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This Act is current to May 27, 2020
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Professional Governance Act

[SBC 2018] CHAPTER 47

Assented to November 27, 2018

Contents
Part 1 — Definitions and Application
1Definitions and interpretation
2-3Not in force
Part 2 — Superintendent of Professional Governance
Division 1 — Appointment of Superintendent
4Office of the superintendent of professional governance established
5Superintendent's power to delegate
6Professional Governance Advisory Committee
7General duty and responsibilities of superintendent
8Rules of practice and procedure
Division 2 — Powers of Superintendent
9Not in force
10Investigations and audits by superintendent
11-12Not in force
13Power to compel persons to give evidence and order disclosure
14Contempt proceeding for uncooperative witness or other person
15Referral of complaints
16Application of the Administrative Tribunals Act
17Not in force
18Public interest disclosure
Division 3 — Reports of Superintendent
19Reports to minister
20Superintendent to make recommendations
Part 3 — Regulatory Bodies
Division 1
21-22Not in force
Division 2 — Organization of Regulatory Body
23Council of regulatory body
24Not in force
25Selection principles and criteria
26Election of registrant councillors
27-35Not in force
Division 3-4
36-41Not in force
Part 4-7
42-98Not in force
Part 8 — Enforcement of Act
Division 1
99-102Not in force
Division 2 — Offences and Injunctions
103Not in force
104Obstruction of superintendent
105Obstruction of inspection or search
106Offences
107Injunction to restrain contravention
108Not in force
Part 9 — General
109Confidentiality — general
110Not in force
111Compulsion protection
112Personal liability protection — general
113-114Not in force
115Service of notice or documents
116When failure to serve does not invalidate proceeding
Part 10 — Regulations
117Not in force
118General power to make regulations
119Regulations may delegate and may provide for discretion or be different
120-121Not in force
122Ministerial regulation-making power
Part 11 — Transitional and Related Provisions, Repeals and Related and Consequential Amendments
Division 1 — Transitional and Related Provisions
123Definitions
124Interim elections to council
124.1Interim authority — fees for transition to this Act
125-129Not in force
Division 2 — Repeals
130-134 Repeals
Division 3 — Related and Consequential Amendments
135-157 Related and Consequential Amendments
158Commencement
Schedules 1-3

Part 1 — Definitions and Application

Definitions and interpretation

1   (1) In this Act:

"applicant", in respect of a regulatory body, means a person who applies for

(a) enrolment in the regulatory body's admission program for trainees, if applicable, or

(b) admission or reinstatement as a registrant of the regulatory body;

"bylaw" means a bylaw made under this Act;

"bylaw-making authority", in respect of a regulatory body, means the capacity of the council to make bylaws under this Act;

"certified non-registrant", in respect of a regulatory body, means a person who is

(a) not a registrant, and

(b) certified and authorized to provide or perform aspects of regulated practice in accordance with any applicable bylaws or regulations under this Act;

"citation" means a citation issued under section 66 (1) (d) [investigations authorized by council] or 72 (3) [reprimand or remedial action by consent];

"committee", in respect of a regulatory body, means

(a) the nomination committee established under section 26 (1) [election of registrant councillors],

(b) the credentials committee established under section 44 (1) [credentials committee],

(c) the audit and practice review committee established under section 63 (1) [audits and practice reviews],

(d) the investigation committee established under section 64 [investigation committee],

(e) the discipline committee established under section 75 (1) [discipline hearings], or

(f) another committee established under section 32 (3) [officers and committees];

"conduct unbecoming a registrant" means conduct of a registrant that

(a) brings the regulatory body or its registrants into disrepute,

(b) undermines the standards, methods or principles that are the foundation of the profession, or

(c) undermines the principle of holding paramount the safety, health and welfare of the public, including the protection of the environment and the promotion of health and safety in the workplace in the manner that reflects the stewardship of a given profession by each regulatory body;

"confidential information" means information, whether written or oral, provided by a person to the superintendent or, in respect of a matter under Part 6 [Protection of the Public Interest With Respect to Professional Governance and Conduct], to an audit and practice review committee, an investigation committee or another committee with powers and duties in respect of an investigation, audit, hearing or other procedure under this Act

(a) for the purpose of the investigation, audit, hearing or other procedure, and

(b) under an agreement, express or implied, that the information will be kept confidential;

"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;

"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);

"designated regulatory body" means a regulatory body that is designated for the purposes of this Act under section 89 (1) [designation of regulatory body];

"firm" means

(a) a legal entity or combination of legal entities engaged in providing services in respect of a regulated practice, or

(b) a government registrant,

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;

"government registrant" means a ministry or agency of the government that the Lieutenant Governor in Council may prescribe by regulation;

"incompetent", in relation to the performance of duties undertaken while engaged in a regulated practice, includes

(a) a lack of competence or fitness to engage in the regulated practice, or

(b) an incapacity or impairment that prevents a registrant from engaging in the regulated practice with reasonable skill, competence and safety to the public;

"lay councillor" means a councillor described in section 23 (2) (b) [council of regulatory body];

"minister" means the Attorney General, unless the context otherwise requires;

"office" means the office of the superintendent of professional governance established under section 4 [office of the superintendent of professional governance established], unless the context otherwise requires;

"profession" means a practice area in which a person exercises professional skill or judgment or provides a professional service;

"professional association" means a body corporate, association or other governing body that is responsible for the governance of a profession;

"professional governance" means

(a) the regulation of professions, and

(b) the superintendence by a regulatory body of registrants engaged in a regulated practice;

"professional misconduct" means misconduct by a registrant as a professional, relating to the performance of duties while engaged in a regulated practice, including a failure to comply with, or a breach of, this Act, the regulations or the bylaws;

"registrant" means the registrants specified in respect of each regulatory body in Schedule 1 to this Act, and includes, as applicable,

(a) an individual who is a registered member of a regulatory body, or

(b) a firm that is registered with the regulatory body, if firms may be registered in respect of that regulatory body;

"registrant councillor" means a councillor described in section 23 (2) (a);

"regulated practice" means the carrying on of a profession by a registrant of a regulatory body;

"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) designated under Division 2 [Designating Regulatory Bodies] of Part 7, or

(c) amalgamated under Division 3 [Amalgamation of Regulatory Bodies] of Part 7;

"relevant enactment" means an enactment that the Lieutenant Governor in Council may prescribe by regulation;

"reserved practice" means a regulated practice for which the right to practice is reserved for registrants of a regulatory body;

"reserved title" means a title that is reserved for use by registrants of a regulatory body;

"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;

"respondent" means a person whose conduct or competence is the subject of a discipline hearing under section 75 [discipline hearings];

"specialist" means a registrant with a specialization;

"specialization" means a specialized area of practice with qualifications established by a regulatory body under section 43 (2) [restricted and specialized areas of practice];

"superintendent" means the superintendent of professional governance appointed under section 4 [office of the superintendent of professional governance established];

"trainee", in respect of a regulated practice, means a person in training to engage in the regulated practice as a registrant.

(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.

Not in force

2-3   [Not in force.]

Part 2 — Superintendent of Professional Governance

Division 1 — Appointment of Superintendent

Office of the superintendent of professional governance established

4   (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].

(2) The following persons may be appointed to the office under the Public Service Act:

(a) the superintendent;

(b) one or more deputy superintendents;

(c) other employees required to carry out the functions of the office.

(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).

(6) The Public Service Act does not apply in respect of a person retained under subsection (4).

Superintendent's power to delegate

5   (1) The superintendent may delegate, in writing, to a person employed under the Public Service Act any of the superintendent's powers, duties and functions under this Act, except the power to delegate under this section.

(2) A delegation under this section may be made subject to any terms and conditions the superintendent considers appropriate.

Professional Governance Advisory Committee

6   (1) The minister may appoint a Professional Governance Advisory Committee consisting of

(a) the superintendent, who must be appointed chair, and

(b) as the minister considers appropriate,

(i) representatives of the ministries responsible for the administration of relevant enactments, and

(ii) other persons with relevant knowledge and experience.

(2) An appointment under subsection (1) must specify the term of the appointment.

(3) The Professional Governance Advisory Committee must

(a) review transitional matters relating to the implementation of this Act,

(b) carry out activities relating to the implementation of this Act with the ministries responsible for the relevant enactments, and

(c) perform other duties the minister requires or as prescribed by regulation of the Lieutenant Governor in Council.

(4) The minister may establish the expense allowances or other terms and conditions of a person appointed under subsection (1) (b) (ii).

General duty and responsibilities of superintendent

7   (1) The superintendent must faithfully, honestly and impartially perform the duties of the superintendent and must not, except in the proper performance of those duties, disclose to a person any information obtained as a superintendent.

(2) The superintendent is primarily responsible for the oversight of systemic or general matters relating to professional governance by regulatory bodies, including by doing the following:

(a) superintending the governance by regulatory bodies of registrants in the regulatory bodies' respective regulated practices to ensure compliance by the regulatory bodies with their duties;

(b) conducting research and promoting or establishing policies on best practices with respect to the regulatory bodies, including

(i) monitoring regulatory bodies for consistency in governance of registrants and performance standards for registrants, and

(ii) promoting awareness among regulatory bodies to support reconciliation with Indigenous peoples in British Columbia, including supporting the implementation of the United Nations Declaration on the Rights of Indigenous Peoples;

(c) providing for administrative matters that relate to regulatory bodies and are in the public interest, including

(i) overseeing the implementation and administration of this Act,

(ii) [Not in force.]

(iii) receiving, if applicable, conflict of interest declarations in respect of registrants from regulatory bodies,

(iv) advising the minister on matters related to the administration of this Act, and

(v) submitting reports in accordance with section 19 [reports to minister];

(d) promoting professional governance by regulatory bodies or enforcing compliance with this Act, including

(i) publishing information and documents that the superintendent determines to be in the public interest,

(ii) providing information and advice to regulatory bodies, registrants and professional associations about the requirements under this Act,

(iii) establishing guidelines to promote compliance with this Act and the regulations,

(iv) conducting investigations and audits in respect of regulatory practices and compliance with this Act and the regulations or in relation to an offence under section 106 (1) [offences],

(v) issuing directives to ensure compliance with this Act, including compliance in the administration, by regulatory bodies, of declarations,

(vi) receiving, investigating and responding to claims made in respect of reprisals prohibited under section 103 [no reprisals], and

(vii) imposing administrative penalties in accordance with Division 1 [Enforcement Powers of Superintendent] of Part 8 [Enforcement of Act];

(e) carrying out activities in accordance with other powers, duties or functions that the Lieutenant Governor in Council may prescribe.

(3) For certainty, nothing in this section limits the role of a regulatory body in respect of registrants.

Rules of practice and procedure

8   (1) The superintendent may make rules in respect of practice and procedure for all matters coming before the superintendent under this Act in respect of complaints, investigations and audits.

(2) The superintendent must make the rules in respect of practice and procedure accessible to the public in the manner the superintendent considers appropriate.

(3) The Lieutenant Governor in Council may, by regulation,

(a) provide for any matter in respect of which the superintendent may make rules, and

(b) amend or repeal a rule made by the superintendent.

Division 2 — Powers of Superintendent

Not in force

9   [Not in force.]

Investigations and audits by superintendent

10   (1) Subject to subsection (4), if the superintendent considers it necessary in the public interest, the superintendent may conduct an investigation or an audit into

(a) [Not in force.]

(b) the state of practice of a profession in British Columbia.

(2) Subsection (1) includes

(a) [Not in force.]

(b) an investigation in respect of a matter under the following provisions:

(i) to (vi) [Not in force.]

(vii) section 104 [obstruction of superintendent];

(viii) section 105 [obstruction of inspection or search].

(3) For the purposes of an investigation or an audit under this section, the superintendent has the powers, privileges and protection set out in section 13 [power to compel persons to give evidence and order disclosure].

(4) The superintendent may only investigate or conduct an audit in respect of a matter that relates to an individual registrant in the following cases:

(a) an investigation or an audit of a general or systemic matter relating to the regulated practice;

(b) an investigation in respect of a matter under a provision listed in subsection (2) (b).

Not in force

11-12   [Not in force.]

Power to compel persons to give evidence and order disclosure

13   (1) For the purposes of this Act, the superintendent may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the superintendent to answer questions on oath or affirmation or in any other manner;

(b) produce for the superintendent a record or thing in the person's possession or control.

(2) The superintendent may apply to the Supreme Court for an order directing

(a) a person to comply with an order made under subsection (1), or

(b) any directors and officers of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative witness or other person

14   The failure or refusal of a person summoned as a witness under section 13 (1) to do any of the following makes the person, on application to the court by the superintendent, liable to be committed for contempt as if in breach of an order or judgment of the court:

(a) take an oath or affirmation;

(b) answer questions;

(c) produce the records or things in the person's custody or possession.

Referral of complaints

15   If a complaint is made to the superintendent that relates to a matter that is beyond the investigation power of the superintendent and the superintendent considers that there is another appropriate person or body having jurisdiction over the matter, the superintendent may

(a) with the consent of the person who made the complaint, refer that matter directly to an appropriate person or body having jurisdiction over the matter, or

(b) refer the person who made the complaint to an appropriate person or body having jurisdiction over that matter, or otherwise provide information that would permit the complaint to be made.

Application of the Administrative Tribunals Act

16   The following provisions of the Administrative Tribunals Act apply to the superintendent as if the superintendent were a tribunal, including the power of the superintendent to impose, and to consider responses to, administrative penalties under Division 1 [Enforcement Powers of Superintendent] of Part 8 [Enforcement of Act] of this Act:

(a) section 44 [tribunal without jurisdiction over constitutional questions];

(b) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues];

(c) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code].

Not in force

17   [Not in force.]

Public interest disclosure

18   (1) If the superintendent determines that it is in the public interest, the superintendent must, in accordance with regulations that may be made by the Lieutenant Governor in Council, publish prescribed information or documents or classes of information or documents

(a) [Not in force.]

(b) that relate to

(i) a profession.

(ii) and (iii) [Not in force.]

(2) [Not in force.]

(3) Personal information may not be published under this section that, if disclosed, would constitute an unreasonable invasion of personal privacy as described in section 22 (2) to (4) [disclosure harmful to personal privacy] of the Freedom of Information and Protection of Privacy Act.

Division 3 — Reports of Superintendent

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.

Superintendent to make recommendations

20   In addition to any other reports provided by the superintendent under this Act, on request of the minister, the superintendent must

(a) review this Act and recommend to the minister any amendments to this Act that the superintendent considers will better enable the superintendent to exercise or perform the superintendent's powers, duties and functions under this Act, and

(b) report to the minister on any other matter, as specified by the minister.

Part 3 — Regulatory Bodies

Division 1

Not in force

21-22   [Not in force.]

Division 2 — Organization of Regulatory Body

Council of regulatory body

23   (1) [Not in force.]

(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];

(b) 4 lay 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.

Not in force

24   [Not in force.]

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.

(2) [Not in force.]

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) to (5) [Not in force.]

Not in force

27-35   [Not in force.]

Division 3-4

Not in force

36-41   [Not in force.]

Part 4-7

Not in force

42-98   [Not in force.]

Part 8 — Enforcement of Act

Division 1

Not in force

99-102   [Not in force.]

Division 2 — Offences and Injunctions

Not in force

103   [Not in force.]

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.

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) [Not in force.]

Offences

106   (1) A person who contravenes any of the following commits an offence:

(a) to (f) [Not in force.]

(g) section 104 [obstruction of superintendent];

(h) section 105 [obstruction of inspection or search].

(2) A person who commits an offence under subsection (1) is liable on conviction,

(a) in the case of an individual, to a fine of not more than $200 000 or to a term of imprisonment of not more than 2 years, or both, and

(b) in the case of a firm, to a fine of not more than $500 000.

(3) Section 5 [general offence] of the Offence Act does not apply to this Act, the regulations or any bylaws made under this Act.

(4) In any prosecution under this Act, it is sufficient to prove that the accused has committed a single act of unauthorized practice or has committed on one occasion any of the acts prohibited by this Act.

(5) [Not in force.]

(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.

Injunction to restrain contravention

107   (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.

(2) The court may grant an injunction sought under subsection (1) if satisfied there is reason to believe that there has been or will be a contravention of this Act, the regulations or the bylaws.

(3) A contravention may be restrained under subsection (1) whether or not a penalty or other remedy has been provided under this Act.

(4) The court may grant an interim injunction until the outcome of an action commenced under subsection (1).

Not in force

108   [Not in force.]

Part 9 — General

Confidentiality — general

109   (1) A person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty under this Act unless the disclosure is

(a) necessary to exercise the power or to perform the duty, or

(b) authorized as being in the public interest by, as applicable,

(i) the superintendent, or

(ii) [Not in force.]

(2) Insofar as the laws of British Columbia apply, a person must not give, or be compelled to give, evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or in the performance of a duty under this Act unless

(a) the proceedings are under this Act, or

(b) disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act.

(3) Insofar as the laws of British Columbia apply, the records relating to the exercise of a power or the performance of a duty under this Act are not compellable in a court or in proceedings of a judicial nature unless

(a) the proceedings are under this Act, or

(b) disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act.

Not in force

110   [Not in force.]

Compulsion protection

111   (1) The superintendent, or a person acting on behalf of or under the direction of the superintendent, must not be required to testify or produce evidence in any proceeding about the reasons for which a conclusion was reached or a decision was made in the performance of duties under this Act.

(2) Despite subsection (1), the superintendent may be required by the Supreme Court to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.

(3) The production of government records of a public body may not be compelled under this Act unless

(a) the head of the public body consents,

(b) the production is a disclosure that is otherwise in accordance with the Freedom of Information and Protection of Privacy Act,

(c) the court orders, or

(d) the regulations of the Lieutenant Governor in Council otherwise allow.

(4) In subsection (3), "public body" means public body as defined in the Freedom of Information and Protection of Privacy Act.

Personal liability protection — general

112   (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.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

(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.

(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.

Not in force

113-114   [Not in force.]

Service of notice or documents

115   (1) A notice or any document under this Act may be delivered to a person by personal service of a copy of the notice or document or by sending the copy by any of the following means:

(a) ordinary mail;

(b) electronic transmission, including telephone transmission of a facsimile;

(c) if specified in the superintendent's rules, another method that allows proof of receipt.

(2) If the copy is sent by ordinary mail, it must be sent to the most recent address available of the person to be served and must be considered to be received on the fifth day after the day it is mailed, unless that day is a holiday, in which case the copy must be considered to be received on the next day that is not a holiday.

(3) If the copy is sent by electronic transmission, it must be considered to be received on the day after it was sent, unless that day is a holiday, in which case the copy must be considered to be received on the next day that is not a holiday.

(4) If the copy is sent by a method referred to in subsection (1) (c), the superintendent's rules govern the day on which the copy must be considered to be received.

(5) If, through absence, accident, illness or other cause beyond the person's control, a person to be served who acts in good faith does not receive the copy until a later date than the date provided under subsection (2), (3) or (4), that subsection does not apply.

When failure to serve does not invalidate proceeding

116   If a notice or document is not served in accordance with section 115, the proceeding is not invalidated if

(a) the contents of the notice or document were known by the person to be served within the time allowed for service,

(b) the person to be served consents, or

(c) the failure to serve does not result in prejudice to the person, or any resulting prejudice can be satisfactorily addressed by an adjournment or other means.

Part 10 — Regulations

Not in force

117   [Not in force.]

General power to make regulations

118   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) [Not in force.]

(b) prescribing

(i) and (ii) [Not in force.]

(iii) a relevant enactment for the purposes of the definition of "relevant enactment" in section 1 (1);

(c) to (e) [Not in force.]

(f) in respect of the following matters under Part 2 [Superintendent of Professional Governance]:

(i) prescribing duties that must be performed by the Professional Governance Advisory Committee for the purposes of section 6 (3) (c) [professional governance advisory committee];

(ii) providing for any matter in respect of which the superintendent may make rules for the purposes of section 8 (3) [rules of practice and procedure];

(iii) amending or repealing a rule made by the superintendent for the purposes of section 8 (3);

(iv) respecting policies and procedures to be followed by the superintendent in conducting the superintendent's affairs, exercising powers and discretion, carrying out functions and duties and discharging responsibilities;

(v) [Not in force.]

(vi) prescribing information or documents or classes of information or documents the superintendent must make public for the purposes of section 18 (1) [public interest disclosure] of this Act;

(g) in respect of the following matters under Part 3 [Regulatory Bodies]:

(i) to (iii) [Not in force.]

(iv) prescribing the process and selection principles for the purposes of section 25 [selection principles and criteria];

(h) to (k) [Not in force.]

(k.1) in respect of the following matters under Part 11 [Transitional and Related Provisions, Repeals and Related and Consequential Amendments]:

(i) prescribing affected bodies for the purposes of section 124.1 (2) [interim authority — fees for transition to this Act];

(ii) prescribing an amount or rate of increase of a fee for the purposes of section 124.1 (3) (b), which amount or rate may be different for different affected bodies or different periods of time;

(l) respecting any other matter for which regulations are contemplated by this Act.

Regulations may delegate and may provide for discretion or be different

119   In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person, with or without directions on how the delegated power is to be exercised;

(b) confer a discretion on a person;

(c) make different regulations for different persons, regulatory bodies, places, things, decisions, transactions or activities.

Not in force

120-121   [Not in force.]

Ministerial regulation-making power

122   (1) The minister may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act.

(2) Without limiting subsection (1), the minister may make the following regulations that may be made by the Lieutenant Governor in Council:

(a) under section 118 (2) (f) (i) to (iv) [general power to make regulations], providing for matters under Part 2 [Superintendent of Professional Governance] of this Act.

(b) to (h) [Not in force.]

(3) In making a regulation under this Act, the minister may do one or more of the following:

(a) delegate a matter to a person, with or without directions on how the delegated power is to be exercised;

(b) confer a discretion on a person;

(c) make different regulations for different persons, regulatory bodies, places, things, decisions, transactions or activities.

Part 11 — Transitional and Related Provisions, Repeals and Related and Consequential Amendments

Division 1 — Transitional and Related Provisions

Definitions

123   (1) In this Part:

"affected Act" means the applicable of the following:

(a) Agrologists Act, S.B.C. 2003, c. 13;

(b) Applied Science Technologists and Technicians Act, R.S.B.C. 1996, c. 15;

(c) College of Applied Biology Act, S.B.C. 2002, c. 68;

(d) Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116;

(e) Foresters Act, S.B.C. 2003, c. 19;

"affected body" means a professional association in respect of an affected Act;

"affected council" means a council under an affected Act;

"reference date" means the date of the application of this Act in respect of an affected body as a regulatory body.

(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.

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.

Interim authority — fees for transition to this Act

124.1   (1) In this section, "affected member" means a person who pays fees for membership in an affected body under an affected Act.

(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.

Not in force

125-129   [Not in force.]

Division 2 — Repeals

Repeals

[Note: See Table of Legislative Changes for the status of sections 130 to 157.]

Section(s)Affected Act
130Agrologists Act
131Applied Science Technologists and Technicians Act
132College of Applied Biology Act
133Engineers and Geoscientists Act
134Foresters Act

Division 3 — Related and Consequential Amendments

Related and Consequential Amendments

Section(s)Affected Act
135-137Architects Act
138Business Practices and Consumer Protection Act
139Community Charter
140Engineers and Geoscientists Act
141Forest Act
142Foresters Act
143Freedom of Information and Protection of Privacy Act
144Interpretation Act
145Land Surveyors Act
146-147Ministry of Agriculture and Food Act
148-149Ministry of Energy and Mines Act
150-151Ministry of Environment Act
152-153Ministry of Forests and Range Act
154-155Ministry of Lands, Parks and Housing Act
156-157Water Sustainability Act

Commencement

158   This Act comes into force by regulation of the Lieutenant Governor in Council.

Schedules 1-3

[Not in force.]