Child family and community service act canlii

Section 1 definitions of "interim order" and "supervision order" BEFORE amended by 2002-21-1, effective June 27, 2002 (BC Reg 159/2002).

"interim order" means an order made under section 33.2 (2), 35 (2) (a) or (b), 36 (3) (a) or (b) or 42.1 (6);

"supervision order" means an order made under section 33.2 (2), 35 (2) (b), 36 (3) (b) (i), 41 (1) (a) or (b), (1.1) or (2.1), 42.2 (4) (a) or (c), 46 (3) or 49 (8) requiring a director to supervise a child's care, and includes any extension of or change to that order;

Section 1 definitions of "child in care" and "director of adoption" BEFORE amended by 2004-60-60, effective January 16, 2006 (BC Reg 350/2005).

"child in care" means a child who is in the custody, care or guardianship of a director or the director of adoption;

"director of adoption" means the person designated by the minister under the Adoption Act as director of adoption;

Section 1 (1) definition of "aboriginal child" paragraph (b.2) was added by 2007-36-34(a), effective April 3, 2009 (BC Reg 55/2009).

Section 1 (1) definition of "designated representative" BEFORE amended by 2007-36-34(b), effective April 3, 2009 (BC Reg 55/2009).

"designated representative", when used in relation to the Nis g̱ a'a Lisims Government, an Indian band or aboriginal community, means a representative designated in accordance with the regulations;

Section 1 (1) definition of "treaty first nation" was added by 2007-36-34(c), effective April 3, 2009 (BC Reg 55/2009).

Section 1 (1) definitions of "supervision order" and "temporary custody order" BEFORE amended by 2011-13-12, effective February 1, 2013 (BC Reg 274/2012).

"supervision order" means an order made under section 33.2 (2), 35 (2) (b) or (d), 36 (3) (b) (i), 41 (1) (a) or (b), (1.1) or (2.1), 42.2 (4) (a) or (c), 46 (3) or 49 (8) requiring a director to supervise a child's care, and includes any extension of or change to that order;

"temporary custody order" means an order made under section 41 (1) (b) or (c), 42.2 (4) (b) or (c) or 49 (7) (b) placing a child for a specified period in the custody of a director or another person, and includes any extension of or change to that order;

Section 1 (1) definition of "parent" BEFORE amended by 2011-25-286, effective March 18, 2013 (BC Reg 131/2012).

"parent" means

(a) the mother of a child,

(b) the father of a child,

(d) a person with whom a child resides and who stands in place of the child's mother or father

but does not include a caregiver or director;

Section 1 (1) definitions of "caregiver" and "parent" BEFORE amended by 2014-14-20(a) and (b), effective May 29, 2014 (Royal Assent).

"caregiver" means a person with whom a child is placed by a director and who, by agreement with the director, has assumed responsibility for the child's day-to-day care;

(a) a person to whom guardianship or custody of a child has been granted by a court of competent jurisdiction or by an agreement, and

(b) a person with whom a child resides and who stands in place of the child's parent or guardian,

but does not include a caregiver or director;

Section 1 (1) definition of "prospective adoptive parent" was added by 2014-14-20(c), effective May 29, 2014 (Royal Assent).

Section 1 (1) definitions of "Nis g̱ a'a child", "Nis g̱ a'a Final Agreement", "Nis g̱ a'a Lisims Government", "Nis g̱ a'a Nation" and "Nis g̱ a'a Village" BEFORE repealed by 2014-32-26, effective November 27, 2014 (Royal Assent).

"Nisg̱a'a child" has the same meaning as in the Nisg̱a'a Final Agreement;

"Nisg̱a'a Final Agreement" has the same meaning as in the Nisg̱a'a Final Agreement Act;

"Nisg̱a'a Lisims Government" has the same meaning as in the Nisg̱a'a Final Agreement;

"Nisg̱a'a Nation" has the same meaning as in the Nisg̱a'a Final Agreement;

"Nisg̱a'a Village" has the same meaning as in the Nisg̱a'a Final Agreement;

Section 1 (1) definition of "Indigenous child" was added by 2018-27-1(a)(part), effective October 1, 2018 (BC Reg 187/2018).

Section 1 (1) definitions of "First Nation" and "First Nation child" were added by 2018-27-1(c)(part), effective October 1, 2018 (BC Reg 187/2018).

Section 1 (1) definition of "Treaty First Nation" was added by 2018-27-1(e)(part), effective October 1, 2018 (BC Reg 187/2018).

Section 1 (1) definitions of "aboriginal child" and "aboriginal community" BEFORE repealed by 2018-27-1(a)(rem), effective April 1, 2019 (BC Reg 17/2019).

"aboriginal child" means a child

(a) who is registered under the Indian Act (Canada),

(b) who has a biological parent who is registered under the Indian Act (Canada),

(b.1) who is a Nisg̱a'a child,

(b.2) who is a treaty first nation child,

(i) is of aboriginal ancestry, and

(ii) considers himself or herself to be aboriginal, or

(d) who is 12 years of age or over, of aboriginal ancestry and considers himself or herself to be aboriginal;

"aboriginal community" means an aboriginal community designated by the minister;

Section 1 (1) definition of "designated representative" BEFORE amended by 2018-27-1(b), effective April 1, 2019 (BC Reg 17/2019).

"designated representative" , when used in relation to the Nisg̱a'a Lisims Government, a treaty first nation, an Indian band or aboriginal community, means a representative designated in accordance with the regulations;

Section 1 (1) definition of "First Nation land" was added by 2018-27-1(c)(rem), effective April 1, 2019 (BC Reg 17/2019).

Section 1 (1) definition of "Indian band" BEFORE repealed by 2018-27-1(d), effective April 1, 2019 (BC Reg 17/2019).

"Indian band" means a band as defined in the Indian Act (Canada) and includes a band council;

Section 1 (1) definition of "treaty first nation" BEFORE repealed by 2018-27-1(e)(rem), effective April 1, 2019 (BC Reg 17/2019).

"treaty first nation" , in relation to a treaty first nation child, means the treaty first nation of which the child is a treaty first nation child;

Section 1 (1) definitions of "federal Act", "Indigenous authority", "Indigenous child and family services", "Indigenous governing body" and "Indigenous law" were added by 2022-40-17(b), (f) and (h), effective November 25, 2022 (BC Reg 245/2022).

Section 1 (1) definitions of "First Nation" and "First Nation land" BEFORE repealed by 2022-40-17(c) and (e), effective November 25, 2022 (BC Reg 245/2022).

"First Nation" means any of the following:

(a) a band as defined in the Indian Act (Canada);

(b) an Indigenous legal entity prescribed by regulation;

"First Nation land" means an area of land within which a First Nation has law-making authority;

Section 1 (1) definitions of "First Nation child" and "Indigenous child" BEFORE amended by 2022-40-17(d) and (g), effective November 25, 2022 (BC Reg 245/2022).

"First Nation child" means a child who is a member or is entitled to be a member of a First Nation;

"Indigenous child" means a child

(a) who is a First Nation child,

(b) who is a Nisg̱a'a child,

(d) who is under 12 years of age and has a biological parent who

(i) is of Indigenous ancestry, including Métis and Inuit, and

(ii) considers himself or herself to be Indigenous, or

(e) who is 12 years of age or over, of Indigenous ancestry, including Métis and Inuit, and considers himself or herself to be Indigenous;

Section 1 (1) definition of "Indigenous Child", paragraphs (d) and (e) BEFORE amended by 2023-10-50, effective March 30, 2023 (Royal Assent).

(d) who is under 12 years of age and has a biological parent who

(i) is of Indigenous ancestry, including Métis and Inuit, and

(ii) considers himself or herself to be an Indigenous person,

(e) who is 12 years of age or over, of Indigenous ancestry, including Métis and Inuit, and considers himself or herself to be an Indigenous person, or

Section 1 (1) definition of "Indigenous child", paragraph (f) BEFORE amended by 2024-5-1(a), effective March 14, 2024 (Royal Assent).

(f) who an Indigenous authority confirms, by advising a director, is a child belonging to an Indigenous community;

Section 1 (1) definition of "personal health information" was added by 2024-5-1(b), effective March 14, 2024 (Royal Assent).

Section 1 (1) definition of "specified adult" was added by 2023-16-1, effective April 4, 2024 (BC Reg 76/2024).

Section 1 (1) definition of "director" BEFORE amended by 2022-40-17(a), effective July 30, 2024 (BC Reg 246/2024).

"director" means a person designated by the minister under section 91;

Section 2 (b.1) was added by 2018-27-2(a), effective April 1, 2019 (BC Reg 17/2019).

Section 2 (f) BEFORE amended by 2018-27-2(b), effective April 1, 2019 (BC Reg 17/2019).

(f) the cultural identity of aboriginal children should be preserved;

Section 3 (d) BEFORE amended by 2004-60-61, effective July 1, 2005 (BC Reg 231/2005).

(d) services should be integrated, wherever possible and appropriate, with services provided by other ministries and community agencies;

Section 3 (b) BEFORE amended by 2018-27-3(a), effective April 1, 2019 (BC Reg 17/2019).

(b) aboriginal people should be involved in the planning and delivery of services to aboriginal families and their children;

Section 3 (c.1) was added by 2018-27-3(b), effective April 1, 2019 (BC Reg 17/2019).

Section 3 (b) BEFORE amended by 2022-40-18(a), effective November 25, 2022 (BC Reg 245/2022).

(b) Indigenous people should be involved in the planning and delivery of services to Indigenous families and their children;

Section 3 (b.1) and (d.1) were added by 2022-40-18(b), effective November 25, 2022 (BC Reg 245/2022).

Section 3 (f) was added by 2023-16-2, effective April 4, 2024 (BC Reg 76/2024).

Section 4 (2) BEFORE amended by 2018-27-4, effective April 1, 2019 (BC Reg 17/2019).

(2) If the child is an aboriginal child, the importance of preserving the child's cultural identity must be considered in determining the child's best interests.

Part 1.1, sections 4.1, 4.2, 4.3 (part), 4.4 and 4.5 were enacted by 2022-40-19, effective November 25, 2022 (BC Reg 245/2022).

Section 4.3 (3) (b) and (c) were added by 2022-40-19(part), effective January 15, 2024 (BC Reg 275/2023).

Part 2 heading BEFORE amended by 2018-27-5, effective April 1, 2019 (BC Reg 17/2019).

Part 2 — Family Support Services and Agreements

Section 5 (2) (f) BEFORE amended by 2013-12-1, effective June 1, 2014 (BC Reg 82/2014)].

(f) services to support children who witness family violence.

Section 5 (1) BEFORE amended by 2018-27-6, effective April 1, 2019 (BC Reg 17/2019).

(1) A director may make a written agreement with a parent to provide, or to assist the parent to purchase, services to support and assist a family to care for a child.

Section 5 (1.1) and (1.2) were added by 2018-27-6, effective April 1, 2019 (BC Reg 17/2019).

Section 6 (7) (part) BEFORE amended by 2004-60-62, effective January 16, 2006 (BC Reg 350/2005).

(7) The agreement may be renewed, but the total duration of the agreement and all renewals must not exceed, from the date the first agreement was signed,

Section 6 (2) BEFORE amended by 2011-25-287, effective March 18, 2013 (BC Reg 131/2012).

(2) Under the agreement, the parent may give the care of the child to the director and delegate to the director as much of the parent's authority as guardian of the child's person as is required to give effect to the agreement.

Section 6 (2.1) and (2.2) were added by 2018-27-7(a), effective April 1, 2019 (BC Reg 17/2019).

Section 6 (5) (d) was added by 2018-27-7(b), effective April 1, 2019 (BC Reg 17/2019).

Section 7 (2) BEFORE amended by 2011-25-287, effective March 18, 2013 (BC Reg 131/2012).

Section 7 (2.1) and (2.2) were added by 2018-27-8, effective April 1, 2019 (BC Reg 17/2019).

Section 8 was enacted by RS1996 (Supp)-46-1, effective June 27, 2002 (BC Reg 159/2002).

Section 8 (2) BEFORE amended by 2018-27-9(a), effective April 1, 2019 (BC Reg 17/2019).

(2) The agreement may provide for the director to contribute to the child's support while the child is in the person's care.

Section 8 (3) and (4) were added by 2018-27-9(b), effective April 1, 2019 (BC Reg 17/2019).

Part 2.1 heading BEFORE amended by 2004-60-63, effective January 16, 2006 (BC Reg 350/2005).

Part 2.1 — Youth and Transitional Support Services and Agreements

Part 2.1 heading BEFORE amended by 2015-42-14, effective October 17, 2016 (BC Reg 240/2016).

Part 2.1 — Youth Transitional Support Services and Agreements

Part 2.1, Division 1 heading was enacted by 2023-16-3(a), effective April 4, 2024 (BC Reg 76/2024).

Section 12.2 (7) and (8) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(7) An agreement made by the director under this section with a youth is enforceable against the youth.

(8) An agreement made by the director under this section with a youth does not limit the court's power to hear an application and make an order about the youth.

Section 12.2 (2.1) and (2.2) were added by 2018-27-10, effective April 1, 2019 (BC Reg 17/2019).

Section 12.2 (6) BEFORE amended by 2022-40-20, effective November 25, 2022 (BC Reg 245/2022).

(6) No agreement under this section continues beyond the youth's 19th birthday.

Part 2.1, Division 2 heading was enacted by 2023-16-3(b), effective April 4, 2024 (BC Reg 76/2024).

Section 12.3 (1) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(1) Subject to the regulations, a director may make a written agreement with a person who, until the person's 19th birthday,

(a) received support services or financial assistance, or both, under section 12.2,

(b) was in the continuing custody of the director or the permanent custody of the Superintendent of Family and Child Service, or

(c) was in the guardianship of the director of adoption or of a director under section 29 (3) of the Family Relations Act.

Section 12.3 (3) BEFORE amended by 2004-60-65, effective January 16, 2006 (BC Reg 350/2005).

(3) The agreement may be renewed or the parties may, after an interval, make another agreement under this section, but, whether one or more agreements are made,

(a) the total of the terms must not exceed 24 months, and

(b) no agreement may extend beyond the person's 24th birthday.

Section 12.3 (1) (c) BEFORE amended by 2011-25-288, effective March 18, 2013 (BC Reg 131/2012).

(c) was in the guardianship of a director of adoption or of a director under section 29 (3) of the Family Relations Act.

Section 12.3 (1) BEFORE amended by 2015-42-15, effective October 17, 2016 (BC Reg 240/2016).

(1) Subject to the regulations, a director may make a written agreement with a person who, until the person's 19th birthday,

(a) received support services or financial assistance, or both, under section 12.2,

(b) was in the continuing custody of a director or the permanent custody of the Superintendent of Family and Child Service, or

Section 12.3 (2) (b) BEFORE amended by 2015-42-15, effective October 17, 2016 (BC Reg 240/2016).

(b) taking part in a rehabilitative program.

Section 12.3 (3) BEFORE amended by 2015-42-15, effective October 17, 2016 (BC Reg 240/2016).

(3) The agreement may be renewed or, after an interval, another agreement under this section may be made, but, whether one or more agreements are made,

(a) the total of the terms of all agreements with all directors, and all renewals to all agreements, relating to the same person must not exceed 24 months, and

(b) no agreement may extend beyond the person's 24th birthday.

Section 12.3 (1) (part) BEFORE amended by 2022-40-20, effective November 25, 2022 (BC Reg 245/2022).

(1) Subject to the regulations, a director may make a written agreement with a person 19 years or older who, before the person's 19th birthday, was

Section 12.3 BEFORE re-enacted by 2023-16-4, effective April 4, 2024 (BC Reg 76/2024).

Agreements with adults

12.3 (1) Subject to the regulations, a director may make a written agreement with a person 19 years or older who, before the person's nineteenth birthday, was

(a) a child in care,

(b) the subject of an order for custody under this Act, other than as described in paragraph (a), or

(2) The agreement may provide for support services or financial assistance, or both, to assist the person while

(a) enrolled in an educational or vocational training program, or

(b) taking part in a life skills or rehabilitative program.

(3) Subject to the regulations, the agreement may be renewed or, after an interval, another agreement under this section may be made.

Section 12.4 was enacted by 2023-16-5, effective April 4, 2024 (BC Reg 76/2024).

Section 13 (1.1) (part) BEFORE amended by 2013-12-2(b), effective March 14, 2013 (Royal Assent).

(1.1) For the purpose of subsection (1) (b) and (c) and section 14 (1) (a) but without limiting the meaning of "sexually abused" or "sexually exploited", a child has been or is likely to be sexually abused or sexually exploited if the child has been, or is likely to be,

Section 13 (1) (e) BEFORE amended by 2013-12-2(a), effective June 1, 2014 (BC Reg 82/2014)].

(e) if the child is emotionally harmed by the parent's conduct;

Section 13 (1.2) was added by 2013-12-2(c), effective June 1, 2014 (BC Reg 82/2014)].

Section 13 (3) was added by 2022-40-21, effective November 25, 2022 (BC Reg 245/2022).

Section 14 (1) BEFORE amended by 2002-21-2, effective June 27, 2002 (BC Reg 159/2002).

(1) A person who has reason to believe that a child

(a) has been, or is likely to be, physically harmed, sexually abused or sexually exploited by a parent or other person, or

(b) needs protection under section 13 (1) (d) to (k)

must promptly report the matter to a director or a person designated by a director.

Section 14 (1) BEFORE amended by 2022-40-22(a), effective November 25, 2022 (BC Reg 245/2022).

(1) A person who has reason to believe that a child needs protection under section 13 must promptly report the matter to a director or a person designated by a director.

Section 14 (1.1) was added by 2022-40-22(b), effective November 25, 2022 (BC Reg 245/2022).

Section 15 (1) (part) BEFORE amended by 2023-10-51, effective March 30, 2023 (Royal Assent).

(1) A police officer may take charge of a child and deliver him or her to a parent if the police officer considers that the child

Section 16 (1) BEFORE amended by 2004-60-66(a), effective January 16, 2006 (BC Reg 350/2005).

(1) On receiving a report about a child under section 14, 15 or 27, a director must assess the information in the report.(1) On receiving a report about a child under section 14, 15 or 27, a director must assess the information in the report.

Section 16 (1.1) and (1.2) was added by 2004-60-66(a), effective January 16, 2006 (BC Reg 350/2005).

Section 16 (2) (a) BEFORE amended by 2004-60-66(b), effective January 16, 2006 (BC Reg 350/2005).

(a) offer support services to the child and family,

Section 16 (2), (3), (4), and (5) BEFORE amended and (2) (b.1) was added by 2013-12-3, effective March 14, 2013 (Royal Assent).

(2) After the assessment, the director may

(a) offer support services and agreements to the child and family,

(b) refer the child and family to a community agency, or

(3) The director must make all reasonable efforts to report the result of the investigation under subsection (2) (c) to

(a) the parent apparently entitled to custody of the child,

(b) the person who reported the information that led to the investigation, and

(c) any other person or community agency if the director determines this is necessary to ensure the child's safety or well-being.

(4) In addition, the director may report the result of the investigation to the child if he or she is capable of understanding the information.

(5) Subsections (3) and (4) do not apply

(a) if reporting the result of the investigation would, in the opinion of the director, cause physical or emotional harm to any person or endanger the child's safety, or

(b) if a criminal investigation into the matter is under way or contemplated.

Section 16 (5) (b) BEFORE amended by 2016-5-46,Sch 8, effective March 10, 2016 (Royal Assent).

(b) if a criminal investigation into the matter is under way or contemplated.

Section 16 (1), (1.1) and (1.2) BEFORE amended by 2018-27-11(a), effective April 1, 2019 (BC Reg 17/2019).

(1) On receiving a report about a child under section 14, 15 or 27, a director must determine whether to refer the report to another director.

(1.1) If, under subsection (1), the director makes a determination to refer the report to another director,

(a) he or she must refer the report promptly, and

(b) the other director must assess the information in the report.

(1.2) If the director does not refer the report to another director, he or she must assess the information in the report.

Section 16 (1.3) and (1.4) were added by 2018-27-11(a), effective April 1, 2019 (BC Reg 17/2019).

Section 16 (2) (part) BEFORE amended by 2018-27-11(b), effective April 1, 2019 (BC Reg 17/2019).

(2) After the assessment under subsection (1.1) (b) or (1.2), the director may

Section 16 (2) (b) BEFORE amended by 2018-27-11(c), effective April 1, 2019 (BC Reg 17/2019).

(b) refer the child and family to a community agency,

Section 16 (2) (d) was added by 2018-27-11(d), effective April 1, 2019 (BC Reg 17/2019).

Section 16 (2.1), (2.2), (2.3) and (2.4) were added by 2018-27-11(e), effective April 1, 2019 (BC Reg 17/2019).

Section 16 (3) (b.1) was added by 2018-27-11(f), effective April 1, 2019 (BC Reg 17/2019).

Section 16 (1) (b) BEFORE amended by 2022-40-23(a), effective November 25, 2022 (BC Reg 245/2022).

(b) if the child is an Indigenous child who

(i) is a First Nation child and resides on the First Nation land of the First Nation, to that First Nation,

(ii) is a Nisg̱a'a child and resides on Nisg̱a'a Lands, to the Nisg̱a'a Nation, or

(iii) is a Treaty First Nation child and resides on the treaty lands of the Treaty First Nation, to that Treaty First Nation.

Section 16 (1.1) BEFORE amended by 2022-40-23(b), effective November 25, 2022 (BC Reg 245/2022).

(1.1) The director must not make a determination to refer the report as set out in subsection (1) (b) unless the First Nation, Nisg̱a'a Nation or Treaty First Nation

(a) is prescribed by regulation under section 103 (2) (d.1), and

(b) has made an agreement with the director under section 92.1 (1).

Section 16 (1.2) (c) BEFORE amended by 2022-40-23(c), effective November 25, 2022 (BC Reg 245/2022).

(i) refer the report in accordance with the agreement made under section 92.1 (1), and

(ii) inform the person who made the report that the director has referred the report to the First Nation, Nisg̱a'a Nation or Treaty First Nation, as applicable.

Section 16 (2) (b) and (d) BEFORE amended by 2022-40-23(d), effective November 25, 2022 (BC Reg 245/2022).

(b) refer the child and family to one or more of the following:

(i) a community agency;

(ii) if the child is a First Nation child, the First Nation;

(iii) if the child is a Nisg̱a'a child, the Nisg̱a'a Nation;

(iv) if the child is a Treaty First Nation child, the Treaty First Nation;

(v) if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child but is an Indigenous child, the child's Indigenous community,

(d) refer the report, in the case of an Indigenous child who

(i) is a First Nation child and resides on the First Nation land of the First Nation, to that First Nation,

(ii) is a Nisg̱a'a child and resides on Nisg̱a'a Lands, to the Nisg̱a'a Nation, or

(iii) is a Treaty First Nation child and resides on the treaty lands of the Treaty First Nation, to that Treaty First Nation.

Section 16 (2.1) and (2.2) BEFORE amended by 2022-40-23(e), effective November 25, 2022 (BC Reg 245/2022).

(2.1) The director must not refer the report as set out in subsection (2) (d) unless the First Nation, Nisg̱a'a Nation or Treaty First Nation

(a) is prescribed by regulation under section 103 (2) (d.1),

(b) has made an agreement with the director under section 92.1 (1), and

(c) provides written confirmation to the director that the First Nation, Nisg̱a'a Nation or Treaty First Nation will, with respect to the report, conduct an assessment as set out in subsection (2) (b.1) of this section or investigate as set out in subsection (2) (c) of this section.

(2.2) If the director refers the report as set out in subsection (2) (d), the director must

(a) refer the report in accordance with the agreement made under section 92.1 (1), and

(b) inform the person who made the report that the director has referred the report to the First Nation, Nisg̱a'a Nation or Treaty First Nation, as applicable.

Section 16 (4) BEFORE amended by 2023-10-52, effective March 30, 2023 (Royal Assent).

(4) In addition, the director may report the result of the assessment or investigation to the child if he or she is capable of understanding the information.

Section 17 (1) (b) and (2) (b) BEFORE amended by 2002-21-3, effective June 27, 2002 (BC Reg 159/2002).

(b) a person refuses to give the director access to the child, and

(b) require a person to disclose the location of the child;

Section 17 (1) (b) (i) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(i) to give the director access to the child, or

Section 17 (1) (b) (ii) BEFORE amended by 2004-60-67, effective January 16, 2006 (BC Reg 350/2005).

(ii) to provide the director with all the information known to the person that may assist the director in locating the child, and

Section 18 (1) BEFORE amended by 2002-21-4, effective June 27, 2002 (BC Reg 159/2002).

(1) If a person does not comply with an order under section 17 requiring the person to disclose the location of a child, the court may issue a warrant for the person's arrest to bring him or her before the court to explain why the order should not be enforced.

Section 18 (1) and (2) BEFORE amended by 2023-10-53, effective March 30, 2023 (Royal Assent).

(1) If a person does not comply with an order under section 17 (2) (b) or (c), the court may issue a warrant for the person's arrest to bring him or her before the court to explain why the order should not be enforced.

(2) Unless the court is satisfied when the person appears before the court that he or she is for valid reasons unable to comply with the order, the court may order that the person be imprisoned for the shorter of the following periods:

(a) until the person complies with the order;

Section 19 BEFORE amended by 2002-21-5, effective June 27, 2002 (BC Reg 159/2002).

19 (1) A director may apply to a judge of the court in person, by telephone or by any other means of telecommunication for an order under section 17 or a warrant under section 28 (3.3) or 98 (4.3).

(2) If a judge of the court is not available,

(a) a director may apply in person, by telephone or by any other means of telecommunication to a justice of the peace, designated for the purpose by the chief judge of the court, for an order under section 17 or a warrant under section 28 (3.3) or 98 (4.3), and

(b) the justice may make the order or issue the warrant.

Section 19 (1) and (2) (a) BEFORE amended by 2011-25-289, effective March 18, 2013 (BC Reg 131/2012).

(1) A director may apply to a judge of the court in person, by telephone or by any other means of telecommunication for an order under section 17 or 63 or a warrant under section 28 (3.3) or 98 (4.3).

(2) If a judge of the court is not available,

(b) the justice may make the order or issue the warrant.

Section 20 was enacted by RS1996 (Supp)-46-2, effective June 27, 2002 (BC Reg 159/2002) however this was amended by 1997-46-28, effective June 1, 1998 (BC Reg 172/98).

Section 20 (2) BEFORE replaced by 2013-12-4, effective March 14, 2013 (Royal Assent).

(2) If a director concludes after an investigation that a child needs protection, the director may offer to refer the parent or, if the parent is unavailable, another family member to a family conference coordinator.

Section 21 was enacted by RS1996 (Supp)-46-2, effective June 27, 2002 (BC Reg 159/2002).

Section 21 (4) (b) BEFORE amended by 2004-60-68, effective January 16, 2006 (BC Reg 350/2005).

(b) if the total period, including all extensions, is not more than 18 months.

Section 22 BEFORE renumbered to 22 (1) and BEFORE subsection (2) was added by 2022-40-24, effective November 25, 2022 (BC Reg 245/2022).

Mediation or other alternative dispute resolution mechanisms

22 If a director and any person are unable to resolve an issue relating to the child or a plan of care, the director and the person may agree to mediation or other alternative dispute resolution mechanisms as a means of resolving the issue.

Section 23 (3) BEFORE amended by 2004-60-69, effective January 16, 2006 (BC Reg 350/2005).

(3) If, as a result of a family conference, mediation or other alternative dispute resolution mechanism, a written agreement is made after a proceeding is commenced to determine if the child needs protection, a director may file the agreement with the court.

Section 24 (1) (d) BEFORE amended by 2004-60-70(a), effective January 16, 2006 (BC Reg 350/2005).

(d) if the disclosure is necessary for a child's safety or is required under section 14.

Section 24 (2) BEFORE amended by 2004-60-70(b), effective January 16, 2006 (BC Reg 350/2005).

(2) This section applies despite sections 76, 78 and 79.

Section 24 (3) was added by 2004-60-70(b), effective January 16, 2006 (BC Reg 350/2005).

Section 24 (2) BEFORE amended by 2007-9-129, effective June 21, 2007 (BC Reg 226/2007).

(2) This section applies despite section 79 of this Act and despite any provision, other than section 44 (2) and (3), of the Freedom of Information and Protection of Privacy Act.

Section 24 (2) BEFORE amended by 2021-27-26(a), effective October 28, 2021 (Royal Assent).

(2) This section applies despite section 79 of this Act and despite any provision, other than section 44 (1) (b), (2), (2.1) and (3), of the Freedom of Information and Protection of Privacy Act.

Section 24 (2.1) was added by 2021-27-26(b), effective October 28, 2021 (Royal Assent).

Section 24 (2) BEFORE amended by 2022-40-25, effective November 25, 2022 (BC Reg 245/2022).

(2) This section applies despite sections 79 and 79.1 of this Act and despite any provision, other than section 44 (1) (b), (2), (2.1) and (3), of the Freedom of Information and Protection of Privacy Act.

Section 27 (3) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(3) On taking charge of the child, the police officer must immediately report the circumstances to a director and

(a) take the child to the director or to a person or place designated by the director, or

(b) with the approval of the director, return the child to the child's parent or take the child to a person designated by the parent.

Section 28 (5.1) was added by 2002-21-6, effective June 27, 2002 (BC Reg 159/2002).

Section 28 (3.1) to (3.6) and (4) (a.1) BEFORE repealed by 2011-25-290, effective March 18, 2013 (BC Reg 131/2012).

(3.1) In a protective intervention order, the court may include an order authorizing a police officer to arrest, without a warrant, the person against whom the protective intervention order is made if the police officer has reasonable grounds to believe that the person has contravened or is contravening the protective intervention order.

(3.2) An order under subsection (3.1) does not authorize entry into a dwelling for the purpose of arresting a person.

(3.3) On application by a director, the court may issue a warrant authorizing a police officer, subject to subsection (3.4) and by force if necessary, to enter any dwelling specified in the warrant for the purpose of arresting a person against whom a protective intervention order has been made if there are reasonable grounds to believe that that person

(a) has contravened or is contravening the order, and

(b) is or will be present in the dwelling.

(3.4) A police officer may not enter a dwelling specified in a warrant under subsection (3.3) unless, immediately before the entry, the police officer has reasonable grounds to believe that the person to be arrested is present in the dwelling.

(3.5) The court must include in a warrant issued under subsection (3.3) any terms the court considers advisable to ensure that entry into the dwelling is reasonable in the circumstances.

(3.6) A person arrested under an order made under subsection (3.1) or a warrant issued under subsection (3.3) must

(a) be taken, as soon as possible and if practicable within 24 hours after the arrest, before a justice to be dealt with according to law, or

(b) be released under section 38 (3) of the Offence Act, as though the person had been arrested under a warrant issued under that Act and the warrant had been endorsed under section 38 (2) of that Act.

(4) Before the protective intervention order expires, the director or the person against whom the order was made may apply to the court and the court may do one or more of the following:

(a) change the order;

(a.1) include an order under subsection (3.1);

Section 28 (2.2) was added by 2018-27-12, effective April 1, 2019 (BC Reg 17/2019).

Section 29 (5) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(5) This section does not limit the director's power to remove the child under section 30 or to take any other steps authorized by this Act to protect the child.

Section 29 (2.1) was added by 2018-27-13, effective April 1, 2019 (BC Reg 17/2019).

Section 30 (4) (part) BEFORE amended by 2004-60-72, effective January 16, 2006 (BC Reg 350/2005).

(4) The director's authority or duty under this Act to remove a child applies whether or not

Section 32 (1) (b) BEFORE amended by 2002-21-7, effective June 27, 2002 (BC Reg 159/2002).

(b) the court makes an interim order about the child, or

Section 32 BEFORE amended by 2004-60-69, effective January 16, 2006 (BC Reg 350/2005).

32 (1) If a child is removed under section 30, 36 or 42, a director has care of the child until

(a) the child is returned by the director under section 33 (1) or (1.1),

(b) the court makes an interim order about the child under section 35 (2), 36 (3) or 42.1 (6), or

(d) [Repealed 1999-26-13.]

whichever happens first.

(2) While the child is in the director's care, the director may

(a) authorize a health care provider to examine the child, and

(b) consent to necessary health care for the child if, in the opinion of a health care provider, the health care should be provided without delay.

(3) On consenting to health care for the child, the director must, if practicable, notify the parent who at the time of the child's removal was apparently entitled to custody.

(4) Subsection (2) does not affect a child's right under section 17 of the Infants Act to consent to health care.

(5) While the child is in the director's care, the director may consent to the child's participation in routine school, social or recreational activities.

Section 32 (1) (a.1) was added by 2018-27-14, effective October 1, 2018 (BC Reg 187/2018).

Section 33 (1.1) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(1.1) Before a presentation hearing relating to the removal of a child under section 36 or 42, the director may return the child to the parent or other person who, at the time of the removal, was caring for the child under the director's supervision, if

(a) the director is satisfied that circumstances have changed so that the order in force at the time of the removal is adequate to protect the child, or

(b) the director is, as a result of new information received after the removal, satisfied that the order in force at the time of the removal is adequate to protect the child.

Section 33 (1) (part) and (1.1) (part) BEFORE amended by 2018-27-15(a), effective April 1, 2019 (BC Reg 17/2019).

(1) Before a presentation hearing relating to the removal of a child under section 30, the director may return the child to the parent apparently entitled to custody if

Section 33 (3) (part) BEFORE amended by 2018-27-15(b), effective April 1, 2019 (BC Reg 17/2019).

(3) If the director does not intend to take further steps under this Part, the director must, within 7 days after the child's removal,

Section 33.01 was enacted by 2018-27-16, effective October 1, 2018 (BC Reg 187/2018).

Sections 33.02 to 33.06 were enacted by 2022-40-28, effective January 15, 2024 (BC Reg 275/2023).

Section 33.1 (4) (c) BEFORE amended by 2007-36-35(a), effective April 3, 2009 (BC Reg 55/2009).

(c) the applicable aboriginal organization prescribed in the regulations for the purposes of this section, if the child is an aboriginal child, other than a Nis g̱ a'a child;

Section 33.1 (4) (e) was added by 2007-36-35(b), effective April 3, 2009 (BC Reg 55/2009).

Section 33.1 (4) (c) BEFORE amended by 2018-27-17(a) and (b), effective April 1, 2019 (BC Reg 17/2019).

(c) the applicable aboriginal organization prescribed in the regulations for the purposes of this section, if the child is an aboriginal child, other than a Nisg̱a'a child or a treaty first nation child;

Section 33.1 (4) (e) BEFORE amended by 2018-27-17(b), effective April 1, 2019 (BC Reg 17/2019).

(e) the treaty first nation, if the child is a treaty first nation child.

Section 33.1 (6) was added by 2018-27-17(c), effective April 1, 2019 (BC Reg 17/2019).

Section 34 (1) and (2) BEFORE amended by 2004-60-69, effective January 16, 2006 (BC Reg 350/2005).

(1) No later than 7 days after the day a child is removed under section 30, a director must attend the court for a presentation hearing.

(2) Subsection (1) does not apply if a director has returned the child under section 33 and withdrawn from the presentation hearing.

Section 34 (3) (d) BEFORE amended by 2007-36-36(a), effective April 3, 2009 (BC Reg 55/2009).

(d) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child, other than a Nis g̱ a'a child;

Section 34 (3) (f) was added by 2007-36-36(b), effective April 3, 2009 (BC Reg 55/2009).

Section 34 (2) BEFORE amended by 2018-27-18(a)(part), effective October 1, 2018 (BC Reg 187/2018).

(2) Subsection (1) does not apply if the director has returned the child under section 33 and withdrawn from the presentation hearing.

Section 34 (4) was added by 2018-27-18(a)(rem), effective April 1, 2019 (BC Reg 17/2019).

Section 34 (3) (d) BEFORE amended by 2018-27-18(b) and (c), effective April 1, 2019 (BC Reg 17/2019).

(d) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child, other than a Nisg̱a'a child or a treaty first nation child;

Section 34 (3) (f) BEFORE amended by 2018-27-18(c), effective April 1, 2019 (BC Reg 17/2019).

(f) the treaty first nation, if the child is a treaty first nation child.

Section 35 (2) BEFORE amended by 2002-21-8, effective June 27, 2002 (BC Reg 159/2002).

(2) At the conclusion of the hearing, the court must make

(a) an interim order that the child be in the custody of the director,

(b) an interim order that the child be returned to or remain with the parent under the supervision of the director, or

Section 35 (1) (b) BEFORE amended by 2018-27-19, effective April 1, 2019 (BC Reg 17/2019).

(b) an interim plan of care for the child, including, in the case of an aboriginal child, the steps to be taken to preserve the child's aboriginal identity, and

Section 36 (1) BEFORE amended by 2002-21-9, effective June 27, 2002 (BC Reg 159/2002).

(1) A director must, without any further court order, remove a child who is the subject of an interim order under section 33.2 (2), 35 (2) (b) or subsection (3) of this section if either or both of the following apply:

Section 36 (1) (b) BEFORE amended by 2004-60-73(a), effective January 16, 2006 (BC Reg 350/2005).

(b) the director has reasonable grounds to believe that a person has not complied with a term or condition of the order and the director is required by that order to remove the child if the person does not comply with that term or condition.

Section 36 (3) (a) (i) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under the director's supervision, and

Section 36 (3) (b) (i) BEFORE amended by 2004-60-73(b), effective January 16, 2006 (BC Reg 350/2005).

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under the director's supervision and that the child be under the director's supervision, or

Section 36 (2.1) (e) BEFORE amended by 2007-36-37(a), effective April 3, 2009 (BC Reg 55/2009).

(e) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child, other than a Nis g̱ a'a child;

Section 36 (2.1) (g) was added by 2007-36-37(b), effective April 3, 2009 (BC Reg 55/2009).

Section 36 (2.1) (e) BEFORE amended by 2018-27-20(a) and (b), effective April 1, 2019 (BC Reg 17/2019).

(e) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child, other than a Nisg̱a'a child or a treaty first nation child;

Section 36 (2.1) (g) BEFORE amended by 2018-27-20(b), effective April 1, 2019 (BC Reg 17/2019).

(g) the treaty first nation, if the child is a treaty first nation child.

Section 36 (2.3) was added by 2018-27-20(c), effective April 1, 2019 (BC Reg 17/2019).

Section 38 (1) (d.2) was added by 2004-60-74, effective January 16, 2006 (BC Reg 350/2005).

Section 38 (1) (c.2) was added by 2007-36-38(a), effective April 3, 2009 (BC Reg 55/2009).

Section 38 (1) (d) BEFORE amended by 2007-36-38(b), effective April 3, 2009 (BC Reg 55/2009).

(d) if the child is not a Nis g̱ a'a child and is not registered or not entitled to be registered as a member of an Indian band but is an aboriginal child, on a designated representative of an aboriginal community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent who at the time of the child's removal was apparently entitled to custody, if the child is under 12 years of age;

Section 38 (1) (c) and (d) BEFORE amended by 2018-27-21(a), effective April 1, 2019 (BC Reg 17/2019).

(c) if the child is registered or entitled to be registered as a member of an Indian band, on a designated representative of the band;

(d) if the child is neither a Nisg̱a'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band but is an aboriginal child, on a designated representative of an aboriginal community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent who at the time of the child's removal was apparently entitled to custody, if the child is under 12 years of age;

Section 38 (1) (c.2) BEFORE amended by 2018-27-21(b), effective April 1, 2019 (BC Reg 17/2019).

(c.2) if the child is a treaty first nation child, on a designated representative of the treaty first nation;

Section 39 (1) (c) and (d) BEFORE amended by 2002-21-10, effective June 27, 2002 (BC Reg 159/2002).

(c) if the child is an aboriginal child, other than a Nisg̱a'a child, a representative of an Indian band or aboriginal community served with notice of the hearing.

(d) if the child is a Nisg̱a'a child, the Nisg̱a'a Lisims Government.

Section 39 (1) (b) BEFORE amended by 2004-60-69, effective January 16, 2006 (BC Reg 350/2005).

Section 39 (1) (e) was added by 2004-60-75(a), effective January 16, 2006 (BC Reg 350/2005).

Section 39 (2) BEFORE amended by 2004-60-75(b), effective January 16, 2006 (BC Reg 350/2005).

(2) If a person referred to in subsection (1) appears at the commencement of a protection hearing or a person becomes a party under subsection (4), that person is entitled

(a) to notice of a hearing under section 42.2, 44, 46, 55, 57 or 58 relating to the child, and

(b) to be a party at the hearing if the person appears.

Section 39 (3) (a) BEFORE amended by 2004-60-75(c), effective January 16, 2006 (BC Reg 350/2005).

(a) to notice of a hearing under section 42.2, 44, 46, 55, 57 or 58 relating to the child, and

Section 39 (1) (c) BEFORE amended by 2007-36-39(a), effective April 3, 2009 (BC Reg 55/2009).

(c) if the child is an aboriginal child, other than a Nis g̱ a'a child, a designated representative of an Indian band or aboriginal community served with notice of the hearing;

Section 39 (1) (d) BEFORE amended by 2007-36-39(b), effective April 3, 2009 (BC Reg 55/2009).

(d) if the child is a Nis g̱ a'a child, a designated representative of the Nis g̱ a'a Lisims Government served with notice of the hearing;

Section 39 (1) (d.1) was added by 2007-36-39(c), effective April 3, 2009 (BC Reg 55/2009).

Section 39 (2) BEFORE amended by 2007-36-39(d), effective April 3, 2009 (BC Reg 55/2009).

(2) If a person referred to in subsection (1) (a), (b), (c) or (d) appears at the commencement of a protection hearing or a person becomes a party under subsection (4), that person is entitled

Section 39 (3) (a) BEFORE amended by 2011-13-13, effective February 1, 2012 (BC Reg 274/2012).

(a) to notice of a hearing under section 42.2, 44, 46, 49, 55, 57 or 58 relating to the child, and

Section 39 (1) (c) BEFORE amended by 2018-27-22(a) and (b), effective April 1, 2019 (BC Reg 17/2019).

(c) if the child is an aboriginal child, other than a Nisg̱a'a child or a treaty first nation child, the designated representative of the Indian band or aboriginal community who was served with notice of the hearing;

Section 39 (1) (d.1) BEFORE amended by 2018-27-22(b), effective April 1, 2019 (BC Reg 17/2019).

(d.1) if the child is a treaty first nation child, the designated representative of the treaty first nation who was served with notice of the hearing;

Section 39 (2) (a) BEFORE amended by 2018-27-22(c), effective April 1, 2019 (BC Reg 17/2019).

(a) to notice of a hearing under section 42.2, 44, 46, 49, 55, 57 or 58 relating to the child, and

Section 39 (3) (a) BEFORE amended by 2018-27-22(c), effective April 1, 2019 (BC Reg 17/2019).

(a) to notice of a hearing under section 42.2, 44, 46, 49, 54.01, 55, 57 or 58 relating to the child, and

Section 39 (2) (b) BEFORE amended by 2018-27-22(d), effective April 1, 2019 (BC Reg 17/2019).

(b) to be a party at the hearing if the person appears.

Section 39 (3) (b) BEFORE amended by 2018-27-22(d), effective April 1, 2019 (BC Reg 17/2019).

(b) to be a party at the hearing if the person appears.

Section 40 (2) (b) BEFORE amended by 2002-21-11, effective June 27, 2002 (BC Reg 159/2002).

(b) if an application was made under section 29.1, dismiss the application and terminate any interim order made under section 33.2 (2).

Section 41 (1) (a) BEFORE amended by 2004-60-76, effective January 16, 2006 (BC Reg 350/2005).

(a) if the child was removed, order the director to return the child as soon as possible to the parent apparently entitled to custody unless the child has already been returned, and

Section 41 (1) (b) BEFORE amended by 2004-60-77, effective January 16, 2006 (BC Reg 350/2005).

(b) that the child be placed in the custody of a person other than the parent with the consent of the other person and under the director's supervision, for a specified period in accordance with section 43;

Section 42 (1) (b) BEFORE amended by 2004-60-78, effective January 16, 2006 (BC Reg 350/2005).

(b) the director has reasonable grounds to believe that a person has not complied with a term or condition of the supervision order or interim order and the director is required by that order to remove the child if the person does not comply with that term or condition.

Section 42 (1) BEFORE amended by 2011-13-14, effective February 1, 2013 (BC Reg 274/2012).

(1) A director must, without any further court order, remove a child who is the subject of a supervision order made under section 41 (1) (a) or (b), (1.1) or (2.1), 42.2 (4) (a) or (c), 46 (3) or 49 (8) or an interim order made under section 42.1, if either or both of the following apply:

Section 42.1 (6) (b) (i) BEFORE amended by 2002-21-12, effective June 27, 2002 (BC Reg 159/2002).

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, was caring for the child under the director's supervision, and

Section 42.1 (3) (a) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(a) the parent or other person who, at the time of the removal, had custody of the child under the director's supervision;

Section 42.1 (6) (b) (i) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(i) that the child be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under the director's supervision, and

Section 42.1 (3) (c) and (4) BEFORE amended by 2007-36-40, effective April 3, 2009 (BC Reg 55/2009).

(4) The director need not inform a person referred to in section 34 (3) (b), (c), (d) or (e) if that would, in the director's opinion, cause physical or emotional harm to any person or endanger the child's safety.

Section 42.1 (4.1) was added by 2018-27-23(a), effective April 1, 2019 (BC Reg 17/2019).

Section 42.1 (5) (b) BEFORE amended by 2018-27-23(b), effective April 1, 2019 (BC Reg 17/2019).

(b) an interim plan of care for the child, including, in the case of an aboriginal child, the steps to be taken to preserve the child's aboriginal identity.

Section 42.2 (7) BEFORE amended by 2002-21-13, effective May 30, 2002 (BC Reg 116/2002).

(7) If satisfied at the hearing that a child who was the subject of a supervision order under section 49 (8) was removed in accordance with section 42 (1), the court must order that the child be placed in the continuing custody of the director.

Section 42.2 (3) (a) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(a) that the child be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under the director's supervision, and

Section 42.2 (4) (a) (i) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(i) be returned to or remain with the parent or other person who, at the time of the removal, had custody of the child under the director's supervision, and

Section 42.2 (5) (a) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(a) the period during which the child is under the director's supervision before the child is removed under section 42 (1);

Section 42.2 (1) (c.1) was added by 2011-13-15, effective February 1, 2013 (BC Reg 274/2012).

Section 42.2 (1) (d) BEFORE amended by 2011-13-15, effective February 1, 2013 (BC Reg 274/2012).

(d) unless already served under paragraph (b) or (c), a person referred to in section 42.1 (3) (a).

Section 44 (3.1) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(3.1) The total period during which a child is under the director's supervision must not exceed 12 months, including the periods, if any, during which the child was under the director's supervision before being removed under section 42 (1).

Section 44 (4) BEFORE amended by 2004-60-77, effective January 16, 2006 (BC Reg 350/2005).

(4) The time limit imposed under subsections (3) (a) and (3.1) does not apply to a supervision order made in respect of a child in the custody of a person other than the parent.

Section 44 (2) (c) BEFORE amended by 2011-25-292, effective March 18, 2013 (BC Reg 131/2012).

Section 44 (2) (d) was added by 2018-27-24(a), effective April 1, 2019 (BC Reg 17/2019).

Section 44 (2.1) was added by 2018-27-24(b), effective April 1, 2019 (BC Reg 17/2019).

Section 44.1 was enacted by 2011-13-16, effective February 1, 2013 (BC Reg 274/2012).

Section 44.1 (2) (d) BEFORE amended by 2011-25-291, effective March 18, 2013 (BC Reg 131/2012).

( d ) the Public Guardian and Trustee, if appointed guardian of the child's estate under section 58.

Section 44.1 (2) (c) was added by 2018-27-25(a), effective April 1, 2019 (BC Reg 17/2019).

Section 44.1 (2.1) was added by 2018-27-25(b), effective April 1, 2019 (BC Reg 17/2019).

Section 45 BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(1) The total period during which a child is in the temporary custody of the director or a person other than the child's parent must not exceed, from the date of the initial order until the child is returned to the parent or a continuing custody order is made,

(a) 12 months, if the child or the youngest child who was the subject of the initial order was under 5 years of age on the date of that order,

(b) 18 months, if the child or the youngest child who was the subject of the initial order was 5 years of age or over but under 12 years of age on the date of that order, and

(c) 24 months, if the child or the youngest child who was the subject of the initial order was 12 years of age or over on the date of that order.

Section 45 (1) BEFORE amended by 2011-13-17, effective February 1, 2013 (BC Reg 274/2012).

(1) The total period during which a child is in the temporary custody of a director or a person other than the child's parent must not exceed, from the date of the initial order until the child is returned to the parent or a continuing custody order is made,

Section 46 (2) (e) was added by 2018-27-26(a), effective April 1, 2019 (BC Reg 17/2019).

Section 46 (2.1) was added by 2018-27-26(b), effective April 1, 2019 (BC Reg 17/2019).

Section 47 (2) and (3) BEFORE amended by 2002-21-14, effective May 30, 2002 (BC Reg 116/2002).

(2) Any other person who has custody of a child under a temporary custody order has the same rights and responsibilities that a director has under subsection (1) unless they are limited by the court under subsection (3).

(3) When an interim order is made under section 35 (2) (a) or 42.1 (6) or a temporary custody order is made, the court may, in the child's best interests, order that the parent retain either or both of the following rights:

Section 47 (1) (c) BEFORE amended by 2011-25-293, effective March 18, 2013 (BC Reg 131/2012).

(c) to exercise any other rights and to carry out any other responsibilities of a guardian of the child's person, except the right to consent to the child's adoption.

Section 48 (1) BEFORE amended by 2004-60-69, effective January 16, 2006 (BC Reg 350/2005).

(1) At any time after the presentation hearing, a director may return a child to the parent apparently entitled to custody and withdraw from a proceeding if the director

(a) makes an agreement with the parent that the director considers adequate to protect the child, or

(b) considers that circumstances have changed so that the child no longer needs protection.

Section 48 (1.1) was added by 2018-27-27(a), effective October 1, 2018 (BC Reg 187/2018).

Section 48 (2) and (3) BEFORE amended by 2018-27-27(b) and (c), effective October 1, 2018 (BC Reg 187/2018).

(2) A director who withdraws from a proceeding must present to the court a written report on the director's reasons for returning the child.

(3) When a director withdraws from a proceeding, the proceeding ends without an order being made.

Section 48 (4) and (5) were added by 2018-27-27(d), effective October 1, 2018 (BC Reg 187/2018).

Sections 48.1 to 48.6 were enacted by 2022-40-30, effective January 15, 2024 (BC Reg 275/2023).

Section 49 (2) (c.2) was added by 2007-36-38(a), effective April 3, 2009 (BC Reg 55/2009).

Section 49 (2) (d) BEFORE amended by 2007-36-38(b), effective April 3, 2009 (BC Reg 55/2009).

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age;

Section 49 (2) (d.2), (7) (b) and (9) BEFORE amended and 7 (c) was added by 2011-13-18, effective February 1, 2013 (BC Reg 274/2012).

(d.2) any person who has custody of the child under section 41 (1) (b) or 42.2 (4) (c);

(b) that the child remain in the temporary custody of the director or a person other than the parent for a specified period of up to 6 months.

(9) Not sooner than 60 days before a temporary custody order under subsection (7) (b) expires, the director may apply to the court for a continuing custody order.

Section 49 (2) (e) BEFORE amended by 2011-25-292, effective March 18, 2013 (BC Reg 131/2012).

(e) on the Public Guardian and Trustee, if appointed guardian of the child's estate under section 58.

Section 49 (2) (c) and (d) BEFORE amended by 2018-27-28(a), effective April 1, 2019 (BC Reg 17/2019).

(c) if the child is registered or entitled to be registered as a member of an Indian band, on a designated representative of the band;

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age;

Section 49 (2) (c.2) BEFORE amended by 2018-27-28(b), effective April 1, 2019 (BC Reg 17/2019).

(c.2) if the child is a treaty first nation child, on a designated representative of the treaty first nation;

Section 49 (3) BEFORE amended by 2018-27-28(c), effective April 1, 2019 (BC Reg 17/2019).

(3) If the persons referred to in subsection (2) (b) to (d.2) appear at the continuing custody hearing, they are entitled

(a) to be parties at the hearing, and

(b) to notice of a hearing under section 42.2, 54, 56 or 57 and, if they appear at the hearing, to be a party at that hearing.

Section 50 (1) (a) and (b) BEFORE amended by 2011-25-294, effective March 18, 2013 (BC Reg 131/2012).

(a) the director becomes the sole guardian of the person of the child and may consent to the child's adoption,

(b) the Public Guardian and Trustee becomes the sole guardian of the estate of the child, and

Section 50 (4) BEFORE amended by 2018-27-29, effective April 1, 2019 (BC Reg 17/2019).

(4) The director must send a copy of the continuing custody order to the Public Guardian and Trustee.

Section 50.01 was enacted by 2018-27-30, effective April 1, 2019 (BC Reg 17/2019).

Section 50.01 (b) (part) BEFORE amended by 2022-40-31, effective March 7, 2024 (BC Reg 56/2024).

(b) if there is no agreement as referred to in paragraph (a), make reasonable efforts to involve, at least on an annual basis, the following:

Section 50.06 was enacted by 2022-40-33, effective November 25, 2022 (BC Reg 245/2022).

Section 50.1 was enacted by 2014-14-21, effective May 29, 2014 (Royal Assent).

Section 50.1 (1) (part) BEFORE amended by 2022-40-34(a), effective November 25, 2022 (BC Reg 245/2022).

(1) A director may request a director of adoption to place a child for adoption if

Sections 50.02 to 50.05 were enacted by 2022-40-32, effective January 15, 2024 (BC Reg 275/2023).

Section 51 BEFORE amended by 2011-25-295, effective March 18, 2013 (BC Reg 131/2012).

Role of Public Guardian and Trustee

51 If the Public Guardian and Trustee is the guardian of a child's estate under this Act, the Public Guardian and Trustee has the duties and powers with respect to the management of the child's property and the protection of the child's legal interests that are given by law to the Public Guardian and Trustee, including the duties and powers given by section 7 of the Public Guardian and Trustee Act and sections 12, 14 and 16 of the Infants Act.

Section 51.1 was enacted by 2022-40-36, effective January 15, 2024 (BC Reg 275/2023).

Section 52 (1) and (2) BEFORE amended by 2011-25-296, effective March 18, 2013 (BC Reg 131/2012).

(1) When a child is in the custody of a director under a continuing custody order or a director is guardian of the person of a child under another Act, the director must notify the Public Guardian and Trustee if the director consents to

(a) the child's adoption, or

(b) the child's residence being outside British Columbia.

(2) Subject to section 53, the Public Guardian and Trustee continues to be the guardian of the estate of a child referred to in subsection (1) even though the child resides outside British Columbia.

Section 53 (1) (e) was added by 2002-21-15, effective May 30, 2002 (BC Reg 116/2002).

Section 53 (2) BEFORE amended by 2011-25-297, effective March 18, 2013 (BC Reg 131/2012).

(2) When the continuing custody order terminates, the director ceases to be the guardian of the child's person and the Public Guardian and Trustee ceases to be the guardian of the child's estate.

Section 53 (1) (d.1) was added by 2022-40-37(a), effective January 15, 2024 (BC Reg 275/2023).

Section 53 (2) (b) BEFORE amended by 2022-40-37(b), effective January 15, 2024 (BC Reg 275/2023).

(b) the Public Guardian and Trustee ceases to be the child's property guardian.

Section 54 (2) (e) was added by 2002-21-16, effective May 30, 2002 (BC Reg 116/2002).

Section 54 (1) BEFORE amended by 2004-60-79(a), effective January 16, 2006 (BC Reg 350/2005).

(1) With the permission of the court, a party to a proceeding in which a continuing custody order was made may apply to the court for the cancellation of the order if the circumstances that caused the court to make the order have changed significantly.

Section 54 (2) (e) BEFORE amended by 2004-60-79(b), effective January 16, 2006 (BC Reg 350/2005).

(e) the parties to the proceeding in which the continuing custody order was granted.

Section 54 (2) (f) was added by 2018-27-31(a), effective April 1, 2019 (BC Reg 17/2019).

Section 54 (2.1) was added by 2018-27-31(b), effective April 1, 2019 (BC Reg 17/2019).

Part 3, heading for Division 5.1 was enacted by 2011-13-19, effective February 1, 2013 (BC Reg 274/2012).

Section 54.01 was enacted by 2011-13-20, effective February 1, 2013 (BC Reg 274/2012).

Section 54.01 (3) (i) BEFORE amended by 2011-25-291, effective March 18, 2013 (BC Reg 131/2012).

( i ) the Public Guardian and Trustee, if appointed guardian of the child's estate under section 58.

Section 54.01 (3) (c) and (f) BEFORE amended by 2018-27-32(a), effective April 1, 2019 (BC Reg 17/2019).

(c) if the child is registered or entitled to be registered as a member of an Indian band, a designated representative of the band;

(f) if the child is neither a Nisg̱a'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band but is an aboriginal child, a designated representative of an aboriginal community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age;

Section 54.01 (3) (e) BEFORE amended by 2018-27-32(b), effective April 1, 2019 (BC Reg 17/2019).

(e) if the child is a treaty first nation child, a designated representative of the treaty first nation;

Section 54.01 (4) BEFORE amended by 2018-27-32(c), effective April 1, 2019 (BC Reg 17/2019).

(4) If the persons referred to in subsection (3) (b) to (h) appear at the hearing, they are entitled

(a) to be parties at the hearing, and

(b) to notice of a hearing under section 42.2 or 57 and, if they appear at the hearing, to be a party at that hearing.

Section 54.1 was added by 2002-21-17, effective May 30, 2002 (BC Reg 116/2002).

Section 54.1 (1) BEFORE amended by 2004-60-80(a), effective January 16, 2006 (BC Reg 350/2005).

(1) A director may apply to the court to permanently transfer the custody of a child who is in the custody of the director under a continuing custody order to a person other than the child's parent.

Section 54.1 (1.1) was added by 2004-60-80(b), effective January 16, 2006 (BC Reg 350/2005).

Section 54.1 (2) (d.1) was added by 2007-36-41(a), effective April 3, 2009 (BC Reg 55/2009).

Section 54.1 (2) (e) BEFORE amended by 2007-36-41(b), effective April 3, 2009 (BC Reg 55/2009).

(e) if the child is not a Nis g̱ a'a child and is not registered or not entitled to be registered as a member of an Indian band but is an aboriginal child, a designated representative of an aboriginal community that has been identified by

Section 54.1 (2) (c) and (e) BEFORE amended by 2018-27-33(a), effective April 1, 2019 (BC Reg 17/2019).

(c) if the child is registered or entitled to be registered as a member of an Indian band, a designated representative of the band;

(e) if the child is neither a Nisg̱a'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band but is an aboriginal child, a designated representative of an aboriginal community that has been identified by

(i) the child, if 12 years of age or over, or

(ii) the parent, if the child is under 12 years of age;

Section 54.1 (2) (d.1) BEFORE amended by 2018-27-33(b), effective April 1, 2019 (BC Reg 17/2019).

(d.1) if the child is a treaty first nation child, a designated representative of the treaty first nation;

Section 54.1 (2.1) was added by 2018-27-33(c), effective April 1, 2019 (BC Reg 17/2019).

Section 54.1 (4) (part) BEFORE amended by 2022-40-38, effective November 25, 2022 (BC Reg 245/2022).

(4) A court may rely on the consent given under subsection (3) by persons referred to in subsection 2 (a) and (b) if the court is satisfied that each person

Section 54.2 was added by 2002-21-17, effective May 30, 2002 (BC Reg 116/2002).

Section 54.2 (1) and (2) BEFORE amended by 2011-13-21, effective February 1, 2013 (BC Reg 274/2012).

(1) When an order is made transferring custody of a child under section 54.1,

(a) the individual to whom custody is transferred becomes the guardian of the person and the guardian of the estate of the child, and

(b) the order does not affect the child's rights respecting inheritance or succession to property.

(2) A custody order made under section 54.1 is not

(a) enforceable under this Act, and

(b) capable of being confirmed, modified or cancelled under this Act.

Section 54.2 (2.1) was added by 2011-13-21, effective February 1, 2013 (BC Reg 274/2012).

Section 54.2 (4) BEFORE amended and (a) and (b) were added by 2011-13-21, effective February 1, 2013 (BC Reg 274/2012).

(4) The director must send a copy of the order under section 54.1 to the Public Guardian and Trustee.

Section 54.2 (1) (a) BEFORE amended by 2011-25-298, effective March 18, 2013 (BC Reg 131/2012).

(a) the individual to whom custody is transferred becomes the guardian of the person and the guardian of the estate of the child, and

Section 54.2 (4) (a) BEFORE amended by 2011-25-299, effective March 18, 2013 (BC Reg 131/2012).

( a ) the order is made under section 54.01 (5) and the Public Guardian and Trustee is the guardian of the child's estate under section 58 at the time the order is made, or

Section 55 (1) and (2) BEFORE amended by 2002-21-18, effective June 27, 2002 (BC Reg 159/2002).

(1) At the time an order, other than a continuing custody order, is made under this Part, the parent who had custody when the child was removed may apply to the court for access to the child.

(2) After an order, other than a continuing custody order, is made under this Part, any person may apply to the court for access to the child.

Section 55 (3) (c) (i) BEFORE amended by 2007-36-42, effective April 3, 2009 (BC Reg 55/2009).

(i) if the application is made before the protection hearing, the persons mentioned in section 34 (3) (b), (d) and (e), and

Section 55 (1) and (2) BEFORE amended by 2011-13-22, effective February 1, 2013 (BC Reg 274/2012).

(1) At the time an order, other than a continuing custody order or an order made under section 54.1, is made under this Part, the parent who had custody when the child was removed may apply to the court for access to the child.

(2) After an order, other than a continuing custody order or an order made under section 54.1, is made under this Part, any person may apply to the court for access to the child.

Section 55 (3.1) was added by 2018-27-34, effective April 1, 2019 (BC Reg 17/2019).

Section 56 (1) BEFORE amended by 2002-21-19, effective June 27, 2002 (BC Reg 159/2002).

(1) After a continuing custody order is made, a parent or any other person may apply to the court for access to the child.

Section 56 (2.1) was added by 2018-27-35, effective April 1, 2019 (BC Reg 17/2019).

Section 57 (5) was added by 2002-21-20, effective June 27, 2002 (BC Reg 159/2002).

Section 57 (2) (d) (i) BEFORE amended by 2007-36-42, effective April 3, 2009 (BC Reg 55/2009).

(i) if the application is for an access order and is made before the protection hearing, the persons mentioned in section 34 (3) (b), (d) and (e), and

Section 57 (1) (c) BEFORE amended by 2011-25-300, effective February 1, 2013 (BC Reg 274/2012).

Section 57 (2) (d) (ii), (3) (a) and (5) BEFORE amended by 2011-13-23(b) to (d), effective February 1, 2013 (BC Reg 274/2012).

(ii) if the application is for any order referred to in subsection (1) of this section and is made after the protection hearing, the persons who under section 39 or 49 (3) are entitled to notice.

(a) if the order was made under section 42.2, 44 or 46, make an order under section 41;

(5) This section does not apply if the change of circumstances relates to an application to transfer custody under section 54.1, whether or not custody is transferred under that section.

Section 57 (1) (c) BEFORE amended by 2011-25-292, effective March 18, 2013 (BC Reg 131/2012).

(c) the Public Guardian and Trustee, if the order is a temporary custody order and the Public Guardian and Trustee has been appointed guardian of the child's estate under section 58, and

Section 57 (2) (d) (iii) was added by 2018-27-36(a), effective April 1, 2019 (BC Reg 17/2019).

Section 57 (2.1) was added by 2018-27-36(b), effective April 1, 2019 (BC Reg 17/2019).

Section 57.01 was enacted by 2011-13-24, effective February 1, 2013 (BC Reg 274/2012).

Section 57.01 (2.1) was added by 2018-27-37, effective April 1, 2019 (BC Reg 17/2019).

Section 57.1 was added by 2002-21-21, effective June 27, 2002 (BC Reg 159/2002).

Section 57.1 (2.1) was added by 2018-27-37, effective April 1, 2019 (BC Reg 17/2019).

Section 58 (1) BEFORE amended by 2004-60-69, effective January 16, 2006 (BC Reg 350/2005).

(1) When a temporary custody order is made or at any time during the term of that order, a director may apply to the court for an order appointing the Public Guardian and Trustee as guardian of the child's estate.

Section 58 (1) and (3) BEFORE amended by 2011-25-301, effective March 18, 2013 (BC Reg 131/2012).

(1) When a temporary custody order is made or at any time during the term of that order, the director may apply to the court for an order appointing the Public Guardian and Trustee as guardian of the child's estate.

(3) The court may appoint the Public Guardian and Trustee as guardian of the child's estate for all or part of the term of the temporary custody order if

(a) a financial or legal interest of the child must be dealt with during the term of the temporary custody order, and

(b) the interests of a parent conflict or may conflict with the child's interests.

Section 59 (2.1) was added by 2018-27-38, effective April 1, 2019 (BC Reg 17/2019).

Section 60 (3) BEFORE amended by 2002-21-22, effective June 27, 2002 (BC Reg 159/2002).

(3) The court may dispense with a consent required under subsection (2) as follows:

(a) with the consent of the child, if the court considers it in the child's best interests to do so;

(b) [Repealed 1999-26-25.]

(c) with the consent of any person other than the child, if the person has been served with notice of an application for a consent order but has not filed an objection with the court within 10 days after being served.

Section 60 (1) (part) BEFORE amended by 2004-60-81(a), effective January 16, 2006 (BC Reg 350/2005).

(1) With the written consent of the following, the court may, at any time after a presentation hearing, make any custody or supervision order that is provided for in this Part, including a continuing custody order:

Section 60 (6) BEFORE amended by 2004-60-81(b), effective January 16, 2006 (BC Reg 350/2005).

(6) In addition to its powers under subsection (1), the court may, with the written consent of the parties, make any other order mentioned in this Act.

Section 60 (7) was added by 2004-60-81(c), effective January 16, 2006 (BC Reg 350/2005).

Section 60 (1) (e) BEFORE amended by 2007-36-43, effective April 3, 2009 (BC Reg 55/2009).

(e) if the child is an aboriginal child, the person who is or would have been entitled under section 38 (1) (c), (c.1) or (d) to notice of any protection hearing concerning the child.

Section 60 (1) (part) BEFORE amended by 2011-13-25(a), effective February 1, 2013 (BC Reg 274/2012).

(1) With the written consent of the following, the court may, at any time after a presentation hearing, make any custody or supervision order that is provided for in this Part, other than a transfer of custody under section 54.1, but including a continuing custody order:

Section 60 (1.1) was added by 2011-13-25(b), effective February 1, 2013 (BC Reg 274/2012).

Section 60 (1) (e) BEFORE amended by 2018-27-39, effective April 1, 2019 (BC Reg 17/2019).

(e) if the child is an aboriginal child, the person who is or would have been entitled under section 38 (1) (c), (c.1), (c.2) or (d) to notice of any protection hearing concerning the child.

Section 61 (2) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(2) This section does not operate to extend a limit set by section 45 (1) or by an order under section 45 (1.1) respecting the total period during which the child may be in the temporary custody of the director or another person.

Section 61 (1) (part) BEFORE amended by 2011-13-26, effective February 1, 2013 (BC Reg 274/2012).

(1) If a child is in the custody of a director or another person under a temporary custody order and an application for an extension of that order, for a continuing custody order or for a supervision order under section 46 is adjourned,

Section 62 (2) BEFORE amended by 2002-21-23, effective June 27, 2002 (BC Reg 159/2002).

(2) If an appeal is brought, any party to the proceeding in which the order under appeal was made may apply to the court hearing the appeal, and it may order that custody of the child be transferred in accordance with the order under appeal.

Section 62 (1) (part) BEFORE amended by 2022-40-39, effective January 15, 2024 (BC Reg 275/2023).

(1) If an order made under this Part or Part 6 has the effect of transferring the care or custody of a child from a director to another person, the order is suspended

Section 63 (1) BEFORE amended by 2002-21-24, effective June 27, 2002 (BC Reg 159/2002).

(1) If custody of a child is given to a director or another person by an order made or enforceable under this Act and the director or other person is denied custody of the child, a court may, on application, order that a police officer take charge of the child and take the child to the person entitled to custody under the order.

Section 69 (1) (b) BEFORE amended by 2024-5-2, effective March 14, 2024 (Royal Assent).

(b) dispense with a requirement that notice of a proceeding or of all proceedings in relation to a child be served on a party or other person.

Section 70 (1) (m) and (n) BEFORE amended by 2002-50-16, effective September 30, 2002 (BC Reg 266/2002).

(m) to privacy during discussions with a lawyer, the Child, Youth and Family Advocate, the Ombudsman, a member of the Legislative Assembly or a member of Parliament;

(n) to be informed about and to be assisted in contacting the Child, Youth and Family Advocate;

Section 70 (1) (o) BEFORE amended by 2004-60-82, effective January 16, 2006 (BC Reg 350/2005).

(o) to be informed of their rights under this Act and the procedures available for enforcing their rights.

Section 70 (1) (m), (n) and (3) BEFORE amended by 2006-29-31, effective March 30, 2007 (BC Reg 88/2007).

(m) to privacy during discussions with a lawyer, the child and youth officer or a person employed or retained by the child and youth officer under the Office for Children and Youth Act, the Ombudsman, a member of the Legislative Assembly or a member of Parliament;

(n) to be informed about and to be assisted in contacting the child and youth officer under the Office for Children and Youth Act, or the Ombudsman;

(3) This section does not apply to a child who is in a place of confinement.

Section 70 (1) (m) and (n) BEFORE amended by 2009-21-4,Sch 1, effective October 29, 2009 (Royal Assent).

(m) to privacy during discussions with a lawyer, the representative or a person employed or retained by the representative under the Representative for Children and Youth Act, the Ombudsman, a member of the Legislative Assembly or a member of Parliament;

(n) to be informed about and to be assisted in contacting the representative under the Representative for Children and Youth Act, or the Ombudsman;

Section 70 (1) (f) BEFORE amended by 2014-14-22, effective May 29, 2014 (Royal Assent).

(f) to be informed of the standard of behaviour expected by their caregivers and of the consequences of not meeting their caregivers' expectations;

Section 70 (1.1) was added by 2018-27-40, effective April 1, 2019 (BC Reg 17/2019).

Section 71 (1) BEFORE amended by 2004-60-69, effective January 16, 2006 (BC Reg 350/2005).

(1) When deciding where to place a child, a director must consider the child's best interests.

Section 71 (3) BEFORE amended by 2018-27-41, effective April 1, 2019 (BC Reg 17/2019).

(3) If the child is an aboriginal child, the director must give priority to placing the child as follows:

(a) with the child's extended family or within the child's aboriginal cultural community;

(b) with another aboriginal family, if the child cannot be safely placed under paragraph (a);

(c) in accordance with subsection (2), if the child cannot be safely placed under paragraph (a) or (b) of this subsection.

Section 71 (2) (b) BEFORE amended by 2023-10-54, effective March 30, 2023 (Royal Assent).

(b) in the same family unit as the child's brothers and sisters;

Part 5 heading BEFORE re-enacted by 2004-60-83, effective January 16, 2006 (BC Reg 350/2005).

Part 5 — Confidentiality and Disclosure of Information

Section 73 BEFORE re-enacted by 2004-60-83, effective January 16, 2006 (BC Reg 350/2005).

Definition

73 In this Part, "record" means a record as defined in the Freedom of Information and Protection of Privacy Act that

(a) is made under this Act on or after January 29, 1996, and

(b) is in the custody or control of a director.

Section 74 BEFORE re-enacted by 2004-60-83, effective January 16, 2006 (BC Reg 350/2005).

Note: above 2004-60-83 is amended by 2004-64-16 as it re-enacts 74 (2) (e), effective October 21, 2004 (Royal Assent).

Freedom of Information and Protection of Privacy Act

74 Except as provided in this Part, the Freedom of Information and Protection of Privacy Act does not apply to a record made under this Act or to information in that record.

Section 74 (a) BEFORE amended by 2011-17-32, effective November 14, 2011 (Royal Assent).

(a) a reference to "head" includes, with respect to a record, the director who has custody or control;

Section 74 (e) BEFORE amended by 2011-17-32, effective November 14, 2011 (Royal Assent).

(e) the only provisions of sections 33.1 and 33.2 that apply to a director are the following:

(i) section 33.1 (1) (a) [in accordance with Part 2 of the Act];

(ii) section 33.1 (1) (b) [individual consent];

(iii) section 33.1 (1) (o) [archival and historical purposes];

(iv) section 33.2 (j) [in Canada — archives];

(v) section 33.2 (k) [in Canada — research];

Section 74 (2) (f) BEFORE replaced by 2013-12-5, effective March 14, 2013 (Royal Assent).

(f) the powers of the commissioner apply to the exercise of a director's powers, duties and functions under the Freedom of Information and Protection of Privacy Act, subject to this section.

Section 74 (2) (e.1) (ii) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.

(ii) an individual is an individual who has made a report under section 14 of this Act.

Section 74 (1) BEFORE amended by 2021-27-27(a), effective October 28, 2021 (Royal Assent).

(1) Sections 74 to 79 apply despite the Freedom of Information and Protection of Privacy Act.

Section 74 (2) (c) and (d) BEFORE amended by 2021-27-27(b), effective October 28, 2021 (Royal Assent).

(c) the authority for a public body to collect personal information indirectly under section 27 (1) (b) includes the authority to collect personal information indirectly when the information may be disclosed to the public body under section 79 of this Act;

(d) the authority for a public body to use personal information under section 32 (c) includes the authority to use personal information for a purpose for which that information may be disclosed to the public body under section 79 of this Act;

Section 74 (2) (e) and (e.1) BEFORE amended by 2021-39-52, effective November 25, 2021 (Royal Assent).

(e) the only provisions of sections 33.1 and 33.2 that apply to a director are the following:

(i) section 33.1 (1) (a) [in accordance with Part 2 of the Act];

(ii) section 33.1 (1) (b) [individual consent];

(iii) section 33.1 (1) (i.1) [payment to government or public body];

(iv) section 33.1 (1) (m.1) [domestic violence];

(v) section 33.1 (1) (o) [archival and historical purposes];

(vi) section 33.1 (1) (s) [research];

(vii) section 33.1 (6) [identity management services], except that the reference to "any other provision of this section or section 33.2" is to be read as a reference to any provision referred to in paragraph (e) (i) to (vi) and (viii) to (xi) of this subsection;

(viii) section 33.1 (7) [responding to an individual];

(ix) section 33.2 (d) [common or integrated program or activity];

(x) section 33.2 (j) [in Canada — archives];

(xi) section 33.2 (l) [evaluating program or activity];

(e.1) the authority for a public body to disclose personal information under section 33.1 (1) (q) or (r) or (7) or 33.3 does not include the authority to disclose information that could reasonably be expected to reveal that

(i) a child is a child in care, or

(ii) an individual is an individual who has made a report under section 14 of this Act;

Section 74 (2) (e.1) (part) BEFORE amended by BC Reg 103/2022 under RS1996-440-12(1), effective April 12, 2022 (BC Reg 103/2022).

(e.1) the authority for a public body to disclose personal information under section 33.1 (2) (r) or (w) or 33.3 does not include the authority to disclose information that could reasonably be expected to reveal that

Section 74 (1) BEFORE amended by 2022-40-40(a), effective November 25, 2022 (BC Reg 245/2022).

(1) Sections 74 to 79.1 apply despite the Freedom of Information and Protection of Privacy Act.

Section 74 (2) (c) and (d) BEFORE amended by 2022-40-40(b), effective November 25, 2022 (BC Reg 245/2022).

Section 74 (2) (e) (v.1) was added by 2022-40-40(c), effective November 25, 2022 (BC Reg 245/2022).

Section 75 (a), (b) and (c) BEFORE amended by 2002-50-17, effective September 30, 2002 (BC Reg 266/2002).

(a) in accordance with section 76 to a person who has a right of access to a record,

(b) in accordance with section 78 or 79, or

(c) in a report under section 8 or 9 of the Children's Commission Act, but only to the extent necessary to establish grounds for findings or recommendations contained in that report.

Section 75 BEFORE re-enacted by 2004-60-83, effective January 16, 2006 (BC Reg 350/2005).

Confidentiality of information

75 A person must not disclose information obtained under this Act except

(a) in accordance with section 76 to a person who has a right of access to a record, or

(b) in accordance with section 78 or 79.

Section 75 (a) and (b) BEFORE replaced by 2013-12-6, effective March 14, 2013 (Royal Assent).

(a) section 24, or

(b) the Freedom of Information and Protection of Privacy Act subject to section 74.

Section 75 (a) BEFORE amended by 2018-27-42, effective April 1, 2019 (BC Reg 17/2019).

(a) section 24 or 79 of this Act, or

Section 75 (a.1) was added by 2018-27-42, effective April 1, 2019 (BC Reg 17/2019).

Section 75 BEFORE amended by 2021-27-28, effective October 28, 2021 (Royal Assent).

Disclosure of information restricted

75 A person must not disclose information obtained under this Act, except in accordance with

(a) an agreement made under section 5, 6, 7, 8, 12.2 or 92.1, if the agreement includes conditions on the use, disclosure and security of information provided under the agreement,

(a.1) section 24 or 79 of this Act, or

(b) the Freedom of Information and Protection of Privacy Act, subject to section 74 of this Act.

Section 75 BEFORE amended by 2022-40-41, effective November 25, 2022 (BC Reg 245/2022).

Disclosure of information restricted

75 Subject to section 79.1 (5), a person must not disclose information obtained under this Act, except in accordance with

(a) an agreement made under section 5, 6, 7, 8, 12.2 or 92.1, if the agreement includes conditions on the use, disclosure and security of information provided under the agreement,

(a.1) section 24, 79 or 79.1 of this Act, or

(b) the Freedom of Information and Protection of Privacy Act, subject to section 74 of this Act.

Section 75.1 was enacted by 2022-40-42, effective November 25, 2022 (BC Reg 245/2022).

Section 76 BEFORE re-enacted by 2004-60-83, effective January 16, 2006 (BC Reg 350/2005).

Right of access and right to consent to disclosure

76 (1) A person has the right

(a) to be given access to a record containing information about the person, and

(b) to consent, in the prescribed manner, to the disclosure of that information.

(2) A person has the right

(a) to be given access to a record containing information about a child who is under 12 years of age and is in the person's legal care, and

(b) to consent, in the prescribed manner, to the disclosure of that information.

(3) The right to be given access to a record and to consent to the disclosure of information in the record does not extend to information excepted from disclosure under section 77.

(4) If information excepted under section 77 can reasonably be severed from a record, a person referred to in subsection (1) or (2) has the right of access to and the right to consent to the disclosure of information in the remainder of the record.

(5) A person who is given access to a record under this section has the following rights:

(a) to examine the record or obtain a copy of the record;

(b) to request that the record be corrected.

Section 77 BEFORE re-enacted by 2004-60-83, effective January 16, 2006 (BC Reg 350/2005).

Exceptions to access rights

77 (1) A director must refuse to disclose information to a person who has a right of access under section 76 if the disclosure

(a) would be an unreasonable invasion of a third party's personal privacy, or

(b) could reasonably be expected to reveal the identity of a person who has made a report under section 14 and who has not consented to the disclosure.

(2) A director may refuse to disclose information to a person who has a right of access under section 76 if

(a) there are reasonable grounds to believe that the disclosure might result in physical or emotional harm to that person or to another person,

(b) the disclosure could reasonably be expected to jeopardize an investigation under section 16 or a criminal investigation that is under way or contemplated,

(c) the information was supplied in confidence, during an investigation under section 16, by a person who was not acting on behalf of or under the direction of a director, or

(d) the information is subject to solicitor-client privilege.

(3) Section 22 (2) to (4) of the Freedom of Information and Protection of Privacy Act applies for the purpose of determining whether a disclosure of information is an unreasonable invasion of a third party's personal privacy.

Section 77 (2) (b) BEFORE amended by 2013-12-7, effective March 14, 2013 (Royal Assent).

(b) the information was supplied in confidence, during an investigation under section 16, by a person who was not acting on behalf of or under the direction of a director.

Section 77 (2) (a) BEFORE amended by 2016-5-46,Sch 8, effective March 10, 2016 (Royal Assent).

(a) the disclosure could reasonably be expected to jeopardize an investigation under section 16 or a criminal investigation that is under way or contemplated, or

Section 78 BEFORE re-enacted by 2004-64-13, effective October 21, 2004 (Royal Assent).

78 A director may disclose information obtained under this Act if a person who under section 76 has a right of access to a record containing that information has consented in the prescribed manner to its disclosure.

Section 78 BEFORE repealed by 2004-60-84, effective January 16, 2006 (BC Reg 350/2005).

Disclosure with consent

78 (1) A director may disclose information obtained under this Act if a person who under section 76 has a right of access to a record containing that information has consented in the prescribed manner to its disclosure.

(2) Disclosure under subsection (1) may only be within Canada unless the consent specifically allows disclosure outside Canada.

Section 79 (c) BEFORE amended by 2003-85-47, effective April 1, 2004 (BC Reg 139/2004).

Section 79 (b), (j), (k) and (l) BEFORE amended by 2004-64-14, effective October 21, 2004 (Royal Assent).

(b) required by section 64 or by order of a court to be made to a party to a proceeding,

(j) made to caregivers and the information relates to children in their care,

(k) necessary for the administration of this Act, or

(l) for research purposes in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.

Section 79 (i) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(i) made to the director's legal counsel,

Section 79 (h.1) was added by 2004-60-85(a), effective January 16, 2006 (BC Reg 350/2005).

Section 79 (l) BEFORE repealed by 2004-60-85(b), effective January 16, 2006 (BC Reg 350/2005).

(l) made in Canada and for research purposes in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.

Section 79 (g.1) and (g.2) were added by 2007-5-1, effective March 29, 2007 (Royal Assent).

Section 79 (h) BEFORE amended by 2011-25-302, effective March 18, 2013 (BC Reg 131/2012).

(h) necessary to enable the Public Guardian and Trustee to perform duties and exercise powers as guardian of a child's estate under this Act,

Section 79 (h.2) was added by 2014-14-23(a), effective May 29, 2014 (Royal Assent).

Section 79 (j) BEFORE amended by 2014-14-23(b), effective May 29, 2014 (Royal Assent).

(j) made in Canada to caregivers and the information relates to children in their care, or

Section 79 (a.2) and (a.3) were added by 2018-27-43, effective April 1, 2019 (BC Reg 17/2019).

Section 79 (j) and (k) BEFORE amended by 2021-39-53, effective November 25, 2021 (Royal Assent).

(j) made in Canada to caregivers or prospective adoptive parents and the information relates to children in their care, or

(k) made in Canada and necessary for the administration of this Act.

Section 79 (a.3) and (k) BEFORE amended by 2022-40-43, effective November 25, 2022 (BC Reg 245/2022).

(a.3) made to a First Nation, the Nisg̱a'a Nation, a Treaty First Nation or another Indigenous community in accordance with an agreement made under section 92.1,

(k) necessary for the administration of this Act.

Section 79.1 was enacted by 2021-27-29, effective October 28, 2021 (Royal Assent).

Section 79.1 BEFORE repealed by 2022-40-44, effective November 25, 2022 (BC Reg 245/2022).

Disclosure in relation to Indigenous child and family services

79.1 (1) In this section:

"child and family services" has the same meaning as in the federal Act;

"federal Act" means An Act respecting First Nations, Inuit and Métis children, youth and families (Canada);

"Indigenous governing body" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act.

(2) A director may disclose information obtained under this Act if the disclosure is necessary for the administration of

(a) the federal Act, or

(b) an Indigenous law respecting child and family services that is

(i) given the force of federal law by section 21 (1) of the federal Act, or

(ii) provided to the director by an Indigenous governing body.

(3) A director must disclose information obtained under this Act if an agreement under section 90.1 provides for the disclosure of the information by a director.

(4) For certainty, a disclosure under subsection (2) or (3) may be made without the consent of any person.

(5) Section 75 does not apply to any of the following entities in relation to information that is disclosed under this section to the entity:

(a) an Indigenous governing body;

(b) a person acting under an Indigenous law referred to in subsection (2) (b) of this section.

Section 79.2 was enacted by 2022-40-45(part), effective November 25, 2022 (BC Reg 245/2022).

Section 79.2 (2.1) was added by 2024-5-3, effective March 14, 2024 (Royal Assent).

Section 80 BEFORE re-enacted by 2004-64-15, effective October 21, 2004 (Royal Assent).

80 Sections 28, 30 and 31 of the Freedom of Information and Protection of Privacy Act apply to a director.

Section 80 BEFORE repealed by 2004-60-86, effective January 16, 2006 (BC Reg 350/2005).

Accuracy, protection and retention of information

80 (1) The following provisions of the Freedom of Information and Protection of Privacy Act apply to a director:

(a) section 28 [accuracy of personal information];

(b) section 30 [protection of personal information];

(d) section 30.2 [obligation to report to foreign demand for disclosure];

(e) section 30.3 [whistle-blower protection];

(f) section 30.4 [unauthorized disclosure prohibited];

(g) section 31 [retention of personal information];

(h) section 74.1 [privacy protection offences].

(2) For the purposes of this section,

(a) a reference in the Freedom of Information and Protection of Privacy Act to that Act is deemed to include a reference to this Act,

(b) a reference in that Act to "head" includes, with respect to a record, the director who has custody or control of the record, and

(c) a reference in that Act to "public body", where a power, function or duty is not conferred on the head of the same public body, includes, with respect to a record, the director who has custody or control of the record.

(3) In addition, the requirements and restrictions established by this section and sections 78 and 79 apply to

(b) service providers, within the meaning of the Freedom of Information and Protection of Privacy Act, to a director, and

(c) the employees, officers, directors and associates, within the meaning of the Freedom of Information and Protection of Privacy Act, of a service provider referred to in paragraph (b).

Section 81 (4) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(4) The Rules of Court apply to an appeal under subsection (1) to the extent that they are consistent with this section.

Section 81 (3) (b) (ii) BEFORE amended by 2011-25-301, effective March 18, 2013 (BC Reg 131/2012).

(ii) the Public Guardian and Trustee, if guardian of the child's estate.

Section 89 BEFORE repealed by 2004-60-86, effective January 16, 2006 (BC Reg 350/2005).

Review by Information and Privacy Commissioner

89 (1) A person who requests access to a record or correction of a record may ask the Information and Privacy Commissioner to review any decision, act or omission of a director that relates to the request.

(2) A person may ask the Information and Privacy Commissioner to review a complaint that information relating to the person has been disclosed in contravention of section 75.

(3) To ask for a review, a written request must be delivered to the Information and Privacy Commissioner.

(4) If the request is for review of a director's decision, the request must be delivered within 30 days after the person asking for the review is notified of the decision.

(5) Sections 44 to 49, 54 to 57, 58 (1), (2), (3) (d), (4) and (5) and 59 of the Freedom of Information and Protection of Privacy Act apply in respect of a review requested under this section, except that a reference to a public body or to the head of a public body is to be read as a reference to a director.

(6) If a complaint that a director has disclosed information in contravention of section 75 is reviewed, the Information and Privacy Commissioner may order the director to stop disclosing that information.

Part 7, Division 1, sections 89.1 to 89.4, was enacted by 2022-40-46, effective November 25, 2022 (BC Reg 245/2022).

Section 89.1 definitions of "director's duty", "director's power" and "power or duty agreement" were added by 2024-15-5(a), effective April 25, 2024 (Royal Assent).

Section 89.1 definitions of "statutory power" and "statutory power agreement" BEFORE repealed by 2024-15-5(b), effective April 25, 2024 (Royal Assent).

"statutory power" has the same meaning as in section 1 of the Judicial Review Procedure Act, but does not include a power or right conferred by this Act to exercise a statutory power of decision;

"statutory power agreement" means an agreement entered into under section 6 of the Declaration on the Rights of Indigenous Peoples Act relating to one or both of the following:

(a) the exercise of a statutory power under this Act jointly by

(i) the Indigenous governing body, and

(ii) a director or another decision-maker;

(b) the consent of an Indigenous governing body before the exercise of a statutory power under this Act;

Section 89.2 BEFORE re-enacted by 2024-15-6, effective April 25, 2024 (Royal Assent).

Agreements in relation to the Declaration on the Rights of Indigenous Peoples Act

89.2 (1) For the purposes of this Act, a statutory power agreement may only be entered into in accordance with subsections (2) and (3).

(2) For the purposes of this Act, the Lieutenant Governor in Council may authorize the minister, on behalf of the government, to negotiate and enter into a statutory power agreement with an Indigenous governing body.

(3) Section 7 (2) to (5) of the Declaration on the Rights of Indigenous Peoples Act applies to a statutory power agreement.

(4) A single agreement may contain both a decision-making agreement and a statutory power agreement.

Section 89.3 BEFORE amended by 2024-15-7, effective April 25, 2024 (Royal Assent).

Required conditions in agreements

89.3 A decision-making agreement or a statutory power agreement must include conditions on the use, disclosure and security of information that is provided under the agreement to an Indigenous governing body.

Section 89.4 BEFORE re-enacted by 2024-15-8, effective April 25, 2024 (Royal Assent).

Effect of agreements

89.4 If a decision-making agreement or a statutory power agreement has been entered into,

(a) the statutory power of decision or the statutory power, as applicable, must be exercised in accordance with the agreement,

(b) a reference under this Act to that statutory power of decision or that statutory power is to be read as a reference to the statutory power of decision or the statutory power as made in accordance with the agreement, and

(i) terms identifying the person who is exercising, or providing consent in relation to, a statutory power of decision or a statutory power in accordance with an agreement;

(ii) terms relating to the criteria or procedures for the exercise of, or consent in relation to, a statutory power of decision or a statutory power in accordance with an agreement.

Part 7, Division 2 heading was enacted by 2022-40-47, effective November 25, 2022 (BC Reg 245/2022).

Section 90 (b.1) was added by 2004-60-87, effective July 1, 2005 (BC Reg 231/2005).

Section 90 (a.2) was added by 2007-36-44, effective April 3, 2009 (BC Reg 55/2009).

Section 90 (a) BEFORE amended by 2018-27-44(a), effective April 1, 2019 (BC Reg 17/2019).

(a) an Indian band or a legal entity representing an aboriginal community;

Section 90 (a.2) BEFORE amended by 2018-27-44(b), effective April 1, 2019 (BC Reg 17/2019).

(a.2) a treaty first nation;

Section 90 BEFORE re-enacted by 2022-40-48, effective November 25, 2022 (BC Reg 245/2022).

Minister's authority to make agreements

90 For the purposes of this Act, the minister may make an agreement with any of the following:

(a) a First Nation or a legal entity representing another Indigenous community;

(a.1) the Nisg̱a'a Nation or a Nisg̱a'a Village;

(a.2) a Treaty First Nation;

(b) the government of Canada, the government of a province of Canada or the government of a jurisdiction outside Canada, or an official or agency of any of those governments;

(b.1) Community Living British Columbia established under the Community Living Authority Act;

Section 90.1 was enacted by 2021-27-30, effective October 28, 2021 (Royal Assent).

Section 90.1 BEFORE renumbered and amended by 2022-40-49, effective November 25, 2022 (BC Reg 245/2022).

Agreements in relation to An Act respecting First Nations, Inuit and Métis children, youth and families (Canada)

90.1 The minister may, on behalf of the government, enter into an agreement contemplated by any of the following provisions of An Act respecting First Nations, Inuit and Métis children, youth and families (Canada):

(a) section 20 (2) [coordination agreement];

(b) section 28 [agreements — information].

Part 7, Division 3, sections 90.2 to 90.8, was enacted by 2022-40-50, effective November 25, 2022 (BC Reg 245/2022).

Part 7, Division 4 heading was enacted by 2022-40-51, effective November 25, 2022 (BC Reg 245/2022).

Section 91 BEFORE re-enacted by 2004-60-88, effective January 16, 2006 (BC Reg 350/2005).

Designation of directors

91 (1) Subject to the regulations, the minister may designate one or more persons as directors for the purposes of Parts 1 to 8.

(2) A designation under subsection (1) must be in writing and may include any terms or conditions the minister considers advisable.

(3) A person who has been designated under subsection (1) may be designated by the minister for the purposes of Part 9 or for the purposes of a provision of another Act that contains a reference to a director under this Act.

(4) Despite section 15 of the Constitution Act, the minister may not delegate the power to designate a director.

Section 91 (1) (a) BEFORE amended by 2007-5-2, effective March 29, 2007 (Royal Assent).

(a) one or more of Parts 1 to 9 of this Act, or

Section 91 (4) BEFORE amended by 2011-25-303, effective March 18, 2013 (BC Reg 131/2012).

(4) A reference to "a director" or "the director" in an order made under this Act or under the Family Relations Act authorizes any director to fulfill the powers, duties and functions referred to in the order as the circumstances require, but does not result in a transfer under section 95.1 of this Act.

Section 91.1 was enacted by 2022-40-52, effective March 7, 2024 (BC Reg 56/2024).

Section 91.2 was enacted by 2022-40-52, effective March 7, 2024 (BC Reg 56/2024).

Section 92.1 was enacted by 2018-27-45, effective April 1, 2019 (BC Reg 17/2019).

Section 92.1 (2) (a) (v) BEFORE amended by 2019-36-21(a), effective October 31, 2019 (Royal Assent).

(v) planning for the needs of the Indigenous children of the First Nation, Nisg̱a'a Nation, Treaty First Nation or Indigenous community who are in the continuing custody of the director;

Section 92.1 (2) (b) BEFORE amended by 2019-36-21(b), effective October 31, 2019 (Royal Assent).

(b) for the First Nation, Nisg̱a'a Nation, Treaty First Nation or Indigenous community to provide preventive or support services to their children and families;

Section 92.1 (1) BEFORE repealed by 2022-40-53(a), effective November 25, 2022 (BC Reg 245/2022).

(1) If a First Nation, the Nisg̱a'a Nation or a Treaty First Nation is prescribed by regulation under section 103 (2) (d.1), a director may make an agreement with the First Nation, Nisg̱a'a Nation or Treaty First Nation respecting the referral of child protection reports under section 16 (1) (b) or (2) (d) in respect of the Indigenous children of the First Nation, Nisg̱a'a Nation or Treaty First Nation.

Section 92.1 (2) (a) (part) BEFORE amended by 2022-40-53(b), effective November 25, 2022 (BC Reg 245/2022).

(a) to involve the First Nation, Nisg̱a'a Nation, Treaty First Nation or Indigenous community in one or more of the following:

Section 93 (1) (g) (ii) BEFORE amended by 2002-21-25, effective June 27, 2002 (BC Reg 159/2002).

(ii) with a person who by an order under Part 3 has temporary custody of a child, for contributions to the child's support,

Section 93 (3) (a) BEFORE amended by 2004-60-71, effective January 16, 2006 (BC Reg 350/2005).

(a) establish a procedure for reviewing the exercise of the director's powers, duties and functions under this Act, and

Section 93 (1) (g) (vi) was added by 2004-60-89, effective January 16, 2006 (BC Reg 350/2005).

Section 93 (4) was added by 2006-29-32, effective November 21, 2006 (BC Reg 303/2006).

Section 93 (3) and (4) BEFORE repealed by 2007-5-3, effective March 29, 2007 (Royal Assent).

(3) A director must, in accordance with the regulations,

(a) establish a procedure for reviewing the exercise of a director's powers, duties and functions under this Act, and

(b) ensure that information about the review procedure is available to any person on request.

(4) Subject to the regulations, a director may review any matter relating to the provision of services under this Act for any of the following purposes:

(a) to monitor the director's performance in the provision of the service;

(b) to monitor the performance of any person or agency in the provision of the service;

(d) for public accountability.

Section 93 (1) (g) (iii) BEFORE amended by 2007-36-45, effective April 3, 2009 (BC Reg 55/2009).

(iii) with the Nis g̱ a'a Nation, a Nis g̱ a'a Village, an Indian band or a legal entity representing an aboriginal community for the provision of services,

Section 93 (1) (g) (ii) BEFORE amended by 2011-13-27, effective February 1, 2013 (BC Reg 274/2012).

(ii) with a person who has custody by an interim order or a temporary custody order under Part 3 or by an order made under section 54.1, for contributions to the child's support,

Section 93 (1) (g) (iii) BEFORE repealed by 2018-27-46(a), effective April 1, 2019 (BC Reg 17/2019).

(iii) with the Nisg̱a'a Nation, a Nisg̱a'a Village, a treaty first nation, an Indian band or a legal entity representing an aboriginal community for the provision of services,

Section 93 (1) (g) (vii) was added by 2018-27-46(b), effective April 1, 2019 (BC Reg 17/2019).

Section 93.1 was added by 2007-5-4, effective March 29, 2007 (Royal Assent).

Section 93.2 was added by 2007-5-4, effective March 29, 2007 (Royal Assent).

Section 94 BEFORE amended by 2014-14-24, effective May 29, 2014 (Royal Assent).

Agreements with caregivers

94 A director may, by agreement, authorize a caregiver to carry out any of the director's rights and responsibilities with respect to the care, custody or guardianship of a child.

Section 94.1 was enacted by 2014-14-25, effective May 29, 2014 (Royal Assent).

Section 95 BEFORE repealed by 2002-21-26, effective May 30, 2002 (BC Reg 116/2002).

Transfer of guardianship or supervision between directors

95 (1) A director who has supervision of a child or custody of a child under a temporary custody order or continuing custody order may transfer supervision or custody to another director with the written consent of

(a) the other director, and

(b) the child's parent, unless the child is in the continuing custody of the director.

(2) If a consent is withheld, the director may apply to the court, and it may, in the child's best interests, order that the supervision or custody of the child be transferred to the other director.

(3) If the continuing custody of a child is transferred by one director to another,

(a) the other director becomes the guardian of the child's person with the same rights and responsibilities as the director who transferred custody, and

(b) the director who transferred custody ceases to be the guardian of the child's person.

(4) A director who transfers supervision or custody of a child by consent under this section must file a copy of the consent with the court.

(5) When a copy of the consent is filed, the court may change the supervision order, temporary custody order or continuing custody order to make it accord with the transfer of supervision or custody.

Section 95.1 was enacted by 2004-60-90, effective January 16, 2006 (BC Reg 350/2005).

Section 95.1 (3) BEFORE amended by 2011-25-303, effective March 18, 2013 (BC Reg 131/2012).

(3) If a transfer occurs under subsection (1), a reference to "the director" in any provision of this Act or in any subsisting order made under this Act or under the Family Relations Act is deemed to be a reference to the director who receives the transfer.

Section 96 (1) (b) BEFORE amended by 2004-60-91(a), effective January 16, 2006 (BC Reg 350/2005).

(b) is necessary to enable the director to exercise his or her powers or perform the duties or functions under this Act.

Section 96 (2.1) was added by 2004-60-91(b), effective January 16, 2006 (BC Reg 350/2005).

Section 96 (3) BEFORE amended by 2004-60-91(c), effective January 16, 2006 (BC Reg 350/2005).

(3) This section applies despite any other enactment but is subject to a claim of privilege based on a solicitor-client relationship.

Section 96 (3) BEFORE amended by 2022-40-54, effective November 25, 2022 (BC Reg 245/2022).

(3) This section applies despite the Freedom of Information and Protection of Privacy Act or any other enactment but is subject to a claim of privilege based on a solicitor-client relationship.

Section 96 (1) and (2.1) BEFORE amended by 2023-10-55, effective March 30, 2023 (Royal Assent).

(1) A director has the right to any information that

(a) is in the custody or control of a public body as defined in the Freedom of Information and Protection of Privacy Act, and

(b) is necessary to enable the director to exercise his or her powers or perform his or her duties or functions under this Act.

(2.1) A director may collect from a person any information that is necessary to enable the director to exercise his or her powers or perform his or her duties or functions under this Act.

Section 96 (2.2) to (2.6) were added by 2024-5-4, effective March 14, 2024 (Royal Assent).

Section 96 (2.7) was added by 2024-5-5, effective May 16, 2024 (BC Reg 102/2024).

Section 96.1 was enacted by 2004-60-92, effective January 16, 2006 (BC Reg 350/2005).

Section 96.1 (1) BEFORE amended by 2015-27-28, effective May 10, 2016 (BC Reg 109/2016).

(1) Despite the Document Disposal Act and subject to the regulations, a director, in writing, may transfer records to another director.

Section 97 (8) (a) BEFORE amended by 2002-21-27, effective June 27, 2002 (BC Reg 159/2002).

(a) include one or more of the terms mentioned in section 93 (3) of the Family Relations Act, and

Section 97 (1) (b) BEFORE amended by 2004-60-77 and 93, effective January 16, 2006 (BC Reg 350/2005).

(b) a child in the custody of a person other than the parent under a temporary custody order, and

Section 97 (1) and (2) BEFORE amended by 2010-3-10, effective March 31, 2010 (Royal Assent).

(1) A parent remains responsible to contribute to the maintenance of

(a) a child in care unless the child is in care under a continuing custody order,

(b) a child in the custody of a person other than a parent under an interim order or a temporary custody order, and

(2) A director may make a written agreement with a parent for contributions by the parent to the maintenance of a child in care or a youth referred to in subsection (1) (c).

Section 97 (4), (6), (7) and (8) BEFORE amended and (9) was added by 2011-25-304, effective March 18, 2013 (BC Reg 131/2012).

(4) The agreement, if filed, has the same effect and may be enforced, changed or cancelled in the same manner and on the same basis as a maintenance order made under the Family Relations Act.

(6) At least 10 days before the date set for hearing an application for a maintenance order, notice of the time, date and place of the hearing must be served on the parent against whom the order is sought.

(7) In making a maintenance order, the court must take the following into account:

(a) the needs, means, capacity and economic circumstances of the parent;

(b) the needs, means and circumstances of the child or youth;

(d) any other circumstance the court considers relevant.

(8) A maintenance order made under this section may

(a) include one or more of the terms mentioned in section 93 (5) of the Family Relations Act, and

(b) be enforced, changed or cancelled in the same manner and on the same basis as an order made under that Act.

Section 97.1 was enacted by 2013-12-8, effective March 18, 2013 [coming into force of 2011-25-204 (Family Law Act)].

Section 98 (1) (b) and (c) BEFORE amended by 2002-21-28, effective June 27, 2002 (BC Reg 159/2002).

(b) has inveigled or coerced, or is likely to inveigle or coerce, a child or youth mentioned in paragraph (a) into engaging in prostitution, or

(c) has otherwise exploited, abused or intimidated, or is likely to otherwise exploit, abuse or intimidate, a child or youth mentioned in paragraph (a).

Section 98 (6) BEFORE amended by 2002-21-28, effective June 27, 2002 (BC Reg 159/2002).

(6) At least 2 days before the date set for hearing an application for a restraining order, notice of the time, date and place of the hearing must be served on the person against whom the order is sought.

Section 98 (7.1) was added by 2002-21-28, effective June 27, 2002 (BC Reg 159/2002).

Section 98 (1) (a) (iii) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(iii) a youth who has made an agreement with the director under section 12.2,

Section 98 (6) (c) and (6.1) (part) BEFORE amended by 2004-60-69, effective January 16, 2006 (BC Reg 350/2005).

(6.1) Before a restraining order expires, the person who applied for the order, the person against whom the order was made or a director may apply to the court and the court may do one or more of the following:

Section 98 (4.1) to (4.6) and (6.1) (b) BEFORE repealed by 2011-25-290, effective March 18, 2013 (BC Reg 131/2012).

(4.1) In a restraining order, the court may include an order authorizing a police officer to arrest, without a warrant, the person against whom the restraining order is made if the police officer has reasonable grounds to believe that the person has contravened or is contravening the restraining order.

(4.2) An order under subsection (4.1) does not authorize entry into a dwelling for the purpose of arresting a person.

(4.3) On application by a director, the court may issue a warrant authorizing a police officer, subject to subsection (4.4) and by force if necessary, to enter any dwelling specified in the warrant, for the purpose of arresting a person against whom a restraining order has been made if there are reasonable grounds to believe that that person

(a) has contravened or is contravening the order, and

(b) is or will be present in the dwelling.

(4.4) A police officer may not enter a dwelling specified in a warrant under subsection (4.3) unless, immediately before the entry, the police officer has reasonable grounds to believe that the person to be arrested is present in the dwelling.

(4.5) The court must include in a warrant issued under subsection (4.3) any terms the court considers advisable to ensure that entry into the dwelling is reasonable in the circumstances.

(4.6) A person arrested under an order made under subsection (4.1) or a warrant issued under subsection (4.3) must

(a) be taken, as soon as possible and if practicable within 24 hours after the arrest, before a justice to be dealt with according to law, or

(6.1) Before a restraining order expires, the person who applied for the order, the person against whom the order was made or the director may apply to the court and the court may do one or more of the following:

(a) change the order;

(b) include an order under subsection (4.1);

Section 98 (3) (a.1) was added by 2014-14-26, effective May 29, 2014 (Royal Assent).

Section 98 (6.01) was added by 2018-27-47, effective April 1, 2019 (BC Reg 17/2019).

Section 99.1 was enacted by 2022-40-55, effective March 7, 2024 (BC Reg 56/2024).

Section 99.2 was enacted by 2024-15-9, effective April 25, 2024 (Royal Assent).

Section 101 (a) and (b) BEFORE amended by 2004-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) a power, duty or function conferred by or under this Act, or

(b) a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred by or under this Act.

Section 101 BEFORE re-enacted by 2022-40-56, effective November 25, 2022 (BC Reg 245/2022).

Protection from liability

101 No person is personally liable for anything done or omitted in good faith in the exercise or performance or intended exercise or performance of

(a) a power, duty or function conferred under this Act, or

(b) a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred under this Act.

Section 101.1 (1) (b) BEFORE amended by 2006-29-33, effective November 21, 2006 (BC Reg 303/2006).

(b) is the subject of, or has given information or otherwise assisted in, such a review.

Section 101.1 (2) (b) BEFORE amended by 2006-29-33, effective November 21, 2006 (BC Reg 303/2006).

(b) has given information or otherwise assisted in such a review.

Section 101.1 (1) (a) and (b) BEFORE amended by 2007-5-5, effective March 29, 2007 (Royal Assent).

(a) has requested a review under the procedure established under section 93 (3), or

(b) is the subject of, or has given information or otherwise assisted in, a review under section 93 (3) or (4).

Section 101.1 (2) (a) and (b) BEFORE amended by 2007-5-5, effective March 29, 2007 (Royal Assent).

(a) has requested a review under the procedure established under section 93 (3), or

(b) has given information or otherwise assisted in a review under section 93 (3) or (4).

Section 102 (1) (d.1) was added by 2002-21-29, effective June 27, 2002 (BC Reg 159/2002).

Section 102 (2.1) BEFORE amended by 2002-21-29, effective June 27, 2002 (BC Reg 159/2002).

(2.1) A person who commits an offence under subsection (1) (b), (c), (d), or (f) or (1.1) is liable to a fine of not more than $10 000 or to imprisonment for not more than 6 months or to both.

Section 102 (1) (a) and (e), (1.1) and (2) BEFORE repealed by 2011-25-290, effective March 18, 2013 (BC Reg 131/2012).

(a) a protective intervention order;

(e) a restraining order;

(1.1) A person who fails to comply with the conditions set out in a promise to appear given by the person on their release under section 28 (3.6) (b) or 98 (4.6) (b) commits an offence.

(2) A person who commits an offence under subsection (1) (a) or (e) is liable to a fine of not more than $25 000 or to imprisonment for not more than 24 months or to both.

Section 103 (2) (f) BEFORE amended by 2002-21-30, effective June 27, 2002 (BC Reg 159/2002).

(f) prescribing aboriginal organizations for the purposes of sections 33.1 and 34;

Section 103 (2) (m), (n) and (o) BEFORE repealed by 2004-60-94(a), effective January 16, 2006 (BC Reg 350/2005).

(m) specifying for the purposes of section 76 (1) or (2) how and by whom rights relating to access to records may be exercised on behalf of persons who are incapable of exercising those rights for themselves;

(n) respecting the procedure for notifying third parties before access is given to records containing information about them;

(o) specifying for the purposes of section 76 (5) the duties of a director with respect to correction of information;

Section 103 (2) (v) and (w) are added by 2004-60-94(b), effective January 16, 2006 (BC Reg 350/2005).

Section 103 (2) (r.1) was added by 2006-29-34, effective November 21, 2006 (BC Reg 303/2006).

Section 103 (2) (r) BEFORE amended by 2007-5-6(a), effective March 29, 2007 (Royal Assent).

(r) governing reviews under section 93 (3);

Section 103 (2) (r.1) BEFORE re-enacted by 2007-5-6(b), effective March 29, 2007 (Royal Assent).

(r.1) specifying for the purposes of section 93 (4)

Section 103 (2) (g) BEFORE amended by 2007-36-46, effective April 3, 2009 (BC Reg 55/2009).

(g) designating, by name or position, those representatives of the Nis g̱ a'a Lisims Government, Indian bands and aboriginal communities who are entitled to notice under Part 3;

Section 103 (2) (c.1) was added by 2015-42-16, effective October 17, 2016 (BC Reg 240/2016).

Section 103 (2) (d) BEFORE amended by 2015-42-16, effective October 17, 2016 (BC Reg 240/2016).

(d) prescribing terms and conditions to be included in agreements made under this Act;

Section 103 (2) (a) BEFORE amended by 2018-27-48(a), effective April 1, 2019 (BC Reg 17/2019).

(a) prescribing the functions of family conference coordinators;

Section 103 (2) (a.1), (d.1), (q.1) and (q.2) were added by 2018-27-48(a), effective April 1, 2019 (BC Reg 17/2019).

Section 103 (2) (f) BEFORE amended by 2018-27-48(b), effective April 1, 2019 (BC Reg 17/2019).

(f) prescribing aboriginal organizations for the purposes of presentation hearings;

Section 103 (2) (g) BEFORE amended by 2018-27-48(c), effective April 1, 2019 (BC Reg 17/2019).

(g) designating, by name or position, those representatives of the Nisg̱a'a Lisims Government, the government of a treaty first nation, Indian bands and aboriginal communities who are entitled to notice under Part 3;

Section 103 (2) (r.1) (i) BEFORE amended by 2023-10-56, effective March 30, 2023 (Royal Assent).

(i) specifying the criteria a director must apply in exercising his or her discretion to conduct a review, and

Section 103 (2) (h.1) and (x) were added by 2022-40-57(b)(part), effective January 15, 2024 (BC Reg 275/2023).

Section 103 (2) (y) was added by 2024-5-6, effective March 14, 2024 (Royal Assent).

Section 103 (2) (c) and (c.1) BEFORE amended by 2023-16-6(a) and (b), effective April 4, 2024 (BC Reg 76/2024).

(c.1) respecting the renewal and maximum duration of agreements under section 12.3;

Section 103 (2) (c.2) was added by 2023-16-6(c), effective April 4, 2024 (BC Reg 76/2024).

Section 106 (6) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(6) Any proceeding begun under the former Act by the Superintendent of Family and Child Service may be continued under this Act in the name of the director designated by the minister for the purpose of this section.

Section 107 (4) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(4) A reference in an order made under the former Act to the Superintendent of Family and Child Service is deemed to be a reference to the director designated by the minister for the purposes of this section.

Section 107 (6) BEFORE amended by 2007-36-47, effective April 3, 2009 (BC Reg 55/2009).

(6) If an application is made under section 54 of this Act for permission to apply for cancellation of an order that relates to an aboriginal child and that is deemed under this section to be a continuing custody order, notice of the application must be served on the persons who would have been entitled to notice under section 49 (2) (c), (c.1) or (d) if the child had been removed under this Act.

Section 107 (6) BEFORE amended by 2018-27-49, effective April 1, 2019 (BC Reg 17/2019).

(6) If an application is made under section 54 of this Act for permission to apply for cancellation of an order that relates to an aboriginal child and that is deemed under this section to be a continuing custody order, notice of the application must be served on the persons who would have been entitled to notice under section 49 (2) (c), (c.1), (c.2) or (d) if the child had been removed under this Act.

Section 108 (3) BEFORE amended by 2004-60-64, effective January 16, 2006 (BC Reg 350/2005).

(3) A reference in an agreement made under the former Act or under section 20 of the Child, Paternity and Support Act, R.S.B.C. 1979, c. 49, to the Superintendent of Family and Child Service is deemed to be a reference to the director designated by the minister for the purposes of this section.