Laws of British Columbia Containing an Authority to Create a Record

Background and Methodology:

· A review was undertaken of the Revised Statutes of British Columbia to identify any that contain at least one authority to create a record.

· Note:

o the definition of a “record” from the Interpretation Act is used;

o the authority may be either mandatory (i.e., “must” or “must not … unless”) or discretionary (i.e. “must…if” or “may”);

o regulations and other instruments are excluded.

· The examples included in the table below are not intended to be exhaustive. Several of the enactments listed here also contain other authorities to create a record.

· This search was undertaken in April 2015. The table below does not reflect new legislation passed or amendments made since that time.

Findings:

· Four hundred and nineteen (419) acts were identified, out of 500 acts in force in April 2015 (84%).

· See the table below for details and examples of authorities to create a record.

Laws of British Columbia Containing an Authority to Create a Record

/ Name of Act / Exemplar authorities to create a record (not intended to be exhaustive) /
1. / ACCESS TO ABORTION SERVICES ACT / Notice
8 A person may not be convicted of contravening section 2 (1) or 3 in an access zone established in section 6 or 7 unless the person knew or, at any time before the contravention, was given notice of, the location of the access zone.
Plan
13 1) A plan prepared by a British Columbia land surveyor showing the location of an access zone is, without proof of the signature or official character of the surveyor, evidence of the information set out in the plan, including, without limitation, information
(a) required by the regulations to be set out in the plan,
(b) referred to in the surveyor's certification under subsection (3),
(c) respecting a measurement, or
(d) respecting a boundary, survey marker, building, doorway, hallway, stairway, elevator, sidewalk, road, fence, utility pole, tree or any other human made or natural feature related to
(i) the access zone,
(ii) the parcel to which the access zone relates or an adjacent parcel, or
(iii) an area in or near the access zone that is not part of the access zone.
2. / ACCOUNTANTS (CERTIFIED GENERAL) ACT / Register
16(1) The secretary treasurer or secretary must keep a register in which must be entered in alphabetical order the names of all members in good standing.
3. / ACCOUNTANTS (CHARTERED) ACT / Bylaws
8 (6) The council must file a copy of a bylaw with the minister within 30 days after the bylaw is confirmed at the special general meeting or annual general meeting.
Register of members and licensed firms
19 (1) The council must keep a register which may be in electronic form and in which must be entered the names of all
(a) members by class of membership, and
(b) licensed firms by class of licence.
Extraordinary suspension
23 (1) If a panel consisting of any 3 members of the council considers that the length of time that would be required to hold an inquiry concerning a member or licensed firm would be prejudicial to the public interest, the panel, without giving the member or licensed firm an opportunity to be heard, may suspend the membership of the person or licence of the licensed firm until an inquiry and decision under section24.
(2) If the panel decides under subsection (1) to suspend a member or the licence of a licensed firm, it must give written notice to the member or licensed firm of its decision, the reasons for it and the right of the member or licensed firm to apply to the Supreme Court to have the suspension removed.
(3) The suspension under subsection (1) is not effective until the earlier of
(a) receipt by the member or licensed firm of the written notice, or
(b) 3 days after the day the institute mails the written notice to the member or licensed firm at their last address on file with the institute
4. / ACCOUNTANTS (MANAGEMENT) ACT / Bylaws
15 (4) The board must file with the minister a certified copy of any bylaw or bylaw amendment approved under this section.
(5) A bylaw or bylaw amendment filed with the minister under this section may be disallowed by the Lieutenant Governor in Council within 45 days of being filed.
Membership register
17(1) The board must require that a register be kept in which are entered the names of each member in good standing
5. / ADMINISTRATIVE TRIBUNALS ACT /

Practice directives tribunal must make

12 (1) The tribunal must issue practice directives respecting
[…]
Practice directives tribunal may make
13 (1) The tribunal may issue practice directives consistent with this Act and with the tribunal's enabling Act, the regulations made under those Acts and any rules of practice and procedure made by the tribunal.
Service of notice or documents
19 (1) If the tribunal is required to provide a notice or any document to a party or other person in an application, it may do so by personal service of a copy of the notice or document or by sending the copy to the person by any of the following means:
(a) ordinary mail;
(b) electronic transmission, including telephone transmission of a facsimile;
(c) if specified in the tribunal's rules, another method that allows proof of receipt.
Recording tribunal proceedings
35(1) The tribunal may transcribe or tape record its proceedings.
Final decision
51 The tribunal must make its final decision in writing and give reasons for the decision.
6. / ADOPTION ACT / A younger child's views
30 (1) Before applying to court for an adoption order relating to a child who is at least 7 years of age and less than 12, the applicant must arrange for a person authorized by the regulations to meet the child privately so the person can make a written report under subsection (2).
(2) The report must indicate whether the child
(a) understands what adoption means, and
(b) has any views on the proposed adoption and on any proposed change of the child's name.
Required documents
32 Before an adoption order is made, the following documents must be filed with the court:
(a) all the required consents to the adoption, or the orders dispensing with consent or an application to dispense with consent;
(b) the child's birth registration or, if it cannot be obtained, satisfactory evidence of the facts relating to the child's birth;
(c) if the child is at least 7 years of age and less than 12, a copy of the report of the child's views prepared in accordance with section 30 or a satisfactory explanation of why the report has not been prepared;
(d) the post-placement report, if required under section 33;
(e) any additional information required by the regulations.
Post-placement report
33 (1) If a director or an adoption agency is given notice under section 31 or has placed the child for adoption, a director or the agency must file with the court a post-placement report that contains
(a) either a recommendation that the adoption order should or should not be made or a statement that there is insufficient information to make the recommendation, and
(b) the information prescribed in the regulations.
(2) A director or the adoption agency may file with the court
(a) any other evidence or information the director or the agency considers necessary to enable the court to determine whether the proposed adoption is in the child's best interests, and
(b) a recommendation on any issue relating to the adoption, including whether the 6 month residency requirement in section 35 should be altered or dispensed with.
7. / ADULT GUARDIANSHIP ACT / Part 2.1 Statutory Property Guardians
Obtaining a statutory property guardian
32 (2) If, after assessing the adult according to prescribed procedures, the qualified health care provider determines that the adult is incapable of managing that adult's financial affairs, the qualified health care provider may, using the prescribed form, report the adult's incapability to a health authority designate.
(3) If a health authority designate receives a report under subsection (2) of an adult's incapability, the health authority designate may issue a certificate of incapability in respect of the adult, if satisfied that, based on the report and any additional information the designate receives,
(a) the adult needs to make decisions about the adult's financial affairs,
(b) the adult is incapable of making those decisions,
(c) the adult needs, and will benefit from, the assistance and protection of a statutory property guardian,
(d) the needs of the adult would not be sufficiently met by alternative means of assistance, and
(e) either
(i) the adult has not granted power over all of the adult's financial affairs to an attorney under an enduring power of attorney, or
(ii) an attorney has been granted power as described in subparagraph (i) but is not complying with the attorney's duties under the Power of Attorney Act or the enduring power of attorney, as applicable.

Outcome of investigation

51 (1) After conducting an investigation described in section 47 (3) (d), the designated agency may do one or more of the following:
(g) prepare a support and assistance plan that specifies any services needed by the adult, including health care, accommodation, social, legal or financial services.
8. / AGRICULTURAL PRODUCE GRADING ACT / Power to make regulations
14 (2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting the establishment of a system of grading and marking for any class of produce;
(b) respecting the standards of quality and grade names for each grade established;
(c) respecting the examination, grading, packaging, packing, marking, handling, selling, purchasing, shipping, transporting and advertising of produce in British Columbia;
(d) respecting reports and records to be made or kept, including the manner of identifying producers of ungraded produce sold or shipped;
…
9. / AGRICULTURE LAND COMMISSION ACT / Financial and corporate matters
12 (1) The financial year end of the commission is March 31 and the Minister of Finance is the fiscal agent of the commission.
(2) At the times, and in the form and manner, prescribed by regulation, the commission must submit to the minister the following:
(a) a review of its operations during the preceding period;
(b) performance indicators for the preceding period;
(c) details on the nature and number of applications and other matters received or commenced by the commission during the preceding period;
(d) details of the time from filing or commencement to disposition of the applications and other matters disposed of in the preceding period;
(e) results of any surveys carried out by or on behalf of the commission during the preceding period;
(f) a forecast of workload for the succeeding period;
(g) trends or special problems foreseen by the commission;
(h) plans for improving the commission's operations in the future;
(i) other information as prescribed.
10. / AGRI-FOOD CHOICE AND QUALITY ACT / Forms
10 The minister may do either or both of the following:
(a) prescribe certificates and forms for use under this Act;
(b) specify certificates and forms for use under this Act.
Power to make regulations
(1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
…
(h) respecting the issue, amendment, renewal, suspension or cancellation of a certificate;
…
(n) providing for the making, keeping or delivering of information and records by a farmer, harvester, producer, processor, manufacturer, preparer, packager, handler or seller of an agri-food product and the production of the records at regular intervals or on an inspection;
11. / AGROLOGISTS ACT / Register
14 The registrar must
(a) create and maintain a register for each category of members referred to in section 4 (1) and for each subcategory of members established in accordance with a bylaw made under section 4 (2) (b), and
(b) record in the applicable register the name and particulars of a person enrolled, admitted or reinstated in the institute under this Act.
Audits and practice reviews
(2) If the council authorizes a practice review, the council may do the following:
(a) by written notice, require a member of the institute whose practice is being reviewed under this subsection to cooperate with the review, answer questions and provide access to information, files or records in the member's possession or control;
(b) direct a reviewer to prepare a report of the findings of the review, which, if prepared, must also be provided to the member of the institute whose practice was the subject of the review;
(c) refer a report required under paragraph (b) to an officer or a committee with directions to
(i) consider whether or not the findings of the review might warrant action under section 21, and
(ii) advise the council accordingly.
Discipline proceedings
21 (1) The council may do the following:
(d) issue a citation ordering a discipline hearing under section 24 to inquire into the conduct or competence of a member of the institute;