. Reg. 477/2003, is repealed and the following substituted:

(j) a person who is authorized under the Health Professions Act to practise the designated health profession of psychology; .

19 Section 40 (c) is repealed and the following substituted:

(c) a person who is designated for this purpose by a board within the meaning of the Health Authorities Act and who is

(i) referred to in section 39 (g) to (j) or (l), or

(ii) authorized under the Health Professions Act to practise the designated health profession of occupational therapy.

Statutory Property Guardianship Regulation

20 Section 3 (2) and (3) of the Statutory Property Guardianship Regulation, B.C. Reg. 115/2014, is repealed and the following substituted:

(2) The classes of health care providers who are prescribed as qualified health care providers are as follows:

(a) persons who are authorized under the Health Professions Act to practise the designated health profession of nursing, psychiatric nursing, occupational therapy or psychology;

(b) registrants within the meaning the Social Workers Act.

(3) A person referred to in subsection (2) may exercise powers and perform duties as a qualified health care provider only if

(a) the board for the college that is responsible, under the Health Professions Act or the Social Workers Act, for governing the practice of the person’s designated health profession or the practice of social work, as applicable, has established standards, limits or conditions respecting eligibility to act as qualified health care providers, and

(b) the person is eligible under, and acting in accordance with, all applicable standards, limits and conditions referred to in paragraph (a).

Workers Compensation Act Appeal Regulation

21 Section 5 (c) of the Workers Compensation Act Appeal Regulation, B.C. Reg. 321/2002, is repealed and the following substituted:

(c) authorization under the Health Professions Act to practise the designated health profession of psychology; .


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