Bill 6−the Justice Statutes Amendment Act, 2015, was introduced in the legislature today by Attorney General and Minister of Justice Suzanne Anton.
If passed, the amendments will affect the following provincial statutes:
Business Practices and Consumer Protection Act:
The changes introduced today will allow for regulation of the debt-settlement industry and help ensure protection for B.C. families with burdensome debt loads. Debt-settlement companies will be prohibited from charging fees until both the debtor and creditor have approved a debt-repayment agreement, will have to disclose the risks associated with the debt-settlement process for customers and will be required to be licensed by Consumer Protection BC. The amendments will modernize outdated provisions so B.C.’s debt-collection laws reflect the present-day industry and align with other Canadian jurisdictions.
Coroners Act:
The changes introduced today will clarify the definition of a “body” to make it clear that all provisions in the act which relate to a “body” will also apply to all parts of a body of a deceased person. The Coroners Act includes prohibitions on anyone disturbing or moving a body, or removing a body from the province. Sometimes an individual or the police may come upon parts of a body or skeletal remains, and in the past, have removed them instead of notifying the BC Coroners Service. This amendment will make it clear that when such remains are found, they must be left in place for examination by a coroner and not removed without the coroner’s permission. This is of great importance to the coroner’s investigation since the location and context of a body is frequently critical to determining cause and manner of death.
Family Maintenance Enforcement Act:
The proposed amendments will ensure consistency with the Family Law Act’s objective of encouraging the use of non-court processes, where appropriate, to resolve family law matters. This amendment would make it clear that child and spousal support granted under family arbitration awards can be enforced using the Family Maintenance Enforcement Act (FMEA). Previously, only court orders and agreements filed with the court were enforceable using the FMEA.
Judicial Compensation Act:
The proposed amendments will result in cost-savings and greater efficiency in determining compensation for Provincial Court judges and judicial justices of the peace. These amendments will merge the Judges Compensation Commission and the Judicial Justices Compensation Commission into a single commission that would continue to issue a report every three years. An amendment is also required to allow judges, who are appointed until age 75, to continue to participate in the pension plan beyond the normal retirement age of 71.
Jury Act:
The proposed amendments will clarify the rules around who is entitled to claim expenses if they are involved in the jury selection process. These amendments will also set out that past jurors and panellists will not be reimbursed for allowances which were never claimed, such as travel, parking and meal costs. The amendments also clarify what expenses sitting jurors are entitled to by setting them out in the regulations to the act.
Power of Attorney Act:
The proposed amendment removes unnecessary language to ensure consistency with the Family Law Act. This amendment also updates wording to better reflect that an enduring power of attorney ends upon separation of spouses.
Representation Agreement Act:
The proposed amendment will update language to maintain consistency with changes to the Power of Attorney Act. The new language reflects changes in the Family Law Act and helps clarify that a representation agreement ends upon separation of spouses.
Media Contacts:
Business Practices and Consumer Protection Act
Coroners Act:
Ministry of Justice - Solicitor General
Government Communications and Public Engagement
250 213-3602
Family Maintenance Enforcement Act
Judicial Compensation Act
Jury Act
Power of Attorney Act
Representation Agreement Act:
Ministry of Justice - Attorney General
Government Communications and Public Engagement
250 208-0618