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  • Tricky Legislation: The Adult Guardianship Act (updated Nov. 26, 2014)

    by CLBC Administrator | Nov 26, 2014

    In theory, it should not be a momentous task to find out if an Act is in force, but sometimes it really is.  

    If we resolve a particularly complicated piece of legislation, we know that there are others out there who may have similar questions.  So we like to write a blog post about it so that someone else, faced with the same research, doesn't have to start from scratch.

    The latest post in our "Tricky Legislation" series is a particularly confusing one and concerns the Adult Guardianship Act. Sections were brought in to force by various proclamations, but some of those proclamations were then repealed. It's quite the nightmare. So below you will find a detailed account of the in force information. It's not pretty, but it's here if you need it.

    Bottom line: Is the Adult Guardianship Act, RSBC 1996, c. 6, in force?

    Yes, parts of it are in force. 

    Sections 1-3 and 44-53, 54(1), (2)(a)-(d) and (f)-(i) and (3), 55-64 are in force as of February 28, 2000.  

    Sections 60.2, 62.2(1), 63(1) and (2)(t) came into force, and sections 40-43 were repealed, effective September 1, 2011. 

    Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34(b) to (d), 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a)-(f), (o)-(p) and (s) of the Act will come into force on December 1, 2014. 

    If you'd like to see what a consolidated version of the statute will look like on December 1, 2014, Quickscribe has provided us with an advance copy of the Adult Guardianship Act.

    Why do the Regulations that bring sections into force refer to the Act as the Supplement to the Adult Guardianship Act?

    The Adult Guardianship Act, RSBC 1996, c. 6, was not actually included in the print version of the Revised Statutes of BC, 1996.  The note in the RSBC 1996 says "This Act comes into force by regulation of the Lieutenant Governor in Council but is not now in force.  See Supplement for full text."

    Acts and amendments that were enacted but not in force on December 31, 1996 (the cut-off date for the 1996 Revision), were consolidated as Supplements to the Revised Statutes of British Columbia, 1996.

    Supplements have the same chapter numbers as the statutes to which they relate. 

    So the Adult Guardianship Act was printed in the Supplement to the RSBC 1996, and has the citation RSBC 1996, c. 6.

    Have there been any amendments to the Act?

    Yes.  There have been four amending acts:

    1. Adult Guardianship Statutes Amendment Act, 1999, SBC 1999, c. 25
    2. Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34
    3. Miscellaneous Statutes Amendment Act, 2011, SBC 2011, c. 5, sections 1 and 2 amend sections 1 and 17 of the Adult Guardianship Act as enacted by the Adult Guardianship and Planning Statutes Amendment Act, 2007.
    4. Justice Statutes Amendment Act, 2014, SBC 2014, c. 9, sections 1-9 amend sections 32-35, 37 and 63 of the Adult Guardianship Act as enacted by the Adult Guardianship and Planning Statutes Amendment Act, 2007.

    So what brought the Adult Guardianship Act into force?

    BC Reg #12/2000 (as amended by the errata in No. 2, Volume 43, p.247 of the BC Gazette Part II), brought the Adult Guardianship Act, RSBC 1996, c.6, sections 1-3 and 44-53, 54(1), (2) (a)-(d) and (f)-(i) and (3), 55-64 into force as of February 28, 2000.

    BC Reg #14/2011 (as amended by BC Regs #111/2011 and 141/2011) brought amendments to part of section 1, sections 2-3, 45-48, 51, 54, 56-57, 59, 60.2, 62.2(1), 63(1) and (2)(t) into force, and repealed sections 40-43 effective September 1, 2011. 

    BC Reg #25/2014 (as amended by BC Reg #203/2014) brings Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34 (b) to (d), 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a) to (f), (o) to (p) and (s) of the Adult Guardianship Act into force effective December 1, 2014.

    ...but it's far more complicated than that...

    • BC Reg #199/99 - brought sections 1-3, 44-53, 54(1), (2)(a)-(d), (f)-(i) and (3), 55-64 of the Adult Guardianship Act into force on February 28, 2000. But it was repealed by BC Reg #12/2000 on January 28, 2000, before it came into force.  

       

    • BC Reg #12/2000 (as amended by the errata in No. 2, Volume 43, p.247 of the BC Gazette Part II) - repealed BC Reg #199/1999 on January 28, 2000 (the date of deposit).  

      It brought sections 1-24 and 26-38 of the Adult Guardianship Statutes Amendment Act, 1999, SBC 1999, c. 25 into force as of February 27, 2000 (thus amending sections 1, Part 2 (heading), 3, 44.1 and 61 of the Adult Guardianship Act).

      It also brought sections 1-3 and 44-53, 54(1), (2) (a)-(d) and (f)-(i) and (3), 55-64 of the Adult Guardianship Act into force as of February 28, 2000. 

       

    • BC Reg #14/2011 - brought section 2 of the Supplements Repeal Act, SBC 2006, c. 33, into force on September 1, 2011.  Section 2(a) of that Act repeals the Adult Guardianship Act.  

      The regulation also brought sections 1 (a), (d)-(j), 2-3, 6-14, 16, 17 (partially), 19-28, 30, 32, 34-66, 68-72, 74-81, 83-90, 92-93, 98, 104, 105(b), 106-110(a), 111 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34, into force on September 1, 2011.  Portions of sections 1(k), 17, 29, 31, 91, 99, 105 and 110 were also brought into force.  These sections of the Amendment Act amend sections 1-3, 44.1, 45-48, 51, 54, 56-57, 59, 61, 62.2(1), 63(1) and (2)(s-t)of the Adult Guardianship Act

       

    • BC Reg #111/2011 - amended BC Reg #14/2011, bringing sections 1 (a), (d)-(j), 2-3, 6-16, 19-28, 30, 32, 34-59, 60(a), 61(b), 62 to 66, 68-72, 74-81, 83-90, 92-93, 98, 104-109, and 111 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34, into force on September 1, 2011.  Portions of sections 1(k), 17, 29, 31, 91, 99 and 110 were also brought into force.  These sections of the Amendment Act amend sections 1-3, 45-48, 51, 54, 56-57, 59, 60.2, 62.2(1), 63(1) and (2)(t) of the Adult Guardianship Act

       

    • BC Reg #141/2011 - amended BC Reg #14/2011 by bringing section 2(a) of the Supplements Repeal Act into force, except sections 4-39 and 65 of the Adult Guardianship Act, effective September 1, 2011.  Essentially, it repealed sections 40-43 of the Adult Guardianship Act

       

    • BC Reg #131/2013 - brought sections of the Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34 into force as of June 30, 2014.  It was repealed by BC Reg #25/2014 on March 3, 2014, before it came into force.

       

    • BC Reg #25/2014 - repealed BC Reg #131/2013 on March 3, 2014 (the date of deposit). 

      The first part of the schedule brings sections 1(c) and (k), 4 and 17 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 into force on December 1, 2014 (thus amending sections 4-39, 62, 62.1, 62.3, and 63 (a)-(f), (o)-(p) and (s) of the Adult Guardianship Act).

      The second part of the schedule brings Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34, 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a) to (f), (o) to (p) and (s) of the Adult Guardianship Act into force effective December 1, 2014.

    • BC Reg #115/2014 - brought sections 1, 3 to 5, 7, 9, 29 and 49 of the Justice Statutes Amendment Act, 2014 into force as of June 23, 2014.  These sections amend sections 32, 33(2)(b)(i), 34(b), 35, 37, and 63 of the Adult Guardianship Act.  It does not bring Part 2.1 into force, but rather, the amendments to the wording in those sections.

       

      The regulation also brought sections 30 to 36 and 43 of the Justice Statutes Amendment Act, 2014 into force on December 1, 2014 (thus amending the Patients Property Act and the Power of Attorney Act).

      The third part of the regulation brings the Statutory Property Guardianship Regulation into force on December 1, 2014.

    •  
    • BC Reg #203/2014 - amends BC Reg #25/2014 to bring section 34(b) to (d) of the Adult Guardianship Act into force effective December 1, 2014, but not 34(a). 
      The second part of the regulation amends BC Reg #115/2014 to bring sections 30, 31 (except as it enacts section 3.1(2)(a) of the Patients Property Act, R.S.B.C. 1996, c. 349), 32 to 36 of the into force on December 1, 2014.  It also amends the Statutory Property Guardianship Regulation.
  • BC Forms & Precedents and BC Practice by McLachlin & Taylor are now available on Quicklaw

    by CLBC Administrator | Jan 29, 2014

    One of the two most sought after resources at the Courthouse Library are the McLachlin & Taylor BC Forms & Precedents and the British Columbia Practice.  We are happy to announce that with our expanded Quicklaw suite both of those resources are now available in digital format and accessible on public terminals at any BC Courthouse Library location.

    Let’s explore a few typical questions that can be addressed using these two resources:

    Q: How do I find these two resources on Quicklaw?

    Step 1: Launch Quicklaw and from the top menu bar select Practice Areas and then LitigationPractice.


     

    Step 2: The equivalent of the 4 volume (red) set of BC Court Forms by McLachlin & Taylor select the product called British Columbia Court Forms.  To access the 3 volume (blue) set of BC Practice select the product called British Columbia Practice.


     

    Q: I am looking for a precedent on adding a party to an application / making a joinder application.

    A classic example of when we turn to this resource.  Follow the steps outlined above to select McLachlin & Taylor BC Forms & Precedents and select the search option.  In this case we suggest constructing the following terms and connectors search - adding /s party /s application – which yields the following results. 

    Alternately, if you already know which form or precedent you are looking for you may select the browse option and drill down to a specific document.

     



    Q: Can I search for commentary on Civil Rule 4-5, serving someone from outside of BC jurisdiction?

    Certainly!  In this case, you already know the specific Rule that applies so to begin let’s navigate over to the British Columbia Practice and select the browse option. Once you are here just drill down to the specific Rule by expanding the plus sign.

     




    And here we have a glimpse of commentary that came up in the search -

     



    Q: How can I download a form that I plan to fill out / edit later in my office?

    Let us demonstrate.  One of biggest advantages of having a digital version of these two powerful resources is the ability to download, save and edit required forms.  Let’s say you are looking for a Notice of Civil Claim for a Breach of Contract (Form 11F232). 

    Once you have located the correct form, you have two options.  (1a) You can place a checkmark next to the form in question and (1b) click on the diskette icon on the top right hand corner to download the material.  Alternately, you can click on a small Word Doc icon located on the grey bar (2).  This function will open a new Word document with a fillable version of the respective form.  At this point you can save the document to your computer or removable disc.   

     


    We are very excited about being able to offer these two stalwart litigation resources in their digital format and we encourage you to stay tuned as we introduce more digital options to resources formerly only available in print.   

     

     

  • Searching Federal Hansard

    by User Not Found | Nov 25, 2013

    Exciting news! The Library of Parliament, partnered with Canadiana.org, launched http://parl.canadiana.ca last Wednesday, November 20. The site provides access to scanned originals of the Federal Debates of Parliament from the 1st Parliament, 1st Session, 1867-1868, up to the 35th Parliament, 1st Session, 1994-1996, when coverage on the Parliament of Canada site begins. Between parl.canadiana.ca and parl.gc.ca, the Debates of the House of Commons and Senate are now fully available online.

    We are so pleased to have this resource available and want to outline how you can make the most of it, along with some tips on searching Hansard generally.

    Here at CLBC, we are often asked if we can help find where a particular section of an act is discussed in Hansard. Unfortunately, the index provides no indication of when specific sections may be discussed . While I admit I haven't read a great deal of Hansard, myself, it seems that speakers are generally not in the habit of naming section numbers.

    The alternative to finding Hansard by section number is to look by subject. However, if you're looking for a very specific topic, it may not appear in the index. At times, the closest we've been able to direct clients is to the 2nd Reading page range under a Bill heading, which can sometimes amount to hundreds of pages. Now that Hansard is fully available online, it should be easier and faster to narrow into those specific topics. 

    Let's say you want to find the legislative intent behind Canada's adoption of the Hague-Visby Rules. You're not sure which Parliament or Session this was in, but you know it was in 1993.

    Once on the site, enter in your keyword(s) in the first box under Search. In this instance, we just put in "Hague" since the Rules are sometimes punctuated two different ways ("Hague/Visby Rules" and "Hague-Visby Rules"). Then limit the date range to 1993 and we'll start off by searching for House of Commons.

    Four results come up.

    Looking at the first result, we can see right away that there is a discussion of the Hague rules under the Carriage of Goods by Water Act

    Some notes on searching Hansard through this site. The highlighted portion you see above was done by us, not parl.canadiana.ca. Whenever you view a matching text page, you'll have to scan through the page as it does not highlight your search terms. Additionally, the online page numbers do not correspond to the print page numbers. If there is a specific page you're looking for, it may take a few clicks to find it.

    All this you can do right from your office! Though, as always, we are happy to help with any of your questions about using this new resource.

     

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