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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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1 In this Act:
"board" means the Community Care Facility Appeal Board continued under section 15;
"community care facility" means any facility that
(a) provides care, supervision, social or educational training or physical or mental rehabilitative therapy, with or without charge, to 3 or more persons not related by blood or marriage to an operator of the facility,
(b) provides food and lodging
(i) with or without charge to 3 or more pregnant women during any portion of their pregnancy, or during the 3 months immediately following delivery, or
(ii) to 15 or more persons to or for each of whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act, or
(c) is designated by the Lieutenant Governor in Council as a community care facility,
but does not include any of the following:
(d) a school under the School Act;
(d.1) a francophone school as defined in the School Act;
(e) any portion of a facility licensed under the Hospital Act;
(f) a home approved as a foster home under the Child, Family and Community Service Act;
(g) a home designated as a youth custody centre under the Correction Act;
(h) a school primarily providing, in the opinion of the director, educational training for children 6 years of age or more;
(i) an approved home under the Mental Health Act;
(j) a facility designated by order, or a class of facility designated by regulation, of the Lieutenant Governor in Council not to be a community care facility;
(k) a home providing day care for a sibling group only;
"director" means the director of licensing designated under section 2;
"medical health officer" has the same meaning as in the Health Act;
"minister" includes a person designated in writing by the minister;
"municipality" includes a village municipality and a regional district;
"resident" means a person who resides in a community care facility;
"sibling group" means a group of 3 or more children
(a) who reside in the same household if they are in the care of a person who is with respect to each child
(i) a parent of the child,
(ii) a person with whom the child is placed under the Child, Family and Community Service Act,
(iii) a person who has custody or guardianship of the child under an order of a court, or
(iv) the spouse of a person referred to in subparagraph (i) or (iii) if that person resides in the household, or
(b) who are recognized by the director as a sibling group.
2 (1) The minister must designate a person in the ministry who is employed under the Public Service Act to be the director of licensing.
(2) The director may delegate, in writing, any power or duty of the director under this Act or the regulations to
(a) any person employed in the ministry under the Public Service Act, or
(b) a medical health officer.
3 A person must not
(a) operate, advertise or otherwise hold himself or herself out as operating, a community care facility,
(b) provide, or hold himself or herself out as providing, any of the services provided in a community care facility, or
(c) accommodate, or hold himself or herself out as accommodating, any person who, in the opinion of a medical health officer, requires any of the services provided in a community care facility,
unless the person holds a valid and subsisting licence or interim permit issued under this Act that authorizes the person to provide those services offered at the facility.
4 (1) Subject to this Act and the regulations, a medical health officer may issue to an applicant a licence to operate a community care facility if the medical health officer is of the opinion that
(a) the applicant,
(i) if a person other than a corporation, is of good character and has the training, experience and other qualifications required under the regulations, and the personality, ability and temperament necessary to operate a community care facility in a manner that will maintain the spirit, dignity and individuality of the person being cared for, or
(ii) if a corporation,
(A) has a director permanently resident in British Columbia,
(B) has appointed as manager of the community care facility a person who meets the requirements under subparagraph (i), and
(C) has delegated to that manager full authority to operate the community care facility in accordance with the requirements of this Act and the regulations,
(b) the building or structure to be used by the community care facility will be used
(i) to provide day care for no more than 8 persons, or
(ii) as a residence for no more than 10 persons, not more than 6 of whom are persons in care,
who can either be safely removed from the building or structure by the staff or can make their way from the building or structure unaided in the event of fire, and that the building or structure
(iii) complies with this Act and the regulations, and
(iv) complies with all Provincial and municipal enactments relating to fire and health that are applicable to a dwelling house in use as a private family home, and
(v) [Repealed 1999-12-1.]
(c) the building or structure to be used by the community care facility, if it is not a dwelling house under paragraph (b), complies with this Act and the regulations and all applicable Provincial and municipal enactments relating to fire and health.
(2) If a medical health officer is of the opinion that an applicant has complied with all of the requirements of subsection (1) that may significantly affect health or safety and is in the process of complying with the other requirements of subsection (1), the medical health officer may issue to the applicant, on terms and conditions the medical health officer considers necessary or appropriate, one or more interim permits to operate a community care facility for a period not exceeding a total of one year.
(3) A medical health officer may specify on a licence or interim permit the type of service that the person may provide in the community care facility.
5 (1) There is to be a variance committee chaired by the director and composed of the director and other employees employed under the Public Service Act who are designated by the minister.
(2) The director may establish one or more panels composed of
(a) the director alone, or
(b) the director and the members of the variance committee that the director selects.
(3) A panel may grant an exemption from a requirement of this Act or the regulations if
(a) a licensee or applicant for a licence requests the exemption, and
(b) the panel members in attendance at the consideration of the request all agree that complying with the requirement would cause undue hardship to the licensee or applicant and that granting an exemption would not increase the risk to the health or safety of persons receiving care in a facility of the licensee or applicant.
(4) In granting an exemption under subsection (3), a panel may substitute another requirement in order that the health and safety of the clients in the facility of the licensee or applicant are safeguarded.
6 If the director determines following a hearing that a licensee or permit holder has contravened an enactment of British Columbia or of Canada or a term or condition of the licence or interim permit, the director may attach terms or conditions to, suspend or cancel the licence or interim permit.
7 (1) The director may, without notice or a hearing, attach terms or conditions to or suspend a licence or interim permit until the commencement or completion of a hearing under section 6 if the director has reasonable grounds to believe that the health or safety of persons cared for at the community care facility is at risk if the terms or conditions are not attached or the suspension is not imposed.
(2) If the director has acted under subsection (1), the director must commence a hearing as soon as practicable if a hearing is not already in progress.
8 A licensee or interim permit holder must do all of the following:
(a) only employ at a community care facility persons of good character who meet the standards for employees specified in the regulations;
(b) operate the community care facility in a manner that will maintain the spirit, dignity and individuality of the persons being cared for;
(c) operate the community care facility in a manner that will promote the health and safety of persons in care.
9 (1) The director may issue a certificate to a person stating that the person has the training, experience and other qualifications required by the regulations to act as an early childhood educator or as an early childhood educator of a particular class or otherwise to act as specified in the certificate.
(2) The director may, following a hearing at which he or she determines that cause exists, attach terms or conditions to or suspend or cancel a certificate issued under subsection (1).
10 (1) The minister may appoint an administrator to operate a community care facility for a period specified by the minister if the minister has reasonable grounds to believe that the health or safety of persons cared for at the community care facility is at risk because of
(a) an act or omission of the licensee or permit holder or of the staff, or
(b) the condition of the facility.
(2) The minister must serve a notice of appointment of an administrator on the licensee or permit holder.
(3) The administrator may exercise all powers necessary to continue the operation of the community care facility and, without limiting that power, may
(a) hire staff and pay their remuneration,
(b) order the clients to pay any fees or charges directly to the administrator, and
(c) notify the Minister of Finance and Corporate Relations of the appointment.
(4) After the Minister of Finance and Corporate Relations is notified of the administrator's appointment, all payments by the government for services rendered to persons cared for at the community care facility must be made directly to the administrator.
(5) The administrator must render an accounting of the operation to the minister at the end of the period of the appointment, and any excess of revenue over expenditure must, after deduction of the administrator's fees, be paid to the licensee or permit holder.
(6) The minister must determine the fees to be paid to the administrator, but, if there is insufficient money to pay those fees under subsection (5), the minister must pay the difference.
11 (1) A person who has been issued a licence or an interim permit under this Act must display the licence or interim permit in a conspicuous place in the community care facility.
(2) Subsection (1) does not apply if the community care facility is a dwelling house under section 4 (1) (b).
(3) If a person who has been issued a licence or interim permit under this Act ceases to operate the community care facility for which it is issued
(a) the licence or interim permit expires, and
(b) the person must surrender the licence or interim permit to the director.
12 If a licence or interim permit has been issued for a building or structure referred to in section 4 (1) (b) of this Act or in section 5 (a) (iii) of the Community Care Facility Act, R.S.B.C. 1979, c. 57, as it was before or after July 17, 1989, a provision in an enactment of British Columbia, other than this Act, or of a municipality does not apply to the building, structure or community care facility if that provision would
(a) limit the number or type of persons who may be cared for at that building, structure or community care facility, or
(b) apply to the building, structure or community care facility only because
(i) it is not being used as a single family dwelling house, or
(ii) it operates as a community care facility, a charitable enterprise or a commercial venture.
13 (1) If the building or structure, for which an application for a licence as a community care facility is made under this Act, does not comply with the applicable municipal enactments referred to in section 4 (1) (b) or (c), but is otherwise in compliance with that section, and if the municipality, on application for a variation of the enactment or for an exemption from it, refuses the application, the applicant for a licence may notify the minister and the municipality in writing that the applicant requires the matter to be determined by arbitration.
(2) On receiving the notification, the minister and the municipality may each appoint one arbitrator, and the 2 arbitrators must, within 10 days of the date of the last appointment, appoint a third arbitrator.
(3) If the 2 arbitrators fail to appoint a third arbitrator within the time limited by subsection (2), the applicant or the minister or the municipality may apply to the Supreme Court, after notice to the other parties as required by the Rules of Court, for the appointment of a third arbitrator.
(4) On their appointment as provided in this section, the arbitrators, after considering the public interest, may
(a) dismiss the application, or
(b) order that the applicant be exempted from the enactment.
(5) An order made under subsection (4) is final and binding on the applicant and the municipality, and if the building or structure is exempted under subsection (4) (b), the subsequent owners of the building or structure continue, subject to compliance with this Act, to be exempted from the enactment so long as the building or structure is licensed as a community care facility under this Act.
(6) Except as otherwise provided in this section, the Commercial Arbitration Act applies to an arbitration under this Act, but the applicant for a licence must pay all the costs of the arbitration.
14 The medical health officer appointed under the Health Act for an area of British Columbia must do the following:
(a) investigate every application for a licence to operate a community care facility within that area and report to the director respecting the application, or any other matter relevant to it requested by the director;
(b) investigate every complaint that an unlicensed community care facility is being operated within that area, or that a community care facility being operated within that area under a licence or interim permit does not fully comply with this Act or the regulations, and report the result of the investigation and make a recommendation to the director;
(c) carry out inspections, whenever the medical health officer considers it necessary, of every community care facility that is being operated within that area under a licence or interim permit and report the results of the inspections to the director;
(d) perform additional duties in the administration of this Act that the Lieutenant Governor in Council may direct by regulation.
15 (1) The Community Care Facility Appeal Board is continued consisting of the members the Lieutenant Governor in Council appoints.
(2) An applicant for a licence, interim permit or certificate or a licensee, a permittee or a certificate holder may appeal to the board under this section if
(a) the minister has appointed an administrator under section 10,
(b) the director has
(i) refused to issue a certificate under section 9 (1), or
(ii) attached terms or conditions to, suspended or cancelled a licence or an interim permit under section 6 or 7 or a certificate under section 9 (2),
(c) a medical health officer has refused to issue a licence or interim permit under section 4, or
(d) a panel has refused to grant an exemption under section 5.
(3) A person may appeal to the board under this section if
(a) a panel has granted an exemption under section 5, and
(b) the exemption may reasonably be expected to cause an increase in the risk to the health or safety of a person in the facility for which the exemption is granted.
(4) If an appeal is brought under subsection (3), the person who was granted the exemption that is the subject of the appeal is a party to the appeal.
(5) If an appeal to the board is brought under this section, the person or panel that made the decision or order under appeal may stay its decision or order until the outcome of the appeal if the stay does not entail risk to the health or safety of clients in a facility.
(6) Sections 1, 3 (1) (b) and (c) and (2) to (4), 4, 5, 7, 8, 19 and 21 of the Commercial Appeals Commission Act apply to an appeal under this section as though
(a) the board was the commission,
(b) members of the board were members of the commission, and
(c) the minister, the director, a medical health officer or panel was the officer
under that Act.
16 (1) A community care facility must be open at all times to visitation and inspection by the director or a medical health officer, who may
(a) examine any part of the facility,
(b) call for and inspect the financial and other records of the community care facility, and
(c) inquire into all matters concerning the community care facility, its employees and guests, including any treatment or rehabilitation program being carried out in the community care facility.
(2) If the director or a medical health officer has cause to believe that a building or structure is being used as a community care facility, he or she may
(a) enter and inspect the building or structure and every part of it, and
(b) request full information from the owner or occupant respecting the purpose for which the building or structure is being used.
(3) If requested by the director or a medical health officer under subsection (2), the owner or occupant referred to in that subsection must give access to the building or structure, and disclose full information respecting its use.
17 (1) In this section, "personal representative" includes the following:
(a) an executor within the meaning of the Wills Act;
(b) an administrator within the meaning of the Estate Administration Act;
(c) a trustee of an estate or part of an estate under administration.
(2) A licensee or an employee of a community care facility must not do any of the following:
(a) endeavour to persuade a pregnant woman to enter a community care facility by offering to arrange for the adoption of her child after birth;
(b) bring, cause to be brought, advertise for or in any way encourage the entry into British Columbia of any adult person to become a resident in a community care facility;
(c) bring, cause to be brought, advertise for or in any way encourage the entry into British Columbia of any child to become a resident in a community care facility without first obtaining the written approval of the director of adoption designated under the Adoption Act;
(d) persuade or induce, or attempt to persuade or induce, a resident to make or alter his or her will, or to make a gift, to provide a benefit for the operator or employee or spouse or relative of either of them under the will or by gift, or influence the resident in the conduct of his or her financial affairs for the benefit of the operator or employee or relative or spouse of either of them, and every provision conferring such a benefit in a will and every gift so made, or agreed to be made, is void and of no effect, unless the Public Guardian and Trustee consents in writing to the gift being made or to the disposition under the will being completed and carried out;
(e) require that an applicant for admission to a community care facility, as a condition of admission, make any payment or donation other than the agreed rates;
(f) act under the authority of a power of attorney granted to the licensee or employee by a resident of a community care facility operated by the licensee or in which the employee is employed, and the power of attorney and a disposition made under the power of attorney are void, unless
(i) the licensee or employee is a child, parent or spouse of the resident, or
(ii) the Public Guardian and Trustee consents in writing to the power of attorney or the disposition;
(g) act as a personal representative or committee of the estate of a resident or former resident of a community care facility operated by the licensee or in which the employee is employed, unless the licensee or employee is a child, parent or spouse of the resident or former resident;
(h) act as representative under an agreement made under the Representation Agreement Act by a resident or former resident of a community care facility operated by the licensee or in which the employee is employed, unless the licensee or employee is a child, parent or spouse of the resident or former resident.
18 If a person prepays any part of the cost of services provided by a class of community care facility designated by the Lieutenant Governor in Council, the licensee or manager of the facility must, at the time of the prepayment, deliver to the person a written statement setting out the terms and conditions on which a refund of all or any of the prepayment will be made.
19 (1) An action for damages does not lie and must not be instituted against the director, a medical health officer or a member of the board or a panel or a person acting on behalf or under the direction of any of them because of anything done or omitted in good faith in the performance or intended performance of any duty or the exercise or intended exercise of any power under this Act or the regulations.
(2) Subsection (1) does not absolve the government or an employer from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
20 (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:
(a) prescribing how an application for a licence to operate a community care facility must be made to the director, and the form and content of the application;
(b) prescribing the fees to be paid to the government for an application, licence, certificate or permit;
(c) prescribing standards of construction for, and the facilities, equipment and furnishings that must be contained in, different classes of community care facilities before an applicant can obtain an interim permit or licence under this Act;
(d) prescribing the duties and responsibilities of a licensee and a licensee's employees;
(e) prescribing the training, experience and other qualifications required for operators and employees of different classes of community care facilities;
(f) prescribing the records required to be kept by an operator of a community care facility and the reports of the operation of the facility required to be submitted to the director;
(g) prescribing the number or proportion of persons
(i) to whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act, and
(ii) who are to be provided with food and lodging in a community care facility;
(g.1) prescribing the rates payable for the persons referred to in paragraph (g);
(h) prescribing the treatment, rehabilitative and recreational programs that the operator of a community care facility must provide for the benefit of the residents in it;
(i) prescribing the extent of physical, mental or emotional disability that a licensee may accept, accommodate or care for in a community care facility;
(j) prescribing the minimum and maximum age, and the maximum number, of persons who may be accepted or accommodated in different classes of community care facilities;
(k) prescribing the maximum number of hours per day that a person may be accepted or accommodated in or cared for in different classes of community care facilities;
(l) prescribing the types of care supervision, social or educational training or physical or mental rehabilitative therapy that may be provided in different classes of community care facilities and prescribing standards for each type;
(m) limiting the conditions of admission that a licensee may require of an applicant for admission to a community care facility and the restrictions that a licensee may impose on a person cared for in a community care facility;
(n) prescribing the circumstances in which the director may
(i) issue a letter of permission authorizing a licensee to employ a person as an early childhood educator, or a particular class of early childhood educator, even though the person does not have the training, experience and other qualifications required by the regulations for a certificate for that position, and
(ii) withdraw a letter of permission.
(3) In making regulations under this section, the Lieutenant Governor in Council may make different provision for one or more classes of community care facilities.
21 (1) A person who contravenes this Act or the regulations commits an offence.
(2) If an offence under subsection (1) is of a continuing nature, each day that the offence continues constitutes a separate offence.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada