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This Act is current to September 9, 2020
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

COVID-19 Related Measures Act

[SBC 2020] CHAPTER 8

Assented to July 8, 2020

Contents
Part 1Definitions and Application
1Definitions
2Conflict
Part 2COVID-19 Provisions
3Re-enactment and continuation of EPA instruments
4Reports
Part 3Limits on Actions and Proceedings
5No actions or proceedings
6Protection continues
7-9 Repeal and Related Amendments
10Commencement
Schedule 1
Schedule 2

Part 1Definitions and Application

Definitions

1   In this Act:

"COVID-19 pandemic" means the pandemic that was the subject of the declaration of a state of emergency made under the Emergency Program Act on March 18, 2020;

"COVID-19 provision" means a provision enacted by section 3 (1);

"declaration of a state of emergency" has the same meaning as in the Emergency Program Act;

"EPA instrument" means an order or regulation, listed in Schedule 1 or 2, that was made under section 10 or 10.1 of the Emergency Program Act.

Conflict

2   If there is a conflict between

(a) this Act, including a COVID-19 provision, or a regulation under this Act, and

(b) any other Act or regulation,

the enactment referred to in paragraph (a) prevails.

Part 2COVID-19 Provisions

Re-enactment and continuation of EPA instruments

3   (1) Each of the EPA instruments is enacted as a provision of this Act.

(2) An EPA instrument is repealed on its enactment as a COVID-19 provision by subsection (1).

(3) Subject to subsection (8) (b), the enactment of a COVID-19 provision by subsection (1) is effective,

(a) respecting EPA instruments in Schedule 1, on the date of the relevant declaration of a state of emergency, and

(b) respecting EPA instruments in Schedule 2, on the date the instrument was made under section 10 or 10.1 of the Emergency Program Act.

(4) For certainty, a COVID-19 provision remains in effect in accordance with this section despite

(a) the Emergency Program Act, and

(b) anything in the COVID-19 provisions to the contrary.

(5) Subject to subsections (6) and (8), a COVID-19 provision is repealed as follows:

(a) respecting items 1 to 6 in Schedule 1 and items 1, 2, 5, 7 to 9, 13, 16, 17, 19, 20 and 21 in Schedule 2, 90 days after the date on which the last extension of the declaration of a state of emergency made March 18, 2020 under section 9 (1) of the Emergency Program Act expires or is cancelled;

(b) respecting items 3, 4, 6, 10 to 12, 14, 15 and 18 in Schedule 2, 45 days after the date on which the last extension of the declaration of a state of emergency made March 18, 2020 under section 9 (1) of the Emergency Program Act expires or is cancelled;

(c) respecting EPA instruments added to Schedule 1 or 2 after this Act comes into force, as determined by regulation.

(6) The Lieutenant Governor in Council may, before a COVID-19 provision is repealed under subsection (5), specify by regulation a later date on which the COVID-19 provision is repealed, and if a later date is so specified, the COVID-19 provision is repealed on that later date.

(7) The Lieutenant Governor in Council may not specify a date for the purposes of subsection (6) that is later than the date that is one year after the date this Act comes into force.

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

(a) repeal a COVID-19 provision or a portion of a COVID-19 provision, and

(b) add to Schedule 1 or 2 an order made under section 10 of the Emergency Program Act or a regulation made under section 10.1 of that Act respecting the COVID-19 pandemic.

(9) The Lieutenant Governor in Council may make a regulation under subsection (6) or (8) (b) only if satisfied it is necessary to do so to respond to or alleviate the effects of the COVID-19 pandemic.

(10) A regulation under subsection (8) may be made retroactive to a specified date and, if made retroactive, is deemed to have come into force on the specified date.

(11) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Reports

4   (1) The minister responsible for the administration of the Emergency Program Act must report to the Speaker of the Legislative Assembly on the following made under that Act respecting the COVID-19 pandemic:

(a) an order made under section 10;

(b) a regulation made under section 10.1.

(2) The minister responsible for the administration of this Act must report to the Speaker of the Legislative Assembly on a regulation made under this Act.

(3) A report under this section must

(a) include a copy of the relevant order or regulation, and

(b) be made within 5 days from the date the order or regulation was made.

(4) On receipt of a report under this section, the Speaker must lay the report before the Legislative Assembly as soon as possible.

Part 3Limits on Actions and Proceedings

No actions or proceedings

5   (1) Subject to subsection (2) and the regulations, no legal proceeding for prescribed damages related to the COVID-19 pandemic lies or may be commenced or maintained against a prescribed person or a person in a prescribed class of persons because of

(a) any prescribed act or omission of the person, or

(b) any act or omission of the person in a prescribed class of acts or omissions.

(2) Subsection (1) does not apply in relation to damages caused by gross negligence.

(3) The Lieutenant Governor in Council may make regulations for the purposes of this section, including, without limitation, regulations restricting the protection provided under subsection (1) or imposing conditions on the protection.

(4) A regulation under subsection (3) may be made retroactive to a specified date and, if made retroactive, is deemed to have come into force on the specified date.

Protection continues

6   For certainty, despite the repeal of section 5, the repeal does not affect any protection acquired under that section.

Repeal and Related Amendments

[Note: See Table of Legislative Changes for the status of sections 7 to 9.]

Section(s)Affected Act
7COVID-19 Related Measures Act
8-9Emergency Program Act

Commencement

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

Schedule 1

Item Column 1
Ministerial Order Title
Column 2
Ministerial Order Number
1Electronic Attendance at Strata Property Meetings (COVID-19) OrderM114/2020
2Electronic Attendance at Corporate Meetings (COVID-19) OrderM116/2020
3Electronic Attendance at Credit Union Meetings (COVID-19) OrderM138/2020
4Local Government Meetings and Bylaw Process (COVID-19) Order No. 2
Repealed B.C. Reg. 172/2020.
M139/2020
5Electronic Attendance at Statutory Meetings (COVID-19) OrderM167/2020
6Correctional Centre Measures (COVID-19) OrderM193/2020

Schedule 2

Item Column 1
Ministerial Order Title
Column 2
Ministerial Order Number
1Bylaw Enforcement Officer (COVID-19) OrderM082/2020
2Local Authorities and Essential Goods and Supplies (COVID-19) Order
Amended B.C. Reg. 194/2020, O.C. 451/2020.
M084/2020
3Limitation Periods (COVID-19) Order
Repealed B.C. Reg. 172/2020.
M086/2020
4Residential Tenancy (COVID-19) Order
Repealed B.C. Reg. 172/2020.
M089/2020
5Provincial Compliance Officer (COVID-19) OrderM093/2020
6Protection Against Liability (COVID-19) Order
Repealed B.C. Reg. 172/2020.
M094/2020
7Limitation Periods (COVID-19) Order No. 2
Amended B.C. Reg. 199/2020, O.C. 453/2020.
M098/2020
8Health Care Labour Adjustment (COVID-19) Order
Repealed B.C. Reg. 188/2020.
M105/2020
9Prohibition on Unconscionable Prices for Essential Goods and Supplies (COVID-19) OrderM115/2020
10Protection Against Liability (COVID-19) Order No. 2
Repealed B.C. Reg. 204/2020.
M120/2020
11Supreme Court Civil and Family Applications (COVID-19) OrderM121/2020
12Encampment Health and Safety (COVID-19) Order
Repealed B.C. Reg. 172/2020.
M128/2020
13Employment and Assistance (COVID-19) OrderM133/2020
14Encampment Health and Safety (COVID-19) Order No. 2M150/2020
15Encampment Health and Safety (COVID-19) Vancouver Enforcement OrderM152/2020
16Local Government Finance (COVID-19) OrderM159/2020
17Electronic Witnessing of Enduring Powers of Attorney and Representation Agreements (COVID-19) OrderM162/2020
18Encampment Health and Safety (COVID-19) Victoria Enforcement OrderM166/2020
19Electronic Attendance at UBCM Convention (COVID-19) OrderM168/2020
20Protection Against Liability for Sports (COVID-19) Order
Repealed B.C. Reg. 204/2020.
M183/2020
21Local Government Meetings and Bylaw Process (COVID-19) Order No. 3M192/2020
22Commercial Tenancy (COVID-19) OrderM179/2020
23Residential Tenancy (COVID-19) Order No. 2
Repealed B.C. Reg. 195/2020.
M195/2020
23.1 Health Care Labour Adjustment (COVID-19) Order No. 2M220/2020
23.2BC Ferries Medical Travel (COVID-19) OrderM256/2020
23.3Gatherings and Events (COVID-19) Order
ItemColumn 1
(for Items 24 and following)
EPA Instrument Title
Column 2
(for Items 24 and following)
EPA Instrument Number
24COVID-19 (Societies Act) RegulationB.C. Reg. 173/2020
25COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) Regulation
Repealed B.C. Reg. 212/2020.
26COVID-19 (Passenger Transportation Act) RegulationB.C. Reg. 200/2020
27COVID-19 (Limitation Periods in Court Proceedings) RegulationB.C. Reg. 199/2020
28COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) (No. 2) Regulation