2001 Legislative Session: 5th Session, 36th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE JOY MacPHAIL
MINISTER OF EDUCATION
 AND DEPUTY PREMIER


BILL 21 - 2001

ABORTION SERVICES STATUTES AMENDMENT ACT, 2001

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Freedom of Information and Protection of Privacy Act

1 The Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following section in Division 2 of Part 2:

Disclosure of information relating to abortion services

22.1 (1) In this section, "abortion services" means lawful medical services for the termination of a pregnancy.

(2) The head of a public body must refuse to disclose to an applicant information that relates to the provision of abortion services.

(3) Subsection (2) does not apply to the following:

(a) information about abortion services that were received by the applicant;

(b) statistical information, including financial information, relating to the total number of abortion services provided throughout

(i) British Columbia, or

(ii) a region that is designated under section 4 (1) (b) of the Health Authorities Act if more than one health care body provides abortion services in that region;

(c) information about a public body's policies on the provision of abortion services.

(4) Nothing in this section prevents any other provision of this Act from applying if a request is made under section 5 by an applicant for access to a record containing information about abortion services that were received by the applicant.


Hospital Act

2 Section 1 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended in the definition of "hospital" by striking out "except in Part 2," and substituting "except in Parts 2 and 2.1,".

3 The following Part is added:

Part 2.1 – Hospitals Providing Abortion Services

Abortion services

24.1 (1) In this section "qualified person" has the meaning given to it in section 1 of the Hospital Insurance Act.

(2) Each hospital listed in the Schedule to this Act must provide the facilities and services, and be operated and maintained, as necessary to allow a qualified person to receive abortion services at that hospital.

(3) The Lieutenant Governor in Council may, by regulation, amend the Schedule to add to it any hospital in British Columbia.

4 Section 47 is amended by adding "including a hospital under Part 2.1," after "to a hospital,".

5 Section 56 is amended by adding the following subsection:

(3.1) The Lieutenant Governor in Council may make regulations adding any hospital in British Columbia to the Schedule.

6 The following Schedule is added:

Schedule

[section 24.1]

Bulkley Valley District Hospital
Burnaby Hospital
Campbell River and District General Hospital
Cariboo Memorial Hospital
Cumberland Health Care Facility
Dawson Creek and District Hospital
Eagle Ridge Hospital and Health Care Centre
Fort St. John General Hospital
Golden and District General Hospital
10  G.R. Baker Memorial Hospital
11  Kelowna General Hospital
12  Kimberley and District Hospital
13  Kitimat General Hospital
14  Kootenay Lake District Hospital
15  Lions Gate Hospital
16  Maple Ridge Meadows Hospital and Health Care Centre
17  Mills Memorial Hospital
18  Mission Memorial Hospital
19  Nanaimo Regional General Hospital
20  Peach Arch District Hospital
21  Prince George Regional Hospital
22  Prince Rupert Regional Hospital
23  Queen Victoria Hospital
24  Royal Columbian Hospital
25  Royal Inland Hospital
26  Royal Jubilee Hospital
27  St. Mary's Hospital (Sechelt)
28  Surrey Memorial Hospital
29  Trail Regional Hospital
30  U.B.C. Health Sciences Centre Hospital
31  Vancouver General Hospital
32  Vernon Jubilee Hospital
33  Victoria General Hospital
34  West Coast General Hospital

 
Explanatory Notes

Freedom of Information and Protection of Privacy Act

SECTION 1: [Freedom of Information and Protection of Privacy Act, enacts section 22.1] adds a provision protecting information relating to abortion services from disclosure to an applicant who makes a request under section 5 of the Act and listing certain exceptions to the general rule. One of these exceptions is intended to ensure that applicants who have received abortion services have access to their own information.


Hospital Act

SECTION 2: [Hospital Act, amends section 1] is consequential to the amendment proposed by section 3 of this Bill.

SECTION 3: [Hospital Insurance Act, enacts Part 2.1] requires that the hospitals set out in the Schedule to this Act provide the facilities and services, and are operated and maintained, to allow qualified persons to receive abortion services at those hospitals.

SECTION 4: [Hospital Act, amends section 47] is consequential to the amendment proposed by section 3 of this Bill.

SECTION 5: [Hospital Act, adds section 56 (3.1)] empowers the Lieutenant Governor in Council to make regulations to add hospitals to the Schedule.

SECTION 6: [Hospital Act, enacts a Schedule] establishes the hospitals in British Columbia that must comply with section 24.1 (2) of the Act.


Copyright © 2001: Queen's Printer, Victoria, British Columbia, Canada