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“Point in Time” Act Content

COMMUNITY LIVING AUTHORITY ACT

[SBC 2004] CHAPTER 60

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1May 11, 2023
5November 26, 2009
 May 11, 2023
 January 1, 2024
6November 26, 2009
 November 26, 2009
 March 30, 2023
9October 29, 2009
11March 30, 2023
19March 30, 2023
20March 30, 2023
23May 10, 2016
27May 10, 2016
 November 28, 2016
Part 6, ss. 30 to 32June 30, 2008

  Section 1 definition of "Indigenous peoples" was added by 2023-16-43, effective May 11, 2023 (Royal Assent).

  Section 5 (2), (3) and (4) BEFORE repealed by 2009-34-15, effective November 26, 2009 (Royal Assent).

(2)  All directors, other than a director referred to in subsection (4), must have the necessary skills, qualifications and experience to direct the authority.

(3)  Subject to subsection (2) and section 6 (2) (c), a majority of directors must be

(a) individuals referred to in the definition of "community living support", or

(b) individuals who have a significant connection to the individuals referred to in paragraph (a), including family members.

(4)  Subject to section 6 (2) (c), 2 of the directors must be individuals with a developmental disability.

  Section 5 (7) was added by 2023-16-45, effective May 11, 2023 (Royal Assent).

  Section 5 (3.1) was added by 2023-16-44, effective January 1, 2024 (BC Reg 286/2023).

  Section 6 (2) (b) (part) BEFORE amended by 2009-34-16(a), effective November 26, 2009 (Royal Assent).

(b) despite section 5 (1), but subject to section 5 (2), (3) and (4), the chair may, after consultation with the minister, appoint an individual as a director to hold office until the earlier of the following:

  Section 6 (2) (b) (i) BEFORE amended by 2009-34-16(b), effective November 26, 2009 (Royal Assent).

(i)  an appointment under section 5 (1) or subsection (2) (a);

  Section 6 (2) (part) BEFORE amended by 2023-10-84, effective March 30, 2023 (Royal Assent).

(2) If a person ceases for any reason to be a director of the board before the end of the term for which he or she was appointed,

  Section 9 (2) (j) BEFORE amended by 2009-21-5,Sch 2, effective October 29, 2009 (Royal Assent).

(j) discussions respecting an investigation under the Ombudsman Act if the authority has been notified under section 14 of that Act.

  Section 11 (d) BEFORE amended by 2023-10-85, effective March 30, 2023 (Royal Assent).

(d) comply with the minister's directions in carrying out his or her power under section 18 (1) (b) to monitor and assess the authority, and comply with processes to assess performance, set by the minister under section 18 (1) (c);

  Section 19 (3) (a) and (b) BEFORE amended by 2023-10-86, effective March 30, 2023 (Royal Assent).

(a) all reasonable assistance to enable the representative to exercise his or her powers and perform his or her functions and duties, and

(b) any information that the representative may reasonably require to exercise his or her powers and perform his or her functions and duties.

  Section 20 (4) and (6) BEFORE amended by 2023-10-87, effective March 30, 2023 (Royal Assent).

(4) The special advisor may attend and participate in any meeting of the board or other meeting involving the authority, the chief executive officer or other officers or employees in exercising his or her powers or performing his or her functions or duties.

(6) The special advisor must

(a) submit a report to the minister in respect of anything resulting from performing his or her functions and duties under this section, and

(b) indicate in the report the extent to which the board agrees with the report.

  Section 23 (1) BEFORE amended by 2015-27-30, effective May 10, 2016 (BC Reg 109/2016).

(1) Despite the Document Disposal Act and subject to the regulations,

(a) the minister, in writing, may transfer records to the authority, and

(b) the authority, in writing, may transfer records to the minister.

  Section 27 (3) BEFORE repealed by 2015-27-31, effective May 10, 2016 (BC Reg 109/2016).

(3) For the purposes of the Document Disposal Act, the authority is a ministerial office.

  Section 27 (2) BEFORE amended by 2015-18-294, effective November 28, 2016 (BC Reg 216/2015).

(2) The Lieutenant Governor in Council, by regulation, may declare that provisions of the Business Corporations Act or the Society Act apply to the authority.

  Part 6, sections 30 to 32 BEFORE repealed by 2004-60-32, effective June 30, 2008 [3 years after coming into force of Part 6].

Part 6 — Transitional Provisions

  Transitional — donations

30  Upon receipt of a donation transferred from an interim authority under section 12 (6) (b) of the Community Services Interim Authorities Act, the authority must

(a) use the donation for the purposes referred to in section 12 (2) of that Act, and

(b) comply with conditions imposed by a donor on the donation to the interim authority under section 12 (7) (b) of that Act.

  Transitional — regulations

31  The Lieutenant Governor in Council may make regulations as follows:

(a) facilitating the transfer of powers, functions and duties from the government to the authority, or from an interim authority to the authority;

(b) respecting any matters considered necessary or advisable to more effectively bring into operation the provisions of this Act and to obviate any transitional difficulties encountered.

  Repeal of Part

32  This Part is repealed 3 years after it comes into force.