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B.C. Reg. 274/92
O.C. 1243/92
Deposited July 24, 1992
This consolidation is current to October 12, 2020.
Link to Point in Time

Public Health Act; Financial Administration Act

Health Act Fees Regulation

[includes amendments up to B.C. Reg. 69/2012, March 31, 2012]

Contents
1Interpretation
2Term of an operating permit
2.1Repealed
3Fees
4Decals
5Permits and decals not transferable
6Temporary facilities
7Remission of fees
Schedule

Interpretation

1   In this regulation:

"decal" means an adhesive label that is issued and affixed to an operating permit at the time fees under this regulation are paid or remitted;

"fiscal quarter" means a 3 month period extending from April 1 to June 30, July 1 to September 30, October 1 to December 31 or January 1 to March 31;

"fiscal year" means the 12 month period commencing April 1 of a year and ending March 31 of the following year;

"food service establishment" means a food service establishment within the meaning of the Food Premises Regulation, B.C. Reg. 210/99;

"mobile food service unit" means a food service establishment that is a cart, stand, kiosk, coffee truck or similar conveyance that is self-contained, movable from place to place and equipped to store and prepare food that is to be served or sold to the public;

"operating permit" means an operating permit issued under section 8 of the Food Premises Regulation, B.C. Reg. 210/99;

"proprietor" means an operator of a food service establishment;

"restaurant" means a food service establishment.

[am. B.C. Regs. 390/92, s. 4; 102/93, s.1; 377/93, s. 1; 471/98, s. 1; 5/2007, App. 2, s. 1;
297/2010, Sch. s. 1; 69/2012, Sch. 2, s. 1.]

Term of an operating permit

2   (1) An operating permit in force on March 31 of a year expires on March 31 of that year.

(2) Despite subsection (1), an operating permit issued for a period of less than 12 months expires on the date specified on the approved application.

[en. B.C. Reg. 471/98, s. 2.]

Repealed

2.1   Repealed. [B.C. Reg. 274/92, s. 2.1 (4).]

Fees

3   (1) A person who is, or is applying to become, a proprietor must pay the fee set out in the Schedule if

(a) an application is being made for an operating permit, or

(b) an operating permit is renewed and the proprietor had an operating permit in force anytime during the 12 months prior to the renewal in respect of the same restaurant.

(2) Repealed. [B.C. Reg. 102/93, s. 3 (a).]

(3) The fee for renewal of an operating permit must be paid before the effective date of the renewal.

(4) Approval is given for the remission of a fee paid under this section if

(a) the proprietor applies for the remission, and

(b) the fee is for a month of the fiscal year for which the proprietor was not required to have the operating permit to which the fee applies.

(5) Subsection (4) does not apply to an operating permit for a mobile food service unit.

[am. B.C. Regs. 102/93, s. 3; 5/2007, App. 2, ss. 2 and 3; 297/2010, Sch. s. 2.]

Decals

4   (1) Subject to section 7, if a proprietor pays the applicable fee set out in the Schedule, the proprietor must be issued a decal to cover the period for which the fee is paid.

(2) If an operating permit does not bear a decal or if that decal does not cover the current date, then the operating permit is not valid.

[en. B.C. Reg. 102/93, s. 4; am. B.C. Regs. 5/2007, App. 2, s. 2; 297/2010, Sch. s. 3.]

Permits and decals not transferable

5   An operating permit or decal is not transferable.

Temporary facilities

6   Notwithstanding sections 3 and 4, if a restaurant is in operation for no more than 14 days during a fiscal year, then

(a) approval is given for a reduction in the applicable fee so that the proprietor or other person is not required to pay the fee set out in the Schedule, and

(b) the operating permit is not required to bear a decal to be valid.

[en. B.C. Reg. 102/93, s. 5; am. B.C. Regs. 5/2007, App. 2, ss. 2 and 3; 297/2010, Sch. s. 4.]

Remission of fees

7   Approval is given for the remission of the applicable fees if the operating permit is for a restaurant operated by a charitable organization whose purposes include the relief of poverty.

[en. B.C. Reg. 102/93, s. 5.]

Schedule

[en. B.C. Regs. 102/93, s. 6; 297/2010, Sch. s. 5; am. B.C. Regs. 377/93, ss. 2 and 3; 184/95; 471/98, s. 4; 5/2007, App. 2, s. 4; 297/2010, Sch. s. 5.]

1(1)The operating permit fee for a fiscal year is
 (a)Repealed. [B.C. Reg. 297/2010, Sch. s. 5 (a).]
 (b)for a proprietor
  (i)for a restaurant with 0 to 50 seats that is not a mobile food service unit  $150
  (ii)for a restaurant with more than 50 seats $250
 (c)Repealed. [B.C. Reg. 5/2007, App. 2, s. 4.]
 (2)If the operating permit is for a restaurant currently certified under the FOODSAFE Excellence  Certification Program developed by the ministry to establish a code of practice for the preparation, distribution and presentation of food, the fee under subsection (1) (b), section 2 or 2.1 is reduced by 50%.
2(1)The operating permit fee for a fiscal year for a proprietor of a mobile food service unit is, at the choice of the proprietor, either
 (a)$150, or
 (b)$75.
 (2)Section 3 does not apply to a fee paid under subsection (1) (b).
2.1If a proprietor intends to operate more than one restaurant, each of which is located either in or adjacent to a single building or on a site that has a hotel, the proprietor must pay
 (a) the fee as determined under section 1 (1) (b) for the restaurant having the highest number of seats, and
 (b) a fee of $75 for each of the remaining restaurants.
 
 Tables 1 and 2
[Repealed. B.C. Reg. 471/98, s. 4 (e).]
 
3 If an operating permit is issued for part of a fiscal year, the fee is calculated using the following formula:
 
fee n x z 

12
 where
  n is the number of calendar months of the fiscal year in which the permit will apply, and
  z is the applicable fee under section 1 or 2 (1) (a).

[Provisions relevant to the enactment of this regulation: Public Health Act, S.B.C. 2008, c. 28, sections 111, 115 and 126; Financial Administration Act, R.S.B.C. 1996, c. 138, section 19]