Act BEFORE repealed by 2020-8-7, effective December 31, 2022 (Royal Assent).
COVID-19 Related Measures Act
[SBC 2020] CHAPTER 8
Assented to July 8, 2020
Part 1 — Definitions and Application
Definitions
1 In this Act:
"COVID-19 pandemic" means the pandemic that was the subject of the declaration of a state of emergency made under the Emergency Program Act on March 18, 2020;
"COVID-19 provision" means a provision enacted by section 3 (1);
"declaration of a state of emergency" has the same meaning as in the Emergency Program Act;
"EPA instrument" means an order or regulation, listed in Schedule 1 or 2, that was made under section 10 or 10.1 of the Emergency Program Act.
Conflict
2 If there is a conflict between
(a) this Act, including a COVID-19 provision, or a regulation under this Act, and
(b) any other Act or regulation,
the enactment referred to in paragraph (a) prevails.
Re-enactment and continuation of EPA instruments
3 (1) Each of the EPA instruments is enacted as a provision of this Act.
(2) An EPA instrument is repealed on its enactment as a COVID-19 provision by subsection (1).
(3) Subject to subsection (8) (b), the enactment of a COVID-19 provision by subsection (1) is effective,
(a) respecting EPA instruments in Schedule 1, on the date of the relevant declaration of a state of emergency, and
(b) respecting EPA instruments in Schedule 2, on the date the instrument was made under section 10 or 10.1 of the Emergency Program Act.
(4) For certainty, a COVID-19 provision remains in effect in accordance with this section despite
(a) the Emergency Program Act, and
(b) anything in the COVID-19 provisions to the contrary.
(5) Subject to subsections (6) and (8), a COVID-19 provision is repealed as follows:
(a) respecting items 1 to 6 in Schedule 1 and items 1, 2, 5, 7 to 9, 13, 16, 17, 19, 20 and 21 in Schedule 2, 90 days after the date on which the last extension of the declaration of a state of emergency made March 18, 2020 under section 9 (1) of the Emergency Program Act expires or is cancelled;
(b) respecting items 3, 4, 6, 10 to 12, 14, 15 and 18 in Schedule 2, 45 days after the date on which the last extension of the declaration of a state of emergency made March 18, 2020 under section 9 (1) of the Emergency Program Act expires or is cancelled;
(c) respecting EPA instruments added to Schedule 1 or 2 after this Act comes into force, as determined by regulation.
(6) The Lieutenant Governor in Council may, before a COVID-19 provision is repealed under this section, specify by regulation a different date on which the COVID-19 provision is to be repealed, and if a different date is so specified, the COVID-19 provision is repealed on that specified date.
(7) The Lieutenant Governor in Council may not specify a date
(a) for the purposes of subsection (5) (c) that is later than December 31, 2022, and
(b) for the purposes of subsection (6) that would have retroactive effect or that is later than December 31, 2022.
(8) The Lieutenant Governor in Council may, by regulation,
(a) repeal a COVID-19 provision or a portion of a COVID-19 provision, and
(b) add to Schedule 1 or 2 an order made under section 10 of the Emergency Program Act or a regulation made under section 10.1 of that Act respecting the COVID-19 pandemic.
(9) The Lieutenant Governor in Council may make a regulation under subsection (6) or (8) (b) only if satisfied it is necessary to do so to respond to or alleviate the effects of the COVID-19 pandemic.
(10) A regulation under subsection (8) may be made retroactive to a specified date and, if made retroactive, is deemed to have come into force on the specified date.
(11) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
Reports
4 (0.1) In this section, "business day" means a day other than a Saturday or a holiday.
(1) Subject to subsection (2.1), the minister responsible for the administration of the Emergency Program Act must report to the Speaker of the Legislative Assembly on the following made under that Act respecting the COVID-19 pandemic:
(a) an order made under section 10;
(b) a regulation made under section 10.1.
(2) Subject to subsection (2.1), the minister responsible for the administration of this Act must report to the Speaker of the Legislative Assembly on a regulation made under this Act.
(2.1) If the report required under subsection (2) is in relation to a regulation referred to in section 3 (5) (c) or (8) (b),
(a) the report may be combined with the report required under subsection (1) of this section, and
(b) the combined report may be made by either minister or by both ministers.
(3) A report under this section must
(a) include a copy of the relevant order or regulation, and
(b) be made within 5 business days from the date the order or regulation was made.
(4) On receipt of a report under this section, the Speaker must lay the report before the Legislative Assembly as soon as possible.
Part 3 — Limits on Actions and Proceedings
No actions or proceedings
5 (1) Subject to subsection (2) and the regulations, no legal proceeding for prescribed damages related to the COVID-19 pandemic lies or may be commenced or maintained against a prescribed person or a person in a prescribed class of persons because of
(a) any prescribed act or omission of the person, or
(b) any act or omission of the person in a prescribed class of acts or omissions.
(2) Subsection (1) does not apply in relation to damages caused by gross negligence.
(3) The Lieutenant Governor in Council may make regulations for the purposes of this section, including, without limitation, regulations restricting the protection provided under subsection (1) or imposing conditions on the protection.
(4) A regulation under subsection (3) may be made retroactive to a specified date and, if made retroactive, is deemed to have come into force on the specified date.
Protection continues
6 For certainty, despite the repeal of section 5, the repeal does not affect any protection acquired under that section.
Repeal
7 (1) Subject to subsection (2), the Act is repealed on December 31, 2022.
(2) The Lieutenant Governor in Council may by regulation repeal the Act on a date earlier than December 31, 2022.
[Note: See Table of Legislative Changes for the status of sections 8 and 9.]
| Section(s) | Affected Act | |
| 8-9 | Emergency Program Act |
| Item | Column 1 Ministerial Order Title | Column 2 Ministerial Order Number |
| 1 | Electronic Attendance at Strata Property Meetings (COVID-19) Order Repealed 2022-41-30. | M114/2020 |
| 2 | Electronic Attendance at Corporate Meetings (COVID-19) Order Repealed 2021-14-66. | M116/2020 |
| 3 | Electronic Attendance at Credit Union Meetings (COVID-19) Order Repealed 2021-14-66. | M138/2020 |
| 4 | Local Government Meetings and Bylaw Process (COVID-19) Order No. 2 Repealed B.C. Reg. 172/2020. | M139/2020 |
| 5 | Electronic Attendance at Statutory Meetings (COVID-19) Order | M167/2020 |
| 6 | Correctional Centre Measures (COVID-19) Order Repealed B.C. Reg. 230/2021. | M193/2020 |
| Item | Column 1 (for Items 7 and following) EPA Instrument Title | Column 2 (for Items 7 and following) EPA Instrument Number |
| 7 | COVID-19 (Provincial Court Proceedings) Regulation Repealed B.C. Reg. 135/2021. |
| Item | Column 1 Ministerial Order Title | Column 2 Ministerial Order Number |
| 1 | Bylaw Enforcement Officer (COVID-19) Order | M082/2020 |
| 2 | Local Authorities and Essential Goods and Supplies (COVID-19) Order Amended B.C. Reg. 194/2020, O.C. 451/2020; B.C. Reg. 185/2021, O.C. 432/2021; B.C. Reg. 337/2021, O.C. 726/2021. | M084/2020 |
| 3 | Limitation Periods (COVID-19) Order Repealed B.C. Reg. 172/2020. | M086/2020 |
| 4 | Residential Tenancy (COVID-19) Order Repealed B.C. Reg. 172/2020. | M089/2020 |
| 5 | Provincial Compliance Officer (COVID-19) Order | M093/2020 |
| 6 | Protection Against Liability (COVID-19) Order Repealed B.C. Reg. 172/2020. | M094/2020 |
| 7 | Limitation Periods (COVID-19) Order No. 2 Amended B.C. Reg. 199/2020, O.C. 453/2020; Repealed 2020-8-3(5)(a). | M098/2020 |
| 8 | Health Care Labour Adjustment (COVID-19) Order Repealed B.C. Reg. 188/2020. | M105/2020 |
| 9 | Prohibition on Unconscionable Prices for Essential Goods and Supplies (COVID-19) Order Repealed B.C. Reg. 185/2021. | M115/2020 |
| 10 | Protection Against Liability (COVID-19) Order No. 2 Repealed B.C. Reg. 204/2020. | M120/2020 |
| 11 | Supreme Court Civil and Family Applications (COVID-19) Order | M121/2020 |
| 12 | Encampment Health and Safety (COVID-19) Order Repealed B.C. Reg. 172/2020. | M128/2020 |
| 13 | Employment and Assistance (COVID-19) Order Repealed B.C. Reg. 231/2021. | M133/2020 |
| 14 | Encampment Health and Safety (COVID-19) Order No. 2 Repealed B.C. Reg. 172/2020. | M150/2020 |
| 15 | Encampment Health and Safety (COVID-19) Vancouver Enforcement Order Repealed B.C. Reg. 172/2020. | M152/2020 |
| 16 | Local Government Finance (COVID-19) Order Repealed B.C. Reg. 175/2021. | M159/2020 |
| 17 | Electronic Witnessing of Enduring Powers of Attorney and Representation Agreements (COVID-19) Order | M162/2020 |
| 18 | Encampment Health and Safety (COVID-19) Victoria Enforcement Order Repealed B.C. Reg. 172/2020. | M166/2020 |
| 19 | Electronic Attendance at UBCM Convention (COVID-19) Order Repealed 2020-8-3(5)(a). | M168/2020 |
| 20 | Protection Against Liability for Sports (COVID-19) Order Repealed B.C. Reg. 204/2020. | M183/2020 |
| 21 | Local Government Meetings and Bylaw Process (COVID-19) Order No. 3 Amended B.C. Reg. 175/2021, O.C. 420/2021; Repealed 2020-8-3(5)(a). | M192/2020 |
| 22 | Commercial Tenancy (COVID-19) Order Repealed B.C. Reg. 172/2020 as am by BC Reg 223/2020. | M179/2020 |
| 23 | Residential Tenancy (COVID-19) Order No. 2 Repealed B.C. Reg. 195/2020. | M195/2020 |
| 23.1 | Health Care Labour Adjustment (COVID-19) Order No. 2 | M220/2020 |
| 23.2 | BC Ferries Medical Travel (COVID-19) Order | M256/2020 |
| 23.3 | Gatherings and Events (COVID-19) Order Repealed B.C. Reg. 258/2020. | |
| 23.4 | Food and Liquor Premises, Gatherings and Events (COVID 19) Order Repealed B.C. Reg. 269/2020. | |
| 23.5 | Food and Liquor Premises, Gatherings and Events (COVID-19) Order No. 2 Repealed B.C. Reg. 1/2021. | |
| 23.6 | Use of Face Coverings in Indoor Public Spaces (COVID-19) Order Repealed B.C. Reg. 1/2021. | |
| 23.7 | Food Delivery Services (COVID-19) Order | |
| 23.8 | Protective Measures (COVID-19) Order No. 2 | |
| Item | Column 1 (for Items 24 and following) EPA Instrument Title | Column 2 (for Items 24 and following) EPA Instrument Number |
| 24 | COVID-19 (Societies Act) Regulation Repealed B.C. Reg. 172/2020. | B.C. Reg. 173/2020 |
| 25 | COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) Regulation Repealed B.C. Reg. 212/2020. | |
| 26 | COVID-19 (Passenger Transportation Act) Regulation Repealed B.C. Reg. 200/2020. | B.C. Reg. 200/2020 |
| 27 | COVID-19 (Limitation Periods in Court Proceedings) Regulation Repealed B.C. Reg. 292/2020. | B.C. Reg. 199/2020 |
| 28 | COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) (No. 2) Regulation Repealed B.C. Reg. 267/2020. | |
| 29 | COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) (No. 3) Regulation Repealed B.C. Reg. 267/2020. | B.C. Reg. 267/2020 |
| 30 | COVID-19 (Income Tax Act) Regulation Repealed B.C. Reg. 253/2021. | |
| 31 | COVID-19 (South Coast British Columbia Transportation Authority Act) Regulation | |
| 32 | COVID-19 (Provincial Court Proceedings) (No. 2) Regulation |
Section 3 (6) and (7) BEFORE amended by 2021-17-1, effective July 10, 2020 [retro from June 17, 2021 (Royal Assent)].
(6) The Lieutenant Governor in Council may, before a COVID-19 provision is repealed under subsection (5), specify by regulation a later date on which the COVID-19 provision is repealed, and if a later date is so specified, the COVID-19 provision is repealed on that later date.
(7) The Lieutenant Governor in Council may not specify a date for the purposes of subsection (6) that is later than the date that is one year after the date this Act comes into force.
Section 3 (7) BEFORE amended by 2021-34-1, effective November 25, 2021 (Royal Assent).
(7) The Lieutenant Governor in Council may not specify a date
(a) for the purposes of subsection (5) (c) that is later than December 31, 2021, and
(b) for the purposes of subsection (6) that would have retroactive effect or that is later than December 31, 2021.
Section 4 (1) (part) BEFORE amended by 2021-17-2(b), effective June 17, 2021 (Royal Assent).
(1) The minister responsible for the administration of the Emergency Program Act must report to the Speaker of the Legislative Assembly on the following made under that Act respecting the COVID-19 pandemic:
Section 4 (2) BEFORE amended by 2021-17-2(b), effective June 17, 2021 (Royal Assent).
(2) The minister responsible for the administration of this Act must report to the Speaker of the Legislative Assembly on a regulation made under this Act.
Section 4 (3) (b) BEFORE amended by 2021-17-2(d), effective June 17, 2021 (Royal Assent).
(b) be made within 5 days from the date the order or regulation was made.
Section 7 under Repeal and Related Amendments was re-enacted by 2021-17-3, effective June 17, 2021 (Royal Assent).
Schedule 1, item 7 was added by BC Reg 25/2021 under 2020-8-3(5),(8), effective March 18, 2020 [retro from February 8, 2021 (BC Reg 25/2021)].
Schedule 1, items 2 and 3 BEFORE repealed by 2021-14-66, effective May 20, 2021 (Royal Assent).
| 2 | Electronic Attendance at Corporate Meetings (COVID-19) Order | M116/2020 |
| 3 | Electronic Attendance at Credit Union Meetings (COVID-19) Order | M138/2020 |
Schedule 1, item 7 BEFORE repealed by BC Reg 135/2021 under 2020-8-3(5),(8), effective May 17, 2021 [retro from May 25, 2021 (BC Reg 135/2021)].
| 7 | COVID-19 (Provincial Court Proceedings) Regulation |
Schedule 1, item 6 BEFORE repealed by BC Reg 230/2021 under 2020-8-3, effective December 31, 2021 (BC Reg 230/2021).
| 6 | Correctional Centre Measures (COVID-19) Order | M193/2020 |
Schedule 1, item 1 BEFORE repealed by 2022-41-30, effective November 24, 2022 (Royal Assent).
| 1 | Electronic Attendance at Strata Property Meetings (COVID-19) Order | M114/2020 |
Schedule 2, item 8 BEFORE repealed by BC Reg 188/2020 under 2020-8-3(5)(c),(8), effective July 15, 2020 [retro from July 21, 2020 (BC Reg 188/2020)].
| 8 | Health Care Labour Adjustment (COVID-19) Order | M105/2020 |
Schedule 2, item 23.1 was added by BC Reg 188/2020 under 2020-8-3(5)(c),(8), effective July 15, 2020 [retro from July 21, 2020 (BC Reg 188/2020)].
Schedule 2, item 23 BEFORE repealed by BC Reg 195/2020 under 2020-8-3(5)(c),(8)(b), effective July 30, 2020 (BC Reg 195/2020).
| 23 | Residential Tenancy (COVID-19) Order No. 2 | M195/2020 |
Schedule 2, heading above item 24 BEFORE amended by BC Reg 195/2020 under 2020-8-3(5)(c),(8)(b), effective July 30, 2020 (BC Reg 195/2020).
| Item | Column 1 (for Item 24) EPA Instrument Title | Column 2 (for Item 24) EPA Instrument Number |
Schedule 2, item 24 BEFORE amended by BC Reg 195/2020 under 2020-8-3(5)(c),(8)(b), effective July 30, 2020 (BC Reg 195/2020).
| 24 | COVID-19 (Societies Act) Regulation |
Schedule 2, item 25 was added by BC Reg 195/2020 under 2020-8-3(5)(c),(8)(b), effective July 30, 2020 (BC Reg 195/2020).
Schedule 2, item 27 was added by BC Reg 199/2020 under 2020-8-3(5)(c),(8)(a),(b), effective August 4, 2020 (BC Reg 199/2020).
Schedule 2, item 26 was added by BC Reg 200/2020 under 2020-8-3(5)(c),(8)(b), effective April 1, 2020 [retro from August 4, 2020 (BC Reg 200/2020)].
Schedule 2, items 10 and 20 BEFORE repealed by BC Reg 204/2020 under 2020-8-3,5, effective August 6, 2020 (BC Reg 204/2020).
| 10 | Protection Against Liability (COVID-19) Order No. 2 | M120/2020 |
| 20 | Protection Against Liability for Sports (COVID-19) Order | M183/2020 |
Schedule 2, item 23.2 was added by BC Reg 215/2020 under 2020-8-3(5),(8), effective July 30, 2020 [retro from August 14, 2020 (BC Reg 215/2020)].
Schedule 2, item 25 BEFORE repealed by BC Reg 212/2020 under 2020-8-3(5),(8), effective August 14, 2020 (BC Reg 212/2020).
| 25 | COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) Regulation |
Schedule 2, items 26 and 27 BEFORE amended by BC Reg 212/2020 under 2020-8-3(5),(8), effective August 14, 2020 (BC Reg 212/2020).
| 26 | COVID-19 (Passenger Transportation Act) Regulation | |
| 27 | COVID-19 (Limitation Periods in Court Proceedings) Regulation |
Schedule 2, item 28 was added by BC Reg 212/2020 under 2020-8-3(5),(8), effective August 14, 2020 (BC Reg 212/2020).
Schedule 2, item 23.3 was added by BC Reg 219/2020 under 2020-8-3(5)(c),(8)(a),(b), effective August 20, 2020 (BC Reg 219/2020).
Schedule 2, item 23.4 was added by BC Reg 258/2020 under 2020-8-3, effective September 20, 2020 (BC Reg 258/2020).
Schedule 2, item 23.3 BEFORE repealed by BC Reg 258/2020 under 2020-8-3, effective September 20, 2020 (BC Reg 258/2020).
| 23.3 | Gatherings and Events (COVID-19) Order |
Schedule 2, item 22 BEFORE repealed by BC Reg 223/2020 under 2020-8-3(5)(c),(8), effective October 1, 2020 (BC Reg 223/2020 as it re-enacts Schedule section 8 of BC Reg 172/2020).
| 22 | Commercial Tenancy (COVID-19) Order | M179/2020 |
Schedule 2, item 28 BEFORE repealed by BC Reg 267/2020 under 2020-8-3(5),(8), effective November 9, 2020 (BC Reg 267/2020).
| 28 | COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) (No. 2) Regulation |
Schedule 2, item 29 was added by BC Reg 267/2020 under 2020-8-3(5),(8), effective November 9, 2020 (BC Reg 267/2020).
Schedule 2, item 23.4 BEFORE repealed by BC Reg 269/2020 under 2020-8-3, effective November 13, 2020 (BC Reg 269/2020).
| 23.4 | Food and Liquor Premises, Gatherings and Events (COVID 19) Order |
Schedule 2, item 23.5 was added by BC Reg 269/2020 under 2020-8-3, effective November 13, 2020 (BC Reg 269/2020).
Schedule 2, item 29 BEFORE amended by BC Reg 269/2020 under 2020-8-3, effective November 13, 2020 (BC Reg 269/2020).
| 29 | COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) (No. 3) Regulation |
Schedule 2, item 23.6 was added by BC Reg 271/2020 under 2020-8-3, effective November 24, 2020 (BC Reg 271/2020).
Schedule 2, item 23.7 was added by BC Reg 301/2020 under 2020-8-3(5)(c),(8)(a),(b), effective December 27, 2020 (BC Reg 301/2020).
Schedule 2, items 23.5 and 23.6 BEFORE repealed by BC Reg 1/2021 under 2020-8-3(8)(a), effective January 8, 2021 (BC Reg 1/2021).
| 23.5 | Food and Liquor Premises, Gatherings and Events (COVID-19) Order No. 2 | |
| 23.6 | Use of Face Coverings in Indoor Public Spaces (COVID-19) Order |
Schedule 2, item 27 BEFORE repealed by BC Reg 292/2020 under 2020-8-3(8)(a), effective March 25, 2021 (BC Reg 292/2020).
| 27 | COVID-19 (Limitation Periods in Court Proceedings) Regulation | B.C. Reg. 199/2020 |
Schedule 2, item 30 was added by BC Reg 94/2021 under 2020-8-3(5)(c),(8)(a),(b), effective December 18, 2020 [retro from March 29, 2021 (BC Reg 94/2021)].
Schedule 2, item 31 was added by BC Reg 107/2021 under 2020-8-3(8)(b), effective April 19, 2021 (BC Reg 107/2021).
Schedule 2, item 32 was added by BC Reg 135/2021 under 2020-8-3(5),(8), effective May 17, 2021 [retro from May 25, 2021 (BC Reg 135/2021)].
Schedule 2, item 23.8 was added by BC Reg 165/2021 under 2020-8-3, effective June 30, 2021 (BC Reg 165/2021).
Schedule 2, item 2 BEFORE amended by BC Reg 185/2021 under 2020-8-3, effective July 9, 2021 (BC Reg 185/2021).
| 2 | Local Authorities and Essential Goods and Supplies (COVID-19) Order Amended B.C. Reg. 194/2020, O.C. 451/2020. | M084/2020 |
Schedule 2, item 9 BEFORE repealed by BC Reg 185/2021 under 2020-8-3, effective July 9, 2021 (BC Reg 185/2021).
| 9 | Prohibition on Unconscionable Prices for Essential Goods and Supplies (COVID-19) Order | M115/2020 |
Schedule 2, item 24 BEFORE repealed by BC Reg 172/2020 under 2020-8-3(5)(c),(8), effective July 10, 2021 (BC Reg 172/2020).
| 24 | COVID-19 (Societies Act) Regulation | B.C. Reg. 173/2020 |
Schedule 2, item 26 BEFORE repealed by BC Reg 200/2020 under 2020-8-3(5)(c),(8)(b), effective July 10, 2021 (BC Reg 200/2020).
| 26 | COVID-19 (Passenger Transportation Act) Regulation | B.C. Reg. 200/2020 |
Schedule 2, item 29 BEFORE repealed by BC Reg 267/2020 under 2020-8-3(5),(8), effective July 10, 2021 (BC Reg 267/2020).
| 29 | COVID-19 (Residential Tenancy Act and Manufactured Home Park Tenancy Act) (No. 3) Regulation | B.C. Reg. 267/2020 |
Schedule 2, item 16 BEFORE repealed by BC Reg 175/2021 under 2020-8-3, effective July 10, 2021 (BC Reg 175/2021).
| 16 | Local Government Finance (COVID-19) Order | M159/2020 |
Schedule 2, item 21 BEFORE amended by BC Reg 175/2021 under 2020-8-3, effective July 10, 2021 (BC Reg 175/2021).
| 21 | Local Government Meetings and Bylaw Process (COVID-19) Order No. 3 | M192/2020 |
Schedule 2, item 30 BEFORE repealed by BC Reg 253/2021 under 2020-8-3(8), effective December 18, 2020 [retro from October 4, 2021 (BC Reg 253/2021)].
| 30 | COVID-19 (Income Tax Act) Regulation |